[HISTORY: Adopted by the City Council of the City of New Kensington:
Art. I, 11-16-1977 as Ord. No. 11-77 (Part 9, Art. 939 of the 1977 Code);
Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Amendments noted where applicable.]
[Adopted 11-16-1977 as Ord.
No. 11-77 (Part 9, Art. 939 of the 1977 Code)]
On and after the effective date of these rules and regulations, it shall
be unlawful to permit the discharge of stormwaters, i.e., roof drains, foundation
drains, area drains or other sources of surface water or groundwater, from
all buildings and/or premises in the City of New Kensington other than in
accordance with the provisions hereinafter set forth. Hereinafter, "stormwaters"
shall be defined to include roof drains, foundation drains, area drains or
other sources of surface waters or groundwaters.
Every premises or building within the City of New Kensington shall be
separately and independently connected with a public storm sewer where there
is such sewer adjoining the lot or parcel of land on which such building stands.
Every premises or building within the City of New Kensington shall be
separately and independently connected with a public storm sewer or natural
waterway where there is such a sewer or natural waterway available to the
premises or building. The availability shall be determined by the City Engineer,
who shall take into consideration the distance from said storm sewer or natural
waterway to said premises or building, the topography and flows and the economic
burden imposed upon the property owner. The City Engineer's decision shall
be final unless an appeal is made by the aggrieved party to the Code Hearing
Board of the City of New Kensington within 10 days of receipt of notice from
the City Engineer.
No permit shall be issued for the construction of any building in the
city on any lot or any parcel of land where there is a storm sewer adjoining
or available to such lot or parcel of land unless the plans and specifications
show connections in compliance with this Article or unless said plans and
specifications show some means of discharging stormwaters satisfactory to
said City Engineer, whose decision shall be final unless an appeal is made
by the aggrieved party to the Code Hearing Board of the City of New Kensington
within 10 days of receipt of notice from the City Engineer.
Upon the construction of a storm sewer adjacent to or available to a
building in existence prior to the construction of said storm sewer, the property
owner shall submit plans for the discharge of stormwaters into such storm
sewers to the City Engineer for approval within 30 days of the completion
of such construction, and connection shall be made to said storm sewer within
90 days of the completion of such storm sewer construction. The City Engineer's
decision shall be final unless an appeal is made by the aggrieved party to
the Code Hearing Board of the City of New Kensington within 10 days of receipt
of notice from the City Engineer.
No stormwaters shall be discharged into the sewage collection system
of the City of New Kensington or the Municipal Sanitary Authority of the City
of New Kensington.
No stormwaters shall be discharged in concentrated flow upon, over or
through the premises of any adjacent property owner without first obtaining
the written, recordable permission of said adjacent property owner and the
approval of the City Engineer.
No stormwaters shall be discharged in concentrated flow upon, over or
through the sidewalks open to the general public if in so doing an icy, dangerous
or otherwise hazardous condition is created or damage done to said sidewalk
or the premises of an adjacent property owner.
All buildings, parts of buildings and structures of any nature shall
be provided with a stormwater disposal system for conducting stormwater from
such premises to a storm sewer or other means of disposal approved by the
City Engineer, whose decision shall be final unless an appeal is made by the
aggrieved party to the Code Hearing Board of the City of New Kensington within
10 days of receipt of notice from the City Engineer.
In no event, with or without the approval of the City Engineer, shall
such stormwaters be discharged in such a manner that the walls or foundations
of any adjacent or nearby property owners or the land of any adjacent or nearby
property owners suffers any damage, and, if any damage so results, it is and
shall remain the sole liability of the property owner discharging said stormwaters,
and appropriate remedial action shall be taken immediately.
[Amended 11-8-1985 by Ord.
No. 3-85]
A.
All stormwater drains from all buildings, parts of buildings and structures of any nature shall be subject to the present and future inspection and reinspections of the City Engineer and/or his duly designated assistants or aides, and such persons may enter upon any premises within the City of New Kensington to conduct such inspections, and, if so denied by the property owner, the property owner shall be presumed to be in violation of this Article and shall have 30 days to submit a plan showing the disposal of all storm- and surface waters, duly certified by a registered engineer licensed by the Commonwealth of Pennsylvania, for approval by the City Engineer. Upon failure to do so or upon failure to obtain the approval of the City Engineer because of noncompliance with the requirements set forth in this Article, the property owner, tenant or occupant found in violation shall be subject to the provisions of § 178-18 of this Article.
B.
If any property owner, tenant or occupant has previously done corrective work in order to comply with the provisions of this Article and then by act or omission again fails to comply with the provisions of this Article, such persons, person, firm, entity or corporation shall be deemed guilty of a summary offense and shall not be granted the procedural provisions of § 178-16 of this Article but shall be immediately subject to the provisions of § 178-18 of this Article.
C.
The City Engineer's decision shall be final unless appeal
is made by the aggrieved party to the Code Hearing Board of the City of New
Kensington within 10 days of receipt of notice from the City Engineer.
It shall be unlawful to occupy and/or use any building or structure
of any nature in violation of this Article or any of the provisions of this
Article, and any violations beyond 30 days shall constitute an additional
and separate violation for each day of use or occupancy beyond said 30 days,
provided that the City Engineer may give written permission for such occupancy
to continue beyond 30 days if the property owner submits plans within said
period of 30 days and the same are approved by the City Engineer and the corrective
work begins forthwith and is completed within 90 days.
Any property owner, tenant or occupant found violating any provision
of this Article shall be served with written notice stating the nature of
such violation. Whereupon, the violator shall have 30 days to submit a plan
to and have it approved by the City Engineer, and, upon approval, the violator
shall have 90 days from the date of such approval within which to do the corrective
work indicated by such plan. If immediate damage or injury to person or property
is resulting, then immediate remedial action shall be taken by the property
owner and diligently pursued until the work is completed. The City Engineer's
approval or disapproval of said plan and corrective work shall be final unless
an appeal is made by the aggrieved party to the Code Hearing Board of the
City of New Kensington within 10 days of receipt of notice from the City Engineer,
and further provided that such notice of any violation or appeal shall not
act to stay any hearing on the summary offense or offenses otherwise provided
for by the within Article.
If any person, firm, entity or corporation so desires, appeal may be made to the Code Hearing Board of the City of New Kensington to grant relief from the provisions of this Article, provided that such appeal is duly filed within five days of the receipt of written notice setting forth the violations, as provided in § 178-13 above, and further provided that such appeal shall not act to stay any hearing on the summary offense or offenses otherwise provided for by the within Article.
If no storm sewer is adjacent or available, it shall be permitted to
drain stormwater to the street curb or a natural waterway after submission
of a plan to and approval by the City Engineer as provided herein, but if
a storm sewer becomes adjacent or available in the future, it shall remain
the obligation of the property owner to interconnect with said storm sewer.
[Amended 10-10-2000 by Ord.
No. 4-00]
If not otherwise provided herein, the following procedure shall be observed:
A.
The property owner, tenant or occupant shall be placed
on notice, in writing, by the New Kensington Municipal Sanitary Authority
of any violation of the within article, and the person, persons, firm, entity
or corporation so placed on notice shall remain primarily responsible.
B.
The notified party shall submit a plan for approval to
the New Kensington Municipal Sanitary Authority within 30 days of receipt
of said notice, and, if any resubmission of said plan is required, the same
must be approved within the same thirty-day period. The New Kensington Municipal
Sanitary Authority's failure to act and respond within seven days shall extend
said thirty-day period by the same number of days beyond seven during which
the New Kensington Municipal Sanitary Authority has failed to act and respond.
C.
Upon receipt of approval by the New Kensington Municipal
Sanitary Authority, a period of 90 days from the date of receipt of such approval
shall be allowed, within which period the corrective work shall be completed.
D.
The New Kensington Municipal Sanitary Authority's approval
or disapproval of said plan and corrective work shall be final unless an appeal
is made by the aggrieved party to the Code Hearing Board of the City of New
Kensington within 10 days of receipt of notice from the New Kensington Municipal
Sanitary Authority as to his decision.
This article shall be supplemental to and not in derogation of existing
ordinances.
[Amended 12-20-1994 by Ord.
No. 2-94]
Any person, firm, entity or corporation violating this Article shall
be deemed guilty of a summary offense and, for any violations continuing beyond
the time limits provided herein, shall be deemed guilty of an additional offense
or offenses and, upon conviction thereof, shall be fined in an amount not
to exceed $300 for each violation and $600 for each additional violation,
and further provided that any appeal to the Code Hearing Board of the City
of New Kensington shall not act to stay any hearing on the summary offense
or offenses otherwise provided for by the within Article. In the event of
any conflict with other provisions herein, this section shall prevail.
[Adopted 12-20-1994 by Ord.
No. 2-94]
This Article is adopted and implemented to achieve the following general
purposes and objectives:
A.
To manage stormwater runoff resulting from land alteration
and disturbance activities in accordance with the watershed stormwater management
plans adopted by Westmoreland County as required by the Pennsylvania Stormwater
Management Act (Act 167 of 1978, as amended).[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
B.
To utilize and preserve the desirable existing natural
drainage systems and to preserve the flood-carrying capacity of streams.
C.
To encourage natural infiltration of rainfall to preserve
groundwater supplies and stream flows.
D.
To provide for adequate maintenance of all permanent
stormwater management structures in the municipality.
The provisions of this Article shall apply to all developments, improvements,
subdivisions, land developments and environmental disturbances unless specifically
exempted or otherwise modified herein.
For the purposes of this article, 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).
A landowner or developer, as defined by this Article, who has filed
an application for a land development or for a development, including his/her
heirs, successors and assigns.
A natural stream that conveys water; a ditch or open channel excavated
for the flow of water.
Points where watercourses join together.
The Westmoreland County Conservation District.
The County of Westmoreland, Pennsylvania.
A pipe, conduit or similar structure, including appurtenant works,
which carries a stream under or through an embankment or fill.
Any artificial barrier, together with its appurtenant works, constructed
for the purpose of impounding or storing water or a structure for highway,
railroad or other purposes which may impound water.
The magnitude of precipitation from a storm event measured in probability
of frequency of occurrence (e.g., fifty-year storm) and duration (e.g., 24
hours) and used in computing stormwater management control systems.
The slowing, dampening or attenuating of runoff flow entering the
natural drainage pattern or storm drainage system by temporarily holding water
on a surface area, such as detention basins, reservoirs, on rooftops, in streets,
parking lots or within the drainage system itself, and releasing the water
at a desired rate of discharge.
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.
Any landowner, agent of such landowner or tenant with the permission
of such landowner who makes or causes to be made a subdivision, land development
or development.
Any activity, construction, alteration, change in land use or similar
action that affects stormwater runoff characteristics.
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) or cubic meters per second (cms).
A point of hydraulic concern, such as a bridge, culvert or channel
section, for which the rate of runoff is computed.
Interception and removal of excess surface water or groundwater from
land by artificial or natural means.
The contributing area to a single drainage basin, expressed in acres,
square miles or other units of area, also called a "catchment area" or "river
basin"; the area served by a drainage system or by a watercourse receiving
storm- and surface water.
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.
A professional engineer duly appointed as the engineer for the City
of New Kensington.
The wearing away of the land surface by running water, wind, ice
or other geological agents, including such process as gravitational creep.
Any act by which soil or rock is cut into, dug, quarried, uncovered,
removed, displaced or relocated, and shall include the conditions resulting
therefrom.
A normally dry land area adjacent to stream channels that is susceptible
to being inundated by overbank stream flows. For regulatory purposes, the
Flood Plain Management Act (Act of October 4, 1978, P.L. 851, No. 166)[1] and regulations pursuant to the Act define the "floodplain" as
the area inundated by a one-hundred-year flood and delineated on a map prepared
by the Federal Emergency Management Agency (FEMA).
The branch of engineering 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, for a given point on a stream or for a given point
in any drainage system, the discharge, stage, velocity or other property of
water in respect to time.
The science dealing with the waters of the earth and their distribution
and circulation through the atmosphere. Engineering hydrology deals with the
application of hydrologic concepts to the design of projects for use and control
of water.
Material which resists the entrance or passing through of water or
other liquids.
As defined by the Municipalities Planning Code, 53 P.S. § 10107(a).
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.
The City of New Kensington, Westmoreland County, Pennsylvania.
Any structure or assembly of materials, including fill, above or
below the surface of land or water; any activity which might impede, retard
or change flood flows; an encroachment.
Points or areas at which stormwater runoff leaves a site, which may
include streams, storm sewers, swales or other well-defined natural or artificial
drainage features, as well as areas of dispersed overland flows.
A structure designed to control the volume of stormwater runoff that
passes through it during a specific length of time.
Pennsylvania Department of Environmental Resources.
The maximum rate of flow of water at a given point and time resulting
from a predetermined storm.
A standard which establishes an end result of outcome which is to
be achieved but does not prescribe specific means for achieving it. The release-rate
percentage is an example of a "performance standard."
Material which permits the passage or entrance of water or other
liquid.
A point of hydrological and hydraulic importance used for computing
a release-rate percentage. These may include points of stream confluences,
an existing obstruction or problem area or other similar points.
Instantaneous measurement of water flow expressed in 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).
An engineer licensed in the Commonwealth of Pennsylvania.
Soil Conservation Service, United States Department of Agriculture.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of 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 wind, water or gravity.
A barrier or dam built at a suitable location to retain rock, sand,
gravel, silt or other material.
Any subdivision, development or land development which results, or
will result when fully constructed, in the creation of 3,000 square feet or
less of impervious surface area.
A method of runoff computation developed by the United States Soil
Conservation Service and found in its publication Urban Hydrology for Small
Watersheds, Technical Release No. 55, SCS, January 1975 (or most current edition).
A standard which prescribes the exact characteristics to be used,
leaving little choice to the applicant. The design standards for storm sewers
are "specification standards."
See "detention basin."
A sewer that carries intercepted surface runoff, street water and
other wash waters or drainage, but excludes domestic sewage and industrial
wastes.
Flow from a storm sewer that is discharged into a receiving stream.
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 appurtenant features, canals,
channels, ditches, streams, culverts, streets and pumping stations.
The plan for managing stormwater runoff from a specific development
site.
A watercourse.
A low-lying stretch of land which gathers or carries surface water
runoff.
The time period necessary for surface runoff to reach the outlet
of a subarea from the hydraulically most remote point in the tributary drainage
area.
Quantity of water normally measured in inches, cubic feet or acre-feet,
measured or determined analytically from runoff coefficients; rainfall/runoff
ratios; and areas underneath hydrographs.
Any channel of conveyance of surface water having a defined bed and
banks, whether natural or artificial, with perennial or intermittent flow.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
General requirements. No final subdivision or land development
plan shall be approved, no permit authorizing construction issued or any earthmoving
or land disturbance activity initiated until the final stormwater management
plan for the development site is approved in accordance with the provisions
of this Article. This requirement shall not apply to municipal sewer, water,
gas, electric or public utility company excavations for the maintenance, repair
or installation of service lines or rights-of-way.
B.
Exemption for small developments.
(1)
At the time of application, the city shall determine
if the development, environmental disturbance, subdivision or land development
qualifies as a small development and, therefore, is eligible for a simplified
stormwater plan submission
(2)
A small development shall be exempt from the preparation of a stormwater management plan as specified by Subsections C and D of this section. However, such developments shall provide safe management of stormwater runoff in accordance with the performance standard of § 178-26 and as approved by the City Engineer.
(3)
Applications for small developments shall include a plan
which describes, narratively and graphically, the type and location of proposed
on-site stormwater management techniques or the proposed connection to an
existing storm sewer system. The plan should show accurately site boundaries,
five-foot interval contours and any watercourses, floodplains or existing
drainage facilities or structures located on the site. The plan must be prepared
by a registered professional engineer.
(4)
The City Engineer shall review and approve the proposed
provisions for stormwater management for a small development. Where the applicant
is proposing to connect to an existing storm sewer, the developer's engineer
shall determine that sufficient capacity exists in the storm sewer from the
point of connection to the point of outlet in the natural drainage system.
The engineer shall also determine if the proposed development site is part
of a larger parcel or tract for which a stormwater management plan was approved
previously and, therefore, subject to any specific stormwater management control
contained in the prior plan.
(5)
For a parcel or tract of land under single ownership,
only one application for a small development, as defined above, shall be permitted
before requiring a stormwater management plan for the entire parcel.
C.
Contents of preliminary subdivision/development/land
development plan submission.
(1)
General format. The stormwater plan shall contain the
following information:
(a)
Floodplain boundaries. Identify one-hundred-year floodplains
on the development site (as appropriate) based on the Municipal Flood Insurance
Study Maps.
(b)
Natural features. Show all bodies of water (natural and
artificial), watercourses (permanent and intermittent), swales, wetlands and
other natural drainage courses on the development site or which will be affected
by runoff from the development.
(c)
Soils. Provide an overlay showing soils types and boundaries
within the development site (consult county, SCS and United States Geologic
Survey for information).
(d)
Contours. Show existing and final contours at intervals
of two feet. In areas with slopes greater than 15%, five-foot contour intervals
may be used.
(e)
Stormwater management controls. Show any and all existing
stormwater management or drainage controls and/or structures, such as sanitary
and storm sewers, swales, culverts, etc., which are located on the development
site or which are located off site but will be affected by runoff from the
development.
(2)
Professional certification. The stormwater management
plan (including all calculations) must be prepared and sealed by a registered
professional engineer with training and expertise in hydrology and hydraulics.
Documentation of qualifications may be required by the city.
(3)
Runoff calculations. Calculations for determining pre- and postdevelopment discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the method and data prescribed by § 178-26.
(4)
Stormwater controls.
(a)
All proposed stormwater runoff control measures must
be shown on the plan, including methods for collecting, conveying and storing
stormwater runoff on site which are to be used both during and after construction.
(b)
If the development is to be constructed in stages, the
applicant must demonstrate that stormwater facilities will be installed to
manage stormwater runoff safely during each stage of development.
(5)
Easements, rights-of-way and deed restrictions. All existing
and proposed easements and rights-of-way for drainage and/or access to stormwater
control facilities shall be shown and the proposed owner identified. Any areas
subject to special deed restrictions relative to or affecting stormwater management
on the development site must be shown.
(6)
Other permits/approvals. A list of any approvals/permits
relative to stormwater management that will be required from other governmental
agencies (e.g., an obstructions permit from PaDER) and anticipated dates of
submission/receipt should be included with the preliminary plan submission.
Copies of applications may be required by the city where they may be helpful
for the stormwater plan review.
(7)
Maintenance program. The preliminary application shall
contain a proposed maintenance plan for all stormwater control facilities,
in accordance with the following:
(a)
Identify the proposed ownership entity (e.g., city, property
owner, a homeowners' association or other management entity).
(b)
Include a maintenance program for all facilities, outlining
the type of maintenance activities, probable frequencies, personnel and equipment
requirements and estimated annual maintenance costs. The maintenance program
shall include specific requirements for during construction and for after
construction.
(c)
Identify method of financing continuing operation and
maintenance if facility is to be owned by other than the city or other governmental
agency.
D.
Contents of final subdivision/development/land development
plan submission. The final plan submission shall contain the following:
(1)
All information pertaining to stormwater management from
the preliminary plan along with any changes.
(2)
Final plan maps and drawings showing the exact nature
and location of all temporary and permanent stormwater management controls
along with design and construction specifications.
(3)
A schedule for the installation of all temporary and
permanent stormwater control measures and devices.
(4)
An accurate survey showing all current and proposed easements
and rights-of-way and copies of all proposed deed restrictions.
(5)
A maintenance program establishing ownership and maintenance responsibilities for all stormwater control facilities (identify specific person or entity) and detailing financial requirements and sources of funding. Applicant shall submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as specified by § 178-28B.
(6)
Financial guaranties to ensure that all stormwater controls
will be installed properly and function satisfactorily.
A.
Preapplication phase.
(1)
Prior to submitting the preliminary subdivision/development/land
development plan, applicants are urged to consult with the city, the Westmoreland
County Planning Department and the County Conservation District on the requirements
for safely managing stormwater runoff from the development site in a manner
consistent with the city ordinances. These agencies may be helpful in providing
the data that is necessary for preparing the stormwater management plan.
(2)
Applicants are encouraged to submit a sketch plan with
a narrative description of the proposed stormwater management controls for
general guidance and discussion with city and other agencies.
(3)
While strongly recommended, the preapplication phase
is not mandatory, and any review comments provided by the city or other agencies
are advisory only and do not constitute any legally binding action on the
part of the city or any county agency.
B.
Preliminary and final stormwater plan reviews.
(1)
Preliminary and final plans required. Stormwater management plans, in accordance with the requirements of § 178-22D, will be submitted with the preliminary and final subdivision or land development plan application.
(2)
Review by City Engineer and Conservation District. Preliminary
and final plans will be reviewed by the City Engineer and County Conservation
District. At its discretion, the city may also engage other specialists in
hydrology or hydraulics to assist with the stormwater plan review. The developer
will be expected to pay any review fees charged by the WCCD.
(3)
Notification of affected municipalities. The city shall
notify municipalities upstream and downstream of the development site which
may be affected by the stormwater runoff and proposed management system for
the site when both the preliminary and final plan applications are submitted.
Copies of the plans will be made available to the municipalities upon request.
Comments received from any affected municipality will be considered by the
City Engineer and will be submitted with the Engineer's report to the Planning
Commission and governing body.
(4)
City Engineer's review. The City Engineer shall approve
or disapprove the preliminary and final stormwater management plan based on
the requirements of the city ordinances, the review by the Westmoreland County
Planning Department and good engineering practice. The Engineer shall submit
a written report, along with supporting documentation, to the City Planning
Commission for its consideration as part of the overall subdivision or land
development plan review.
(5)
Status of the Engineer's determination. The approval/disapproval
of the site's stormwater management plan by the City Engineer shall be considered
final. The City Planning Commission or governing body shall not reverse the
Engineer's determination by approving or disapproving the site's stormwater
management plan or any specific control measure in contradiction to the Engineer's
action. The Commission or governing body can request modifications or alternative
approaches to the stormwater management controls, provided that these are
agreed to by the City Engineer and the applicant's Engineer.
(6)
Approval of stormwater plan required for subdivision/development/land
development approval. No preliminary or final approval shall be granted for
the overall subdivision or land development application until a stormwater
management plan for the site has been approved.
(7)
Permits required from other governmental agencies. Where
the subdivision or land development application requires an obstruction or
erosion/sedimentation permit from PaDER, the final subdivision or land development
plan approval shall be conditional upon receipt of such permits. However,
no building permit shall be issued or construction started until the permits
are received and copies filed with the municipality.
(8)
Costs of review by Engineer and other specialists appointed
by the city. The costs of review of all stormwater plans by the City Engineer
and other specialists appointed by the city shall be paid by the applicant.
(9)
Filing fees. City Council may set a filing fee for stormwater
plans, which fee may be adjusted from time to time by resolution.
Upon final subdivision/development/land development plan approval, the applicant may commence to install or implement the approved stormwater management controls, subject to the provisions of §§ 178-22D(6) above. If site development or building construction does not begin within two years of the date of final approval of the subdivision or land development plan, then before doing so, the applicant shall resubmit the stormwater management plans to verify that no condition has changed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two years or more, then the same requirement for resubmission of the stormwater management plan shall apply.
Requests for modifications in the finally approved stormwater management
controls shall be submitted to the City Engineer as follows:
A.
If the request is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the procedures in § 178-23.
B.
If the request is initiated after construction is underway, the City Engineer shall have the authority to approve or disapprove the modification, based on field inspection, provided that the requested changes in stormwater controls do not result in any modifications to other approved city land use/development requirements (such as required building setbacks, yards, etc.) and that the performance standards in § 178-26 are met. Notification of the Engineer's action shall be sent to the Planning Commission and governing body. The governing body may issue stay of stormwater modification within five days and require the permittee to resubmit the plan modification for full stormwater plan review in accordance with the procedures in § 178-23.
The stormwater management plan shall be designed on the following basis:
A.
The maximum postdevelopment release rate shall be limited
to the predevelopment peak discharge for each design storm return period (i.e.,
a release-rate percentage of 100).
B.
Stormwater management design calculations shall be based
on the Rational Method for sites less than five acres or the Soil Conservation
Service TR-55 Method for sites greater than three acres. Sites between three
and five acres may use either method.
C.
The minimum storage capacity will be that volume required
by routing the postdevelopment twenty-five-year, twenty-four-hour storm released
at a rate not to exceed the predevelopment twenty-five-year, twenty-four-hour
storm.
(1)
For the Rational Method, storage shall be determined
by using the following formula:
|
S = (C - C )RA
POST PRE
| |
|
Where
|
S = Storage volume (cubic feet)
|
|
C = Runoff coefficient
| |
|
R = 25-year, 24-hour rainfall (feet)
| |
|
A = Development area (square feet)
|
(2)
For the SCS TR-55 Method, storage basin detention capacity
shall be calculated as described in the manual Urban Hydrology for Small Watersheds
or by computer programs using those methods.
D.
The design maximum runoff velocity for all storms less
than or equal to the twenty-five-year storm shall be three feet per second.
E.
Stormwater discharges may be retarded by temporary containment
devices, including but not limited to flat rooftops, curbed or depressed parking
areas, underground reservoirs and/or holding ponds on the property to be maintained
by the property owner. Discharge outlets must provide for complete dewatering
of the storage facility. Rip-rap, stilling basins and energy dissipators shall
be required to prevent erosion from discharge points.
F.
The developer shall secure, where necessary, any drainage
easements off the property to connect the stormwater management system with
an existing stream, recognized wet-weather stress or underground storm drainage
line. All line designs submitted must consider and be sized to pass discharges
through existing culverts and drainageways.
No erosion or sedimentation by water shall be permitted which will carry substances into the waters of the commonwealth, neighboring properties or public rights-of-way. The applicable requirements and standards set forth in Chapter 236, Zoning, shall act as the erosion and sedimentation controls and are incorporated herein by reference.
A.
Maintenance responsibilities.
(1)
The stormwater management plan for the development site must establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities. The proposed maintenance plan must be consistent with the general objectives set forth in § 178-22A of this Article.
(2)
City Council shall make the final determination on the
continuing maintenance responsibilities as part of the development application
review and reserves the right to accept the ownership and operating responsibility
of any or all of the stormwater management controls.
B.
Maintenance agreement for privately owned stormwater
facilities.
(1)
Prior to final approval of the site's stormwater management
plan, the property owner shall sign and record a maintenance agreement covering
all stormwater control facilities which are to be privately owned. The agreement
shall stipulate that:
(a)
The owner shall maintain all facilities in accordance
with the approved maintenance schedule and shall keep all facilities maintained
in a safe and attractive manner.
(b)
The owner shall grant to the city the right of access
for periodic inspections and any elective maintenance.
(c)
The owner shall keep on file with the city the name,
address and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted to
the city within 10 days of the change.
(d)
The owner shall establish any special maintenance funds
or other financing sources, in accordance with the approved maintenance plan.
(e)
The owner shall pay the amount due, if any, to any Special
Stormwater Facility Maintenance Fund hereinafter established.
(f)
If the owner fails to maintain the stormwater control
facilities, following due notice by the city to correct the problems, the
city, without waiving any other remedies, may perform the necessary maintenance
or corrective work. The owner shall reimburse the city for all costs, plus
10% to cover overhead.
(2)
Other items may be included in the agreement where determined
necessary to guarantee the satisfactory maintenance of all facilities. The
maintenance agreement shall be subject to the review and approval of the City
Solicitor.
A.
The City Engineer or a designated representative shall
inspect the construction of the temporary and permanent stormwater management
for the development site. The permittee shall notify the Engineer 48 hours
advance of the completion of the following key development phases:
(1)
Prior to starting any construction, but after all temporary
erosion and sedimentation controls have been installed.
(2)
At the completion of preliminary site preparation, including
stripping of vegetation, stockpiling of topsoil and construction of temporary
stormwater management and erosion control facilities.
(3)
At the completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements and ground
covers.
(4)
During construction of the permanent stormwater facilities
at such times as specified by the City Engineer.
(5)
Completion of permanent stormwater management facilities,
including established ground covers and plantings.
(6)
Completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the approved plan and
permit.
B.
No work shall commence on any subsequent phase until
the preceding one has been inspected and approved. If there are deficiencies
in any phase, the City Engineer shall issue a written description of the required
corrections and stipulate the time by which they must be made.
C.
If, during construction, the contractor or permittee
identifies any site conditions, such as subsurface soil conditions or alterations
in surface or subsurface drainage, which could affect the feasibility of the
approved stormwater facilities, he must notify the City Engineer within 24
hours of the discovery of such condition and request a field inspection. The
City Engineer shall determine if the condition requires a stormwater plan
modification.
D.
In cases where stormwater facilities are to be installed
in areas of landslide-prone soils or other special site conditions exist,
the city may require special precautions, such as soil tests and core borings,
full-time resident inspectors and/or similar measures. All costs of any such
measures shall be borne by the permittee.
Any person, firm or corporation who or which shall violate any of the
provisions of this Article shall, upon conviction thereof, be subject to a
penalty not exceeding $1,000, plus costs of prosecution, and, in default of
payment thereof, shall be sentenced to a term of imprisonment not to exceed
90 days. Each day of continued violation shall constitute a separate offense.
