[Ord. 2013-499, 7/10/2013]
1. 
All regulated activities and erosion and sediment control BMPs within the Borough shall be designed, implemented, operated and maintained to meet the purposes of this Chapter, through these two elements:
A. 
Erosion and sediment control during earth disturbance activities (e.g., during construction); and
B. 
Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance. These measures are also referred to in this Chapter as "stormwater management plan."
2. 
No regulated activities within the Borough shall commence until the requirements of this Chapter are met and the Borough issues a written approval of the stormwater management plan demonstrating compliance with the requirements of this Chapter. Stormwater management plans shall be on site throughout the duration of the regulated activity.
3. 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated or otherwise altered without prior written notification by the owner or developer to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this Chapter.
4. 
Erosion and sediment control during regulated activities shall be addressed as required by § 19-402.
5. 
Postconstruction water quality protection shall be addressed as required by § 19-403. Operations and maintenance of permanent stormwater BMPs shall be addressed as required by §§ 19-404 through 19-507.
6. 
All best management practices (BMPs) used to meet the requirements of this Chapter shall conform to the Commonwealth's water quality requirements and any more stringent requirements as determined by Borough Council upon recommendation of the Borough Engineer.
7. 
Techniques described in Appendix B (Low-Impact Development Practices) of this Chapter are encouraged because they reduce the costs of complying with the requirements of this Chapter and the Commonwealth's water quality requirements.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this Chapter.
8. 
The following requirements shall be followed and incorporated into the development review and construction process:
A. 
Design. The choice and design of stormwater management systems used to meet the requirements of this Chapter shall be based on the system types and specifications set forth in the Pennsylvania Handbook of Best Management Practices for Developing Areas, published by the Commonwealth of Pennsylvania, as amended and updated, and shall satisfy the requirements of the Borough Subdivision and Land Development Ordinance (Chapter 22), as amended from time to time. The use of other control methods that satisfy the criteria required by this Chapter may be permitted if approved by Borough Council upon recommendation of the Borough Engineer. Various combinations of methods shall be utilized that are tailored to suit the particular requirements of the type of development and local site conditions.
[Amended by Ord. 2014-505, 2/12/2014]
B. 
The choice and design of stormwater management systems shall be developed through a procedure that locates and selects best management practices, viewing components in the following order of priority:
(1) 
Seeking to control runoff at its source through infiltration;
(2) 
Improving the quality of the stormwater during conveyance; and
(3) 
Providing for detention.
C. 
Qualified Professional. The selection of a competent and creative design engineer by the applicant is critical to the success of using best management practices. In order to achieve the required standards and benefit from construction and maintenance cost reductions intended by this Chapter, additional time and money are required during the preliminary engineering and design process. The stormwater management plan must be reviewed and approved by the Borough Engineer to assure compliance with the technical requirements of this Chapter.
D. 
Public Safety. The applicant or applicant's agent shall design, construct and/or install drainage facilities to prevent soil erosion, damage and siltation and to manage stormwater in order to prevent the impairment of public safety or physical damage due to concentration of the stormwater runoff onto adjacent properties in accordance with this Chapter and applicable rules and regulations of the Pennsylvania Department of Environmental Protection (DEP) and the Montgomery County Conservation District (MCCD).
E. 
Reduce Flooding. No stormwater runoff or drainage area shall be so diverted as to overload existing drainage systems or existing stormwater facilities or to create flooding. All land areas shall be graded to secure proper drainage away from buildings and on-site sewage disposal systems and to prevent the uncontrolled collection of stormwater in pools. The system shall be designed to collect and recharge water to the greatest extent possible.
F. 
Manage Volume Runoff. The rate of stormwater runoff from any proposed subdivision or land development shall not exceed the rate of runoff prior to development. Requirements are outlined in this Chapter for the design of stormwater management systems that incorporate groundwater recharge as an essential element in order to control quantity of discharge. The distribution of drainage discharge from the developed properties shall replicate that of before development conditions to the maximum extent possible. The methodology and facilities used shall be based on the anticipated flows and conditions of each particular site.
G. 
Manage Peak Flows. The stormwater management plan for each subdivision or land development proposal shall take into account and provide for the peak rate and volume flows of other areas in the watershed to ensure that cumulative problems are not increased as a result of flows from the proposed project. This analysis shall also explore possibilities to share stormwater management facilities with other areas in the watershed, in which case consultation with the Borough shall be required prior to design.
H. 
Stormwater Conveyance. Recharge facilities, detention facilities, storm sewers, culverts, bridges and related drainage installation shall be designed and constructed to meet the following purposes:
(1) 
To permit unimpeded flow of natural watercourses. Such flow may be redirected as required, subject to the approval of the Pennsylvania Department of Environmental Protection;
(2) 
To insure adequate drainage of all low points as may be related to streets;
(3) 
To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained to prevent flow of stormwater across intersections during the design storm;
(4) 
To insure adequate and unimpeded flow of stormwater under driveways in, near, or across natural watercourses or drainage swales. Properly sized pipes or other conduits shall be provided as necessary;
(5) 
To prevent excessive flow on or across streets, sidewalks, drives, parking areas and any other paved surface or accessway;
(6) 
To lead stormwater away from springs; and
(7) 
To insure storm outfalls have capacity to receive stormwater without deterioration of the structure and/or facility and without adversely affecting property in the Borough.
I. 
Road Drainage. The storm drainage system serving the street shall be designed to collect water at any point where three cubic feet per second to five cubic feet per second is accumulated, and the bottom of all vertical grades, and immediately upgrade all street intersections. The system shall discharge any collected water which is not recharged into the nearest practical natural drainage channel or stormwater system.
J. 
Preservation of Waterways. All natural streams, channels, swales, drainage systems, and/or areas of concentration of surface water shall be maintained in their existing condition, unless alteration is approved by the Borough. In any event, all encroachment activities shall comply with Chapter 105 of the Commonwealth of Pennsylvania's Department of Environmental Protection Dam Safety and Waterway Management Rules and Regulations.[2]
(1) 
Man-made structures shall be kept to a minimum, and bridges, culverts, or riprap shall be constructed to maintain natural characteristics of the stream and shall require the approval of the Borough upon recommendation of the Borough Engineer.
(2) 
For the purpose of this Section, streams and intermittent streams are defined as those watercourses depicted on the Borough Zoning Map, the USGS Quadrangle maps of the area, and/or determined as such pursuant to an on-site survey by the Borough or its duly authorized representatives.
(3) 
The Borough may require a developer to grant to Red Hill Borough a permanent drainage easement in form and substance acceptable to the Borough Solicitor along any watercourse location within or along the boundary of any property being subdivided or developed. The purpose of any such easement shall be for the inspection and/or maintenance of the channel of any watercourse. The required width of any such easement shall be determined by the Borough upon recommendation of the Borough Engineer.
[2]
Editor's Note: See 25 Pa. Code Chapter 105.
K. 
Detention Areas. Retention/detention basins shall be designed to utilize the natural contours of the land. When such design is impracticable, the construction of the basin design shall utilize slopes as shallow as possible to blend the structures into the existing terrain. The use of multiple retention/detention facilities, which are smaller and less intrusive on the site, is encouraged to meet the requirements of this Part.
L. 
Water Bodies. All areas containing lakes, ponds, wetlands and watercourses shall be considered to be reserved for permanent open space. Any alteration, development, filling, piping, or diverting of such water resources shall be in strict compliance with the provisions of the Zoning Code,[3] especially those pertaining to the Flood Hazard District, and all prevailing rules and regulations of federal and state agencies. The Borough recognizes the use of wetlands as potential components of stormwater management facilities and encourages such innovative use if assurances are met that conservation measures are adequate and that all federal and state requirements are satisfied.
[3]
Editor's Note: See Chapter 27, Zoning.
M. 
Corrective Measures for Existing Drainage Issues. The Borough may require that a landowner or developer provide reasonable corrective measures to alleviate any existing off-site drainage problem which may be affected by the proposed subdivision and/or land development. It shall be the responsibility of the landowner or developer to obtain all drainage easements on, over, or through other properties, and the Borough, its agents, workmen, and employees shall be indemnified and held harmless from any liability.
N. 
Discharge of Storage Water. Any water originating from a collection source, such as swimming pools, air conditioning units, sump pumps, or other similar flow, shall be properly discharged into a recharge facility, surface or subsurface stormwater conveyance system, natural water course on the property or discharged to a BMP for treatment, as may be approved by the Borough.
[Amended by Ord. No. 2021-576, 10/13/2021]
(1) 
Polluting matter and chemically treated water from such sources may not be deposited into natural watercourses or storm drains.
(2) 
Water treated with chlorine from swimming pools or other similar uses shall be pretreated to remove the chemical to acceptable limits prior to discharge.
(3) 
Any water originating from a collection source, as referenced above, shall not be discharged onto any street or other public right-of-way used for pedestrian or vehicular access.
O. 
Roof Drains. Roof runoff shall be properly discharged into storm drainage areas on the property. A direct connection of roof drains to the Borough's storm sewer system is prohibited unless approved by the Borough upon recommendation of the Borough Engineer. Discharge from roof drains over a sidewalk, into a driveway, over a parking area or into curb gutters is not permitted.
(1) 
Groundwater recharge requirements encourage roof runoff to be discharged above ground into a vegetated surface.
P. 
Underdrain Systems. All building foundations, grade slabs, and cellar floors located in soils that have a community development limitation degree of moderate to severe seasonable high water table (as defined in the Montgomery County Soil Survey) shall be provided with an underdrain system. This system shall provide for drainage of the enclosed volume above the slab and relief of subsurface water to a depth of not less than 18 inches below the slab or foundation field of the herringbone or gridiron configuration in coarse, gravel-filled trenches that are in direct contact with the slab or foundation subbase. The excavation shall provide a minimum of 0.05 foot/foot slopes to the gravel-filled trenches.
Q. 
Pretreatment of Storm Runoff. To mitigate the potential polluting of surface waters and groundwaters by pollutants such as salt, petroleum products, and antifreeze flowing from paved parking lots, pretreatment of the runoff shall be required. The extent of the treatment shall be set by the Borough Engineer and will be determined by such factors as the area of the parking lot and the course of the runoff as it is recharged or flows into natural waterways.
R. 
Stormwater Maintenance. A permanent blanket access easement in form and substance acceptable to the Borough Solicitor shall be provided for inspection, maintenance, repair, and replacement of and to the stormwater management facilities. Accessways to stormwater management facilities and structures on the property shall be free from obstructions and suitable for maintenance equipment and personnel.
(1) 
Maintenance of the easement area and stormwater management facilities shall be the responsibility of the property owner.
(2) 
A homeowners' association or other entity approved by Borough Council may assume responsibility for maintenance of the access easement area and stormwater management facilities, upon prior approval of the Red Hill Borough Council. The maintenance agreement shall be approved by Borough Council, upon advice of the Borough Solicitor, and shall be recorded at the property owner's expense in the Office of the Montgomery County Recorder of Deeds.
(3) 
To provide postconstruction maintenance provisions in compliance with § 19-404, General Requirements for Drainage Plans and Stormwater BMP Operation and Maintenance Plans.
[Ord. 2013-499, 7/10/2013]
The following permit requirements shall be satisfied prior to the commencement or modification of earth disturbance activities, as applicable:
A. 
All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
B. 
Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 105.
C. 
Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
D. 
Any stormwater management facility that would be located on a state highway right-of-way, or require access from a state highway, shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).
E. 
Culverts, bridges, storm sewers and any other facilities which must pass or convey flows from the tributary area or any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
[Ord. 2013-499, 7/10/2013]
1. 
The applicant shall be exempt from submitting a full stormwater management plan, in accordance with the requirements of this Chapter, for the activities identified below but shall instead be required to submit a stormwater management plan in accordance with the provisions of Subsection B below. Project exemption shall not replace or modify the intent of this Chapter, which is for the applicant to provide adequate stormwater management, as approved by the Borough upon advice of the Borough Engineer.
A. 
Land disturbance associated with an existing one- or two-story dwelling shall be exempt.
B. 
Land disturbance associated with a proposed one- or two-story dwelling that is not to be located in a subdivision shall be exempt.
C. 
Any land disturbance and/or grading activities resulting in additional impervious cover of less than 10,000 square feet shall be exempt.
2. 
An applicant with an exempt activity, as listed in Subsection A above, shall provide the following plan information:
A. 
Identify stormwater management techniques to be utilized and related maintenance tasks.
B. 
Prepare a plan showing the location, dimensions and general features of the proposed stormwater measures. The plan shall be prepared at the applicant's expense by a licensed professional engineer knowledgeable in stormwater management and erosion and sedimentation controls.
C. 
The stormwater management plan shall be approved by the Borough, upon advice of the Borough Engineer, prior to the issuance of any building or zoning permit.
3. 
No exemption from the stormwater management plan requirements shall be provided for any regulated activities.
[Ord. 2013-499, 7/10/2013]
Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings or revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Borough purporting to validate such a violation.