A. 
For all regulated activities, unless specifically exempted in § 310-12 of this chapter:
(1) 
Preparation and implementation of an approved SWM site plan is required.
(2) 
No regulated activities shall commence until the Borough issues written approval of a SWM site plan which demonstrates compliance with the requirements of this chapter.
(3) 
The SWM site plan shall demonstrate that adequate capacity will be provided to meet the volume and rate control requirements, as described under §§ 310-13 and 310-14 of this chapter.
(4) 
The SWM site plan approved by the Borough, shall be on-site throughout the duration of the regulated activities.
B. 
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code (including, but not limited to, Chapter 102, Erosion and Sediment Control) and the Clean Streams Law.[1] Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-008 (April 15, 2000), as amended and updated.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
For all regulated activities, stormwater BMPs shall be designed, installed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law,[2] conform to the state water quality requirements, meet all requirements under the Stormwater Management Act[3] and any more stringent requirements as determined by the Borough.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
D. 
The Borough may, after consultation with PADEP and/or LCCD, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.
E. 
All regulated activities shall include, to the maximum extent practicable, measures to:
(1) 
Protect health, safety, and property.
(2) 
Meet the water quality goals of this chapter by implementing measures to:
(a) 
Minimize disturbance to floodplains, wetlands, natural slopes, existing native vegetation and woodlands.
(b) 
Create, maintain, or extend riparian buffers and protect existing forested buffers.
(c) 
Provide trees and woodlands adjacent to impervious areas whenever feasible.
(d) 
Minimize the creation of impervious surfaces and the degradation of waters of the commonwealth and promote groundwater recharge.
(e) 
Protect natural systems and processes (drainageways, vegetation, soils, and sensitive areas) and maintain, as much as possible, the natural hydrologic regime.
(f) 
Incorporate natural site elements (wetlands, stream corridors, mature forests) as design elements.
(g) 
Avoid erosive flow conditions in natural flow pathways.
(h) 
Minimize soil disturbance and soil compaction.
(i) 
Minimize thermal impacts to waters of the commonwealth.
(j) 
Disconnect impervious surfaces by directing runoff to pervious areas wherever possible, and decentralize and manage stormwater at its source.
(3) 
Applicants are encouraged to incorporate the techniques for low-impact development practices described in the "Pennsylvania Stormwater Best Management Practices Manual (BMP Manual)" to reduce the costs of complying with the requirements of this chapter and the state water quality requirements.
(4) 
If methods other than green infrastructure and low impact development (LID) methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
[Added 9-13-2022 by Ord. No. 819]
F. 
Impervious areas.
(1) 
The measurement of impervious areas shall include all of the impervious areas in the total proposed development, even if development is to take place in stages.
(2) 
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.
(3) 
For projects that add impervious area to a developed parcel, the new impervious area is subject to the requirements of this chapter; and any existing impervious area that is within the new proposed limit of disturbance is also subject to the requirements of this chapter.
G. 
If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant 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.
(1) 
Applicant must provide an executed easement for newly concentrated flow across adjacent properties.
H. 
Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities or open channels consistent with this chapter.
I. 
Where watercourses traverse a development site, drainage easements (with a minimum width of 20 feet) 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. Also, maintenance, including mowing of vegetation within the easement may be required, except as approved by the appropriate governing authority.
J. 
When it can be shown that, due to topographic conditions, natural drainageways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by PADEP under regulations at 25 Pa. Code Chapter 105 through the joint permit application process, or, where deemed appropriate by PADEP, through the general permit process.
K. 
Any stormwater management facilities or any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures, etc.) that are regulated by this chapter, that will be located in or adjacent to waters of the commonwealth (including wetlands), shall be subject to approval by PADEP under regulations at 25 Pa. Code Chapter 105 through the joint permit application process, or, where deemed appropriate by PADEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant 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 PADEP.
L. 
Should any stormwater management facility require a dam safety permit under PADEP Chapter 105, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety which may be required to pass storms larger than one-hundred-year event.
M. 
Any stormwater management facilities regulated by this chapter that will be located on, or discharged onto state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).
N. 
When stormwater management facilities are proposed within 1,000 feet of a downstream municipality, the stormwater analysis shall be submitted to the downstream municipality's engineer for review and comment.
O. 
Unless an alternate design is submitted to the Borough for review, and said design is prepared by a licensed (in the Commonwealth of Pennsylvania) geologist or geotechnical engineer:
(1) 
No stormwater facilities shall be placed in, over or immediately adjacent to the following features:
(a) 
Sinkholes.
(b) 
Closed depressions.
(c) 
Lineaments in carbonate areas.
(d) 
Fracture traces.
(e) 
Caverns.
(f) 
Intermittent streams.
(g) 
Ephemeral streams.
(h) 
Bedrock pinnacles (surface or subsurface).
(2) 
The minimum isolation distance from stormwater management basins to the listed geologic features shall be as follows:
(a) 
One hundred feet from the rim of sinkholes or closed depressions;
(b) 
One hundred feet from disappearing streams;
(c) 
Fifty feet from lineaments or fracture traces;
(d) 
Twenty-five feet from surface or identified subsurface pinnacles.
(3) 
Stormwater runoff from any subdivision or land development activities shall not be discharged into sinkholes unless otherwise shown.
P. 
The design of facilities over karst shall include an evaluation and implementation of measures to minimize adverse effects.
Q. 
Roof drains shall not be connected to sanitary or storm sewers. When it is more advantageous to connect directly to streets or storm sewers, then the Borough shall permit it on a case-by-case basis.
R. 
Infiltration BMPs shall be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
[Added 9-13-2022 by Ord. No. 819]
S. 
Normally dry, open-top, storage facilities shall completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.
[Added 9-13-2022 by Ord. No. 819]
T. 
The design storm volumes to be used in the analysis of peak rates of discharge shall be obtained from the latest version of the Precipitation-Frequency Atlas of the United States, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 145 can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
[Added 9-13-2022 by Ord. No. 819]
U. 
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.
[Added 9-13-2022 by Ord. No. 819]
V. 
Various BMPs and their design standards are listed in the BMP Manual Chapter 4.
[Added 9-13-2022 by Ord. No. 819]
A. 
Under no circumstance shall the applicant be exempt from implementing such measures as necessary to:
(1) 
Meet state water quality standards and requirements.
(2) 
Protect health, safety, and property.
(3) 
Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
B. 
The applicant must demonstrate that the following BMPs are being utilized to the maximum extent practicable to receive consideration for the exemptions:
(1) 
Design around and limit disturbance of floodplains, wetlands, and natural slopes over 15%, existing native vegetation, and other sensitive and special value features.
(2) 
Maintain riparian and forested buffers.
(3) 
Limit grading and maintain nonerosive flow conditions in natural flow paths.
(4) 
Maintain existing tree canopies near impervious areas.
(5) 
Minimize soil disturbance and reclaim disturbed areas with topsoil and vegetation.
(6) 
Direct runoff to pervious areas.
C. 
The applicant must demonstrate that the proposed development/additional impervious area will not adversely impact the following:
(1) 
Capacities of existing drainageways and storm sewer systems.
(2) 
Velocities and erosion.
(3) 
Quality of runoff if direct discharge is proposed.
(4) 
Existing known problem areas.
(5) 
Safe conveyance of the additional runoff.
(6) 
Downstream property owners.
D. 
An applicant proposing regulated activities, after demonstrating compliance with Subsections A, B, and C, may be exempted from various requirements of this chapter according to the following table:
New Impervious Area*
[Since the Date of Adoption of this chapter]
(square footage)
Applicant Must Submit to the Borough
0 to 500
500 to 5,000
Volume controls and SWM site plan and report
> 5,000
Rate controls, volume controls, SWM site plan and report and record drawings
NOTES:
*
Gravel in the existing condition shall be considered pervious and proposed gravel shall be considered impervious.
E. 
The purpose of this section is to ensure consistency of stormwater management planning between local ordinances and NPDES permitting (when required) and to ensure that the applicant has a single and clear set of stormwater management standards to which the applicant is subject. The Borough may accept alternative stormwater management controls provided that:
(1) 
The applicant, in consultation with the Borough, PADEP and/or LCCD, states that meeting the requirements of the volume controls or rate controls of this chapter is not possible or creates an undue hardship.
(2) 
The alternative stormwater management controls, proposed by the applicant, are documented to be acceptable to the Borough, PADEP and/or LCCD for NPDES requirements pertaining to post construction stormwater management requirements.
(3) 
The alternative stormwater management controls are in compliance with all other sections of this chapter, including but not limited to § 310-11D and Subsections A, B and C of this section.
F. 
Forest management and timber operations are exempt from rate and volume control requirements and SWM site plan preparation requirement of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102. It should be noted that temporary roadways are not exempt.
G. 
Agricultural activities are exempt from the requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
H. 
Linear roadway improvement projects that create additional impervious area are not exempt from the requirements of this chapter. However, alternative stormwater management strategies may be applied at the joint approval of the Borough and the LCCD (if an NPDES permit is required) when site limitations (such as limited right-of-way) and constraints (as shown and provided by the applicant) preclude the ability of the applicant to meet the enforcement of the stormwater management standards in this chapter. All strategies must be consistent with PADEP's regulations, including NPDES requirements.
I. 
The Borough may, after an applicant has demonstrated compliance with Subsections A, B, and C, grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
(1) 
All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved, and the minimum modification necessary.
J. 
The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may pose a threat to public health and safety or the environment.
[Added 9-13-2022 by Ord. No. 819]
A. 
Based on the moratorium area assessment, infiltration is prohibited in the Borough. In those cases where the applicant chooses to pursue infiltration, the applicant shall provide a detailed geologic evaluation, consisting of karst hazard assessment and a remediation plan. This evaluation shall be prepared and signed/sealed by either a qualified, Pennsylvania licensed geotechnical engineer or geologist with experience in karst geology assessment and sinkhole remediation. At a minimum, this evaluation must include the following:
(1) 
Review of historical photos for karst features.
(2) 
A fracture trace analysis using available aerial photographs.
(3) 
Documentation of a site field view to field verify observed and suspect karst solution features.
(4) 
An appropriate geophysical survey of suspect areas (with emphasis on those areas of proposed construction and within 10 feet of those areas), delineated by photo and field reviews, using micro-gravity surveys, ground-penetrating radar, or an alternate technology of equal or better capability.
(5) 
Backhoe probes of suspect features.
(6) 
A plot of all observed and suspect karst features on the base mapping of the site prepared for the development plan, at a scale of one inch equals 50 feet, with a larger scale plot of complex features at a scale of one inch equals 20 feet.
(7) 
A specific commentary on the suitability of the karst portions of the site to be developed as proposed.
(8) 
A report presenting findings, conclusions, and recommendations of the investigation. The report must include specifications for sinkhole mitigation during construction, and methods to reduce sinkhole development during construction.
(9) 
Any recommendations involving construction techniques must be incorporated into the development construction drawing notes and details.
B. 
The green infrastructure and low impact development practices provided in the BMP Manual shall be utilized for all regulated activities wherever possible. Dependent upon the geologic evaluation described in § 310-13A, water volume controls shall be implemented using the Design Storm Method in §310-13B(1) or the Simplified Method in § 310-13B(2) below. For regulated activity areas equal or less than one acre that do not require hydrologic routing to design the stormwater facilities, this chapter establishes no preference for either methodology; therefore, the applicant may select either methodology on the basis of economic considerations, the intrinsic limitations on applicability of the analytical procedures associated with each methodology, and other factors.
[Amended 9-13-2022 by Ord. No. 819]
(1) 
The Design Storm Method (CG-1 in the BMP Manual Chapter 4) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.
(a) 
Do not increase the post-development total runoff volume for all storms equal to or less than the two-year, twenty-four-hour duration precipitation.
(b) 
For modeling purposes:
[1] 
Existing (predevelopment) nonforested pervious areas must be considered meadow in good condition.
[2] 
20% of existing impervious area, when present, shall be considered meadow in good condition in the model for existing conditions.
(2) 
The Simplified Method (CG-2 in the BMP Manual Chapter 4) provided below is independent of site conditions and should be used if the Design Storm Method is not followed. This method is not applicable to regulated activities greater than one acre or for projects that require design of stormwater storage facilities. For new impervious surfaces:
(a) 
Stormwater facilities shall capture at least the first two inches of runoff from all new impervious surfaces.
(b) 
At least the first one inch of runoff from new impervious surfaces shall be permanently removed from the runoff flow, i.e., it shall not be released into the surface waters of this commonwealth. Removal options include reuse, evaporation, transpiration, and infiltration.
(c) 
Wherever possible, infiltration facilities should be designed to accommodate infiltration of the entire permanently removed runoff; however, in all cases at least the first 0.5 inch of the permanently removed runoff should be infiltrated.
(d) 
This method is exempt from the requirements of § 310-14, Rate controls.
C. 
All applicable worksheets from Chapter 8 of the BMP Manual must be used when establishing volume controls per Subsection B.
D. 
Actual field infiltration tests at the location of the proposed elevation of the stormwater infiltration BMPs are required to support the design outlined in Subsection B. Infiltration tests and an evaluation of soil limiting zones shall be conducted in accordance with BMP Manual. The Borough shall be notified 24 hours prior to infiltration tests being conducted as to provide an opportunity for the Borough to witness the tests.
[Amended 9-13-2022 by Ord. No. 819]
The calculated peak rates of runoff for stormwater originating on the project site must meet the following conditions:
A. 
Post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year, twenty-four-hour storm events. If it is shown that the peak rates of discharge indicated by the post-development analysis are less than or equal to the peak rates of discharge indicated by the predevelopment analysis for one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year, twenty-four-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement.
[Added 9-13-2022 by Ord. No. 819]
A. 
To protect and improve water quality, a riparian buffer easement shall be created and recorded as part of any subdivision or land development that encompasses a riparian buffer.
B. 
Except as required by Chapter 102,[1] the riparian buffer easement shall be measured to be the greater of the limit of the 100-year floodplain or a minimum of 35 feet from the top of the stream bank (on each side).
[1]
Editor's Note: Refers to 25 Pa. Code Chapter 102.s
C. 
Minimum management requirements for riparian buffers.
(1) 
Existing native vegetation shall be protected and maintained within the riparian buffer easement.
(2) 
Whenever practicable, invasive vegetation shall be actively removed, and the riparian buffer easement shall be planted with native trees, shrubs, and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.
D. 
The riparian buffer easement shall be enforceable by the Borough and shall be recorded in the Lebanon County Recorder of Deeds office, so that it shall run with the land and shall limit the use of the property located therein. The easement shall allow for the continued private ownership and shall count toward the minimum lot area as required by Chapter 380, Zoning, unless otherwise specified in Chapter 380, Zoning.
E. 
Any permitted use within the riparian buffer easement shall be conducted in a manner that will maintain the extent of the existing 100-year floodplain, improve or maintain the stream stability, and preserve and protect the ecological function of the floodplain.
F. 
The following conditions shall apply when public and/or private recreation trails are permitted within riparian buffer easements:
(1) 
Trails shall be for nonmotorized use only.
(2) 
Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.
G. 
Septic drainfields and sewage disposal systems shall not be permitted within the riparian buffer easement and shall comply with setback requirements established under 25 Pa. Code Chapter 73.