[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-17-2008 by Ord. No. 6-2008[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Sacony Creek Watershed, adopted 3-10-1998 by Ord. No. 4-1998.
The Council of the Borough of Kutztown finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces groundwater recharge and threatens
public health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and streambanks thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources are also impacted through loss of recharge.
C.
A comprehensive program of stormwater management, including minimization
of impacts of development, redevelopment and activities causing accelerated
erosion, is fundamental to the public health, safety, welfare and
the protection of the people of the Borough of Kutztown and all the
people of the commonwealth, their resources and the environment.
D.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed poses a threat to surface
water and groundwater quality.
E.
Stormwater can be an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
F.
Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime, and sustain high water
quality, groundwater recharge, stream baseflow and aquatic ecosystems.
The most cost effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
G.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
I.
Non-stormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
A.
The purpose of this article is to promote health, safety and welfare within the Sacony Creek Watershed by minimizing the damages described in § 189-1A of this article through provisions designed to:
(1)
Promote alternative project designs and layout that minimizes impacts
to surface and ground water.
(2)
Promote
nonstructural BMPs.
(3)
Minimize increases in stormwater volume.
(4)
Minimize impervious surfaces.
(5)
Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
(6)
Utilize and preserve the existing natural drainage systems.
(7)
Manage stormwater impacts close to the runoff source, which requires
a minimum of structures and relies on natural processes.
(8)
Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and ground water quality and to
otherwise protect water resources.
(9)
Strive to maintain existing base flows and quality of streams and
watercourses in the Borough of Kutztown and the commonwealth.
(10)
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93.4a to protect and maintain existing
uses and maintain the level of water quality to support those uses
in all streams, and to protect and maintain water quality in special
protection streams.
(11)
Address the quality and quantity of stormwater discharges from
the development site.
(12)
Provide a mechanism to identify controls necessary to meet the
NPDES permit requirements.
(13)
Implement an illegal discharge detection and elimination program
to address non-stormwater discharges into the municipality's separate
storm sewer system.
(14)
Preserve and restore the flood-carrying capacity of streams.
(15)
Prevent scour and erosion of streambanks and streambeds.
(16)
Provide proper maintenance of all permanent stormwater management
facilities that are constructed in the Borough.
(17)
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
B.
NPDES requirements. Federal regulations approved October 1999 require
operators of small municipal separate storm sewer systems (MS4s) to
obtain NPDES Phase II permits from DEP by March 2003. (NPDES II is
an acronym for the National Pollutant Discharge Elimination System
Phase II Stormwater Permitting Regulations.) This program affects
all municipalities in urbanized areas of the state. This definition
applies to all Schuylkill River watershed municipalities identified
in Table III-1 of the Schuylkill River Stormwater Management Plan
Volume II as NPDES Phase II municipalities. Therefore, these identified
municipalities will be subject to the NPDES Phase II requirements
mandated by the Federal Clean Water Act as administered by the DEP.
For more information on NPDES II requirements, contact the DEP Regional
Office.
A.
Primary authority. The Borough is empowered to regulate land use
activities that affect runoff by the authority of the Act of October
4, 1978, 32 P.S. § 680.1 et seq., P.L. 864 (Act 167), as
amended and supplemented, being the Stormwater Management Act, and
by various ordinances and the Code of the Borough, including the Subdivision
and Land Development Regulations, the Floodplain Regulations, the
Sanitary Sewers Ordinance, the Storm Sewer Ordinance and the Wellhead
Protection Regulations, as amended and supplemented from time to time.[1]
B.
Secondary authority. The municipality also is empowered to regulate
land use activities that affect runoff by the authority of the Act
of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities
Planning Code, as amended.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this article.
Any ordinance or chapter of the Borough inconsistent with any
of the provisions of this article are hereby repealed to the extent
of the inconsistency only.
Should any section or provision of this article be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
article.
Approvals issued pursuant to this article do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act or
ordinance.
A.
For the purposes of this article, certain terms and words used herein
shall be interpreted as follows:
(1)
Words used in the present tense include the future tense; the singular
number includes the plural and the plural number includes the singular;
words of masculine gender include the feminine gender; and words of
feminine gender include the masculine gender.
(2)
The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
(3)
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
(4)
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
(5)
The words "used or occupied" include the words "intended, designed,
maintained or arranged to be used or occupied."
B.
ACCELERATED EROSION
AGRICULTURAL ACTIVITIES
ALTERATION
APPLICANT
AS-BUILT DRAWINGS
BANKFULL
BASE FLOW
BIORETENTION
BMP (BEST MANAGEMENT PRACTICE)
BOROUGH
BUFFER
CARBONATE BEDROCK (AREAS)
CHANNEL
CHANNEL EROSION
CISTERN
CONSERVATION DISTRICT
CULVERT
DAM
DEPARTMENT
DESIGNATED WATERSHED (ACT 167)
DESIGNEE
DESIGN PROFESSIONAL (QUALIFIED)
DESIGN STORM
DETENTION BASIN
DETENTION DISTRICT
DEVELOPER
DEVELOPMENT
DEVELOPMENT SITE
DIFFUSED DRAINAGE DISCHARGE
DISCHARGE
DISCHARGE POINT
DISTURBED AREAS
DITCH
DOWNSLOPE PROPERTY LINE
DRAINAGE CONVEYANCE FACILITY
DRAINAGE EASEMENT
DRAINAGE PERMIT
DRAINAGE PLAN
EARTH DISTURBANCE ACTIVITY
EMERGENCY SPILLWAY
ENCROACHMENT
EROSION
EROSION AND SEDIMENT POLLUTION CONTROL PLAN
EXCEPTIONAL VALUE WATERS
EXISTING CONDITIONS
FLOOD
FLOODPLAIN
FLOODWAY
FLUVIAL GEOMORPHOLOGY
FOREST MANAGEMENT/TIMBER OPERATIONS
FREEBOARD
GRADE
GRASSED WATERWAY
GROUNDWATER
GROUNDWATER RECHARGE
HEC-HMS
HIGH-QUALITY WATERS
HOTSPOTS
HYDROGRAPH
HYDROLOGIC REGIME (NATURAL)
HYDROLOGIC SOIL GROUP
IMPERVIOUS SURFACE
IMPOUNDMENT
INFILL
INFILTRATION
INFILTRATION STRUCTURES
INLET
LAND DEVELOPMENT
(1)
(2)
(3)
LAND DISTURBANCE
LIMITING ZONE
(1)
(2)
(3)
LOT
MAIN STEM (MAIN CHANNEL)
MANNING EQUATION (IN MANNING FORMULA)
MUNICIPAL ENGINEER
MUNICIPALITY
NATURAL HYDROLOGIC REGIME
NATURAL RECHARGE AREA
NONPOINT SOURCE POLLUTION
NON-STORMWATER DISCHARGES
NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPS)
NPDES
NRCS
OPEN CHANNEL
OUTFALL
OUTLET
PARENT TRACT
PARKING LOT STORAGE
PEAK DISCHARGE
PENN STATE RUNOFF MODEL (CALIBRATED)
PIPE
PLAN
PLANNING COMMISSION
POINT SOURCE
POST CONSTRUCTION
PREDEVELOPMENT
PRETREATMENT
PROBABLE MAXIMUM FLOOD (PMF)
PROJECT SITE
RATIONAL FORMULA
RECHARGE
RECORD DRAWINGS
REDEVELOPMENT
REGULATED ACTIVITIES
REGULATED EARTH DISTURBANCE ACTIVITY
RELEASE RATE
RETENTION BASIN
RETURN PERIOD
RISER
ROAD MAINTENANCE
ROOF DRAINS
ROOFTOP DETENTION
RUNOFF
SALDO
SEDIMENTATION
SEDIMENT BASIN
SEDIMENT POLLUTION
SEEPAGE PIT/SEEPAGE TRENCH
SEPARATE STORM SEWER SYSTEM
SHALLOW CONCENTRATED FLOW
SHEET FLOW
SOIL-COVER-COMPLEX METHOD
SOIL GROUP, HYDROLOGIC
SOURCE WATER PROTECTION AREAS (SWPA)
SPECIAL GEOLOGIC FEATURES
SPECIAL PROTECTION SUBWATERSHEDS
SPILLWAY
STATE WATER QUALITY REQUIREMENTS
STORAGE INDICATION METHOD
STORM FREQUENCY
STORM SEWER
STORMWATER
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SITE PLAN
STREAM
STREAM BUFFER
STREAM ENCLOSURE
SUBAREA
SUBDIVISION
SURFACE WATERS OF THE COMMONWEALTH
SWALE
TIMBER OPERATIONS
TIME OF CONCENTRATION (TC)
TOP-OF-BANK
VERNAL POND
WATERCOURSE
WATERSHED
WATERS OF THE COMMONWEALTH
WELLHEAD
WELLHEAD PROTECTION AREA
WET BASIN
WETLAND
As used in this article, the following terms shall have the meanings
indicated:
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate greater
than would occur because of the natural process alone.
The work of producing crops and raising livestock, including
tillage, plowing, discing, harrowing, pasturing and installation of
conservation measures. For purposes of regulation by this article,
construction of new buildings or impervious area is not considered
an "agricultural activity."
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance.
A landowner or developer who has filed an application for
approval to engage in any regulated activities as defined in this
article.
Those maintained by the contractor as he constructs the project
and upon which he documents the actual locations of the building components
and changes to the original contract documents. These, or a copy of
same, are turned over to the Engineer at the completion of the project.
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
The portion of stream discharge derived from groundwater;
the sustained discharge that does not result from direct runoff or
from water diversions, reservoir releases, piped discharges, or other
human activities.
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
Methods, measures or practices to prevent or reduce surface
runoff and/or water pollution, including but not limited to, structural
and nonstructural stormwater management practices and operation and
maintenance procedures. See also “nonstructured best management
practice (BMP).”
The Borough of Kutztown, Berks County, Pennsylvania.
The area of land immediately adjacent to any stream, measured
perpendicular to and horizontally from the top-of-bank on both sides
of a stream.
Rock consisting chiefly of carbonate minerals, such as limestone
and dolomite; specifically a sedimentary rock composed of more than
50% by weight of carbonate minerals that underlies soil or other unconsolidated,
superficial material.
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
The widening, deepening and headward cutting of small channels
and waterways due to erosion caused by moderate to large floods.
An underground reservoir or tank for storing rainwater.
The Berks County Conservation District.
A structure, with appurtenant works, which carries a stream
under or through an embankment or fill.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
The Pennsylvania Department of Environmental Protection (DEP).
A watershed which is listed under the Pennsylvania Department
of Environmental Protection's "Index of Designated Watersheds (Stormwater
Management)" pursuant to the Storm Water Management Act, P.L. 864,
No. 167, October 4, 1978, and published in the Pennsylvania Bulletin
on May 31, 1980 and August 9, 1980, as amended on November 19, 1991,
April 21, 1992, June 21, 1994, April 16, 1996, April 15, 1997 and
December 16, 1997.[1]
The agent of the Berks County Planning Department, Berks
County Conservation District and/or Kutztown Borough Planning Commission
and/or agent of the Borough involved with the administration, review
or enforcement of any provisions of this article by contract or memorandum
of understanding.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by the
article.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems.
An impoundment structure designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event and are dry until the next rainfall event.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.[2]
A person, partnership, association, corporation or other
entity or any responsible person therein or agent thereof that undertakes
any regulated earth disturbance activity at a project site in the
Borough.
See "earth disturbance activity." The term includes redevelopment.
The specific tract of land where any earth disturbance activities
in the Borough are planned, conducted or maintained.
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
To release water from a project, site, aquifer, drainage
basin or other point of interest (verb); the rate and volume of flow
of water such as in a stream, generally expressed in cubic feet per
second (volume per unit of time) (noun). See also "peak discharge."
The point where stormwater flows into.
[Amended 8-17-2010 by Ord. No. 5-2010]
Unstabilized land area where an earth disturbance activity
is occurring or has occurred.
An artificial waterway for irrigation or stormwater conveyance.
That portion of the property line of the lot, tract or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A permit issued by the Borough after the drainage plan has
been approved. Said permit is issued prior to or with the final Borough
approval.
The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in § 189-11 et seq.
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials.
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
A structure or activity that changes, expands or diminishes
the course, current or cross section of a watercourse, floodway or
body of water.
The process by which the surface of the land, including channels,
is worn away by water, wind, or chemical action.
A plan for a project site which identifies BMPs to minimize
accelerated erosion and sedimentation.
Surface waters of high quality which satisfy Pennsylvania
Code Title 25 Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to anti-degradation).
The initial condition of a project site prior to the proposed
construction. If the initial condition of the site is undeveloped
land, the land use shall be considered as "meadow" unless the natural
land cover is proven to generate lower curve numbers or Rational "C"
value, such as forested lands.
A general, but temporary, condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers and other waters of this commonwealth.
Any land area susceptible to inundation by water from any
natural source or delineated as a special flood hazard area on the
applicable National Flood Insurance Program Flood Insurance Rate Map
(FIRM) prepared by the Federal Emergency Management Agency (FEMA).
Also included are areas that comprise Group 13 Soils, as listed in
Appendix A of the Pennsylvania Department of Environmental Protection
(DEP) Technical Manual for Sewage Enforcement Officers (as amended
or replaced from time to time by DEP).
[Amended 8-17-2010 by Ord. No. 5-2010[3]]
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the one-hundred-year frequency flood. Unless otherwise specified,
the boundary of the floodway is as indicated on maps and flood insurance
studies provided by FEMA. In an area where no FEMA maps or studies
have defined the boundary of the one-hundred-year frequency floodway,
it is assumed, absent evidence to the contrary, that the floodway
extends from the stream to 50 feet from the top of the bank of the
stream.
The study of landforms associated with river channels and
the processes that form them.
Planning and activities necessary for the management of forest
land. These include timber inventory and preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation and reforestation.
A vertical distance between the elevation of the design highwater
and the top of a dam, levee, tank, basin or diversion ridge. The space
is required as a safety margin in a pond or basin.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from cropland.
Water beneath the earth's surface, often between saturated
soil and rock that supplies wells and springs.
Replenishment of existing natural underground water supplies
without degrading groundwater quality.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
Surface waters having quality which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pennsylvania Code Title 25 Environmental
Protection, Chapter 93 Water Quality Standards, § 93.4b(a).
Areas where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
A graph of discharge versus time for a selected point in
the drainage system.
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, base flow, storage, and groundwater supplies
under natural conditions.
A classification of soils by the Natural Resources Conservation
Service, formerly the Soil Conservation Service, into four runoff
potential groups. The groups range from A soils, which are very permeable
and produce lithe runoff, to D soils, which are not very permeable
and produce much more runoff.
A surface that prevents the percolation of water into the
ground. "Impervious surface" includes, but is not limited to, any
roof, parking or driveway areas, and any new streets and sidewalks.
Any surface areas designed to be gravel or crushed stone shall be
assumed to be impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Development that occurs on smaller parcels that remain undeveloped
but are within or in very close proximity to urban areas. The development
relies on existing infrastructure and does not require an extension
of water, sewer or other public utilities.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolates downward
to recharge groundwater.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving a group of two or more
buildings or the division or allocation of land or space between or
among two or more existing or prospective occupants by means of or
for the purpose of streets, common areas, leaseholds, condominiums,
building groups, or other features.
Any subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[4]
Any activity involving grading, tilling, digging or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the natural condition of the land.
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling.
A rock with open joints, fractures or solution channels, or
masses of loose rock fragments, including gravel, with insufficient
fine soil to fill the voids between the fragments.
A rock formation, other stratum or soil condition, which is
so slowly permeable that it effectively limits downward passage of
effluent.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
Any stream segment or other runoff conveyance facility used
as a reach in the Sacony Creek hydrologic model.
A method for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. Open
channels may include closed conduits so long as the flow is not under
pressure.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Borough of Kutztown, Berks County, Pennsylvania.
See "hydrologic regime."
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
Pollution that enters a watery body from diffuse origins
in the watershed and does not result from discernible, confined or
discrete conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
Methods of controlling stormwater runoff quantity and quality,
such as innovative site planning, impervious area and grading reduction,
protection of natural depression areas, temporary ponding on site
and other techniques.
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to DEP in Pennsylvania.
Natural Resource Conservation Service (previously SCS).
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals and pipes
flowing partly full.
"Point source" as described in 40 CFR § 122.2 at
the point where the municipality's storm sewer system discharges to
surface waters of the commonwealth.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The parcel of land from which a land development or subdivision
originates, determined from the date of municipal adoption of this
article.
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
The computer-based hydrologic modeling technique adapted
to the Sacony Creek watershed for the Act 167 Plan. The model has
been calibrated to reflect actual recorded flow values by adjoining
key model input parameters.
A culvert, closed conduit or similar structure (including
appurtenances) that conveys stormwater.
The stormwater management and erosion and sediment pollution
control plans and narratives.
The Planning Commission of the Borough of Kutztown.
Any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.1.
Period after construction where disturbed areas are stabilized,
stormwater controls are in place and functioning and all proposed
improvements in the approved land development plan are completed.
Undeveloped/natural condition.
Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily meet the water quality volume requirements of § 189-10F.
The flood that may be expected from the most severe combination
of critical meteorologic and hydrologic conditions that are reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined on the basis of data obtained from
the National Oceanographic and Atmospheric Administration (NOAA).
The specific area of land where any regulated earth disturbance
activities in the municipality are planned, conducted or maintained.
A rainfall-runoff relation used to estimate peak flow.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Original documents revised to suit the as-built conditions
and subsequently provided by the applicant/developer to the Borough.
[Amended 8-17-2010 by Ord. No. 5-2010]
The demolition, construction, reconstruction, alteration,
or improvement exceeding 2,000 square feet of land disturbance performed
on sites where existing land use is commercial, industrial, institutional,
or multifamily residential. Maintenance activities such as top-layer
grinding and repaving are not considered to be redevelopment. Interior
remodeling projects and tenant improvements are also not considered
to be redevelopment. Utility trenches in streets are not considered
redevelopment unless more than 50% of the street width is removed
and repaved.
Actions or proposed actions that involve the alteration or
development of land in a manner that may affect stormwater runoff.
[Amended 8-17-2010 by Ord. No. 5-2010]
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapters 92, Chapter 102, or the Clean Streams Law.[5]
The percentage of predevelopment peak rate of runoff from
a site or subarea to which the post-development peak rate of runoff
must be reduced to protect downstream areas.
An impoundment in which stormwater is stored and not released
during the storm event. Retention basins do not have an outlet other
than recharge and must infiltrate stored water in no more than four
days.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average of
once every 25 years.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
Earth disturbance activities within the existing road cross
section, such as grading and repairing existing unpaved road surfaces,
cutting road banks, cleaning or clearing drainage ditches and other
similar activities.
A drainage conduit or pipe that collects water runoff from
a roof and leads it away from the structure.
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any part of precipitation that flows over the land surface.
Subdivision and Land Development Ordinance.[6]
The process by which mineral or organic matter is accumulated
or deposited by the movement of water or air.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt or other material transported
by water during construction.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this article.
An area of excavated earth filled with loose stone or similar
coarse material into which surface water is directed for infiltration
into the underground water.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) primarily used for collecting
and conveying stormwater runoff.
Stormwater runoff flowing in shallow, defined ruts prior
to entering a defined channel or waterway.
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called "curve number (CN)."
A classification of soils by the Natural Resource Conservation
Service into four runoff potential groups. The groups range from A
soils, which are very permeable and produce little runoff, to D soils,
which are not very permeable and produce much more runoff.
[Amended 8-17-2010 by Ord. No. 5-2010]
The zone through which contaminants, if present, are likely
to migrate and reach a drinking water well or surface water intake.
Carbonate bedrock features, including but not limited to
closed depressions, existing sinkholes, fracture traces, lineaments,
joints, faults, caves and pinnacles, which may exist and must be identified
on a site when stormwater management BMPs are being considered.
Watersheds for which the receiving waters are exceptional
value (EV) or high quality (HQ) waters.
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond.
The regulatory requirements to protect, maintain, reclaim
and restore water quality under Pa. Code Title 25 and the Clean Streams
Law.[7]
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage), with
outflow defined as a function of storage volume and depth.
The number of times that a given storm event occurs or is
exceeded on the average in a stated period of years. See "return period."
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
The surface runoff generated by precipitation reaching the
ground surface.
Any structure, natural or man-made, that, due to its condition,
design or construction, conveys, stores or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes and infiltration structures.
The plan for managing stormwater runoff in the Sacony Creek
Watershed adopted by Berks County, as required by the Act of October
4, 1978, P.L. 864, (Act 167), and known as the "Sacony Creek Watershed
Action 167 Stormwater Management Plan."
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this article.
A natural watercourse.
The land area adjacent to each side of a stream, essential
to maintaining water quality. (See "buffer.")
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
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, transfer of ownership, or building
or lot development; provided, however, that the 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
dwellings, shall be exempt.
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface, or parts thereof,
whether natural or artificial, within or on the boundaries of this
commonwealth.
A low lying stretch of land which gathers or carries surface
water runoff.
See "forest management."
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
Highest point of elevation in a stream channel cross section
at which a rising water level just begins to flow out of the channel
and over the floodplain.
Seasonal depressional wetlands that are covered by shallow
water for variable periods from winter to spring, but may be completely
dry for most of the summer and fall.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
Region or area drained by a river, watercourse or other body
of water, whether natural or artificial.
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs and all
other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
The surface and subsurface area surrounding a water supply
well, well field, spring or infiltration gallery supplying a public
water system, through which contaminants are reasonably likely to
move toward and reach the water source.
Pond for urban runoff management that is designed to detain
urban runoff and always contains water.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, ferns and similar areas.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
[3]
Editor's Note: This ordinance also repealed the definition
of "flood hazard boundary" which immediately followed this definition.
[4]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
As used in this article, the following abbreviations shall have
the meanings indicated:
BMPs — Best management practice(s).
| |
DRBC — Delaware River Basin Commission.
[Added 8-17-2010 by Ord. No. 5-2010] | |
FEMA — Federal Emergency Management Agency.
| |
NRCS — Natural Resource Conservation Service (previously
SCS).
| |
PA DEP — Pennsylvania Department of Environmental Protection.
| |
PENNDOT — Pennsylvania Department of Transportation.
| |
PMF — Probable maximum flood.
|
A.
General requirements.
(1)
All applicants proposing regulated activities in the Sacony Creek Watershed which do not fall under the exemption criteria shown in, § 189-11B shall submit a drainage plan consistent with the Sacony Creek Watershed Stormwater Management Plan to the Borough for review. These criteria shall apply to the total proposed development even if development is to take place in stages. Impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious for the purposes of comparison to the waiver criteria.
(2)
The applicant is required to evaluate practicable alternatives to
the surface discharge of stormwater, the creation of impervious surfaces
and the degradation of waters of the commonwealth, and must maintain
as much as possible the natural hydrologic regime.
(3)
The drainage plan must be designed consistent with the sequencing provisions of § 189-10D to ensure maintenance of the natural hydrologic regime and to promote groundwater recharge and protect groundwater and surface water quality and quantity. The drainage plan designer must proceed sequentially in accordance with this section of this article.
(4)
The existing points of concentrated drainage that discharge onto
adjacent property shall not be altered without permission of the adjacent
property owner(s) and shall be subject to any applicable discharge
criteria specified in this article.
(5)
Areas of existing diffused drainage discharge shall be subject to
any applicable discharge criteria in the general direction of existing
discharge, whether proposed to be concentrated or maintained as diffused
drainage areas, except as otherwise provided by this article. If diffused
flow is proposed to be concentrated and discharged onto adjacent property,
the developer must document that adequate downstream conveyance facilities
exist to safely transport the concentrated discharge or otherwise
prove that no erosion, sedimentation, flooding or other harm will
result from the concentrated discharge.
(6)
Where a development site is traversed by watercourses, drainage easements
shall be provided conforming to the line of such watercourses. The
terms of the easement shall prohibit excavation, the placing of fill
or structures, and any alterations that may adversely affect the flow
of stormwater within any portion of the easement. Maintenance, including
mowing of vegetation within the easement, shall be required.
(7)
Any stormwater management facilities regulated by this article that
would be located in or adjacent to waters of the commonwealth or wetlands
shall be subject to approval by the PA DEP through the joint permit
application process or, where deemed appropriate by the PA DEP, the
general permit process. When there is a question whether wetlands
may be involved, it is the responsibility of the developer or his
agent to show that the land in question cannot be classified as wetlands,
otherwise approval to work in the area must be obtained from the PA
DEP.
(8)
Any stormwater management facilities regulated by this article that
would be located on state highway rights-of-way shall be subject to
approval by PENNDOT.
(9)
Minimization of impervious surfaces and infiltration of runoff through
seepage beds, infiltration trenches, etc., are encouraged, where soil
conditions permit, to reduce the size or eliminate the need for detention
facilities.
(10)
All stormwater runoff shall be treated for water quality.
(11)
Roof drains must not be connected to streets, sanitary or storm
sewers or roadside ditches to promote overload flow and infiltration/percolation
of stormwater where advantageous to do so. When it is more advantageous
to connect directly to streets or storm sewers, then it shall be permitted,
on a case-by-case basis, by the Borough.
(12)
Transference of runoff to or from an EV/HQ watershed is prohibited
unless otherwise authorized by DEP or DRBC.
[Amended 8-17-2010 by Ord. No. 5-2010]
B.
Permit requirements by other government entities. Permits must comply
with any and all applicable local, county, state and federal regulations.
C.
Erosion and sediment control during regulated earth disturbance activities.
(1)
No regulated earth disturbance activities within the municipality
shall commence until the municipality receives an approval from the
Conservation District of an erosion and sediment control plan for
construction activities.
(2)
DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
(3)
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction
activities permit is required for regulated earth disturbance activities.
(4)
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-22)] satisfies the requirements, § 189-10C(1).
(5)
A copy of the erosion and sediment control plan and any required
permit, as required by DEP regulations, shall be available at the
project site at all times.
(6)
Additional erosion and sediment control design standards and criteria
that are recommended to be applied where infiltration BMPs are proposed
shall include the following:
(a)
Areas proposed for infiltration BMPs shall be protected from
sedimentation and compaction during the construction phase to maintain
maximum infiltration capacity.
(b)
Infiltration BMPs shall not be constructed nor receive runoff
until the entire contributory drainage area to the infiltration BMP
has achieved final stabilization.
D.
Nonstructural project design (sequencing to minimize stormwater impacts).
(1)
For projects disturbing one acre or more, the design of all regulated
activities shall include evaluation of practicable alternatives to
the surface discharge of stormwater, the creation of impervious surfaces,
and the degradation of waters of the commonwealth, and must maintain
as much as possible the natural hydrologic regime of the site.
(a)
An alternative is practicable if it is available and capable
of being done after taking into consideration cost, existing technology
and logistics in light of overall project purposes and other municipal
requirements.
(b)
All practicable alternatives to the discharge of stormwater
are presumed to have less adverse impact on quantity and quality of
waters of the commonwealth unless otherwise demonstrated.
(2)
The applicant shall demonstrate that he/she designed the regulated
activities that disturb one acre or more included consideration of
the following issues:
(a)
Prepare an existing resource and site analysis map (ERSAM) showing
environmentally sensitive areas, including, but not limited to, steep
slopes, ponds, lakes, streams, wetlands, hydric soils, vernal pools,
floodplains, stream buffer zones, Hydrologic Soil Groups A and B (areas
conducive to infiltration), special geologic features, any existing
recharge areas and any other requirements outlined in the municipal
Subdivision and Land Development Ordinance.[1]
(b)
Establish appropriate buffers for each of the delineated environmentally
sensitive areas per the municipal zoning ordinance.[2] [See § 189-10F(4) for stream buffers and § 189-10J(9) for special geologic feature buffers.]
(c)
Prepare a draft project layout avoiding sensitive areas identified in § 189-10D(2)(a).
(d)
Identify site specific existing conditions, drainage areas,
discharge points, recharge areas and hydrologic Soil Groups A and
B.
(f)
Satisfy groundwater infiltration objective (§ 189-10E) and provide for stormwater pretreatment prior to infiltration. Pretreatment may not be necessary for rooftop runoff which enters the infiltration facility directly from a roof leader.
(h)
Determine what management district the site falls into (Appendix
D[3]) and conduct an existing conditions runoff analysis.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
(i)
Prepare final project design to maintain existing conditions
drainage areas and discharge points, to minimize earth disturbance
and impervious surfaces and, to the maximum extent possible, to ensure
the remaining site development has no surface or point discharge.
(j)
Conduct a post-development runoff analysis based on the final design and to meet the release rate and in turn the overbank flow and extreme event requirements (§ 189-10H).
(k)
Manage any remaining runoff through treatment prior to discharge,
as part of detention, bioretention, direct discharge or other structural
control.
E.
Groundwater recharge (infiltration/recharge/bioretention).
(1)
Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration stormwater management facilities shall give consideration to providing groundwater recharge to compensate for the reduction in the percolation that occurs when the ground surface is disturbed or impervious surface is created. It is recommended that roof runoff be directed to infiltration BMPs which can be over-designed to compensate for the infiltration losses due to parking areas. These measures are required to be consistent with § 189-2, and take advantage of utilizing any existing recharge areas.
(2)
Infiltration may not be feasible on every site due to site-specific limitations, such as soil type. If it cannot be physically accomplished, due to seasonal high water table, soil permeability rate, soil depth or setback distances from special geologic features, then the design professional shall be responsible to show that this cannot be physically accomplished. If it can be physically accomplished, then the volume of runoff to be infiltrated shall be determined from § 189-10E(3)(c) depending on demonstrated site conditions and shall be the greater of the two volumes.
(3)
Infiltration BMPs shall meet the following minimum requirements:
(a)
Infiltration requirements. Regulated activities will be required to infiltrate, where site conditions permit, a portion of the runoff created by the development as part of an overall stormwater management plan designed for the site. The volume of runoff to be infiltrated shall be determined from § 189-10E(3)(c)[1] or [2], depending upon demonstrated site conditions.
(b)
Infiltration BMPs intended to receive runoff from developed
areas shall be selected based on suitability of soils and site conditions
and shall be constructed on soils that have the following characteristics:
[1]
A minimum depth of 36 inches between the bottom of the BMP and
the limiting zone.
[2]
An infiltration and/or percolation rate sufficient to accept
the additional stormwater load and drain completely as determined
by field tests conducted by the applicant's design professional.
[3]
The infiltration facility shall be capable of completely infiltrating
the retention (infiltration) volume within four days (96 hours).
[4]
Pretreatment shall be provided prior to infiltration.
(c)
The size of the infiltration facility shall be based upon the
following volume criteria:
[1]
NRCS curve number equation:
[a]
The NRCS runoff equation shall be utilized to calculate
infiltration requirements (I) in inches.
Equation 1
| |||
---|---|---|---|
I (Infiltration requirement in inches) = (200 / CN) –
2
| |||
Where
| |||
CN
|
=
|
SCS (NRCS) curve number of existing conditions contributing
to the infiltration facility.
|
[c]
The retention (Infiltration) volume (Rev) required
would therefore be computed as:
Equation 2
| |
---|---|
Rev (Cubic Feet) = I * impervious area (square feet) / (12 inches/ft)
| |
Where
| |
I = infiltration requirement (in inches)
|
[2]
Annual recharge: water budget approach. It has been determined that infiltrating 0.42 inch of runoff from the impervious areas will aid in maintaining the hydrologic regime of the watershed. If the goals of § 189-10E(3)(b)[1] cannot be achieved, then 0.42 inch of rainfall shall be infiltrated from all impervious areas, up to an existing site conditions curve number of 83. Above a curve number of 83, Equation 1 or the curve in Figure 1 should be used to determine the infiltration requirement. The retention (infiltration) volume (Rev) required would therefore be computed as:
Rev (Cubic Feet) = (0.42 or I, whichever is less) * impervious
area (sq.ft.) / (12 in/ft)
|
(4)
Soils. A detailed soils evaluation of the project site shall be required
where practicable to determine the suitability of recharge facilities.
The evaluation shall be performed by a qualified design professional
and, at a minimum, address soil permeability, depth to bedrock and
subgrade stability. The general process for designing the infiltration
BMP shall be:
(a)
Analyze hydrologic soil groups as well as natural and man-made
features within the site to determine general areas of suitability
for infiltration practices. In areas where development on fill material
is under consideration, conduct geotechnical investigations of subgrade
stability; infiltration is not permitted to be ruled out without conducting
these tests.
(b)
Provide field tests such as double ring infiltrometer or hydraulic
conductivity tests (at the level of the proposed infiltration surface)
to determine the appropriate hydraulic conductivity rate. Percolation
tests are not recommended for design purposes.
(c)
Design the infiltration structure for the required retention
(Rev) volume based on field determined capacity at the level of the
proposed infiltration surface.
(d)
If on-lot infiltration structures are proposed by the applicant's
design professional, it must be demonstrated to the municipality that
the soils are conducive to infiltrate on the lots identified.
(5)
Carbonate areas. The applicant is required to investigate the ability of all areas on the site which are not underlain by carbonate rock to meet the infiltration requirements of § 189-10E(3). If this investigation proves infeasible, infiltration can occur on areas underlain by carbonate rock by following the recommended procedure below in conjunction with Figure B-4 in Ordinance Appendix B.[4] However, the applicant is not required to use infiltration in carbonate areas even if the site falls into the Recommended range on Figure B-4 in Ordinance Appendix B. If infiltration is not proposed, the calculated infiltration volume [§ 189-10E(3)] shall be treated by an acceptable BMP.
(b)
The area tributary to the infiltration BMP shall be weighted
as follows:
Area Description
|
Weighting
| |
---|---|---|
All disturbed area to be made impervious
|
100%
| |
All disturbed areas to be made pervious
|
50%
| |
All undisturbed impervious areas
|
100%
| |
All undisturbed pervious areas
|
0%
|
(c)
Soil thickness is to be measured from the bottom of any proposed
infiltration BMP. The effective soil thickness in Figure B-4 in Ordinance
Appendix B is the measured soil thickness multiplied by the thickness
factor based on soil permeability, as follows:
Permeability Range
(inches per hour)
|
Thickness Factor
| |
---|---|---|
6.0 to 12.0
|
0.8
| |
2.0 to 6.0
|
1.0
| |
1.0 to 2.0
|
1.4
| |
0.75 to 1.0
|
1.2
| |
0.5 to 0.75
|
1.0
|
(d)
The design of all facilities over Karst shall include an evaluation
of measures to minimize adverse effects.
[4]
Editor's Note: Appendix B is included at the end of this chapter.
(6)
Stormwater hotspots.
(a)
Following is a list of examples of designated hotspots. If a
site is designated as a hotspot, it has important implications for
how stormwater is managed. First and foremost, untreated stormwater
runoff from hotspots shall not be allowed to recharge into groundwater
where it may contaminate water supplies. Therefore, the Rev requirement
shall not be applied to development sites that fit into the hotspot
category. (The entire WQv must still be treated.) Second, a greater
level of stormwater treatment shall be considered at hotspot sites
to prevent pollutant washoff after construction. The EPA's NPDES stormwater
program requires some industrial sites to prepare and implement a
stormwater pollution prevention plan.
(b)
Examples of hotspots:
[1]
Vehicle salvage yards and recycling facilities.
[2]
Vehicle fueling stations.
[3]
Vehicle service and maintenance facilities.
[4]
Vehicle and equipment cleaning facilities.
[5]
Fleet storage areas (bus, truck, etc.).
[6]
Industrial sites (based on Standard Industrial Codes).
[7]
Marinas (service and maintenance).
[8]
Outdoor liquid container storage.
[9]
Outdoor loading/unloading facilities.
[10]
Public works storage areas.
[11]
Facilities that generate or store hazardous materials.
[12]
Commercial container nursery.
[13]
Other land uses and activities as designated by
an appropriate review authority.
(c)
The following land uses and activities are not normally considered
hotspots:
(d)
Large highways [average daily traffic volume (ADT) greater than
30,000] are not designated as a stormwater hotspot; however, it is
important to ensure that highway stormwater management plans adequately
protect groundwater.
(7)
Caution shall be exercised where infiltration is proposed in source
water protection areas as defined by the local municipality or water
authority.
(8)
Infiltration facilities shall be used in conjunction with other innovative
or traditional stormwater control facilities that are found within
the PA DEP State BMP Manual.
(9)
Caution shall be exercised where salt or chloride (municipal salt
storage) would be a pollutant since soils do little to filter this
pollutant and it may contaminate the groundwater. The qualified design
professional shall evaluate the possibility of groundwater contamination
from the proposed infiltration facility and perform a hydrogeologic
justification study if necessary.
(10)
The infiltration requirement in high-quality or exceptional
value waters shall be subject to the Department's Chapter 93 Antidegradation
Regulations.
(11)
Dependent upon certain land use or hotspots, an impermeable
liner will be required in detention basins where the possibility of
groundwater contamination exists. A detailed hydrogeologic investigation
may be required by the municipality.
(12)
The municipality shall require the applicant to provide safeguards
against groundwater contamination for land uses that may cause groundwater
contamination should there be a mishap or spill.
(13)
For projects that disturb one acre or more, unless otherwise
specified in the Zoning Ordinance,[5] the following setbacks for infiltration facilities shall
apply:
(a)
One hundred feet from water supply wells.
(b)
Ten feet downslope or 100 feet upslope from building foundations.
(c)
Fifty feet from septic system drainfields.
(d)
Fifty feet from a geologic contact with carbonate bedrock, unless
a preliminary site investigation is done in the carbonate bedrock
to show the absence of special geologic features within 50 feet of
the proposed infiltration area.
(e)
One hundred feet from the property line unless documentation
is provided to show all setbacks from wells, foundations and drainfields
on the neighboring property will be met.
F.
Water quality requirements.
(1)
Developed areas shall provide adequate storage and treatment facilities necessary to capture and treat stormwater runoff. The retention volume computed under § 189-10E may be a component of the water quality volume if the applicant chooses to manage both components in a single facility. If the infiltration volume is less than the water quality volume, the remaining water quality volume may be captured and treated by methods other than recharge/infiltration BMPs. The required water quality volume (WQv) is the storage capacity needed to capture and treat a portion of stormwater runoff from the developed areas of the site. To achieve this goal, the following criterion is established:
(a)
The following calculation formula is to be used to determine
the water quality storage volume, (WQv), in acre-feet of storage for
the Sacony Creek watershed:
WQv = [(P)(Rv)(A)] / 12
| |||
---|---|---|---|
Where
| |||
WQv
|
=
|
Water quality volume (acre-feet).
| |
P
|
=
|
1 inch.
| |
A
|
=
|
Total contributing drainage area to the water quality BMP (acres).
| |
Rv
|
=
|
0.05 + 0.009(l) where I is the percent of the area that is impervious
surface [(impervious area / A) * 100].
|
(b)
This volume requirement can be accomplished by the permanent
volume of a wet basin or the detained volume from other BMPs.
(c)
Release of water can begin at the start of the storm (i.e.,
the invert of the water quality orifice is at the invert of the facility).
The design of the facility shall provide for protection from clogging
and unwanted sedimentation.
(2)
For areas within defined special protection subwatersheds which include
exceptional value (EV) and high-quality (HQ) waters, cold water fishery
(CWF) the temperature and quality of water and streams shall be maintained.
(3)
To accomplish the above, the applicant shall use innovative or traditional
stormwater control facilities that are found within the PA DEP State
BMP Manual.
(4)
If a perennial or intermittent stream passes through the site, the
applicant shall create a stream buffer extending a minimum of 50 feet
to either side of the top-of-bank of the channel. The buffer area
shall be maintained with appropriate native vegetation (reference
to Appendix F of Pennsylvania Handbook of Best Management Practices
for Developing Area for plant lists). If the applicable rear or side
yard setback is less than 50 feet, the buffer width may be reduced
to 25% of the setback to a minimum of 10 feet. If an existing buffer
is legally prescribed (i.e., deed, covenant, easement, etc.) and it
exceeds the requirements of this article, the existing buffer shall
be maintained. This does not include lakes or wetlands.
G.
Streambank erosion requirements.
(1)
In addition to control of the water quality volume, in order to minimize
the impact of stormwater runoff on downstream streambank erosion,
the primary requirement is to design a BMP to detain the post-development
two-year, twenty-four-hour design storm to the existing conditions
one-year peak flow using the SCS Type II distribution. Additionally,
provisions shall be made (such as adding a small orifice at the bottom
of the outlet structure) so that the post-development one-year storm
takes a minimum of 24 hours to drain from the facility from a point
where the maximum volume of water from the one-year storm is captured
(i.e., the maximum water surface elevation is achieved in the facility).
Release of water can begin at the start of the storm (i.e., the invert
of the water quality orifice is at the invert of the facility).
(2)
The minimum orifice size in the outlet structure to the BMP shall
be a three-inch diameter orifice, and a trash rack shall be installed
to prevent clogging. On sites with small contributing drainage areas
to this BMP that do not provide enough runoff volume to allow a twenty-four-hour
attenuation with the three-inch orifice, the calculations shall be
submitted showing this condition. Orifice sizes less than three inches
can be utilized, provided that the design will prevent clogging of
the intake.
H.
Stormwater management districts.
(1)
The Sacony Creek Watershed has been divided into stormwater management
districts as shown in Appendix D[6] and as follows.
[6]
Editor's Note: Appendix D is included at the end of this chapter.
(2)
In addition to the requirements specified in the table below, the
groundwater recharge, water quality and streambank erosion control
requirements shall be implemented. Development sites located in each
of the districts must control post-development runoff rates to predevelopment
runoff rates for the design storm as follows:
District
|
Subareas
|
Post-Development
|
Predevelopment
| |
---|---|---|---|---|
A
|
1-8, 11, 999
|
2-year
|
1-year
| |
10-year
|
10-year
| |||
50-year
|
50-year
| |||
B
|
43-67
|
2-year
|
1-year
| |
10-year
|
2.33-year
| |||
50-year
|
10-year
| |||
C
|
9, 10, 12-41
|
2-year
|
1-year
| |
10-year
|
2.33-year
| |||
50-year
|
50-year
| |||
D
|
68-72, 75
|
2-year
|
1-year
| |
10-year
|
2.33-year
| |||
50-year
|
10-year
| |||
E
|
42, 73-74, 76-92
|
2-year
|
1-year
| |
5-year
|
5-year
| |||
10-year
|
10-year
| |||
25-year
|
25-year
| |||
50-year
|
50-year
| |||
100-year
|
100-year
|
I.
Stormwater Management District implementation provisions (performance
standards).
(1)
General. Post-development rates of runoff from any regulated activity shall not exceed the peak release rates of runoff prior to development for the design storms specified in § 189-10H of this article.
[Amended 8-17-2010 by Ord. No. 5-2010]
(2)
District boundaries. The boundaries of the Stormwater Management
Districts are shown on an official map which is available for inspections
at the Borough municipal building. A copy of the official map at a
reduced scale is included in Appendix D. The exact location of the
Stormwater Management District boundaries as they apply to a given
development site shall be determined by mapping the boundaries using
the two-foot topographic contours (or most accurate data required)
provided as part of the drainage plan.
(3)
Sites located in more than one district. For a proposed development
site located within two or more release category subareas, the peak
discharge rate from any subarea shall be the predevelopment peak discharge
for that subarea multiplied by the applicable release rate. The calculated
peak discharges shall apply regardless of whether the grading plan
changes the drainage area by subarea. An exception to the above may
be granted if discharges from multiple subareas recombine in proximity
to the site. In this case, peak discharge in any direction shall follow
Management District A criteria, provided that the overall site discharge
meets the management district criteria for which the discharge is
located.
(4)
Off-site areas. Off-site areas which drain through a proposed development
site are not subject to release rate criteria when determining allowable
peak runoff rates. However, on-site drainage facilities shall be designed
to safely convey off-site flows through the development site.
(5)
Site areas. Where the site area to be impacted by a proposed development
activity differs significantly from the total site area, only the
proposed impact area shall be subject to the management district criteria.
In other words, unimpacted areas bypassing the stormwater management
facilities would not be subject to the management district criteria.
J.
Design criteria for stormwater management facilities.
(1)
Any stormwater facility located on state highway rights-of-way shall
be subject to approval by PENNDOT.
(2)
Any stormwater management facility (i.e., detention basin) designed
to store runoff and requiring a berm or earthen embankment required
or regulated by this article shall be designed to provide an emergency
spillway to handle flow up to the one-hundred-year post-development
conditions. The height of embankment must be set as to provide a minimum
1.0 foot of freeboard above the maximum pool elevation computed when
the facility functions for the one-hundred-year post-Mydevelopment
inflow. Should any stormwater management facility require a dam safety
permit under 25 Pa. Code Chapter 105 et seq., the facility shall be
designed in accordance with 25 Pa. Code Chapter 105 and meet the regulations
of 25 Pa. Code Chapter 105 concerning dam safety which may be required
to pass storms larger than the one-hundred-year event.
(3)
Any facilities that constitute water obstructions (e.g., culverts,
bridges, outfalls of stream enclosures) and any work involving wetlands
as directed in the regulations of 25 Pa. Code Chapter 105 et seq.
(as amended) shall be designed in accordance with 25 Pa. Code Chapter
105 and will require a permit from PA DEP. Any other drainage conveyance
facility that doesn't fall under the regulations of 25 Pa. Code Chapter
105 must be able to convey, without damage to the drainage structure
or roadway, runoff from the twenty-five-year design storms with a
minimum 1.0 foot of freeboard measured below the lowest point along
the top of the roadway. Roadway crossings located within designated
floodplain areas must be able to convey runoff from a one-hundred-year
design storm with a minimum 1.0 foot of freeboard measured below the
lowest point along the top of roadway. Any facility that constitutes
a dam as defined in the regulations of 25 Pa. Code Chapter 105 et
seq. regulations may require a permit under dam safety regulations.
Any facility located within a PENNDOT right-of-way must meet PENNDOT
minimum design standards and permit submission requirements.
(4)
Any drainage conveyance facility and/or channel that doesn't fall
under the regulations of 25 Pa. Code Chapter 105 et seq. must be able
to convey, without damage to the drainage structure or roadway, runoff
from the ten-year design storm. Conveyance facilities to or exiting
from stormwater management facilities (i.e., detention basins) shall
be designed to convey the design flow to or from that structure. Roadway
crossings located within designated floodplain areas must be able
to convey runoff from a one-hundred-year design storm. Any facility
located within a PENNDOT right-of-way must meet PENNDOT minimum design
standards and permit submission requirements.
(5)
Storm sewers must be able to convey post-development runoff from
a twenty-five-year design storm without surcharging inlets.
(6)
Adequate erosion protection shall be provided along all open channels
and at all points of discharge.
(7)
The design of all stormwater management facilities shall incorporate
sound engineering principles and practices. The Borough shall reserve
the right to disapprove any design that would result in the continuation
of an adverse hydrologic or hydraulic condition within the watershed.
(8)
All wet basin designs shall incorporate biologic minimization controls
consistent with the West Nile Guidance found in Appendix G.[7]
[7]
Editor's Note: Appendix G is included at the end of this chapter.
(9)
No stormwater detention facility shall be placed within 50 feet of
a special geologic feature. No stormwater subsurface conveyance facility
shall be constructed within 50 feet of a special geologic feature,
unless it is constructed of durable pipe utilizing watertight joints.
K.
Calculation methodology. Stormwater runoff from all development sites
shall be calculated using either the Rational Method or a Soil-Cover-Complex
methodology.
(1)
Any stormwater runoff calculations involving drainage areas greater
than 200 acres, including on- and off-site areas, shall use a generally
accepted calculation technique that is based on the NRCS Soil-Cover-Compels
Method. Table 1 summarizes acceptable computation methods. It is assumed
that all methods will be selected by the design professional based
on the individual limitations and suitability of each method for a
particular site. The Borough may approve the use of the Rational Method
to estimate peak discharges from drainage areas that contain fewer
than 200 acres.
Table 1
| |||
---|---|---|---|
Acceptable Computation Methodologies for Stormwater Management
Plans
| |||
Method
|
Method Developed by
|
Applicability
| |
TR-20 (or commercial package based on TR-20)
|
USDA NRCS
|
Applicable where use of full hydrology computer model is desirable
or necessary
| |
TR-55 (or commercial computer package based on TR-55)
|
USDA NRCS
|
Applicable for land development plans within limitations described
in TR-55
| |
HEC-1
|
US Army Corps of Engineers
|
Applicable where use of full hydrologic computer model is desirable
or necessary
| |
PSRM
|
Penn State University
|
Applicable where use of a hydrologic computer model is desirable
or necessary; simpler than TR-20 or HEC-1
| |
Rational Method (or commercial computer package based on Rational
Method)
|
Emil Kuichling (1889)
|
For sites less than 200 acres or as approved by the municipality
and Municipal Engineer
| |
Other methods
|
Varies
|
Other computation methodologies approved by the municipality
and Municipal Engineer
| |
*NOTE: Successors to the above methods are also acceptable.
These successors include WINNTR55 for TR55 and WINTR20 for TR20 and
SWMM.
|
(2)
All calculations consistent with the requirements of this article
using the Soil-Cover-Complex Method shall use the appropriate design
rainfall depths for the various return period storms presented in
Table B-1 in Appendix B[8] of this article. If a hydrologic computer model, such
as PSRM or HEC-1, is used for stormwater runoff calculations, then
the duration of rainfall shall be 24 hours. The NRCS S-curve as shown
in Figure B-1, Appendix B of this article shall be used for the rainfall
distribution.
[8]
Editor's Note: Appendix B is included at the end of this chapter.
(3)
For the purposes of predevelopment flow rate determination, undeveloped
land shall be considered as meadow condition, unless the natural ground
cover generates a lower curve number or Rational "C" value (i.e.,
forest).
(4)
All calculations using the Rational Method shall use rainfall intensities consistent with appropriate times of concentration for overland flow and return periods from the Design Storm Curves from PENNDOT Design Rainfall Curves (1986) (Figure B-3). Times of concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS). Times of concentration for channel and pipe flow shall be computed using Manning's equation. NRCS lag equation divided by 0.6 is an acceptable method for Tc in undeveloped areas.
(5)
Runoff curve numbers (CN) for both existing and proposed conditions
to be used in the Soil-Cover-Complex Method shall be obtained from
Table B-2 in Appendix B[9] of this article.
[9]
Editor's Note: Appendix B is included at the end of this chapter.
(6)
Runoff coefficients (c) for both existing and proposed conditions
for use in the Rational Method shall be obtained from Table B-3 in
Appendix B.[10] of this article.
[10]
Editor's Note: Appendix B is included at the end of this chapter.
(7)
Where uniform flow is anticipated, the Manning Equation shall be
used for hydraulic computations and to determine the capacity of open
channels, pipes and storm sewers. Values for Manning's roughness coefficient
(n) shall be consistent with Table B-4 in Appendix B of this article.
Full flow shall be assumed for closed conduits. Outlet structures
for stormwater management facilities shall be designed to meet the
performance standards of this article using any generally accepted
hydraulic analysis technique or method.
(8)
The design of any stormwater detention facilities intended to meet
the performed standards of this article shall be verified by routing
the design storm hydrograph through these facilities using the Storage-Indication
Method. For drainage areas greater than 20 acres in size, the design
storm hydrograph shall be computed using a calculation method that
produces a full hydrograph. The Borough may approve the use of any
generally accepted full hydrograph approximation technique which shall
use a total runoff volume that is consistent with the volume from
a method that produces a full hydrograph.
L.
Limestone and/or sinkhole prone areas.
(1)
The ability to retain and maximize the groundwater recharge capacity
of the area being developed is encouraged. Design of the stormwater
management facilities shall give consideration to providing groundwater
recharge to compensate for the reduction in the percolation that occurs
when the ground surface is paved and roofed over. A detailed geologic
evaluation of the project site shall be performed to determine the
suitability of recharge facilities. The evaluation shall be performed
by a qualified geologist and/or soil scientist and at a minimum, address
soil permeability, depth to bedrock, susceptibility to sinkhole formation
and subgrade stability. Where pervious pavement is permitted for parking
lots, recreational facilities, nondedicated streets or other areas,
pavement construction specifications shall be noted on the plan.
(2)
Whenever a basin will be located in an area underlain by limestone,
a geological evaluation of the proposed location shall be conducted
to determine susceptibility to sinkhole formations. The design of
all facilities over limestone formations shall include measures to
prevent groundwater contamination and, where necessary, sinkhole formation.
Soils used for the construction of basins shall have low-erodibility
factors ("K" factors). The municipality may require the installation
of an impermeable liner in detention basins.
(3)
It shall be the developer's responsibility to verify if the site
is underlain by limestone. The following note shall be attached to
all drainage plans and signed and sealed by the developer's engineer/surveyor/landscape
architect/architect:
I, _______________, certify that the proposed detention basin
(circle one) is/is not underlain by limestone.
|
A.
General requirements. For any of the activities regulated by this
article, the final approval of subdivision and/or land development
plans, the issuance of any building or occupancy permit or the commencement
of any land disturbance activity may not proceed until the property
owner or developer or his/her agent has received written approval
of a drainage plan from the Borough unless the project qualifies for
an exemption from the requirements to submit a drainage plan.
B.
General exemptions. The following land use activities are exempt
from the drainage plan submission requirements of this article:
(1)
Use of land for gardening for home consumption.
(2)
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this article, provided
that the activities are performed according to the requirements of
25 Pa. Code, Chapter 102.
(3)
Forest management and timber operations are exempt from the rate
control and SWM site plan preparation requirements of this article,
provided that the activities are performed according to the requirements
of 25 Pa. Code, Chapter 102.
C.
Stormwater quantity control exemption.
(1)
Any regulated activity that meets the impervious area exemption criteria in Table 2 shall not be required to implement the stormwater quantity controls, specified in § 189-10H of this article. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this article shall not be considered in cumulative impervious area calculations for exemption purposes.
Table 2
| |||
---|---|---|---|
Impervious Area Exemption Criteria
| |||
Total Parcel Size
(acres)
|
Minimum Distance*
(feet)
|
Impervious Area Exemption
(square feet)
| |
Less than 1/4
|
0
|
2,500
| |
More than 1/4 to 1
|
0
|
5,000
| |
More than 1 acre
|
100
|
10,000
| |
*NOTE: The minimum distance between the proposed impervious
area and/or stormwater controls/structures discharge point to the
downstream property line.
|
(2)
Submissions for projects that utilize the exemption under § 189-11C shall reference Ordinance Appendix I[1] to meet the requirements of groundwater recharge (§ 189-10E), water quality (§ 189-10F), and streambank erosion (§ 189-10G) controls of this article. Drainage plans in accordance with § 189-11E(2)(a)[2], (b)[7], [8], [11], [15], [22] and (d)[2] must still be submitted. Any exemption must first be approved by the municipality.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
D.
Additional exemption requirement.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety and property. An exemption shall not relieve the applicant
from providing adequate stormwater management for regulated activities
to meet the requirements of this article.
(2)
HQ and EV streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high-quality (HQ) or exceptional value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 189-10D, groundwater recharge (§ 189-10E), water quality (§ 189-10F), and streambank erosion (§ 189-10G).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of, or expected from the proposed activity, then
the municipality may require a drainage plan submittal. All regulated
activities occurring in drainage areas tributary to waters designated
HQ/EV pursuant to 25 Pa. Code, Chapter 93, shall not change any biological,
chemical, or physical characteristics, including volume, rate, velocity,
course, current, cross section, or temperature of the waters, unless
the activity is specifically permitted in accordance with the environmental
laws of the commonwealth.
E.
Drainage plan contents.
(1)
The drainage plan shall consist of a general description of the project including sequencing items described in § 189-10D, calculations, maps and plans. A note on the maps shall refer to the associated computations and erosion and sedimentation control plan by title and date. The cover sheet of the computations and erosion and sedimentation control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the Borough in a format that is clear, concise, legible, neat and well organized; otherwise, the drainage plan shall be disapproved and returned to the applicant.
(2)
The following items shall be included in the drainage plan:
(a)
General:
[2]
General description of the permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
[3]
Complete hydrologic, hydraulic and structural computations for
all stormwater management facilities.
[4]
An erosion and sediment control plan, including all reviews
and approvals by the Conservation District.
[5]
A general description of nonpoint source pollution controls.
[6]
Regulated activities that create disconnected impervious areas
smaller than 1,000 square feet are exempt from the peak rate control
and the SWM site plan preparation requirements of this article.
(b)
Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch or thirty-inch by forty-two-inch sheets and shall
be prepared in a form that meets the requirements for recording in
the offices of the Recorder of Deeds in and for Berks County. The
contents of the maps(s) shall include, but not be limited to:
[1]
The location of the project relative to highways, municipalities
or other identifiable landmarks.
[2]
Existing contours at intervals of two feet. In areas of steep
slopes (greater than 15%), five-foot contour intervals may be used.
[3]
Existing streams, lakes, ponds or other bodies of water within
the project area.
[4]
Other physical features, including flood hazard boundaries,
sinkholes, streams, stream buffers, existing drainagecourses, areas
of natural vegetation to be preserved and the total extent of the
upstream area draining through the site.
[5]
The locations of all existing and proposed utilities, sanitary
sewers and water lines within 50 feet of property lines.
[6]
An overlay showing soil names and boundaries.
[7]
Limits of earth disturbance, including the type and amount of
impervious area that would be added.
[8]
Proposed structures, roads, paved areas and buildings.
[9]
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
[10]
The name of the development, the name and address
of the owner of the property and the name of the individual or firm
preparing the plan.
[11]
The date of submission.
[12]
A graphic and written scale of one inch equals
no more than 50 feet; for tracts of 20 acres or more, the scale shall
be one inch equals no more than 100 feet.
[13]
A North arrow.
[14]
The total tract boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
[15]
Existing and proposed land use(s).
[16]
A key map showing all existing man-made features
beyond the property boundary that would be affected by the project.
[17]
Horizontal and vertical profiles of all open channels,
including hydraulic capacity.
[18]
Overland drainage paths.
[19]
A fifteen-foot-wide access easement around all
stormwater management facilities that would provide ingress to and
egress from a public right-of-way.
[20]
A note on the plan indicating the location and
responsibility for maintenance of stormwater management facilities
that would be located on/off site. All on/off site facilities shall
meet the performance standards and design criteria specified in this
article.
[21]
A construction detail of any improvements made
to sinkholes and the location of all notes to be posted, as specified
in this article.
[22]
A statement, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that can
be altered or removed only after approval of a revised plan by the
Borough and the Conservation District.
[23]
The following signature block for the Borough
Engineer:
"I, (Borough Engineer), on this date (date of signature), have
reviewed and hereby certify that the drainage plan meets all design
standards and criteria of the Sacony Creek Watershed Stormwater Management
Regulations."
|
[24]
The location of all erosion and sedimentation
control facilities.
[25]
The following signature block for the Design Engineer:
"I, (Design Engineer), on this date (date of signature), hereby
certify that the Drainage Plan meets all design standards and criteria
of the Sacony Creek Watershed Act 167 Stormwater Management Ordinance."
|
(c)
Supplemental information.
[1]
A written description of the following information shall be
submitted:
[a]
The overall stormwater management concept for the project designed in accordance with § 189-10D.
[b]
Stormwater runoff computations as specified in
this article.
[c]
Stormwater management techniques to be applied,
both during and after development.
[d]
Expected project time schedule.
[e]
Development stages (project phases) if so proposed.
[f]
An operation and maintenance plan in accordance with § 189-11E(2)(e), of this article.
[2]
A soil erosion and sedimentation control plan, where applicable,
including all reviews and approvals, as required by PA DEP.
[3]
A geologic assessment of the effects of runoff on sinkholes
as specified in this article.
[4]
The effect of the project (in terms of runoff volumes and peak
flows) on adjacent properties and on any existing municipal stormwater
collection system that may receive runoff from the project site.
[5]
A declaration of adequacy and highway occupancy permit from
the PENNDOT district office when utilization of a PENNDOT storm drainage
system is proposed.
(d)
Stormwater management facilities.
[1]
All stormwater management facilities must be located on a plan
and described in detail.
[2]
When groundwater recharge methods, such as seepage pits, beds
or trenches, are used, the locations of existing and proposed septic
tank infiltration areas and wells must be shown.
[3]
All calculations, assumptions and criteria used in the design
of the stormwater management facilities must be shown.
(e)
Responsibilities for operations and maintenance of stormwater
controls and BMPs.
[1]
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a stormwater
control and BMP operations and maintenance plan which describes how
the permanent (e.g., post-construction) stormwater controls and BMPs
will be properly operated and maintained.
[2]
The following items shall be Included in the stormwater control
and BMP operations and maintenance plan:
[a]
Map(s) of the project area, in a form that meets
the requirements for recording at the offices of the Recorder of Deeds
of Berks County. The contents of the map(s) shall include, but not
be limited to:
[i]
Clear identification of the location and nature
of permanent stormwater controls and BMPs;
[ii]
The location of the project site relative to highways,
municipal boundaries or other identifiable landmarks;
[iii]
Existing and final contours at intervals of two
feet or others as appropriate;
[iv]
Existing streams, lakes, ponds, or other bodies
of water within the project site area;
[v]
Other physical features, including flood hazard
boundaries, sinkholes, streams, existing drainagecourses, and areas
of natural vegetation to be preserved;
[vi]
The locations of all existing and proposed utilities,
sanitary sewers, and water lines within 50 feet of property lines
of the project site;
[vii]
Proposed final changes to the land surface and
vegetative cover, including the type and amount of impervious area
that would be added;
[viii]
Proposed final structures, roads, paved areas,
and buildings; and
[ix]
A fifteen-foot wide access easement around all
stormwater controls and BMPs that would provide ingress to and egress
from a public right-of-way.
[b]
A description of how each permanent stormwater
control and BMP will be operated and maintained, and the identity
of the person(s) responsible for operations and maintenance;
[c]
The name of the project site, the name and address
of the owner of the property, and the name of the individual or firm
preparing the plan; and
[d]
A statement, signed by the landowner, acknowledging
that the stormwater controls and BMPs are fixtures that can be altered
or removed only after approval by the municipality.
[3]
The stormwater control and BMP operations and maintenance plan
for the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs, as follows:
[a]
If a plan includes structures or lots which are
to be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the municipality, stormwater controls
and BMPs may also be dedicated to and maintained by the municipality.
[b]
If a plan includes operations and maintenance by
a single ownership, or if sewers and other public improvements are
to be privately owned and maintained, then the operation and maintenance
of stormwater controls and BMPs shall be the responsibility of the
owner or private management entity.
[4]
The municipality shall make the final determination on the continuing
operations and maintenance responsibilities. The municipality reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
(f)
Municipality review of stormwater control and BMP operations
and maintenance plan.
[1]
The municipality shall review the stormwater control and BMP
operations and maintenance plan for consistency with the purposes
and requirements of this article, and any permits issued by DEP.
[2]
The municipality shall notify the applicant in writing whether
the Stormwater Control and BMP operations and maintenance plan is
approved.
[3]
The municipality may require a record drawing of all stormwater
controls and BMPs, and an explanation of any discrepancies with the
operations and maintenance plan.
F.
Plan submission. For all activities regulated by this article, the
steps below shall be followed for submission. For any activities that
require an NPDES permit for stormwater discharges from construction
activities, a PA DEP joint permit application and are regulated under
Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain
Management) of PA DEP's Rules and Regulations, require a PENNDOT highway
occupancy permit or require any other permit under applicable state
or federal regulations, the permits) shall be part of the plan.
G.
Drainage plan review.
(1)
The Borough Engineer shall review the drainage plan for consistency
with the adopted Sacony Creek Watershed Act 167 Stormwater Management
Plan. The Borough shall require receipt of a complete plan as specified
in this article.
(3)
For activities regulated by this article, the Borough Engineer shall
notify the Borough, in writing, within 30 calendar days, whether the
drainage plan is consistent with the stormwater management plan. Should
the drainage plan be determined to be consistent with the stormwater
management plan, the Borough Engineer will forward an approval letter
to the Borough Secretary and/or designated representative with a copy
to the developer. Should the drainage plan be determined to be inconsistent
with the stormwater management plan, the Borough Engineer will forward
a disapproval letter to the Borough Secretary and/or designated representative
and developer citing the reason(s) for the disapproval. Any disapproved
drainage plans may be revised by the developer and resubmitted consistent
with this article.
(4)
For regulated activities defined by § 189-4 of this article, which require a building permit, the Borough Engineer shall notify the Borough Code Official, in writing, within a time frame consistent with the building regulations and/or Borough Subdivision and Land Development Regulations,[3] whether the drainage plan is consistent with the stormwater
management plan and forward a copy of the approval/disapproval letter
to the developer. Any disapproved drainage plan may be revised by
the developer and resubmitted consistent with this article.
[Amended 8-17-2010 by Ord. No. 5-2010]
(5)
For regulated activities under this article that require an NPDES
permit application, the applicant shall forward a copy of the municipality's
letter stating that the drainage plan is consistent with the stormwater
management plan to the Conservation District. The DEP and the Conservation
District may consider the municipality's review comments in determining
whether to issue a permit.
(6)
The Borough shall not approve any subdivision or land development for regulated activities defined by § 189-4 of this article if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough Engineer. All required permits from the PA DEP must be obtained prior to approval.
[Amended 8-17-2010 by Ord. No. 5-2010]
(7)
The Borough Code Official shall not approve a building permit application for any regulated activity defined by § 189-4 of this article if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough Engineer, or without considering the comments of the Borough Engineer. All required permits from the PA DEP must be obtained prior to issuance of a building permit.
[Amended 8-17-2010 by Ord. No. 5-2010]
(8)
The developer shall be responsible for completing an as-built lar
survey of all stormwater management facilities included in the approved
drainage plan. The as-built Mylar survey and an explanation of any
discrepancies with the design plans shall be submitted to the Borough
Engineer for final approval. In no case shall the Borough approve
the as-built survey until the Borough receives a copy of an approved
declaration of adequacy, highway occupancy permit from the PENNDOT
district office, and any applicable permits from the PA DEP.
(9)
The Borough's approval of a drainage plan shall be valid for a period not to exceed one year. This one-year time period shall commence on the date that the Borough signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if an as-built survey of these facilities has not been approved within this one-year time period, then the Borough may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Borough shall be resubmitted in accordance with Subsection I of this section.
H.
Modification of plans.
(1)
A modification to a submitted drainage plan for a development site that involves a change in stormwater management facilities or techniques or that involves the relocation or redesign of stormwater management facilities or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Borough Engineer shall require a resubmission of the modified drainage plan consistent with Subsection F of this section and be subject to review as specified in Subsection G of this section.
(2)
A modification to an already approved or disapproved drainage plan
shall be submitted to the Borough, accompanied by the applicable review
fee. A modification to a drainage plan for which a formal action has
not been taken by the Borough shall be submitted to the Borough, accompanied
by the applicable Borough review fee.
I.
Resubmission of disapproved drainage plans. A disapproved drainage plan may be resubmitted, with the revisions addressing the Borough Engineer's concerns documented, in writing, to the Borough Engineer in accordance with Subsection F of this section and be subject to review as specified in Subsection G of this section. The applicable Borough review fee must accompany a resubmission of a disapproved drainage plan.
A.
The Borough Engineer or his assignee shall inspect all phases of
the installation of the permanent stormwater management facilities.
B.
During any stage of the work, if the Borough Engineer determines
that the permanent stormwater management facilities are not being
installed in accordance with the approved stormwater management plan,
the Borough shall revoke any existing permits and, if required, issue
a stop-work order effective until a revised drainage plan is submitted
and approved, as specified in this article.
C.
A final inspection of all stormwater management facilities shall
be conducted by the municipality or its designee and to confirm compliance
with the approved drainage plan prior to the issuance of any occupancy
permit.
A.
General. The fees required by this article are the Borough review
fees. The Borough review fee shall be established by the Borough to
defray review costs incurred by the Borough and the Borough Engineer.
All fees shall be paid by the applicant. The fee schedule shall be
adopted from time to time by resolution.
B.
Borough drainage plan review fees. The Borough shall establish a
review fee schedule based on the size of the regulated activity and
based on the Borough's costs for reviewing drainage plans. The Borough
shall periodically update the review fee schedule to ensure that review
costs are adequately reimbursed.
C.
Expenses covered by fees. The fees required by this article shall
provide for the following:
(1)
Administrative costs.
(2)
The review of the drainage plan, including drainage easements, by
the Borough and its engineers and preparation of a written report.
(3)
The site inspections.
(4)
The inspection of stormwater management facilities and drainage improvements
during construction and preparation of written reports.
(5)
The final inspection upon completion of the stormwater management
facilities and drainage improvements presented in the drainage plan
and preparation of a letter of acceptance and/or dedication.
(6)
Any additional work required to enforce any permit provisions regulated
by this article, to correct violations and to assure proper completion
of stipulated remedial actions and perpetual maintenance of facilities.
A.
Performance guaranty.
(1)
The applicant shall provide security to the Borough for the timely
installation and proper construction of all stormwater management
controls as required by the approved stormwater plan and this article
equal to 110% of the full construction cost of the required controls,
as well as administrative, legal and engineering fees.
(2)
For other regulated activities, the municipality may require a financial
guaranty from the applicant.
(3)
At the completion of the project, and as a prerequisite for the release
of the performance guaranty the applicant or his representatives shall:
(4)
After the municipality receives the certification, a final inspection
shall be conducted by the municipality or designee to certify compliance
with this article.
B.
Adherence to approved stormwater control and BMP operations and maintenance
plan. It shall be unlawful to alter or remove any permanent stormwater
control and BMP required by an approved stormwater control and BMP
operations and maintenance plan, or to allow the property to remain
in a condition which does not conform to an approved stormwater control
and BMP operations and maintenance plan.
C.
Operations and maintenance agreement for privately owned stormwater
controls and facilities.
(1)
Prior to final approval of the site's stormwater management plan,
the property owner shall sign and record an operations and maintenance
agreement with the Borough covering all stormwater control facilities
and BMPs which are to be privately owned. The agreement shall be substantially
the same as the agreement in Appendix A[1] of this article.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(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 Borough
Solicitor and Borough Council. All legal, administrative and engineering
costs incurred by the Borough associated with the agreement or its
enforcement shall be the responsibility of the owner.
D.
Stormwater management easements.
(1)
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the municipality.
(2)
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Subsection C.
E.
Recording of approved stormwater control and BMP operations and maintenance
plan and related agreements.
(1)
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed or implemented, as described in the
stormwater control and BMP operations and maintenance plan, shall
record the following documents in the Office of the Recorder of Deeds
for Berks County, within 15 days of approval of the stormwater control
and BMP operations plan by the municipality:
(2)
The Borough may suspend or revoke any approvals granted for the project
site upon discovery of the failure of the owner to comply with this
section.
F.
Borough stormwater control and BMP operation and maintenance fund.
(1)
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Borough Stormwater Maintenance Fund
to help defray costs of periodic inspections and maintenance expenses.
The amount of the deposit shall be determined as follows:
(a)
If the stormwater control or BMP is to be privately owned and
maintained, the deposit shall cover the cost of periodic inspections
performed by the Borough for a period of 10 years, as estimated by
the Borough Engineer. After that period of time, inspections will
be performed at the expense of the Borough.
(b)
If the stormwater control or BMP is to be owned and maintained
by the Borough, the deposit shall cover the estimated costs for maintenance
and inspections for 10 years. The Borough Engineer will establish
the estimated costs utilizing information submitted by the applicant.
(c)
The amount of the deposit to the fund shall be converted to
present worth of the annual series values. The Borough Engineer, after
research and consultation, shall determine the present worth equivalents
which shall be subject to the approval of the Borough Council.
(2)
If a stormwater control or BMP is proposed that also serves as a
recreation facility (e.g., ballfield, lake), the Borough may reduce
or waive the amount of the maintenance fund deposit based upon the
value of the land for public recreation purpose.
(3)
If, at some future time, a stormwater control or BMP (whether publicly
or privately owned) is eliminated due to the installation of storm
sewers or other storage facility, the unused portion of the maintenance
fund deposit will be applied to the cost of abandoning the facility
and connecting to the storm sewer system or other facility. Any amount
of the deposit remaining after the costs of abandonment are paid will
be returned to the depositor.
(4)
If stormwater controls or BMPs are accepted by the municipality for
dedication, the municipality may require persons installing stormwater
controls or BMPs to pay a specified amount to the municipal Stormwater
Control and BMP Operation and Maintenance Fund, to help defray costs
of operations and maintenance activities. The amount may be determined
as follows:
(5)
[2]Long-term maintenance. The municipality shall require applicants
to pay a fee to the Municipal Stormwater Maintenance Fund to cover
long-term maintenance of stormwater control and best management practices.
(6)
Stormwater related problems. The municipality may require applicants
to pay a fee to the Municipal Stormwater Maintenance Fund to cover
stormwater-related problems which may arise from the land development
and earth disturbance.
G.
Post-construction maintenance inspections.
(1)
Basins should be inspected by the land owner/developer or responsible
entity (including the Borough Engineer for dedicated facilities) on
the following basis:
(2)
The entity conducting the inspection should be required to submit
a report to the Borough regarding the condition of the facility and
recommending necessary repairs, if needed.
A.
Right-of-entry.
(1)
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this article.
(2)
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the municipality ready access to all parts of
the premises for the purposes of determining compliance with this
article.
(3)
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater control or BMP in the municipality
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
(4)
Unreasonable delays (more than 24 hours) in allowing the municipality
access to a stormwater control or BMP is a violation of this article.
B.
Notification. In the event that a person fails to comply with the
requirements of this article or fails to conform to the requirements
of any permit issued hereunder, the Borough shall provide written
notification of the violation. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of these violation(s). Failure to comply within the time specified
shall subject such person to the penalty provisions of this article.
All such penalties shall be deemed cumulative. The Borough shall have
the right to pursue any administrative and/or judicial remedy available
to it in addition to the specific remedies set forth herein. It shall
be the responsibility of the owner of the real property on which any
regulated activity is proposed to occur, is occurring or has occurred
to comply with the terms and conditions of this article.
D.
Enforcement generally.
(1)
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this article, the municipality
may order compliance by written notice to the responsible person.
Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of prohibited connections or discharges;
(c)
Cessation of any violating discharges, practices, or operations;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
(f)
The implementation of stormwater controls and BMPs; and
(g)
Operation and maintenance of stormwater controls and BMPs.
(2)
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee and the expense
thereof shall be charged to the violator.
(3)
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this article. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
E.
Suspension and revocation of permits and approvals.
(1)
Any building, land development or other permit or approval issued
by the municipality may be suspended or revoked, in whole or in part,
by the municipality for:
(a)
Noncompliance with or failure to implement any provision of
the permit;
(b)
A violation of any provision of this article; or
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
(2)
A suspended permit or approval may be reinstated by the municipality,
in whole or in part, when:
(3)
A permit or approval which has been revoked in whole or in part by
the municipality cannot be reinstated. The applicant may apply for
a new permit under the procedures outlined in this article.
F.
Liability disclaimer.
(1)
Neither the granting of any approval nor the compliance with the
provisions of this article or with any condition imposed by the Borough,
its officials, employees or designated representatives 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 Borough, its officials, employees or
designated representatives.
(2)
The granting of any permit which includes any stormwater management
requirements shall not constitute a representation, guaranty or warranty
of any kind by the Borough, its officials, employees or designated
representatives thereof of the practicability or safety of any stormwater
structure or facility, use or other plan proposed and shall create
no liability or cause of action against the Borough, its officials,
employees or designated representatives for any damage that may result.
G.
Penalties.
(1)
Any person who has violated any provisions of this article shall,
upon a judicial determination thereof, be subject to civil judgment
for each such violation of not more than $1,000 nor less than $500,
plus costs of suit. Each day that a violation occurs shall constitute
a separate offense. All fines resulting from a civil judgment shall
be paid to the Borough.
(2)
In addition, the Borough may issue stop-work orders, seek injunctive,
mandamus or any other appropriate relief or proceeding at law or in
equity for the enforcement of this article.
H.
Enforcement. The municipal governing body is hereby authorized and
directed to enforce all of the provisions of this article. All inspections
regarding compliance with the drainage plan shall be the responsibility
of the municipality or other qualified persons designated by the municipality.
(1)
A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by the municipality or designee during
construction.
(2)
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity defined by § 189-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this article. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this article or to allow the property to remain in a condition which does not conform to the approved drainage plan.
[Amended 8-17-2010 by Ord. No. 5-2010]
(3)
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(4)
After receipt of the certification by the municipality, a final inspection
shall be conducted by the municipality or designated representative
to certify compliance with this article.
(5)
Prior to revocation or suspension of a permit and at the request
of the applicant, the governing body will schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health or property. The expense of a hearing shall be the owner's
responsibility.
(6)
Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to § 189-15H(3)(a) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.
I.
Appeals. Any person aggrieved by any decision of the Borough of Kutztown
Council may appeal to the County Court of Common Pleas of Berks County,
Pennsylvania, within 30 days of that decision.
J.
Effective date. This article shall be in force and effect on the
earliest date allowed by law.
A.
Prohibited discharges and connections.
(1)
Any drain or conveyance, whether on the surface or subsurface, which
allows any non-stormwater discharge including sewage, process wastewater,
and wash water to enter the waters of this commonwealth is prohibited.
(2)
No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except as provided in Subsection A(3) below, and discharges allowed under a state or federal permit.
[Amended 8-17-2010 by Ord. No. 5-2010]
(3)
The following discharges are authorized unless they are determined
to be significant contributors to pollution to the waters of this
commonwealth:
(a)
Discharges from fire-fighting activities.
(b)
Potable water sources, including water line flushing.
(c)
Irrigation drainage.
(d)
Air conditioning condensate.
(e)
Springs.
(f)
Water from crawl space pumps.
(g)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(h)
Flows from riparian habitats and wetlands.
(i)
Uncontaminated water from foundations or from footing drains.
(j)
Lawn watering.
(k)
Dechlorinated swimming pool discharges.
(l)
Uncontaminated groundwater.
(m)
Water from individual residential car washing.
(n)
Routine external building wash down (which does not use detergents
or other compounds).
(4)
In the event that the municipality or DEP determines that any of the discharges identified in Subsection A(3) significantly contribute to pollution of the waters of this commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.
[Amended 8-17-2010 by Ord. No. 5-2010]
B.
Roof drains. Roof drains and sump pumps shall discharge to infiltration
or vegetative BMPs and to the maximum extent practicable satisfy the
criteria for disconnected impervious areas.
C.
Alteration of SWM BMPs. No person shall modify, remove, fill, landscape,
or alter any SWM BMPs, facilities, areas, or structures, without the
written approval of the municipality.