The following land development principles, standards and requirements shall be applied to the Planning Commission in evaluating the plans for proposed land developments and shall be considered minimum requirements. All land development plans shall be consistent with the goals and objectives for land development in the Wilkinsburg Borough Comprehensive Plan.
A. 
Land subject to hazards of life, health, and safety shall not be subdivided or developed until such hazards have been removed.
B. 
No land shall be graded, cut, or filled so as to create a slope exceeding a vertical rise of one foot for each two feet of horizontal distance. A steeper slope of 1:1.5 or 1:1 may be permitted if a soils engineer or an engineering geologist certifies the stability of the proposed slope or if the graded slope will not exceed four feet in height. Any slope exceeding a ratio of 1:2 shall erect a concrete, timber, masonry or other approved retaining wall to support the face of the slope.
A. 
Design speed. Design speeds shall be as follows:
Type
Speed
(mph)
Arterial roads
50
Collector streets
40
Minor Collector Streets
30
Local streets
25
B. 
Layout. Streets shall be planned to conform with the layout of existing streets and so located as to allow proper development of surrounding properties. Local streets shall be laid out so as to discourage through traffic. Collector streets should be designed to provide adequate flow of traffic from streets to major community facilities and to arterial streets.
C. 
Topography. Proposed streets shall be planned to conform to the contour of the land, to provide buildable lots, to have a suitable alignment and grade, and to allow proper drainage.
D. 
Grading. The shoulders shall be graded to six feet behind the curb and provisions shall be made for protection of slopes beyond the right-of-way.
E. 
Street grades. Minimum and maximum grades shall be provided in all streets in accordance with the design standards specified in Table 1. Grades shall be measured along the center line of the street. Vertical curves shall be used in changes of grade exceeding one percent and should be designed in accordance with the design standards specified in Table 1. Intersections shall be approached on all sides by leveling grades for a distance of 25 feet within which no grades shall exceed the design standards specified in Table 1. The grade of actual intersections shall not exceed six percent in any direction.
F. 
Right-of-way paving widths. Minimum widths of rights-of-way and minimum widths of paving shall be provided in accordance with the design standards specified in Table 1. All streets shall be paved in accordance with Borough construction standards.
G. 
Culs-de-sac. A cul-de-sac will not be approved when a through street is practical and shall not be more than 600 feet in length, unless a modification or exception to this requirement is granted under § 229-23 of this chapter. A cul-de-sac shall have a minimum right-of-way radius and an outer minimum-paving radius as specified in the design standards found in Table 1.
H. 
Temporary turnarounds. A temporary turnaround may be required where a road is constructed to an adjoining property line or where the terminus of a road adjoins property in a future phase of the plan. The right-of-way width required for a temporary turnaround shall be a minimum of 60 feet, and the outer paving radius of the temporary turnaround shall be 30 feet.
I. 
Visibility. No fence, hedges, shrubbery, walls, planting (other than trees and grass) or similar obstructions shall be located within the right-of-way, and no such obstruction shall obscure visibility at any intersection. A clear sight triangle, as defined by this chapter, shall be maintained free of any obstructions at intersections so that there shall be a minimum clear sight triangle measured along the center line from the points of intersection in accordance with the requirements specified in Table 1.
J. 
Street names. All new street names shall be approved by the Borough. Names of new streets shall be sufficiently different in sound and spelling from existing names of streets in the Borough so as not to cause confusion. A street which is planned as a continuation of an existing street shall bear the same name. Street signs shall be provided in accordance with § 229-34 of this chapter.
Table 1
Street Design Standards*
Type of Street
Standard
Arterial
Collector
Local
Right-of-way widths (radius)
80 feet
60 feet
50 feet
Cul-de-sac right-of-way radius
N/A
N/A
60 feet
Angle of street intersections
90°
75° to 90°
60° to 90°
Cartway paving width (curb to curb)
32 feet
28 feet
24 feet
Cul-de-sac cartway paving width (curb to curb)
N/A
N/A
26 feet
Minimum street grade
1.5%
1.0%
1.0%
Maximum street grade
6.0%
10.0%
12.0%
Maximum leveling grade — (for 25 feet before nearest right-of -way of street being intersected)
6.0%
6.0%
6.0%
Curb return radius
40 feet
30 feet
25 feet
Clear site triangle (main to side street)
500 feet/30 feet
200 feet/25 feet
75 feet/25 feet
Horizontal curves — (minimum center line radius)
500 feet
200 feet
100 feet
Vertical curves — (plus 20 feet for every 1% change grade over 3%)
150 feet
100 feet
50 feet
NOTES: *These standards are based on PennDOT's publication Guidelines for the Design of Local Roads and Streets.
A. 
Lots shall be subdivided or developed in accordance with the terms of the Wilkinsburg Borough Zoning Ordinance.
B. 
Corner lots shall have a street side yard equal to or greater than the minimum requirement of the Wilkinsburg Borough Zoning Ordinance.
C. 
The frontage widths of lots fronting a cul-de-sac will be determined as the width at the building line. The side yard setback requirements will be calculated from the midpoint of the structure along the average length of both sides of the structure.
D. 
All lot lines shall be set perpendicular or radial to the center line of the street whenever possible. All nonradial lines shall be denoted as such on the plat.
E. 
Lots abutting local streets shall front upon the streets which parallel the long dimension of the block, if possible.
F. 
All lots shall abut by their full frontage on a publicly dedicated street or on a street that has received the legal status as such. Lots abutting on private streets or easements shall not be approved.
G. 
Reverse frontage lots or marginal access to abutting lots shall be required along all arterial streets. Driveways shall enter public streets at safe locations, not less than 50 feet from any intersection, and in no case within the curb radius.
H. 
Where reverse frontage lots are used, they shall provide a rear building line of 75 feet, measured to the right-of-way line of the arterial street.
I. 
Lots abutting a railroad shall provide a rear building line of 75 feet, measured in the shortest distance from the rear of the proposed dwelling unit to the railroad or trolley right-of-way line.
The building lines shall be in accordance with the terms of the Wilkinsburg Borough Zoning Ordinance.
A. 
Blocks in a residential land development shall have a minimum length of 300 feet and a maximum length of 1,200 feet.
B. 
Blocks along arterial streets shall not be less than 800 feet in length.
C. 
Blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are used.
D. 
Exceptionally long blocks shall, at the discretion of Borough Council, be provided with crosswalks with a minimum right-of-way reservation of 12 feet and a four-foot paved walk.
E. 
The depth-to-width ratio of usable lot length shall be at maximum of 2 1/2 to one.
Where desirable or expedient, adequate easements or dedications for public service utilities shall be provided for sewer, water, electric power, and gas lines and similar services; and no structure or obstruction of any kind shall be placed or allowed to be placed where it will interfere in any way with an easement.
A. 
Utility easements shall have a minimum width of 15 feet and be placed at the side or rear of lots whenever possible. When the Engineer determines that conditions are suitable for essential services, an easement reservation shall be required.
B. 
Minimum clearance between the physical edge of the utility installation and the edge of the easement shall be five feet.
A. 
Sidewalks shall be included in developments in which any of the following conditions are met:
(1) 
Where sidewalks exist on the same block on the same side of the street.
(2) 
Within residential developments where the net density exceeds three dwelling units per acre and new streets are proposed.
(3) 
Along roads that are served by public transit or may be served by public transit within three years of the expected date of completion of the proposed development.
(4) 
Where blocks exceed 800 feet in length.
(5) 
Within or along the perimeter of any other pedestrian generator, including:
(a) 
Schools, libraries, community centers, and places of worship.
(b) 
Parks and other recreation centers.
(c) 
Shopping or commercial centers of 25,000 square feet of floor area or more.
B. 
Public sidewalks shall in general be parallel to the street and within the right-of-way. However, alternative locations will be considered, provided that safe and convenient pedestrian circulation is maintained.
C. 
Sidewalks shall have a minimum width of four feet, or if abutting a street curb, shall have a minimum width of five feet. Wider widths may be required near major pedestrian generators.
D. 
Sidewalks within street or public right-of-way shall be concrete, the design and construction of which shall be subject to approval by the Borough Engineer.
E. 
Public sidewalks shall be constructed in accordance with federal specifications for handicapped accessibility.
A. 
Streetlighting shall be provided for all nonresidential developments, multifamily residential developments, and single-family residential developments requiring either the construction of new streets or the extension of existing streets.
B. 
Streetlights shall be provided at all intersections of streets and at the access drives of all nonresidential developments.
C. 
Lights shall be provided in parking areas, along sidewalks, and between buildings as needed for public safety and convenience.
D. 
The placement, height, and shielding of lighting standards shall provide adequate lighting without hazard to drivers or nuisance to nearby residents. No spillover of light onto adjoining properties from required light standards shall be permitted.
E. 
The quantity, location, style, and shielding of light standards shall be appropriate to the use, the development, and the Borough, and shall be subject to the recommendation of the Municipal Engineer.
A. 
The applicant or developer may choose his/her street names subject to the review of the county, the Borough, the post office, and the 911 system. No street other than an extension may be given a name identical or similar to another street in the Borough or nearby areas.
B. 
Street name signs shall be provided at all new street intersections.
C. 
Street name signs shall be installed under street lights and shall be free of all visual obstructions.
D. 
The design of street name signs shall be consistent, uniform, and appropriate to the Borough and the development and shall be acceptable to the Municipal Engineer.
A. 
Purpose. Parks and recreation provide open space for conservation of environmentally sensitive features and for active and passive recreational needs. The purpose of this section is to provide for the park and recreation needs of new residential development. These requirements are intended primarily for recreation rather than environmental protection purposes; however, it is not the intent to prohibit parks or recreation facilities in environmentally sensitive areas if compatible with the primary recreation goals of this section.
B. 
Amount of land required. Residential land developments which will contain 10 or more dwelling units shall provide open space for recreation purposes at a rate ranging from 6.25 acres to 10.50 acres per 1,000 estimated population, which is equal to approximately 270 to 350 square feet per person. This standard is based upon recommendations of the National Recreation and Park Association for local recreation space within neighborhoods and communities and may be adapted to reflect specific recommendations of a municipal park and recreation plan, existing facilities near the development site, and the character and suitability of land within the site for park and recreation purposes.
C. 
Characteristics. Land proposed to be dedicated or reserved for park and recreation purposes shall meet the following standards:
(1) 
Minimum size. Recreation and open space sites shall be of sufficient size for the recreation uses that are identified in the Wilkinsburg Borough Comprehensive Recreation, Park and Open Space Plan.
(2) 
Slope. At least 1/2 of any land area proposed for park and recreation purposes shall have a slope of less than 25% and shall be appropriate for active recreation uses. Steep slopes, exceeding 25%, may be accepted if they are suitable for passive recreation. Any steep slopes proposed for park and recreation purposes shall be undisturbed, not graded slopes.
(3) 
Accessibility and usability. Land proposed for dedication shall be usable and accessible to the development for which it is required and to the general public for active or passive recreation activities.
D. 
Ownership. Open space required to be dedicated under this section shall be either:
(1) 
Dedicated in fee simple to the municipality, subject to acceptance by the municipality; or
(2) 
Deeded in fee simple or by means of a conservation easement or similar conveyance to a nonprofit conservation organization, permanently restricting the open space for recreational use by the public and allowing the public to use and improve the land for open space or recreational purposes.
E. 
Reservation of land, construction of recreational facilities or fee in lieu of dedication. In lieu of dedicating land, a developer may voluntarily agree to construct recreational facilities, reserve private land as common open space, pay a fee in lieu of land dedication, or combination thereof, in accordance with the standards of this section.
(1) 
Reservation of private open space.
(a) 
Dimensions and character. The amount, dimensions, and character of the reserved open space shall meet the standards for dedicated open space, as set forth in § 299-35B and C above.
(b) 
Accessibility. Private open space shall consist of land or water within the site, designated and intended for the use or enjoyment of residents of the development.
(c) 
Ownership. Private land reserved as open space shall be permanently restricted to recreational use and shall be deeded to a property owners' association or to a nonprofit conservation organization, with authority to own and maintain the land. Provisions for use, ownership, and maintenance shall be acceptable to the Borough.
(2) 
Construction of recreational facilities.
(a) 
Character of facilities. A developer may construct any facilities identified in the Wilkinsburg Borough Comprehensive Recreation, Park and Open Space Plan.
(b) 
Accessibility. Recreation facilities shall be accessible to residents of the development and other members of the general public.
(c) 
Ownership. Recreational facilities constructed under this section shall be publicly owned and maintained.
(3) 
Fees in lieu of land dedication.
(a) 
Amount. The amount of the fee in lieu of required open space shall be equal to the predevelopment fair market value of the land area required to be dedicated and shall be calculated as follows:
Fee = (number of acres required to be dedicated) x (average predevelopment fair market value, per acre of land in development site).
(b) 
Timing of payment. All fees in lieu of required open space shall be paid prior to final approval of the land development plan unless financial security is provided in accordance with this chapter.
(c) 
Earmarking. Fees authorized by this subsection shall, upon receipt by the Borough, be deposited in an interest-bearing account, clearly identifying the land or recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account.
(d) 
Use of funds. Funds from such accounts shall be expended only for the acquisition of land or the construction of recreational facilities identified in the Wilkinsburg Borough Comprehensive Recreation, Park and Open Space Plan which are accessible to the residents and users of the proposed land development.
(e) 
Refunds. If the municipality fails to utilize the fee paid for the park and recreation purposes within three years of the date such fee was paid, the Borough shall refund any fees paid, with interest, to any person who paid any fee under his section who requests a refund.
A. 
Purpose. Major nonresidential land uses, such as office buildings and shopping centers, require open spaces to ensure the health, safety and welfare of large numbers of employees and patrons. Outdoor plazas and landscaped open spaces provide safe, pleasant environments for taking breaks, reduce the need to drive to other locations for this purpose, provide a buffer from noise, glare and other adverse affects of high density development and increase the attractiveness of new development. The purpose of these standards is to ameliorate the congestion and other adverse impacts on employees, visitors, and patrons of major nonresidential developments.
B. 
Applicability. These standards shall apply to any nonresidential land development which will include at least 25,000 square feet of gross leasable floor area devoted to retail, office, commercial, institutional, public, or industrial use.
C. 
Open space requirements. In all land development which is subject to the requirements of this section, land shall be set aside which is equal to at least 5% of the gross leasable floor area of the development as open space. Such open space shall not include driveways, parking or loading areas or refuse or storage areas.
D. 
Design criteria. Open space areas shall satisfy all of the following criteria:
(1) 
Open areas shall be open to public use for walking, seating and eating.
(2) 
Open areas shall be landscaped or covered with decorative surface treatment. Natural ground cover, such as grass, shrubs, flower beds, or mulch are encouraged; however, impervious ground cover may be used, provided that:
(a) 
Deciduous canopy trees having a diameter at breast height of at least 2 1/2 inches are planted;
(b) 
At least one such tree is planted for every 500 square feet of open area; and
(c) 
Tree roots are protected by tree grates or, if tree grates are not possible or practicable, by above-grade planters.
(3) 
Fountains, art or sculpture, seating, protected walkways, linkages to transit or trail systems, bus shelters, streetlights, or other streetscape improvements may be installed in lieu of required landscaping with the approval of the Borough.
(4) 
All utilities shall be installed underground.
(5) 
Open spaces and improvements to open spaces shall be depicted on the site plan or landscaping plan which shall be submitted with the application for land development approval.
E. 
Maintenance agreement. A maintenance agreement for any improvements required under this section shall be submitted by the applicant and approved by the Borough.
A. 
Purpose. The purposes of this section are:
(1) 
To manage and control stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed stormwater management plans adopted pursuant to the Pennsylvania Stormwater Management Act (Act 167 of 1978, as amended).
(2) 
To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.
(3) 
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
(4) 
To provide for adequate maintenance of all permanent stormwater management structures in the municipality.
B. 
Applicability. The provisions of this section shall apply to all the land development activity within the Borough of Wilkinsburg.
C. 
Disclaimer of liability.
(1) 
Neither the granting of any approval under the stormwater management provisions of this section nor the compliance with the provisions of this section or with any condition imposed by a municipal official hereunder shall relieve any person from any responsibility for damage to persons or property resulting therefrom or as otherwise imposed by law, nor impose any liability upon the municipality for damages to persons or property.
(2) 
The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guaranty or warranty of any kind by the municipality or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon cause of action against such public body, official or employee for any damage that my result pursuant thereto.
D. 
Stormwater management performance districts.
(1) 
For purposes of stormwater management, the Borough of Wilkinsburg is divided into the following stormwater management districts:
(a) 
Monongahela Watershed: discharge via Nine Mile Run.
(b) 
Turtle Creek Watershed:
[1] 
Subarea 1: Fall Run Watershed.
[2] 
Subarea 2: Thompson Run Watershed.
(2) 
One or more of these districts may be further subdivided into subareas which have similar hydrological characteristics and drain to a common point.
(3) 
The location and boundaries of the watershed(s) and subareas are shown on the Borough of Wilkinsburg Stormwater Management District Map, which is hereby adopted as a part of this section. A copy of this map is included as Appendix B herein and made a part of this section.[2]
[2]
Editor's Note: Appendix B is on file in the Borough offices.
E. 
General performance standards.
(1) 
The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout the Borough of Wilkinsburg:
(a) 
Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
[1] 
To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; or
[2] 
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
(2) 
The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.
(3) 
No discharge of toxic materials shall be permitted into any stormwater management system.
F. 
Watershed standards: Turtle Creek Stormwater Management District.
(1) 
The stormwater performance standards contained in this subsection are intended to implement the standards and criteria contained in the Turtle Creek Stormwater Management Plan, adopted and approved in accordance with the Pennsylvania Stormwater Management Act. If there is any discrepancy between the provisions of this subsection and the standards and criteria of the plan or if the watershed plan is subsequently amended, then the standards/criteria of the current watershed plan shall govern.
(2) 
Storm frequencies.
(a) 
Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five- and one-hundred-year storm frequencies. The SCS twenty-four-hour Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre- and post-development conditions. The twenty-four-hour total rainfall for these storm frequencies in the watershed are:
Storm Frequency
Rainfall Depth
(inches)
2-year
2.50
10-year
3.61
25-year
4.31
100-year
5.71
(b) 
For additional information or data on other storm return periods, consult the Rainfall Duration Frequency Tables for Pennsylvania, produced by Pennsylvania DER, Office of Resource Management, Bureau of Dams and Waterways Management, Division of Stormwater Management, Harrisburg, February 1983.
(3) 
Calculation methods.
(a) 
Development sites. For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: SCS publications, Technical Release (TR) 55 or 20, HEC I or Penn State Runoff Model.
(b) 
Stormwater collection/conveyance facilities. For the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above listed calculation methods or the Rational Method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.
(c) 
Predevelopment conditions. Predevelopment conditions shall be those that exist on the site before the land development application is submitted for approval, and prior to any disturbance of or improvements to the site. Hydrologic conditions for all areas with previous cover (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in "good" condition, and the lowest recommended SCS runoff curve number (CN) shall be applied for all previous land uses within the respective range for each land use and hydrologic soil group.
(d) 
Routing of hydrographs through detention/retention facilities for the purpose of designing those facilities shall be accomplished using the Modified-Puls Method or recognized reservoir routing method, subject to the approval of the municipality and county.
(4) 
Release rate percentage.
(a) 
Definition. The release rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land development or alterations within a subarea. The subareas are delineated on the Municipal Stormwater Management District Map.
(b) 
Procedure for use shall be as follows:
[1] 
Identify the specific subarea in which the development site is located from the watershed map and obtain the subarea release rate percentage.
[2] 
Compute the pre-and post-development runoff hydrographs for each stormwater outfall on the development site using an acceptable calculation method for the two-, ten-, twenty-five- and one-hundred-year storms. Apply no on-site detention for stormwater management, but include any techniques to minimize impervious surfaces and/or increase the time of concentration for stormwater runoff flowing from the development site. If the post-development peak runoff rate and the runoff volume are less than or equal to the predevelopment peak runoff rate and volume, then additional stormwater control shall not be required at that outfall. If the post-development peak runoff rate and volume are greater than the predevelopment peak runoff rate and volume, then stormwater detention will be required, and the capacity of the detention facility must be calculated in the manner prescribed below.
[3] 
Multiply the subarea release rate percentage by the predevelopment rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the four prescribed storm events.
[4] 
Design the outlet control facilities and size the volume of the detention facility using the calculated post-development hydrograph and accepted hydrograph routing procedures in consideration of the maximum allowable release rate.
(5) 
No-harm evaluation.
(a) 
An applicant may seek to exceed the otherwise applicable subarea release rate percentage by performing the no-harm evaluation. This evaluation requires an independent engineering analysis to demonstrate that other reasonable options exist to prevent the occurrence of increased stormwater runoff discharge rates and/or velocities or that measures can be provided to prevent increased stormwater discharge rates and/or velocities from increasing flood elevations and accelerating erosion at all downstream points in the watershed.
(b) 
A no-harm evaluation will be considered only in instances where the discharge to a stream channel from the development occurs directly to the Monongahela River, channelized portion of Turtle Creek or through a properly sized and designed regional stormwater detention facility.
(c) 
The analysis for the no-harm evaluation shall be submitted to the municipality and Allegheny County Department of Economic Development for review and approval.
(d) 
A no-harm evaluation shall be prepared by a registered engineer who is experienced in hydrology and hydraulics. The no-harm evaluation shall be completed using the following procedure. The Penn State Runoff Model (PSRM) is the hydrologic model required in this procedure. Use of this model would produce results from a no-harm evaluation analysis that could be compared to the results of the watershed study.
[1] 
Develop the runoff hydrograph(s) for the design storms of the site and areas tributary to it using the PSRM and the Turtle Creek.
[2] 
Develop the runoff hydrograph(s) for the proposed site using the PSRM. If no management or controls are proposed, this would be equivalent to the runoff hydrograph under post-development conditions. If some management or controls are proposed, then the runoff hydrograph under post-development conditions would be modified to reflect their effect on the rate, volume and timing of discharges.
[3] 
Subtract the runoff hydrograph ordinates under predevelopment conditions [Subsection F(5)(d)(1)] from the discharge hydrograph ordinates {Subsection F(5)(d)[2]}, maintaining the time scales of both hydrographs for one-to-one correspondence.
[4] 
Obtain the PSRM for existing conditions for the Turtle Creek Watershed from the county.
[5] 
Locate the subbasin(s) in which the proposed development is located and into which the discharge hydrograph enters. If more than one subbasin receives this incremental flow, divide the flow accordingly.
[6] 
Add the incremental increase computed in Subsection F(5)(d)[3] to the runoff hydrograph for the subbasin(s) identified in Subsection F(5)(d)[5].
[7] 
Route the adjusted runoff hydrograph through the Turtle Creek Watershed PSRM and note any increase in peak flows which would occur in downstream subbasins. If no increase is noted, then no-harm has been demonstrated. If no increase is observed in peak flows, the increased potential for erosion and/or sedimentation in downstream channels resulting from any change in the flood hydrograph predicted by the model shall be evaluated. If no increased potential can be demonstrated by appropriate technical means, then the no-harm exemption may be requested.
[8] 
If an increase of peak flow is observed in any of the downstream subbasins or increased potential for erosion and/or sedimentation is indicated, the no-harm exemption shall not be granted.
[1]
Editor's Note: See also Ch. 224, Stormwater Management.