[HISTORY: Adopted by the Borough Council
of the Borough of Edgewood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-16-2015 by Ord. No. 1051]
A.
Purpose. These regulations have the following general purposes and
objectives:
(1)
To assure safe management of stormwater runoff resulting from land
alteration and disturbance activities in accordance with watershed
stormwater management plans adopted pursuant to the Pennsylvania Storm
Water Management Act (Act 167 of 1978, as amended).
(2)
To utilize and preserve the existing natural drainage systems and
to preserve the flood-carrying capacity of streams.
(3)
To encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
(4)
To provide for adequate maintenance of all permanent stormwater management
structures in the Borough of Edgewood (Borough).
(5)
Provide review procedures and performance standards for stormwater
planning and management.
(6)
Manage stormwater impacts close to the runoff source, which requires
a minimum of structures and relies on natural processes.
(7)
Maintain existing flows and quality of streams and watercourses.
B.
Liability disclaimer.
(1)
Neither the granting of any approval under the provisions of this
article, nor the compliance with the provisions of this article, or
with any condition imposed by an official of the Borough of Edgewood,
hereunder, shall relieve any person from any responsibility for damage
to persons or property resulting there from, or as otherwise imposed
by law, nor impose any liability upon the Borough of Edgewood for
damages to persons or property.
(2)
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the Borough of Edgewood, or by an official or employee
thereof, of the practicability or safety of any structure, use or
other plan proposed, and shall create no liability upon or cause of
action against such public body, official or employee for any damage
that may result pursuant thereto.
C.
Statement of findings.
(1)
Inadequate management of accelerated runoff of stormwater resulting
from development and redevelopment increases flows and velocities
which causes erosion and sedimentation, overtaxes the carrying capacity
of streams, channels and storm sewers, increases the cost of public
facilities to carry and control stormwater, reduces groundwater recharge,
and increases nonpoint source pollution of water resources.
(2)
A comprehensive program of stormwater management, including reasonable
regulation of development, redevelopment, and other activities causing
accelerated runoff, is fundamental to the public health, safety, and
welfare and the protection of people of the commonwealth, their resources,
and the environment.
(3)
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
(4)
Federal and state regulations require that the Borough implement
a program of stormwater controls and obtain a permit for stormwater
discharges from its separate storm sewer system under the National
Pollutant Discharge Elimination System (NPDES).
D.
E.
Applicability. All regulated activities and all activities that may
affect stormwater runoff, including land development, redevelopment,
and earth disturbance activities, are subject to regulation by this
article. This includes any activities that change the cover of the
land, including the runoff coefficient of the land surface.
F.
Repealer. Any other ordinance provision(s) or regulation(s) of the
Borough which are inconsistent with any of the provisions of this
article are hereby repealed to the extent of the inconsistency only.
G.
Severability. In the event that a court of competent jurisdiction
declares any section or provision of this article invalid, such decision
shall not affect the validity of any of the remaining provisions of
this article.
H.
Compatibility with other ordinances. Approvals issued and actions
taken under this article do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
any other code, law, regulation, or ordinance.
A.
Stormwater management districts.
(1)
For purposes of stormwater management, the Borough of Edgewood is
located in the following stormwater management district:
|
Monongahela River Watershed
| |
|
This district is subdivided into subareas which have similar
hydrological characteristics and drain to a common point.
|
(2)
The location and boundaries of the watershed(s) and subareas are
shown on the "Municipal Stormwater Management District Map" which
is hereby adopted as a part of this section and located in Appendix
I-A.[1]
[1]
Editor's Note: The Municipal Stormwater Management District
Map is on file in the Borough offices.
B.
General standards.
(1)
All proposed stormwater control measures shall be evaluated according
to the following performance standard:
(a)
Any landowner and any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall implement
such measures as are reasonably necessary to prevent injury to health,
safety or other property. Such measures shall include such actions
as are required:
(2)
The stormwater management plan for the development site shall consider
all the stormwater runoff flowing over the site.
(3)
No discharge of toxic materials shall be permitted into any stormwater
management system. Where required by federal and state regulation,
the landowner or developer shall be responsible for obtaining and
NPDES permit for stormwater discharges.
(4)
SWM site plans approved by the municipality shall be on site throughout
the duration of the regulated activity.
(5)
The Borough may, after consultation with DEP, approve measures for
meeting the state water quality requirements other than those in this
article, provided that they meet the minimum requirements of, and
do not conflict with, state law including, but not limited to, the
Clean Streams Law.
(6)
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 article and to meet
all requirements under Title 25 of the Pennsylvania Code and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual),2 No. 363-2134-008 (April 15, 2000),
as amended and updated.
(7)
For all regulated activities, implementation of the volume controls
is required.
(8)
Impervious areas.
(a)
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.
(b)
For development taking place in stages, the entire development
plan must be used in determining conformance with this article.
(c)
For projects that add impervious area to a parcel, the total
impervious area on the parcel is subject to the requirements of this
article.
(9)
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
of the adjacent property owner(s). Such stormwater flows shall be
subject to the requirements of this article.
(10)
To the maximum extent practicable, incorporate the techniques
for Low Impact Development Practices described in the Pennsylvania
Stormwater Best Management Practices Manual (BMP Manual).
(11)
Infiltration BMPs should 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 article.
(12)
Facilities, areas, or structures used as Stormwater Management
BMPs shall be enumerated as permanent real estate appurtenances and
recorded as deed restrictions or conservation easements that run with
the land.
Storage facilities should 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.
(13)
In conjunction with meeting the requirements of the ordinance, the applicant shall refer to and meet all conditions and requirements set forth in the Borough of Edgewood's Municipal Separate Storm Sewer System (MS4) Prohibited Discharge Ordinance [Article II].
(14)
In conjunction with meeting the requirements of the ordinance,
the applicant shall refer to and meet all conditions and requirements
set forth in the Borough of Edgewood's total maximum daily load
(TMDL) plan as adopted and revised.
C.
Watershed standards; designated Monongahela River Stormwater Management
Watershed.
(1)
The stormwater performance standards contained in this section are
intended to implement the standards and criteria contained in the
Monongahela River Stormwater Management Plan (Plan), adopted and approved
in accordance with the Pennsylvania Storm Water Management Act. If
there is any discrepancy between the provisions of this section and
the standards and criteria of the Plan, or if the watershed Plan is
subsequently amended, then the standards/criteria of the current watershed
Plan shall govern.
(2)
Storm frequencies. Stormwater management facilities on all development
sites shall control the peak stormwater discharge for the one-, two-,
ten-, twenty-five- ; fifty-, and one-hundred-year storm frequencies.
The SCS twenty-four-hour, Type II Rainfall Distribution shall be used
for analyzing stormwater runoff for both pre- and post-development
conditions. The twenty-four-hour total rainfall for these storm frequencies
in the watershed are:
|
Storm Frequency
|
Rainfall Depth
(inches)
| |
|---|---|---|
|
1-Year
|
1.97
| |
|
2-Year
|
2.50
| |
|
10-Year
|
3.61
| |
|
25-Year
|
4.31
| |
|
50-Year
|
4.40
| |
|
100-Year
|
5.71
|
(3)
Calculation methods.
(a)
Development sites. For the purpose of computing peak flow rates
and runoff hydrographs from development sites, calculations shall
be performed using one of the following: SCS publications, Technical
Release (TR) 55 or 20, HEC I, Penn State Runoff Model (PSRM) or Modified
Rational Method.
(b)
Stormwater collection/conveyance facilities. For the purposes
of designing storm sewers, open swales and other stormwater runoff
collection and conveyance facilities, the Rational Method shall be
applied. Rainfall intensities for design should be obtained from the
Pennsylvania Department of Transportation rainfall charts.
(c)
Routing of hydrographs through detention/retention facilities
for the purpose of designing those facilities shall be accomplished
using the Modified-Puls Method or other recognized reservoir routing
method subject to the approval of the Borough.
(d)
Predevelopment conditions. Predevelopment conditions shall be
assumed to be those which exist on any site at the time of adoption
of the Monongahela River Stormwater Management Plan. Hydrologic conditions
for all areas with pervious cover (i.e., fields, woods, lawn areas,
pastures, cropland, etc.) shall be assumed to be in "good" condition,
and the lowest recommended SCS runoff curve number (CN) shall be applied
for all pervious land uses within the respective range for each land
use and hydrologic soil group.
(4)
Release rate percentage.
(a)
Definition. The release rate percentage defines the percentage
of the predevelopment peak rate of runoff that can be discharged from
an outfall on the site after development. It applies uniformly to
all land development or alterations within a subarea. A listing of
the release rate percentage by subarea appears in Appendix I-B[2] of this article; the subareas are delineated on the Release
Rate Percentage Map.
[2]
Editor's Note: The listing of the release rate percentage
by subarea is on file in the Borough offices.
(b)
Procedure for use.
[1]
Identify the specific subarea in which the development site
is located from the watershed map and obtain the subarea release rate
percentage from Appendix I-B[3] and the Release Rate Percentage Map.
[3]
Editor's Note: The subarea release rate percentage from
Appendix I-B is on file in the Borough offices.
[2]
Compute the pre- and post-development runoff hydrographs for
each stormwater outfall on the development site using an acceptable
calculation method for the one-, two-, ten-, twenty-five-, fifty-
and one-hundred-year storms. Apply no on-site detention for stormwater
management but include any techniques to minimize impervious surfaces
and/or increase the time of concentration for stormwater runoff flowing
from the development site. If the post-development peak runoff rate
and the runoff volume are less than or equal to the predevelopment
peak runoff rate and volume, then additional stormwater control shall
not be required at that outfall.
If the post-development peak runoff rate and volume are greater
than the predevelopment peak runoff rate and volume, then stormwater
detention shall be required. The capacity of the detention facility
shall be calculated by multiplying the subarea release rate percentage
by the predevelopment rate of runoff from the development site to
determine the maximum allowable release rate from any detention facility
for the four prescribed storm events.
(5)
No harm evaluation.
(a)
An applicant may seek to exceed the otherwise applicable subarea
release rate percentage by performing the "no harm evaluation." This
evaluation requires an independent engineering analysis to demonstrate
that other reasonable options exist to prevent the occurrence of increased
stormwater runoff discharge rates and/or velocities or that measures
can be provided to prevent increased stormwater discharge rates and/or
velocities from increasing flood elevations and accelerating erosion
at all downstream points in the watershed.
(b)
A "no harm evaluation" will be considered only in the following
instances:
[1]
In the Monongahela River Watershed: only in instances where
the discharge to a stream channel from the development site occurs
directly to the Monongahela River, an adequately sized storm or combined
sewer which discharges directly into the Monongahela River, or through
a properly sized and designed regional stormwater detention facility.
(c)
The analysis for the no-harm evaluation shall be submitted to
the Borough of Edgewood and Allegheny County Planning Department for
review and approval.
(d)
The "no harm evaluation" shall be prepared by a registered engineer
who is experienced in hydrology and hydraulics and is licensed in
the commonwealth of Pennsylvania. The "no harm evaluation" analysis
shall be completed using the following procedure:
(e)
The analysis shall be completed using the Penn State Runoff
Model (PSRM) in the following manner:
[1]
Develop the runoff hydrograph(s) for the design storms of the
site and areas tributary to it using the PSRM for pre-development
conditions using the land use characterizations contained in the Monongahela
River Watershed Stormwater Management Plan.
[2]
Develop the post-development discharge hydrograph from the proposed
site using the PSRM. If no management or controls are proposed, this
would be equivalent to the runoff hydrograph under the post-development
conditions. If some management or controls are proposed, then the
runoff hydrograph under post-development conditions should be modified
to reflect their effects on the rate, volume and timing of discharges.
[3]
Subtract the runoff hydrograph ordinates under pre-development
conditions (step 1) from the discharge hydrograph ordinates (step
2) maintaining the time scales of both hydrographs for one-to-one
correspondence.
[4]
Obtain the PSRM for the existing conditions for the Monongahela
River Watershed from the County of Allegheny.
[5]
Locate the subbasin(s) in which the proposed development is
located and into which the discharge hydrograph enters. If more than
one subbasin receives this incremental flow, divide the flow accordingly.
[6]
Add the incremental increase computed in step 3 to the runoff
hydrograph of the subbasin(s) identified in step 5.
[7]
Route the adjusted runoff hydrograph through the Monongahela
River Watershed PSRM and note any increase in peak flows which would
occur in downstream subbasins, If no increase is noted, then the "no-harm"
has been demonstrated. If no increase is observed in peak flows, the
increased potential for erosion and/or sedimentation in downstream
channels resulting from any change in the flood hydrograph predicted
by the model shall be evaluated. If no increased potential can be
demonstrated by appropriated technical means, then the "no-harm" exemption
may be requested.
[8]
If an increase in peak flow is observed in any of the downstream
subbasins or increased potential for erosion and/or sedimentation
is indicated, the "no-harm" exemption shall not be granted.
(6)
Volume controls.
(a)
The low impact development practices provided in the BMP Manual1 shall be utilized for all regulated activities to the maximum extent practicable, Water volume controls shall be implemented using the design storm method in Subsection A or the simplified method in Subsection B below. For regulated activity areas equal or less than acre that do not require hydrologic routing to design the stormwater facilities, this article establishes no preference for either methodology; 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.
[1]
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)
The simplified method (CG-2 in the BMP Manual1 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:
[1]
Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
[2]
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.
[3]
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.
(7)
Rate controls.
(a)
Post-development discharge rates shall not exceed the predevelopment
discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-,
and one-hundred-year storms. 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 one-hundred-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.
A.
General criteria.
(1)
Applicants may select runoff control techniques, or a combination
of techniques, which are most suitable to control stormwater runoff
from the development site. All controls shall be subject to the review
of the Borough Engineer and approval of the Borough. The Borough may
request specific information on design and/or, operating features
of the proposed stormwater controls in order to determine their suitability
and adequacy in terms of the standards of this article.
(2)
The applicant should consider the effect of the proposed stormwater
management techniques on any special soil conditions or geological
hazards which may exist on the development site. In the event such
conditions are identified on the site, the Borough may require the
developer and/or owner to provide in-depth studies by a competent
geotechnical engineer. Not all stormwater control methods may be advisable
or allowable at a particular development site.
(3)
In developing a stormwater management plan for a particular site,
stormwater controls shall be selected according to the following order
of preference:
(4)
Infiltration practices shall be used to the extent practicable to
reduce volume increases and promote groundwater recharge. A combination
of successive practices may be used to achieve the applicable minimum
control requirements. Justification shall be provided by the applicant
for rejecting each of the preferred practices based on actual site
conditions.
B.
Criteria for infiltration systems.
(1)
Infiltration systems shall be sized and designed based upon local
soil and ground water conditions.
(2)
Infiltration systems greater than three feet deep shall be located
at least 10 feet from basement walls.
(3)
Infiltration systems shall not be used to handle runoff from commercial
or industrial working or parking areas. This prohibition does not
extend to roof areas which are demonstrated to be suitably protected
from the effects of the commercial/industrial activities.
(4)
Infiltration systems may not receive runoff until the entire drainage
area to the system has received final stabilization.
(5)
The stormwater infiltration facility design shall provide an overflow
system with measures to provide a non-erosive velocity of flow along
its length and at the outfall.
C.
Criteria for flow attenuation facilities.
(1)
If flow attenuation facilities are employed to assist in the control
of peak rates of discharge, their effects must be quantified using
the SCS Technical Release (TR) 55 Urban Hydrology for Small Watersheds
or other approved method. The effects of the flow attenuation facilities
on travel time should be reflected in the calculations.
(2)
Flow attenuation facilities such as swales and natural depressions
should be properly graded to ensure positive drainage and avoid prolonged
ponding of water.
(3)
Swales shall be properly vegetatively stabilized or otherwise lined
to prevent erosion.
(4)
Swales shall be designed according to the recommendations contained
in the Commonwealth of Pennsylvania Erosion and Sediment Pollution
Control Program Manual.
D.
Criteria for stormwater detention facilities.
(1)
If detention facilities are utilized for the development site, the
facility(ies) shall be designed such that post-development peak runoff
rates from the developed site are controlled to those rates defined
by the subarea release rate percentage for the one-, two-, ten-, twenty-five-,
fifty-, and one-hundred-year storm frequencies.
(2)
All detention facilities shall be equipped with outlet structures to provide discharge control for the four designated storm frequencies. Provisions shall also be made to safely pass the post-development one-hundred-year storm runoff without damaging (i.e., impairing the continued function of the facilities). Should any stormwater management facilities qualify as a dam under PA DEP Chapter 105, the facility shall be designed in accordance with those regulations and meet the regulations concerning dam safety.
(3)
Shared-storage facilities which provide detention of runoff for more
than one development site within a single subarea are encouraged wherever
feasible and provided such facilities meet the criteria contained
in this section. In addition, runoff from the development sites involved
shall be conveyed to the facility in a manner that avoids adverse
impacts (such as flooding or erosion) to channels and properties located
between the development site and the shared-storage facilities.
(4)
Where detention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ball fields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Borough of Edgewood and Pennsylvania Department of Environmental Protection's (PA DEP) Chapter 105 regulations.
(5)
Other considerations which should be incorporated into the design
of the detention facilities include:
(a)
Inflow and outflow structures shall be designed and installed
to minimize erosion, and bottoms of impoundment type structures should
be protected from soil erosion.
(b)
Control and removal of debris both in the storage structure
and in all inlet or outlet devices shall be a design consideration.
(c)
Inflow and outflow structures, pumping stations, and other structures
shall be designed and protected to minimize safety hazards.
(d)
The water depth at the perimeter of a storage pond should be
limited to that which is safe for children. This is especially necessary
if bank slopes are steep or if ponds are full and re-circulating in
dry periods. Restriction of access (fence, walls, etc.) may be necessary
depending on the location of the facility.
(e)
Side slope of storage ponds shall not exceed a ration of 2.5:1
horizontal to vertical dimension.
(f)
Landscaping shall be provided for the facility which harmonizes
with the surrounding area.
(g)
Facility shall be located to facilitate maintenance, considering
the frequency and type of equipment that will be required.
E.
Criteria for collection conveyance facilities.
(1)
All stormwater runoff collection or conveyance facilities, whether
storm sewers or other open or closed channels, shall be designed in
accordance with the following basic standards:
(a)
All sites shall be graded to provide drainage away from and
around the structure in order to prevent any potential flooding damage.
(b)
Lots located on the high side of streets shall extend roof and
French drains to the curb line storm sewer (if applicable). Low side
lots shall extend roof and French drains to a stormwater collection/conveyance/control
system or natural watercourse in accordance with the approved stormwater
management plan for the development site.
(c)
Collection/conveyance facilities should not be installed parallel
and close to the top or bottom of a major embankment to avoid the
possibility of failing or causing the embankment to fail.
(d)
All collection/conveyance facilities shall be designed to convey
the twenty-five-year storm peak flow rate from the contributing drainage
area and to carry it to the nearest suitable outlet such as a stormwater
control facility, storm sewer or natural watercourse.
(e)
Where drainage swales or open channels are used, they shall
be suitably lined to prevent erosion and designed to avoid excessive
velocities.
(2)
Wherever storm sewers are proposed to be utilized, they shall comply
with the following criteria:
(a)
Where practical, designed to traverse under seeded and planted
areas. If constructed within 10 feet of road paving, walks or other
surfaced areas, drains shall have a narrow trench and maximum compaction
of backfill to prevent settlement of the superimposed surface or development.
(b)
Preferably installed after excavating and filling in the area
to be traversed is completed, unless the drain is installed in the
original ground with a minimum of three feet cover and/or adequate
protection during the fill construction.
(c)
Landscaping shall be provided for the facility which harmonizes
with the surrounding area. At no time will the instillation of woody
vegetation be permitted on a constructed embankment of a stormwater
management facility.
(d)
Designed:
(e)
Designed to adequately handle the anticipated stormwater flow
by containing the hydraulic gradeline for the peak flow within the
pipe, and be economical to construct and maintain. The minimum pipe
size shall be 15 inches in diameter. Submit full hydraulic computations
for all pipe segments documenting hydraulic and energy gradelines
for the design storm peak flow rate.
(f)
Drain pipe, trenching, bedding and backfilling requirements
shall conform to the requirements of the Borough of Edgewood and applicable
PennDOT Specifications, Form 408.
(g)
Pipe within a Borough right-of-way shall be reinforced concrete
pipe with a minimum diameter of 15 inches. Pipe located outside the
Borough right-of-way shall be constructed with either reinforced concrete
pipe, polymer coated, fully lined corrugated metal pipe, or smooth
lined corrugated polyethylene pipe.
(h)
Storm inlets and structures shall be designed to be adequate,
safe, self-cleaning and unobtrusive and consistent with the Borough
of Edgewood standards and applicable PennDOT Specifications, Form
408.
(i)
Appropriate grates shall be designed for all catch basins, stormwater
inlets and other entrance appurtenances. All grates shall be bicycle
safe grates and conform to the PennDOT Roadway Construction Drawings.
(j)
Manholes shall be designed so that the top shall be at finished
grade and sloped to conform to the slope of the finished grade. Top
castings of structures located in roads or parking areas shall be
machined or installed to preclude "rattling."
(k)
Where a proposed sewer connects with an existing storm sewer
system, the applicant shall demonstrate that sufficient capacity exists
in the downstream system, until the existing system daylights, to
handle the additional flow.
A.
A soil erosion and sedimentation control plan shall be prepared for
each development site in accordance with the Pennsylvania Erosion/Sedimentation
Regulations (25 Pa. Code, Chapter 102), the standards and guidelines
of the Allegheny County Conservation District, and the Borough of
Edgewood standards.
B.
Proposed erosion/sedimentation measures shall be submitted with the
stormwater management plan as part of the applicant's preliminary
and final plans. A copy of the approved erosion and sedimentation
control plan shall be available at the project site at all times.
C.
The plan should show the type, location, and application of the proposed
erosion/sedimentation control measures (BMPs), and include the calculations
and criteria used in designing them.
D.
Some of the guides to be followed in designing the erosion/sedimentation
measures (BMPs) include.
E.
Smallest practicable area of soil should be exposed at any one time
during construction, and exposure should be limited to the shortest
practicable period of time.
F.
Temporary ditches, dikes, vegetation, and/or mulching shall be used
to protect critical areas exposed during development.
G.
Sediment basins (debris basins, desilting basins, or silt traps)
shall be installed and maintained to remove sediment from runoff waters
from land undergoing development.
H.
Wherever possible, temporary BMPs should be designed to serve as
part of a site's permanent stormwater management control system.
A.
Maintenance responsibilities.
(1)
The maintenance plan for stormwater management facilities located
on the development site shall establish responsibilities for the continuing
operation and maintenance of all proposed stormwater control facilities,
consistent with the following principals:
(a)
If a development consists of structures or lots which are to
be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the Borough, stormwater control
facilities should also be dedicated to the Borough.
(b)
If a development site is to be maintained in single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities shall be the responsibility of the owner or private management
entity.
(2)
The Borough shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the stormwater
management plan. The Borough reserves the right to reject the ownership
and operating responsibility for any or all of the stormwater management
controls.
B.
Maintenance agreement for privately owned stormwater facilities.
(1)
Prior to final approval of the site's stormwater management
plan the applicant and Borough shall execute a maintenance agreement
covering all stormwater control facilities which are to be privately
owned. The maintenance agreement shall be recorded with the final
subdivision/land development plan for the site. The agreement shall
stipulate that:
(a)
All facilities shall be maintained in accordance with the approved
maintenance schedule and in a safe and attractive manner.
(b)
Easements and/or rights-of-way shall be conveyed to the Borough
to assure access for periodic inspections by the Borough, and maintenance,
if required.
(c)
The name, address and telephone number of the person or company
responsible for maintenance activities shall be filed with the Borough
prior to final approval of the stormwater management plan. If this
information changes, the new information shall be submitted to the
Borough within 10 days of the change.
(d)
If the facility owner fails to maintain the stormwater control
facilities, the Borough may perform the necessary maintenance work
or corrective work following due notice by the Borough to the facility
owner to correct the problem(s). The facility owner shall reimburse
the Borough for all costs and expenses incurred by the Borough.
(2)
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities.
A.
General requirements.
(1)
No final subdivision/land development plan shall be approved, no
permit authorizing construction issued, or any earth moving or land
disturbance activity initiated until the final stormwater management
plan for the development site is approved in accordance with the provisions
of this article.
B.
Exemptions for small developments.
(1)
At the time of application, the Borough shall determine if the subdivision/land
development qualifies as a "small development" and, therefore, is
eligible for a simplified stormwater plan submission. For the purposes
of this article, a small development is any subdivision or land development
which results in (or will result when fully constructed) the creation
of 5,000 or less square feet of impervious surface area.
(2)
Applications for small developments shall include a plan which describes
the type and location of proposed on-site stormwater management techniques
or the proposed connection to an existing storm sewer system. The
plan should show accurately site boundaries, five-foot interval contours,
locations of watershed and/or subarea boundaries on the site (if applicable)
and any watercourses, floodplains, or existing drainage facilities
or structures located on the site. The Borough shall require that
the plan be prepared by a registered professional engineer, surveyor
or landscape architect.
(3)
The Borough Engineer shall review and the Borough of Edgewood shall
approve the proposed provisions for stormwater management in accordance
with the standards and requirements of this article.
Agricultural and silviculture use of lands when operated in
accordance with a farm conservation plan approved by the local soil
conservation district or when it is determined by the local soil conservation
district that such use will not cause excessive erosion and sedimentation.
(4)
For a parcel or tract of land held under single ownership, only one
application for a small development, as defined above, shall be permitted
before requiring a stormwater management plan for the entire parcel.
A project cannot be phased to circumvent the stormwater requirements
by using the exemption for small developments.
(5)
Stormwater management plans for small developments do not have to
be prepared by a registered professional engineer or land surveyor.
Whenever the submission of runoff calculations are required by the
Borough Engineer, they shall be prepared.
C.
Stormwater plan contents.
(1)
General format. The stormwater plan shall be drawn to a scale of
not less than one inch 200 feet. All sheets shall contain a title
block with; name and address of the applicant and the engineer who
prepared the plan, graphic scale, north arrow, legend and date of
preparation.
(2)
Existing and proposed features. The plan shall show the following:
(a)
Watershed location. Provide a key map showing the location of
the development site within the watershed(s) and watershed subarea(s).
On all site drawings, show the boundaries of the watershed(s) and
subarea(s) as they are located on the development site and identify
watershed names(s) and subarea number(s).
(b)
Floodplain boundaries. Identify the one-hundred-year floodplains
on the development site (as appropriate) based on the Borough of Edgewood's
flood insurance study maps.
(c)
Natural features. Show all bodies of water (natural or artificial),
watercourses (permanent and intermittent), swales, wetlands and other
natural drainage courses on the development site, or which will be
affected by runoff from the development.
(d)
Soils. Provide an overlay showing soil types and boundaries
within the development site (consult county, SCS and U.S. Geological
Survey for information).
(e)
Contours. Show existing and final contours at intervals of two
feet; in areas with slopes greater than 15%, five-foot contour intervals
may be used.
(f)
Land cover. Show existing and final land cover classifications
as necessary to support and illustrate the runoff calculations performed.
(g)
Drainage area delineations. Show the boundaries of the drainage
areas employed in the runoff calculations performed.
(h)
Stormwater management controls. Show any existing stormwater
management or drainage controls and/or structures, such as sanitary
and storm sewers, swales, culverts, etc., which are located on the
development site, or which are located off-site but will be affected
by runoff from the development.
(3)
Professional certification. The stormwater management plan (including
all calculations) shall be prepared and sealed by a registered professional
engineer with training and expertise in hydrology and hydraulics.
Documentation of qualifications may be required by the Borough.
(4)
Runoff calculations. Calculations for determining pre- and post-development discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the methods and data prescribed by § 175-2 of this article.
(5)
Stormwater controls. All proposed stormwater runoff control measures must be shown on the plan including methods for collecting, conveying and storing stormwater runoff on-site, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with § 175-4 of this article. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and relationship to the existing watershed drainage system.
(a)
If the development is to be constructed in stages, the applicant
must demonstrate that stormwater facilities will be installed to manage
stormwater runoff safely during each stage of development.
(b)
A schedule for the installation of all temporary and permanent
stormwater control measures and devices shall be submitted.
(6)
Easements, rights-of-way, deed restrictions. All existing and proposed
easements and rights-or-way for drainage and/or access to stormwater
control facilities shall be shown along with any areas subject to
special deed restrictions relative to or affecting stormwater management
on the development site.
(a)
If a conservation easement is provided the long term ownership,
access, maintenance, and use restrictions must be identified on the
recording plan.
(7)
Other permits/approvals. A list of any approvals/permits relative to stormwater management that will be required from other governmental agencies (PA DEP Chapter 105 and 106 permits and/or NPDES permit) and anticipated dates of submission/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the Borough.
(8)
Maintenance program. The proposed maintenance plan for all stormwater
control facilities shall:
(a)
Identify the proposed ownership entity (e.g., municipality,
property owner, private corporation, homeowner's association,
or other entity).
(b)
Identify the type of maintenance, probable frequencies, personnel
and equipment requirements and estimated annual maintenance costs.
(c)
Provide verification of financial responsibility for continuing
operation and maintenance if the facility is to be owned by other
than a governmental agency.
A.
Pre-application phase.
(1)
Before submitting the stormwater plan, applicants are urged to consult
with the Borough of Edgewood, Allegheny County Planning Department
and Allegheny County Conservation District on the applicable regulations
and techniques for safely managing the development site. These agencies
may also be helpful in providing necessary data for the stormwater
management plan.
(2)
Applicants are encouraged to submit a sketch plan with a narrative
description of the proposed stormwater management controls for general
guidance and discussion with the Borough of Edgewood and other agencies.
(3)
The pre-application phase is not mandatory; any review comments provided
by the Borough or other agencies are advisory only and do not constitute
any legally binding action on the part of the Borough or any county
agency.
B.
Stormwater plan reviews.
(1)
Submission of plans. Stormwater plan applications shall be submitted
with the preliminary and final subdivision/land development applications.
(2)
Notification of affected municipalities. The applicant shall notify
municipalities upstream and downstream of the development site, which
may be affected by the stormwater runoff and proposed controls for
the site. The applicant shall provide documentation to the Borough
that they have notified each upstream and downstream municipality.
Copies of the plans will be made available to the upstream and downstream
municipalities upon request. Comments received from any affected municipality
will be considered by the Borough of Edgewood and county agencies
in their reviews.
(3)
Allegheny County Planning Department review.
(a)
The Borough shall forward a copy of the stormwater plan, along
with all runoff calculations to the Allegheny County Planning Department.
A report of the findings will be returned to the Borough within 30
days.
(b)
If the Allegheny County Planning Department determines that
the plan fails to comply with the watershed standards and criteria
or that a possibility exists for harmful downstream impacts from the
development site, the applicant will be advised so that proposed stormwater
management controls can be modified. The Borough shall not approve
the development site's stormwater management plan until it receives
a positive review from the Allegheny County Planning Department.
(4)
Municipal Engineer's review. The Borough Engineer shall review
the stormwater management plan based on the requirements of the Borough
ordinances. The engineer shall submit a written report regarding their
review of the stormwater management plan.
(5)
Status of the Borough of Edgewood's determination. The approval/disapproval
of the site's stormwater management plan by the Borough of Edgewood
shall be considered final. The applicant may request modifications
or alternative approaches to the stormwater management controls, provided
these are agreed to by the Borough of Edgewood and the applicant's
engineer.
(6)
Permits required from other governmental agencies. Where the proposed
development requires an obstruction permit from the PA DEP or an erosion/sedimentation
permit from the Allegheny County Conservation District, final stormwater
management plan approval may be granted subject to the receipt of
such permits. No building permit shall be issued, nor construction
started, until the permits are received and copies filed with the
Borough.
A.
Upon final stormwater plan approval and receipt of all necessary
permits, the applicant may commence to install or implement the approved
stormwater management controls.
B.
If site development or building construction does not begin within
five years of the date of final approval of the stormwater management
plan, then before doing so, the applicant shall resubmit the stormwater
management plan to verify that no condition has changed within the
watershed that would affect the feasibility or effectiveness of the
previously approved stormwater management controls. Further, if for
any reason development activities are suspended for five years or
more, then the same requirement for resubmission of the stormwater
management plan shall apply.
C.
Post-construction stormwater record plan.
(1)
Prior to issuance of an occupancy permit or utilization of the proposed
improvements the applicant must provide the Borough a copy of a recorded
post-constructed stormwater management plan and the proof of recording
for any project containing stormwater management facilities including
storm sewers and BMP's.
(2)
The owner shall provide a digital file, on State Plane Coordinate
System, of the location of all BMP's constructed on the property.
A.
If the request for a plan modification is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the procedures contained in § 175-7 above.
B.
If the request for a plan modification is initiated after construction is underway, the Borough of Edgewood shall have the authority to approve or disapprove the modification based on field review provided: (1) the requested changes in stormwater controls do not result in any modifications to other approved Borough land use/development requirements (e.g., building setbacks, yards, etc.) and (2) the performance standards in § 175-2 are met. Notification of the Borough of Edgewood's action shall be sent to the applicant. The Borough may require the applicant to resubmit the plan modification for full stormwater plan review in accordance with § 175-7 above.
A.
The Borough Engineer or a designated representative may field review
the construction of the temporary and permanent stormwater management
system for the development site. The applicant shall notify the Borough
Engineer no less than 48 hours in advance of the completion of the
following key development phases:
(1)
At the completion of preliminary site preparation including stripping
of vegetation, stockpiling of topsoil and construction of temporary
stormwater management and erosion control facilities.
(2)
At the completion of rough grading but prior to placing topsoil,
permanent drainage or other site development improvements and ground
covers.
(3)
During construction of the permanent stormwater facilities at such
times as specified by the Borough.
(4)
Completion of permanent stormwater management facilities including
established ground covers and plantings.
(5)
Completion of final grading, vegetative control measures or other
site restoration work done in accordance with the approved plan and
permit.
B.
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the Borough of Edgewood shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
C.
If during construction, the contractor or permittee identifies a
site condition, such as subsurface soil conditions, alterations in
surface or subsurface drainage which could affect the feasibility
of the approved stormwater facilities, they shall notify the Borough
within 24 hours of the discovery of such condition and request a field
meeting. The Borough of Edgewood shall determine if the condition
requires a stormwater plan modification.
D.
In cases where stormwater facilities are to be installed in areas
of landslide-prone soils or other special site conditions exist, the
Borough may require special precautions such as soil tests and core
borings, full-time resident representative services and/or similar
measures. All costs of any such measures shall be borne by the permittee.
A.
Guarantee of completion. A completion guarantee in-the form of a
bond, cash deposit, certified check or other negotiable securities
acceptable to the Borough, shall be filed. The guarantee shall cover
all streets, sanitary sewers, stormwater management facilities, water
systems, fire hydrants, sidewalks and other required improvements;
it shall be in the amount and form prescribed by the Municipal Planning
Code (§ 509), 53 P.S. § 10509.
B.
Release of completion guarantee. The procedures for requesting and
obtaining a release of the completion guarantee shall be in a manner
prescribed by the Municipalities Planning Code (§ 510),
53 P.S. § 10510.
C.
Default of completion guarantee. If improvements are not installed
in accordance with the approved final plan, the governing body may
enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
governing body may at its option install such improvements in all
or part of the development and may institute appropriate legal or
equitable action to recover the monies necessary to complete the remainder
of the improvements. All proceeds, whether resulting from the security
or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
covered by such security and not for any other municipal purpose.
D.
Dedication of public improvements.
(1)
When streets, sanitary sewers, stormwater management facilities,
water lines or other required improvements in the development have
been completed in accordance with the final approved plan, such improvements
shall be deemed private until such time as they have been offered
for dedication to the Borough and accepted by separate ordinance or
resolution or until they have been condemned for use as a public facility.
(2)
Prior to acceptance of any improvements or facilities, the Borough
Engineer may field review to assure that it is constructed in accordance
with the approved plan.
(3)
The owner shall submit as-built plans for all facilities proposed
for dedication. In the case of any stormwater control facility, it
must be free of sediment and debris.
E.
Maintenance guarantee. Prior to acceptance of any improvements or
facilities, the applicant shall provide a financial security to secure
the structural integrity and functioning of the improvements. The
security shall:
A.
The Borough of Edgewood may adopt by resolution from time to time
a reasonable schedule of fees to cover the cost of plan reviews, inspections
and other activities necessary to administer the provisions of this
article. All fees shall be set in accordance with the applicable provisions
of the Municipalities Planning Code and any dispute over the fee amount
shall be resolved in the manner prescribed by the Municipalities Planning
Code.
B.
The review fee may include, but not be limited to, costs for the
following:
(1)
Administrative/clerical processing.
(2)
Review of the SWM Site Plan by the Borough Engineer and any consultants
that he may deem necessary to provide a full and complete technical
review of the Plan.
(3)
Attendance at meetings.
(4)
Inspections.
(5)
Legal fees incurred by the Borough, the Borough Solicitor, recording
fees, and review of legal documents.
A.
Right-of-entry. Upon presentation of proper credentials, duly authorized
representatives of the Borough of Edgewood may enter at reasonable
times upon any property to investigate or ascertain the condition
of the subject property in regard to an aspect regulated by this article.
B.
Notification. In the event that the applicant, developer, owner or
his/her agent fails to comply with the requirements of this article
or fails to conform to the requirements of any permit, a written notice
of violation shall be issued. Such notification shall set forth the
nature of the violations(s) and establish a time limit for correction
of the violation(s). Upon failure to comply within the time specified,
unless otherwise extended by the Borough, the applicant, developer,
owner or his/her agent shall be subject to the enforcement remedies
of this article.
C.
Preventive remedies.
(1)
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
a violation, to prevent unlawful construction, to recover damages
and to prevent illegal occupancy of a building or premises.
(2)
In accordance with the Municipalities Planning Code (§ 515.1),
53 P.S. § 10515.1, the Borough may refuse to issue any permit
or grant approval to further improve or develop any property which
has been developed in violation of this article.
D.
Enforcement remedies.
(1)
Any person, who has violated or permitted the violation of the provisions
of this article shall, upon being found liable therefore in a civil
enforcement proceeding commenced by the Borough of Edgewood, pay a
fine of not less than $50 and not more than $500 plus court costs,
including reasonable attorney fees incurred by the Borough. No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the district justice.
(2)
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to applicable rules of civil
procedure.
(3)
Each day that a violation continues shall constitute a separate violation
unless the district justice further determines that there was a good
faith basis for the person violating the ordinance to have believed
that there was no such violation. In such case there shall be deemed
to have been only one such violation until the fifth day following
the date of the district justice's determination of a violation;
thereafter each day that a violation continues shall constitute a
separate violation.
(4)
All judgments, costs and reasonable attorney fees collected for the
violation of this article shall be paid over to the Borough of Edgewood.
(5)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(6)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough of Edgewood
the right to commence any action for enforcement pursuant to this
section.
E.
Additional remedies. In addition to the above remedies, the Borough
of Edgewood may also seek remedies and penalties under applicable
Pennsylvania statutes, or regulations adopted pursuant thereto, including,
but not limited to, the Storm Water Management Act (32 P.S. § 693.1-693.27)
and the Erosion and Sedimentation Regulations (25 Pa. Code, Chapter
102). Any activity conducted in violation of this article or any Pennsylvania
approved watershed stormwater management plan may be declared a public
nuisance by the Borough of Edgewood and abatable as such.
F.
Suspension and revocation.
(1)
Any approval or permit issued by the Borough pursuant to this article
may be suspended or revoked for:
(a)
Non-compliance with or failure to implement any provision of
the approved SWM Site Plan or O&M Agreement.
(b)
A violation of any provision of this article or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(c)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
(3)
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this article.
(4)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Borough may provide a limited
time period for the owner to correct the violation. In these cases,
the Borough will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the Borough may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this article.
G.
Appeals.
(1)
Any person aggrieved by any action of the Borough or its designee,
relevant to the provisions of this article, may appeal to the Borough
within 30 days of that action.
(2)
Any person aggrieved by any decision of the Borough, relevant to
the provisions of this article, may appeal to the Allegheny County
Court of Common Pleas within 30 days of the Borough's decision.
The Storm Water Management Act (Act of October 4, 1978, P.L.
864 No. 167; 32 P.S. §§ 680.1-680.17, as amended by
Act of May 24, 1984, No. 63).
A landowner, developer or other person who has filed an application
for approval to engage in any regulated earth disturbance activity
at a project site in the Municipality.
A landowner or developer who has filed an application for
development including his/her heirs, successors and assigns.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this article. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this article, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands, to small-scale underground treatment
systems, infiltration facilities, filter strips, low impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
The Borough of Edgewood.
A perceptible natural or artificial waterway which periodically
or continuously contains moving water or which forms a connecting
link between two bodies of water. It has a definite bed and banks
which confine the water.
The Allegheny County Conservation District.
Allegheny County, Pennsylvania.
A closed conduit for the free passage of surface drainage
under a highway, railroad, canal or other embankment.
The Pennsylvania Department of Environmental Protection.
See "storm frequency."
The slowing, dampening or attenuating of runoff flows entering
the natural drainage pattern or storm drainage system by temporarily
holding water on a surface area in a detention basin or within the
drainage system.
A pond or reservoir, usually small, constructed to impound
or retard surface runoff temporarily.
The person, persons, or any corporation, partnership, association,
or other entity or any responsible person therein or agent therefore
that undertakes the activities associated with changes in land use.
The term "developer" is intended to include by not necessarily be
limited to the term "subdivider," "owner," and "builder" even though
the individuals involved in successive stages of a project may vary.
Any activity, construction, alteration, change in land use
or practice that affects stormwater runoff characteristics.
The flow or rate of flow from a canal, conduit, channel or
other hydraulic structure.
In general, the removal of surface water from a given area.
Commonly applied to surface water and ground water.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
Any structure or activity which in any manner changes, expands
or diminishes, the course; current or cross section of any watercourse,
floodway or body of water.
Wearing away of the lands by running water, glaciers, winds
and waves.
The application of measures to reduce erosion of land surfaces.
Planning and activities necessary for the management of forestland.
These include conducting a timber inventory, preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation,
and reforestation.
Materials covering the ground surface.
Subsurface water occupying the saturation zone, from which
wells and springs are fed.
Replenishment of ground water naturally by precipitation
or runoff or artificially by spreading or injection.
Soils are classified into four HSGs designated A, B, C, and
D according to their minimum infiltration rate, which is obtained
for bare soil after prolonged wetting. The NRCS defines the four groups
and provides a list of most of the soils in the United States and
their group classification. The soils in the area of the development
site may be identified from a soil survey report that can be obtained
from local NRCS offices or conservation district offices.
Not allowing or allowing only with great difficulty the movement
of water; impermeable.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to: roofs; additional indoor living spaces, patios, garages, storage
sheds and similar structures; and any new streets or sidewalks. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they do not prevent infiltration.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels or land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means or, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Any activity involving the changing, grading, transportation,
fill and any other activity which causes land to be exposed to the
danger of erosion.
The upkeep necessary for efficient operation of physical
properties.
Pennsylvania Municipalities Planning Code (Act of July 31,
1968, P.L. 805, No. 247; 53 P.S. § 10101 et seq., as amended).
The Borough of Edgewood.
A watershed where natural surface configurations, runoff
characteristics and defined drainage conveyances have attained the
conditions of equilibrium.
The means of controlling the relationship between the headwater
elevation and the discharge, placed at the outlet or downstream end
of any structure through which water may flow.
A standard which establishes an end result or outcome which
is to be achieved but does not prescribe specific means for achieving
it.
Maximum flow rate.
Pennsylvania Department of Environmental Protection.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. Whenever used in any section
prescribing or imposing a penalty, the term "person" shall include
the members of a partnership, the officers, members, servants and
agents of an association, officers, agents and servants of a corporation,
and the officers of a municipality or county, but shall exclude any
department, board, bureau or agency of the commonwealth.
The specific area of land where any regulated activities
in the Borough are planned, conducted, or maintained.
Any person licensed by the Pennsylvania Department of State
for the services they are providing.
Any earth disturbance activities or any activities that involve
the alteration, development or redevelopment of land in a manner that
may affect stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law Release
Rate Percentage. The watershed factor determined by comparing the
maximum rate of runoff from a subbasin to the contributing rate of
runoff to the watershed peak rate at specific points of interest.
A basin, usually enclosed by artificial dikes, that is used
to retard stormwater runoff by temporarily storing the runoff and
releasing it at a predetermined rate.
The average interval in years over which an event of a given
magnitude can be expected to recur.
That part of precipitation which flows over the land.
The surface components of any watershed which affect the
rate, amount, and direction of stormwater runoff. These may include
but are not limited to: vegetation, soils, slopes and man-made landscape
alterations.
U.S. Department of Agriculture Soil Conservation Service.
Mineral or organic solid material that is being transported
or has been moved from its site of origin by air, water or ice and
has come to rest.
The process by which mineral or organic matter is accumulated
or deposited by moving water, wind or gravity.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pa. Code and the Clean
Streams Law.
(See detention pond and retention pond).
The average interval in years over which a storm event of
a given precipitation volume can be expected to occur.
A sewer that carries intercepted surface runoff, street water
and other drainage but excludes domestic sewage and industrial waste.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Natural or man-made structures that collect and transport
stormwater through or from a drainage area to the point of final outlet
including, but not limited to, any of the following: conduits and
appurtenant features, canals, channels, ditches, streams, culverts,
streets, and pumping stations.
The plan for managing stormwater runoff adopted by Allegheny
County as required by the Storm Water Management Act.
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the development
site in accordance with this article. Stormwater Management Site Plan
will be designated as SWM Plan throughout this article.
The division or re-division 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, partition by the court
for distribution to heirs or devisees, 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
dwelling shall be exempted.
A low-lying stretch of land which gathers or carries surface
water runoff.
Any channel for conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a river or other body
of water whether natural or artificial. A "designated watershed" is
an area delineated by the PA DEP and approved by the Environmental
Quality Board for which counties are required to develop watershed
stormwater management plans.
Any and all rivers, streams, creeks, rivulets, impoundments,
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 plan for managing stormwater runoff throughout a designated
watershed adopted by Allegheny County as required by the Pennsylvania
Storm Water Management Act.
A.
Legality and severability. It is the intent of Borough Council that
the provisions of this article shall be interpreted to be in legal
compliance with all federal, state and county laws and regulations
applicable thereto. In the event that any part or provision of this
article is declared, by a final order of a court of competent jurisdiction,
to be illegal or unconstitutional, then it is the intent of Borough
Council that the remaining parts or provisions of this article shall
remain in full force and effect.
B.
Repealer. Any ordinance, or any part of any ordinance, in conflict
with the provisions of this article is hereby repealed to the extent
of such conflict.
A.
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
B.
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(April 15, 2000), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
C.
U.S. Department of Agriculture, National Resources Conservation Service
(NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001.
Originally published as the National Engineering Handbook, Section
4: Hydrology. Available from the NRCS online at: http://www.nrcs.usdagov/.
D.
U.S. Department of Agriculture, Natural Resources Conservation Service.
1986 Technical Release 55: Urban Hydrology for Small Watersheds, 2nd
Edition. Washington, D.C.
[Adopted 3-16-2015 by Ord. No. 1052]
A.
Short title. This Article shall be known and may be cited as the
"Borough of Edgewood MS4 Prohibited Discharge Ordinance."
B.
Statement of findings. The governing body of the municipality finds
that:
(1)
Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, increases the cost of public facilities to carry and
control stormwater, undermines floodplain management and flood control
efforts in downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases pollution of water resources.
(2)
Reasonable regulation of connections and discharges to municipal
separate storm sewer systems is fundamental to the public health,
safety, and welfare and the protection of people of the commonwealth,
their resources, and the environment.
(3)
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
(4)
Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES). Permittees are required to enact, implement, and enforce
a prohibition of non-stormwater discharges to the permittee's
regulated small municipal separate storm sewer systems (MS4s).
C.
Purpose. The purpose of this article is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in Subsection B of this section, through provisions designed to:
(1)
Provide standards to meet NPDES permit requirements.
(2)
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth.
(3)
Preserve the natural drainage systems as much as possible.
(4)
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
(5)
Prevent scour and erosion of stream banks and streambeds.
(6)
Provide proper operation and maintenance of all facilities and all
SWM BMPs that are implemented within the municipality.
D.
Statutory 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.
E.
Applicability. All activities related to proper operation and maintenance
of approved stormwater management BMPs and all activities that may
contribute non-stormwater discharges to a regulated small MS4 are
subject to regulation by this article.
F.
Repealer. Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this article is hereby
repealed to the extent of the inconsistency only.
G.
Severability. In the event that a court of competent jurisdiction
declares any section or provision of this article invalid, such decision
shall not affect the validity of any of the remaining provisions of
this article.
H.
Compatibility with other requirements. Actions taken under this article
do not affect any responsibility, permit or approval for any activity
regulated by any other code, law, regulation, or ordinance.
For the purposes of this article, certain terms and words used
herein shall be interpreted as follows:
A.
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 feminine gender; and words of feminine
gender include masculine gender.
B.
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.
C.
BEST MANAGEMENT PRACTICE (BMP)
CONSERVATION DISTRICT
DEP
EARTH DISTURBANCE ACTIVITY
MUNICIPALITY
NRCS
REGULATED ACTIVITIES
STATE WATER QUALITY REQUIREMENTS
STORMWATER
USDA
WATERS OF THIS COMMONWEALTH
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this article. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this article, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands, to small-scale underground treatment
systems, infiltration facilities, filter strips, low impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
A conservation district, as defined in § 3(c) of
the Conservation District Law (3 P.S. § 851(c)) that has
the authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code 102.
The Pennsylvania Department of Environmental Protection.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials. Earth disturbance activity is subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
Borough of Edgewood, Allegheny County, Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
Any activities that may affect stormwater runoff and any
activities that may contribute non-stormwater discharges to a regulated
small MS4.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
United States Department of Agriculture.
Any and all rivers, streams, creeks, rivulets, impoundments,
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.
A.
General requirements.
(1)
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 article and to meet
all requirements under Title 25 of the Pennsylvania Code and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual),2 No. 363-2134-008 (April 15, 2000),
as amended and updated.
(2)
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
of the adjacent property owner(s) by the developer. Such stormwater
flows shall be subject to the requirements of this article.
(3)
For all regulated activities, SWM BMPs shall be implemented, operated,
and maintained to meet the purposes and requirements of this article
and to meet all requirements under Title 25 of the Pennsylvania Code,
the Clean Streams Law, and the Storm Water Management Act.
(4)
Various BMPs and their design standards are listed in the BMP Manual.
A.
Responsibilities of developers and landowners.
(1)
Facilities, areas, or structures used as Stormwater Management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
(2)
O&M Plans for stormwater management approved pursuant to 25 Pa.
Code § 102 after the date of this article shall be recorded
as a restrictive deed covenant that runs with the land.
(3)
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
B.
Operation and maintenance agreements.
(1)
Prior to completing construction of a SWM Site Plan, the property
owner shall sign and record an Operation and Maintenance (O&M)
Agreement (see Appendix II-A) covering all stormwater control facilities
which are to be privately owned.
(a)
The owner, successor and assigns shall operate and maintain
all facilities in accordance with the approved schedule(s) in the
O&M Plan.
(b)
The owner shall convey to the Municipality conservation easements
to assure access for periodic inspections by the Municipality and
maintenance, as necessary.
(c)
The owner shall keep on file with the Municipality the name,
address, and telephone number of the person or company responsible
for operation and maintenance activities. In the event of a change,
new information shall be submitted by the owner to the Municipality
within 10 working days of the change.
(2)
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M Agreement,
the municipality may perform the services required and charge the
owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
A.
Prohibited discharges and connections.
(1)
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter a regulated small MS4 or to enter the waters
of this commonwealth is prohibited.
(3)
The following discharges are authorized unless they are determined
to be significant contributors to pollution a regulated small MS4
or to the waters of this commonwealth:
(a)
Discharges from firefighting 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)
Diverted stream flows.
(i)
Flows from riparian habitats and wetlands.
(j)
Uncontaminated water from foundations or from footing drains.
(k)
Lawn watering.
(l)
Dechlorinated swimming pool discharges.
(m)
Uncontaminated groundwater.
(n)
Water from individual residential car washing.
(o)
Routine external building wash down (which does not use detergents
or other compounds).
B.
Roof drains and sump pumps. The following applies to new construction
initiated after the effective date of this article and which result
in the creation of over 5,000 square feet of impervious surface area.
Roof drains and sump pumps shall discharge to infiltration or vegetative
BMPs or to a drainage system ultimately discharging into such BMPs.
A.
Right-of-entry. Upon presentation of proper credentials, the municipality
may enter at reasonable times upon any property within the municipality
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this article.
B.
Inspection. SWM BMPs should be inspected by the landowner, or the
owner's designee (including the municipality for dedicated and
owned facilities), according to the following list of minimum frequencies:
C.
Enforcement. It is unlawful for any person to modify, remove, fill,
landscape, or alter any approved SWM BMPs, facilities, areas, or structures
without the written approval of DEP or a delegated County Conservation
District, and the Municipality.
D.
Suspension and revocation.
(1)
Any approval or permit issued by the municipality may be suspended
or revoked for:
(a)
Non-compliance with or failure to implement any provision of
an approved SWM Site Plan or O&M Agreement.
(b)
A violation of any provision of this article or any other applicable
law, ordinance, rule, or regulation relating to a regulated activity.
(c)
The creation of any condition or the commission of any act which
constitutes or creates a hazard, nuisance, pollution, or endangers
the life or property of others.
(3)
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this article.
(4)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this article.
E.
Penalties.
(1)
Anyone violating the provisions of this article shall be guilty of
a summary offense, and upon conviction, shall be subject to a fine
of not more than $500 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
(2)
In addition, the municipality may institute injunctive, mandamus,
or any other appropriate action or proceeding at law or in equity
for the enforcement of this article. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
F.
Appeals.
(1)
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this article, may appeal to the municipality
within 30 days of that action.
(2)
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this article, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.
A.
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
B.
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(April 15, 2000), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
