A.
Applicants proposing regulated activities in the Borough which are not exempt under § 342-106 shall submit a Stormwater Management Site Plan (SWM site plan) to the Borough for review and approval in accordance with Articles III and IV. SWM site plans approved by the Borough shall be kept on site throughout the duration of the regulated activity.
B.
The stormwater management and runoff control criteria and standards in this chapter as well as the measurement of the impervious surfaces shall apply to the total proposed regulated activity, even if it is to take place in stages.
C.
No regulated activity within the Borough shall commence until:
(1)
The Borough issues approval of a SWM site plan in the form of a SWM permit, which demonstrates compliance with the requirements of this chapter; and
(2)
The applicant has received a letter of adequacy or approval for the erosion and sediment control plan review by the Borough and the Conservation District (if required), and has received all other local, state and federal permit approvals required for the project involving the regulated activity.
D.
Neither submission of a SWM site plan under the provisions herein nor compliance with the provisions of this chapter shall relieve any person from responsibility for damage to any person or property otherwise imposed by law.
E.
The applicant shall design the site to minimize disturbances to land, site hydrology, and natural resources, and to maintain the natural hydrologic regime, drainage patterns and flow conditions. The applicant shall apply the procedures set forth in § 342-304 for the overall site design and for selection, location and design of features and BMPs to be used to comply with the requirements of this chapter.
F.
To the maximum extent practicable, postconstruction stormwater shall be discharged within the drainage area of the same stream or water body receiving the runoff prior to construction of the proposed regulated activity.
G.
For regulated activities with one acre or more of proposed earth disturbance, existing drainage peak rate discharges up to and including the 100-year storm and the volume of runoff up to and including the two-year storm onto or through adjacent property(ies) or downgradient property(ies), including diffuse drainage discharge, shall not be altered in any manner by regulated activities under this chapter without written permission from, and, where applicable as determined by the Borough an easement and agreement with, the affected landowner(s) for conveyance of discharges onto or through their property(ies). Altered stormwater discharges shall be subject to any applicable discharge criteria specified in this chapter.
(1)
For regulated activities with one acre or less proposed earth disturbance the applicant shall provide written notification to the affected landowner(s) describing the proposed regulated activity and proposed discharge(s), unless otherwise required by the Borough.
H.
Areas located outside of the site (i.e., areas outside of the regulated activity) that drain through a proposed site are not subject to water quality and volume control, infiltration, stream channel protection, or peak flow rate control requirements (as presented in §§ 342-305, 342-306, 342-307, and 342-308). Drainage facilities located on the site shall be designed to safely convey flows from outside of the site through the site.
I.
If site conditions preclude capture of runoff from limited portions of the disturbed area for achieving water quality volume control standards, stream channel protection standards, and the two-year storm event peak runoff rate reduction standards for new development required by this chapter, the applicant shall propose alternate methods to mitigate the bypass of the BMPs, subject to the approval of the Municipal Engineer. In no case shall resulting peak rate be greater than the predevelopment peak rate for the equivalent design storm.
J.
For all regulated activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated activities (i.e., during construction) as required to meet the purposes and requirements of this chapter, to meet the erosion and sediment control requirements of the Borough, if applicable, and to meet all requirements under Title 25 of the Pa. Code and the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. §§ 691.1 et seq.
K.
For all regulated activities, permanent BMPs and conveyances 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,[2] and the Storm Water Management Act.[3]
L.
The design of all BMPs and conveyances shall incorporate sound engineering principles and practices in a manner that does not aggravate existing stormwater problems as identified by the Borough. The Borough reserves the right to disapprove any design that would result in construction in an area affected by existing stormwater problem(s) or continuation of an existing stormwater problem(s).
M.
Existing wetlands, either on the site or on an adjacent property, shall not be used to meet the minimum design requirements for stormwater management or stormwater runoff quality treatment. Stormwater discharges to existing wetlands shall not degrade the quality or hydrologic integrity of the wetland.
N.
Hotspots runoff controls. Specific structural or pollution prevention practices may be required, as determined to be necessary by the Borough Engineer, to pretreat runoff from hotspots prior to infiltration. Following is a list of examples of hotspots:
(1)
Vehicle salvage yards and recycling facilities;
(2)
Vehicle fueling stations;
(3)
Vehicle service and maintenance facilities;
(4)
Vehicle and equipment cleaning facilities;
(5)
Fleet storage areas (bus, truck, etc.);
(6)
Industrial sites based on Standard Industrial Classification Codes;
(7)
Marinas (service and maintenance areas);
(8)
Outdoor liquid container storage;
(9)
Outdoor loading/unloading facilities;
(10)
Public works storage areas;
(11)
Facilities that generate or store hazardous materials;
(12)
Commercial container nursery;
(13)
Contaminated sites/brownfields;
(14)
Other land uses and activities as designated by the Borough.
O.
Contaminated and brownfield sites. Where BMPs may contribute to the migration of contaminants in groundwater, the water quality and runoff volume, stream channel protection, and peak rate control standards shall be met; however, at the Borough Engineer's discretion, the minimum infiltration requirement may be reduced or eliminated commensurate with the contaminated area and the required water quality and runoff control measures may be increased to mitigate the reduced infiltration requirement for the contaminated area.
P.
Additional water quality requirements. The Borough may require additional stormwater control measures for stormwater discharges to special management areas including, but not limited to:
(1)
Water bodies listed as "impaired" by PADEP.
(2)
Any water body or watershed with an approved total maximum daily load (TMDL).
(3)
Areas of known existing flooding problems.
(4)
Critical areas with sensitive resources (e.g., state-designated special protection waters, cold water fisheries, carbonate geology or other groundwater recharge areas that may be highly vulnerable to contamination, drainage areas to water supply reservoirs, etc.).
Q.
Applicants shall utilize the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual), as amended, or other sources acceptable to the Borough Engineer, for testing and design standards for BMPs, and where there is a conflict with the provisions of this chapter, the most restrictive applies.
R.
For areas underlain by karst or carbonate geology that may be susceptible to the formation of sinkholes and other karst features, the location, type, and design of infiltration BMPs shall be based on a site evaluation conducted by a qualified licensed professional and based on the PA BMP Manual (as amended) or other design guidance acceptable to the Borough Engineer. The following certificate shall be included on all stormwater site plans and shall be signed and sealed by the Developer's Professional Geologist, "I, __________, certify that the proposed stormwater/BMP facility (circle one) is/is not underlain by carbonate geology."
S.
All regulated activities located within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with the West Grove Borough Zoning Ordinance[4] section(s) regarding floodplain management and shall be designed to maintain the flood carrying capacity of the floodway such that the base flood elevations are not increased, either upstream or downstream. The natural conveyance characteristics of the site and the receiving floodplain shall be incorporated into the stormwater management practices proposed for the site.
T.
Any disturbance of existing ground cover during construction of the proposed regulated activity is prohibited within 50 feet of top-of-bank of all perennial waterways and intermittent waterways, water bodies (lakes, ponds, etc.) and wetlands, except for activities otherwise approved by state or local agencies (e.g. stream restoration projects, road crossings, subsurface utility projects, etc.). At the Borough Engineer's discretion, and with Conservation District and PADEP approval where necessary, the non-disturbance buffer may be reduced because of setback or other site constraints, but never be less than 10 feet.