A.
All regulated activities in the municipality which do not fall under the exemption criteria shown in § 352-5 of this chapter shall submit a stormwater management site plan consistent with this chapter to the municipality for review. These criteria shall apply to the total proposed development even if development is to take place in stages.
B.
Preparation and implementation of an approved SWM site plan is required.
C.
No regulated activities shall commence until the municipality issues written approval of an SWM site plan, which demonstrates compliance with the requirements of this chapter.
D.
SWM site plans approved by the municipality, in accordance with Article IV, shall be on site throughout the duration of the regulated activity.
E.
The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law, including, but not limited to, the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
F.
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual),[2] No. 363-2134-008, as amended and updated.
G.
Impervious areas:
(1)
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
(2)
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 352-15 and the peak rate controls of § 352-12 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
H.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property.
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b)
Maintain or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(3)
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual).[3] If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
I.
The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
J.
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
K.
Normally dry, open-top storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm.
L.
The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the latest version of the Precipitation-Frequency Atlas of the United States, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 145 can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/.
M.
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.[4]
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
N.
Various BMPs and their design standards are listed in the BMP Manual.
O.
Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities designed to encourage infiltration, groundwater recharge, and improved water quality.
P.
Existing points of concentrated drainage that discharge onto adjacent property shall not be altered without written approval of the affected property owner(s) and shall be subject to any applicable discharge criteria specified in this chapter.
Q.
Areas of existing sheet flow discharge shall be maintained wherever possible. If sheet flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding or other harm will result from the concentrated discharge; and submit written approval from the affected adjacent property owner(s).
R.
For all subdivision and land development applications, the tributary area discharging drainage to any location along the site property boundary shall not increase by more than 25% over the predevelopment condition without written approval from the adjacent affected property owner(s).
S.
Where a development site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The width of the easement shall be adequate to provide for the unimpeded flow of stormwater runoff from the 100-year storm event. Terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement. Periodic maintenance of the easement shall be required by the landowner to ensure proper runoff conveyance.
T.
When it can be shown that, due to topographic conditions, natural drainageways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by PADEP through the joint permit application process or, where deemed appropriate by PADEP, through the general permit process.
U.
Any stormwater management facilities regulated by this chapter that will be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by PADEP through the joint permit application process or, where deemed appropriate by PADEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the developer or his agent to show that the land in question cannot be classified as wetlands; otherwise, approval to work in the area must be obtained from PADEP.
V.
Any stormwater management facilities regulated by this chapter that would be located on state highway rights-of-way, or discharge stormwater to facilities located within a state highway right-of-way, shall be subject to approval by the Pennsylvania Department of Transportation (PADOT).
W.
Minimizing site disturbance and impervious surface, and infiltrating stormwater runoff through seepage beds, infiltration trenches, etc., are encouraged, where soil conditions permit, to reduce the size or eliminate the need for retention/detention facilities.
X.
Roof drains and sump pumps shall discharge to a natural watercourse, drainage swale, or stormwater easement. Roof drains and sump pumps shall not be connected to a storm sewer or street drainage structure unless designed as part of a stormwater management facility. In no case shall roof drains or sump pumps be connected to a sanitary sewer.
Y.
Whenever a watercourse is located within a development site, it shall remain open in the natural state and location and shall not be piped, impeded, or altered (except for road crossings). It is the responsibility of the developer to stabilize existing eroded stream/channel banks.
Z.
Special requirements for watersheds draining to high-quality (HQ) and exceptional-value (EV) waters. The temperature and quality of water and streams that have been declared as exceptional value and high quality are to be maintained as defined in Chapter 93, Water Quality Standards, Title 25, Pennsylvania Department of Environmental Protection Rules and Regulations. Temperature-sensitive BMPs and stormwater conveyance systems are to be used and designed with storage pool areas and supply outflow channels, and shaded with trees. This will require modification of berms for permanent ponds and the relaxation of restrictions on planting vegetation within the facilities, provided that capacity for volumes and rate control is maintained. At a minimum, the southern half of pond shorelines shall be planted with shade or canopy trees within 10 feet of the pond shoreline. In conjunction with this requirement, the maximum slope allowed on the berm area to be planted is 10 to 1. This will lessen the destabilization of berm soils due to root growth. A long-term maintenance schedule and management plan for the thermal control BMPs is to be established and recorded for all development sites.
