A.
For all regulated activities, unless preparation of an SWM Site Plan is specifically exempted in § 294-14:
(1)
Preparation and implementation of an approved SWM Site Plan is required.
(2)
No regulated activities shall commence until:
(a)
The Municipality issues written approval of an SWM Site Plan, which demonstrates compliance with the requirements of this chapter; and
(b)
The Applicant has received a letter of adequacy or approval for the Erosion and Sediment Control Plan review by the Municipality 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.
B.
Neither submission of an 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.
C.
SWM Site Plans approved by the Municipality, in accordance with § 294-30, shall be on site throughout the duration of the regulated activity.
D.
The Municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that such alternative measures meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.
E.
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 chapter 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.
F.
Impervious areas:
(1)
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.
(2)
For development taking place in stages, the entire development plan shall be used in determining compliance with this chapter.
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 294-15 and the peak rate controls of § 294-18 do not need to be retrofitted for existing impervious areas that are not being altered by the proposed regulated activity.
G.
Stormwater flows onto adjacent property shall not be created, increased, relocated, or otherwise altered without written notification to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
H.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property.
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b)
Maintain or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this Commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(3)
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM Site Plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
I.
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 Municipal Engineer.
J.
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 chapter.
K.
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 and not more than 72 hours from the end of the design storm.
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 Municipality. The Municipality 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.
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 can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
N.
For all regulated activities, SWM BMPs 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, and the Storm Water Management Act.
O.
Various BMPs and their design standards are listed in the BMP Manual.
P.
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 §§ 294-15, 294-16, 294-17, and 294-18). Drainage facilities located on the Site shall be designed to safely convey flows from outside of the Site through the Site.
Q.
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.
R.
Hotspots runoff controls. Specific structural or pollution prevention practices may be required, as determined to be necessary by the Municipal 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 Municipality.
S.
Additional water quality requirements. The Municipality 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.).
T.
All Regulated Activities located within a Special Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA) shall comply with Chapter 117 of the Marietta Borough Code of Ordinances, more specifically known as the "Marietta Borough Floodplain Management Ordinance" 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.