A.
From and after the date of enactment of this chapter, a stormwater management plan, and other information specified herein, shall be submitted to the Municipality for all regulated activities (except exempt activities enumerated in Subsection G(1) of this article); and no regulated activities may commence until the Municipality issues written approval of a stormwater management plan that is compliant with the requirements of this chapter.
B.
For all regulated activities, stormwater management facilities, and permanent erosion and sediment pollution control facilities 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 and the Clean Streams Law.[1] Various stormwater management BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual (PA DEP). Various erosion and sediment pollution control BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (PA DEP).
[1]
Editor's Note: See 35 P.S. § 691.1 through 691.1001.
C.
A stormwater management plan, and other information specified herein, shall be submitted at the same time, and together with the submission of any preliminary and/or final subdivision or land development plan(s), along with a completed checklist supplied by the Municipality indicating the items contained within the submission.
D.
The applicant/developer and his/her registered professional shall schedule a pre-application meeting that should include representatives from the Municipality, the Municipal Planning Commission, the municipal engineer, the Municipal Zoning Officer, the Municipal Building Code Official, the Columbia County Conservation District, and when required, PA DEP and PennDOT. The applicant/developer and his/her registered professional are encouraged to schedule the pre-application meeting as early in the design phase as practical. Any stormwater management plan(s) submitted to the Municipality prior to a pre-application meeting will be considered administratively incomplete, and will be returned to the applicant/developer; and any application fee(s) will be subject to forfeit.
E.
Concurrent reviews. Whenever any regulated activity is associated with a subdivision or land development, the review of the stormwater management plan for the regulated activity shall run concurrently with the review of the subdivision plan/land development plan. Preliminary approval and/or final approval of a subdivision or land development plan, and/or the issuance of a zoning permit shall be contingent upon the submission of a stormwater management plan and other materials specified herein, and approval of the stormwater management plan in accordance with provisions of this chapter.
F.
Review by municipal engineer. All stormwater management plans shall be submitted to the municipal engineer for review and comment. Such review shall include a statement by the municipal engineer specifying any provisions of this chapter that have not been met.
G.
Validity of approved plan. Once a stormwater management plan has been approved, together with a subdivision or land development plan approval, or together with the issuance of a zoning permit, said stormwater management plan shall be valid only for the subdivision or land development plan that was approved by the Municipality, or for the zoning permit that was issued to the applicant/developer. Any further development on the lot or lots requiring a revision of the approved stormwater management plan, or other construction or activities, as defined by Municipal zoning regulations,[2] shall require the submission of a new, amended, or revised stormwater management plan, and other information specified herein.
(1)
Exemptions from plan preparation. The criteria for exemption applies to the total development proposed, including instances in which the development is proposed to take place in phases. The date of enactment of this chapter shall be the starting point from which future development and the respective exemption criteria shall be cumulatively considered and regulated. Impervious area, as it relates to exemption criteria, shall include, but not be limited to, any roof, parking, or driveway areas; and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious. The following activities may be exempt from the plan preparation and submission provisions of this chapter, but shall remain subject to the minimum design standards and criteria specified in this chapter (and any erosion and sediment pollution control requirements):
(a)
Noncommercial home gardening.
(b)
Agricultural activity, when operated in accordance with an approved conservation plan, or erosion and sediment pollution control plan.
(c)
Regulated activity(ies) where the total impervious area associated with such activity(ies) will be less than 5,000 square feet.
(d)
Regulated activity(ies) where the applicant/developer can satisfactorily demonstrate that downstream property(ies), groundwater, and waters of the Commonwealth will not be harmed if the total impervious area(s) associated with such activity(ies) would exceed 5,000 square feet.
(e)
Forest management/timber operations, when conducted in accordance with 25 Pa. Code, Chapter 102, may be exempt from the plan preparation and submission provisions of this chapter; however, a sketch plan showing the location, extent, and description of the proposed forest management/timber operations must be submitted to the Municipality for review, and for a determination regarding the requirement to prepare and submit a stormwater management plan in accordance with this chapter. In making a determination regarding the requirement to prepare and submit a stormwater management plan in accordance with this chapter, the Municipality will consider, at a minimum, the following factors: proximity of forest management/timber operations to adjacent developed properties and roadways, the type of operations (clear cut versus select cut), the aerial extent of the forest management/timber operations, construction of proposed haul/skid roads and landings, the type of terrain where the forest management/timber operations will occur, the potential for damage to downstream properties and/or structures, and any plans for proposed re-vegetation of cleared/disturbed areas. Under certain circumstances, the Municipality may allow forest management/timber operations to commence prior to the review of the sketch plan by the Municipality; however, in the event that the Municipality determines that the forest management/timber operations are not exempt from the plan preparation and submission provisions of this chapter, then any required stormwater management plan must be submitted to the Municipality for review within 30 calendar days after the determination date, and the approved stormwater management plan must be fully implemented within 30 calendar days after approval of same by the Municipality. Forest management/timber operations involving timber harvesting in preparation for future land development are not exempt from the plan preparation and submission provisions of this chapter.
The municipality shall review all regulated activities to determine if the activity or activities may be exempt from the plan preparation and submission provisions of this chapter.
As previously stated, activities that are deemed by the Municipality to be exempt from the plan preparation and submission provisions of this chapter remain subject to the minimum design standards and criteria specified in this chapter (and any erosion and sediment pollution control requirements). Therefore, any and all BMPs that may be required to meet the minimum design standards and criteria specified in this chapter (and any erosion and sediment pollution control requirements) must be designed by a registered professional. Also, a registered professional must provide a written certification to the Municipality that any and all required BMPs were installed in accordance with the design of these BMPs.
(2)
All regulated activities that do not fall under the exemption criteria referenced above shall submit a stormwater management plan to the Municipality for review.
(a)
Stormwater management facilities shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities or open channels consistent with this chapter.
(b)
The existing points of concentrated drainage that discharge onto adjacent property shall not be altered without permission of the affected property owner(s), and shall be subject to any applicable discharge criteria specified in this chapter.
(c)
Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of the existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant/developer must document that adequate downstream conveyance facilities exist to safely convey the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding, or other harm will result from the concentrated discharge.
(d)
Where a site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The 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. Maintenance, including mowing of vegetation within the easement, shall be required, unless exempted by the Municipality.
(e)
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 PA DEP through the Joint Permit Application process, or, where deemed appropriate by PA DEP, through a general permit or small projects permit.
(f)
Any stormwater management facilities regulated by this chapter that would be located within or adjacent to wetlands or other waters of the Commonwealth shall be subject to approval by PA DEP through the Joint Permit Application process, or, where deemed appropriate by PA DEP, the General Permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant/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 PA DEP.
(g)
Any stormwater management facilities regulated by this chapter that would be located within state highway rights-of-way shall be subject to approval by the PennDOT.
(h)
Minimization of impervious surfaces, and infiltration of stormwater runoff through stormwater infiltration facilities are encouraged where soil conditions permit in order to reduce the size, or eliminate the need for stormwater detention facilities.
(i)
In order to promote overland flow and infiltration, roof drains should not discharge directly to streets or storm sewers. Roof drains may discharge directly to streets or storm sewers when deemed necessary by the Municipality and its engineer. Under no circumstances shall roof drains discharge directly to sanitary sewer systems.
(3)
Waivers.
(b)
Waivers or modifications of the requirements of this chapter may be approved by the Municipality if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the Ordinance is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the ordinance. A request for modifications shall be in writing and accompany the stormwater management plan submission. The request shall provide the facts on which the request is based, the provision(s) of the ordinance involved, and the proposed modification.
(c)
No waiver or modification of any regulated activity involving any earth-disturbance activity greater than or equal to one acre may be granted by the Municipality, unless that action is approved in advance by PA DEP or the Columbia County Conservation District.