This Part 2 shall be known and may be cited as the "Borough of Baldwin Stormwater Management Ordinance" or just the "stormwater regulations."
This Part 2 is adopted in accordance with the authority granted to municipalities to regulate subdivision and land development by the Stormwater Management Act of October 9, 1978 (P.L. 864, No. 167, 32 P.S. §§ 680.1 through 680.17), as amended, and the Stormwater Management Guidelines adopted by the General Assembly. This Part 2 shall supersede all previous ordinances.
These regulations are adopted and implemented to achieve the following general purposes and objectives:
To utilize and protect the desirable existing natural drainage systems and to preserve the flood protection capacity of streams.
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
To provide for adequate maintenance of all permanent stormwater management facilities in the Borough.
To update and revise the existing Ordinance No. 605 (Note: Said ordinance comprised the former stormwater regulations, amended in their entirety by Ord. No. 691.) due to changes in the engineering concepts concerning stormwater management.
To update and revise the existing Ordinance No. 605 (as amended by Ord. No. 659) due to changes in the engineering and legal concepts concerning stormwater management.
Inadequate maintenance of stormwater facilities contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, increases the cost of public facilities to carry and control stormwater, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
Federal and state regulations require certain municipalities to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee's regulated small municipal separate stormsewer systems (MS4s).
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
Provide review procedures and performance standards for stormwater planning and management.
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
Maintain existing flows and quality of streams and watercourses.
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Municipality's separate storm sewer system.
The provisions of this Part 2 shall apply to all subdivision and land developments unless specifically exempted or otherwise modified herein. All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute nonstormwater discharges to a regulated small MS4 are subject to regulation by this Part.
Repealer. Any other ordinance provision(s) or regulation of the Municipality inconsistent with any of the provisions of this Part 2 is hereby repealed to the extent of the inconsistency only.
Compatibility with other requirements. Actions taken under this part do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation, or ordinance.
The applicant will be responsible for all fees associated with the approval and installation of the stormwater management plan; such fees include, but will not be limited to, inspection, engineering, legal and administrative. Said fees are posted with the municipality. Such fees will be established from time to time by the Borough by resolution; engineer costs and expenses shall be billed to the Borough that shall be payable by the applicant.
Administrative/clerical costs. The review of the BMP operations and maintenance plan by the Municipal Engineer. The site inspections including, but not limited to preconstruction meetings, inspections during construction of stormwater BMPs, and final inspection upon completion of the stormwater BMPs.
Interpretation. The word "person" includes a corporation, association, partnership or individual. The words "shall" and "will" are mandatory; the word "may" is permissive. The word "building" includes structure or any part thereof. Words used in the present tense include the future tense. Words in the masculine gender shall include the feminine gender.
Definitions. As used in this Part 2, the following terms shall have the meanings indicated:
- The Stormwater Management Act (Act of October 4, 1978, P.L. 864 No. 167; 32 P.S. §§ 680.1 through 680.17, as amended by Act of May 24, 1984, No. 63).
- AGRICULTURAL ACTIVITY
- Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.
- A landowner or developer (including his/her heirs, successors and assigns), as defined by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992, who has filed an application for development within the Borough of Baldwin.
- BOROUGH ENGINEER
- A professional engineer registered in the Commonwealth of Pennsylvania specializing in civil engineering and appointed by the Borough of Baldwin.
- A natural or artificial waterway which periodically or continuously contains moving water or which forms a connecting link between two bodies of water. It has a definite bed and banks which confine the water.
- CONSERVATION DISTRICT (ACCD)
- The Allegheny county conservation district.
- Allegheny County, Pennsylvania.
- A closed conduit for the free passage of surface drainage under a highway, railroad, canal or other embankment.
- The Allegheny County Planning Department.
- DESIGN STORM
- The magnitude of precipitation from a storm event measured in probability of recurrence (e.g., twenty-five-year storm) and duration (e.g., 24 hours), and used in computing stormwater management control systems.
- The slowing, dampening, or attenuating of runoff entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area such as detention basins, reservoirs, on roof tops, in streets, parking lots, or within the drainage system itself, and releasing the water at a desired rate of discharge.
- DETENTION BASIN
- A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A "detention basin" can be designed to drain completely after a storm event, or it can be designed to contain a permanent pool of water, in which case it is called a "retention basin."
- Any activity, construction, alteration, change in land use or similar action that affects stormwater runoff characteristics.
- DEVELOPMENT SITE
- A lot, parcel or tract of land on which development is taking place or is proposed.
- Rate of flow, specifically fluid flow; a volume of fluid flowing from a conduit or channel, or being released from detention storage, per unit of time; commonly expressed as cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm). See also "rate of runoff".
- Interception and removal of excess surface water or groundwater from land by artificial or natural means.
- DRAINAGE AREA
- The contributing land area to a single drainage basin, expressed in acres, square miles, or other units of area; also called a "catchment area", "watershed", or "river basin"; the land area served by a drainage system or by a watercourse receiving storm and surface water, also called "subarea".
- DRAINAGE BASIN
- The land area from which water is carried off by a natural drainage system; also called a "watershed" or "catchment area".
- DRAINAGE EASEMENT
- A right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
- Any structure or activity which in any manner changes, expands or diminishes, the course, current or cross section of any watercourse, floodway or body of water.
- Wearing away of the lands by running, water, glaciers, winds and waves.
- EROSION CONTROL
- The application of measures to reduce erosion of land surfaces.
- A normally dry land area adjacent to stream channels that is susceptible to inundation by overbank stream flows. For regulatory purposes, the Pennsylvania Flood Plain Management Act (Act of October 4, 1978, P.L. 851, No. 166) and regulations pursuant to the Act define the floodplain as the area inundated by a one-hundred-year flood and delineated on a map by FEMA (Federal Emergency Management Agency) or by the applicant in accordance with Borough ordinance requirements.
- FOREST MANAGEMENT or TIMBER OPERATIONS
- Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.
- GROUND COVER
- Materials covering the ground surface.
- GROUND WATER
- Subsurface water occupying the saturation zone, from which wells and springs are fed.
- GROUND WATER RECHARGE
- Replenishment of ground water naturally by precipitation or runoff or artificially by spreading or injection.
- The branch of science concerned with the mechanics of fluids, especially liquids. As applied in stormwater management, the study of the characteristics of water flow in, and conveyance capacity of, a watercourse, considering such factors as depth, velocity and turbulence.
- A graph showing the quantity of runoff at a specific point in time during a rainfall event.
- HYDROLOGIC SOIL GROUP
- Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS).
- The science dealing with the waters of the earth and their distribution and circulation through the hydrosphere (above, on or within the earth). Engineering hydrology deals with the application of hydrologic concepts to the design of projects for use and control of water, as well as the calculation of the rates of stormwater runoff.
- IMPERVIOUS MATERIAL or SURFACE
- Material which resists the entrance or passing through of water or other liquids. Some examples: pavement or roofs.
- INTERMITTENT FLOW
- Flow that starts and stops again at different intervals.
- LAND DEVELOPMENT
- Any of the following activities:
- (1) The improvement of one lot or two or more contiguous lots, tracts or parcels or land for any purpose involving:
- (a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants, or tenure; or
- (b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means or, for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
- (2) A subdivision of land.
- LAND DISTURBANCE
- Any activity involving grading, tilling, digging or filling or stripping of vegetation; or any other activity which causes land to be exposed to the danger of erosion or changed water flow characteristics.
- The upkeep necessary for efficient operation of stormwater structures and facilities.
- The Borough of Baldwin, Allegheny County, Pennsylvania.
- NATURAL STORM WATER RUNOFF REGIME
- A watershed where natural surface configurations, runoff characteristics and defined drainage conveyances have attained the conditions of equilibrium.
- The points at which stormwater runoff leaves streams, storm sewers, swales, or other well defined natural or artificial drainage features, as well as areas of dispersed overland flows within the site and/or leaving the site.
- OUTLET STRUCTURE
- A structure designed to control the volume of stormwater runoff from a detention or retention facility during a specific length of time.
- The person or association which is responsible for the care of the structure(s) described.
- Pennsylvania Department of Environmental Protection.
- PEAK RATE OF RUNOFF (or DISCHARGE)
- The maximum rate of flow of water at a given point and time resulting from a predetermined storm.
- PERFORMANCE STANDARD
- A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it. A specification standard, in contrast, is one which prescribes the exact characteristics to be used, leaving little choice to the applicant. The allowable release rate is an example of a performance standard; the design standards for storm sewers are specifications standards.
- An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, government unit, public utility or any legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PERVIOUS MATERIAL
- Material which permits the passage or entrance of water or other liquid. (i.e., grass, earth, stone, and trees).
- POINT OF INTEREST
- A point of hydrologic and/or hydraulic concern such as a bridge, culvert, or channel section, for which the rate of runoff is computed or measured.
- PREAPPLICATION CONFERENCE
- A meeting with the Borough prior to a formal application submittal.
- PROJECT SITE
- The specific area of land where any regulated earth disturbance activities in the municipality are planned, conducted or maintained.
- QUALIFIED PERSON or QUALIFIED PROFESSIONAL
- Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this Part 2.
- RATE OF RUNOFF
- Instantaneous measurement of water flow expressed as a unit of volume per unit of time, also referred to as discharge. Usually stated in cubic feet per second (cfs) or gallons per minute (gpm).
- REGULATED EARTH DISTURBANCE ACTIVITY
- Earth disturbance activity one acre or more with a point source discharge to surface waters or the municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more or earth disturbance.
- RELEASE RATE PERCENTAGE
- The watershed factor determined by comparing the maximum rate of runoff from a subbasin to the contributing rate of runoff to the watershed peak rate at specific points of interest.
- RETENTION BASIN
- A type of detention basin designed to contain a permanent pool of water.
- RETURN PERIOD
- The average interval in years over which an event of a given magnitude can be expected to recur.
- Using an inflow hydrograph to simulate the water flow through a storage facility creating storage data and an outflow hydrograph.
- That part of precipitation which flows over the land.
- RUNOFF CHARACTERISTICS
- The surface components of any watershed which affect the rate, amount, and direction of stormwater runoff. These may include, but are not limited to, vegetation, soils, slopes, and manmade landscape alterations.
- Solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site or origin by air, water, gravity, or ice and has come to rest on the earth's surface.
- The process by which mineral or organic matter is accumulated or deposited by moving water, wind or gravity.
- SOIL-COVER COMPLEX METHOD
- A method of runoff computation developed by the United States Soil Conservation Service and specifically found in its publication, Urban Hydrology for Small Watersheds, Technical Release No. 55, SCS (or most current edition). There are several runoff models which implement this methodology and it is not limited to the TR-55.
- STORAGE FACILITY
- See "detention basin."
- STORM FREQUENCY
- See "design storm."
- STORM SEWER
- A pipe, culvert or underground open channel that carries intercepted surface runoff, street water, and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.
- STORMWATER COLLECTION/CONVEYANCE SYSTEM
- Natural or engineered structures which collect and transport stormwater through or from a drainage area to the point of final outlet, including but not limited to, any of the following: conduits and appurtenance features, canals, channels, ditches, streams, culverts, streets and pumping stations.
- STORMWATER MANAGEMENT PLAN
- The plan for managing stormwater runoff from a specific development site.
- STORMWATER MANAGEMENT SITE PLAN
- The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with this Part 2. Stormwater management site plan will be designated as SWM site plan throughout this Part.
- STORMWATER RUNOFF
- Waters resulting from snow melt or precipitation within a drainage basin, flowing over the surface of the ground, collected in channels and conduits, and carried by receiving streams.
- A watercourse.
- A portion of the watershed that has similar hydrological characteristics and drains to a common point. Also called a drainage area.
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling shall be exempted.
- A low-lying stretch of land which gathers or carries surface water runoff.
- The higher parts of a region or tract of land.
- VOLUME OF STORMWATER RUNOFF
- Quantity of water normally measured cubic feet or acre-feet, measured or determined analytically from runoff coefficients; rainfall/runoff ratios; and areas underneath hydrographs.
- WATERCOURSE (WATERWAY)
- Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
- WATERS OF THIS COMMONWEALTH
- Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth. (Source: The Clean Streams Law).
- The entire region or area drained by a river or other body of water whether natural or artificial. A "designated watershed" is an area delineated by PaDEP and approved by the Environmental Quality Board as one for which the county is required to prepare a watershed stormwater management plan in accordance with the Pennsylvania Stormwater Management Act. Also called a drainage basin.
- Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes, but is not limited to, wetland area listed in the State Water Plan, the United States Fish and Wildlife Service Wetlands Inventory Maps, and the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission.