A.
All regulated activities in Delaware River South Watershed that do not fall under the exemption criteria shown in § 370-25 shall submit a drainage plan consistent with the Delaware River South 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. Impervious cover 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 for the exemption criteria. All regulated activities within the municipality shall be designed, implemented, operated and maintained to meet the purposes of this Part 1, through these two elements:
B.
No regulated earth disturbance activities within the municipality shall commence until the requirements of this Part 1 are met.
C.
Discharges onto adjacent property shall not be created, increased, decreased, or relocated, or otherwise altered without permission of the adjacent property owner(s). Such discharges shall be subject to the requirements of this Part 1.
D.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property.
(3)
Meet the water quality goals of this Part 1 by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, natural slopes over 15%, and existing native vegetation.
(b)
Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjacent to impervious areas whenever feasible.
(c)
Establish and maintain nonerosive flow conditions in natural flow pathways.
(d)
Minimize soil disturbance and soil compaction. Cover disturbed areas with topsoil having a minimum depth of four inches. Use tracked equipment for grading when feasible.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas.
E.
Stormwater drainage systems 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 Part 1.
F.
The drainage plan must be designed consistent with the sequencing provisions of § 370-13 to ensure maintenance of the natural hydrologic regime and to promote groundwater recharge and protect groundwater and surface water quality and quantity. The drainage plan designer must proceed sequentially in accordance with Article III of this Part 1.
G.
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 Part 1.
H.
Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this Part 1. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant 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.
I.
Whenever a watercourse is located within a development site, it shall remain open in its natural state and location and should not be piped, impeded, or altered (except for road crossings). It is the responsibility of the developer to stabilize existing eroded stream/channel banks.
J.
Where a development 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.
K.
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 the municipality and the DEP through the joint permit application process, or, where deemed appropriate by DEP, through the general permit process.
L.
Any stormwater management facilities regulated by this Part 1 that would be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by DEP through the joint permit application process, or, where deemed appropriate by DEP, 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 DEP.
M.
Any stormwater management facilities regulated by this Part 1 that would be located on or discharge into state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).
N.
Minimization of impervious surfaces and infiltration of runoff through seepage beds, infiltration trenches, etc., are required to reduce the size or eliminate the need for detention facilities.
O.
Roof drains must not be discharged to streets or roadside ditches or connected to sanitary or storm sewers. Overland flow and infiltration/percolation of stormwater shall be promoted where advantageous to do so. Only when it is more advantageous to connect directly to streets or storm sewers, shall it be permitted on a case-by-case basis by the municipality.
