[Ord. No. 2022-06, 8/9/2022]
1.
Regulated activities are subject to the following permitting requirements:
A.
Regulated activities that propose up to 500 square feet of new impervious (measured cumulatively from the adoption date of this ordinance) qualify to pay a fee in lieu of completing a stormwater management plan. Payment of a fee does not alleviate the applicant from the management of stormwater or the regulatory requirements of this ordinance. This fee shall be determined by resolution.
C.
Regulated activities that propose greater than 2,000 square feet of new impervious area shall be required to submit a stormwater management plan that meets the requirements set forth in § 26-131.
D.
No regulated activities shall commence until the municipality issues written approval of a SWM site plan or other applicable authorization which demonstrates compliance with the requirements of this Part.
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.[2]
[2]
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 beginning with initial topsoil removal and through the conversion and operation of all post-construction stormwater management 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 Manual3), 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, even if development spans separate parcels.
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.
6.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written approval of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this Part. Water discharges cannot be discharged within 10 feet of the property line unless there is an existing easement or approval from the neighboring property owner is obtained.
7.
All regulated activities shall include such measures as necessary to:
A.
Protect health, safety, and property.
B.
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.
C.
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual4). 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 geology shall include an evaluation of measures to minimize adverse effects, including hydrogeologic studies, if required by the municipality.
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 more than 72 hours from the end of the design storm.
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 145 can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
12.
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this Ordinance and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act. Various BMPs and their design standards are listed in the BMP Manual4.
13.
Financial security for the completion of stormwater management facilities is set forth in § 26-138 of this Part.
14.
Prior to the full release of financial security, the applicant shall be responsible for providing a record plan of all stormwater management facilities included in the approved stormwater management plan. The record plan and an explanation of any discrepancies with the design plans shall be submitted to the municipality or its designee for final approval. The record plan shall include a final certification as required by Chapter 102 from an engineer, landscape architect, surveyor, or other qualified person registered in the Commonwealth of Pennsylvania.
15.
All work shall be in accordance with the Township's construction and materials specifications.