[Ord. No. 1151, 6/20/2023]
1.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 26-122:
2.
SWM site plans approved by the municipality, in accordance with § 26-136, shall be on-site throughout the duration of the regulated activity.
3.
The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this Part, 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.
4.
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 Part 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.
5.
Impervious Areas.
A.
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.
B.
For development taking place in stages, the entire development plan must be used in determining conformance with this Part.
C.
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this Part; except that the volume controls in § 26-123 and the peak rate controls of § 26-124 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
D.
Parent Tracts. Ordinance criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption from the original Brodhead and McMichaels Creek Act 167 Plans shall be the starting date from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this Part shall not be considered in cumulative impervious area calculations for exemption purposes.
6.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this Part.
7.
All regulated activities shall include such measures as necessary to:
A.
Protect Health, Safety, and Property. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property.
B.
Drainage Problems. If a drainage problem is documented or known to exist downstream of, or expected from, the proposed activity, then the municipality may require an SWM site plan submittal.
C.
Meet the water quality goals of this Part by implementing measures to:
(1)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(2)
Maintain or extend riparian buffers.
(3)
Avoid erosive flow conditions in natural flow pathways.
(4)
Minimize thermal impacts to waters of this commonwealth.
(5)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(6)
As required by the Borough MS4 program:
(a)
Reduce sediment load to the Little Pocono Creek in accordance with DEP MS4 Guidelines; see references in Appendix E[3] and updates on the DEP website.
[3]
Editor's Note: Appendix E is included as an attachment to this chapter.
(b)
Confirm pathogen loading to the Brodhead and McMichael Creeks addressed.
D.
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual[4]). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this Part, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
8.
The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
9.
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 Part.
10.
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 (when possible) and not more than 72 hours from the end of the design storm. The qualified design professional shall include a statement in the stormwater management calculations describing attempts to achieve the goal of a minimum twenty-four-hour drain time.
11.
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 14[5] can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
12.
14.
Applicants proposing regulated activities in the Brodhead and McMichaels Creek watersheds which do not fall under the exemption criteria shown in § 26-122 shall submit an SWM site plan consistent with the Brodhead and McMichaels Creek Watershed Stormwater Management Plan to the municipality for review. These criteria shall apply to the total proposed development even if development is to take place in stages.
15.
Where a development site is traversed by existing watercourses, a drainage covenant acceptable in form to the Borough shall be provided conforming to the line of such watercourses and required buffer. The terms of the covenants shall conform to the stream buffer requirements contained in § 26-125 of this Part.
16.
Any stormwater management facilities regulated by this Part that would 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 applicant 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.
17.
Any stormwater management facilities regulated by this Part that would be located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT). Any stormwater facility located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT). Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements.
18.
All stormwater runoff, other than rooftop runoff, shall be treated for water quality prior to discharge to surface waters or groundwaters. Pretreatment shall be provided prior to discharge to infiltration facilities.
19.
Any stormwater management facility (i.e., BMP, detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this Part shall be designed to provide an emergency spillway to handle the discharge of flows up to and including the inflow to the facility from the 100-year proposed conditions, considering the primary outlet control structure(s) are blocked. The height of embankment must provide a minimum one foot of freeboard above the maximum pool elevation computed when the facility functions for the 100-year proposed conditions inflow for facilities ponding over three feet deep. Should any stormwater management facility require a dam safety permit under PaDEP Chapter 105, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety which may be required to pass storms larger than the 100-year event.
20.
Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures), and any work involving wetlands governed by PA DEP Chapter 105 regulations (as amended or replaced from time to time by PaDEP), shall be designed in accordance with Chapter 105 and will require a permit from PaDEP.
21.
Any other drainage conveyance facility and/or channel that does not fall under Chapter 105 regulations must be able to convey, without damage to the drainage structure or roadway, runoff from the twenty-five-year design storm with a minimum 1.0 foot of freeboard measured below the lowest point along the top of the roadway for connector roads. Local access roads and private roads may be designed to a ten-year storm. Both cases will require the professional to document in the narrative that the overflow path will not negatively affect the safety of the public.
22.
Conveyance facilities to or exiting from stormwater management facilities (i.e., detention basins) shall be designed to convey the design flow to or from that structure. Roadway crossings located within designated floodplain areas must be able to convey runoff from a 100-year design storm.
23.
Storm sewers must be able to convey proposed conditions runoff from a twenty-five-year storm or as necessary to convey the design storm to stormwater management facilities.
24.
Adequate erosion protection shall be provided along all open channels, and at all points of discharge.
25.
The design of all stormwater management facilities shall incorporate sound engineering principles and practices. The municipality reserves the right to disapprove any design that would result in the construction of or continuation of a stormwater problem area.
26.
Protect the public from stormwater basin ponding by providing fence for ponding depths over three feet of depth between the bottom of the basin and the invert of emergency spillway.
