A. 
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 260-13:
(1) 
Preparation and implementation of an approved SWM site plan is required.
(2) 
No regulated activities shall commence until the municipality issues written approval of an SWM site plan, which demonstrates compliance with the requirements of this chapter.
B. 
SWM site plans approved by the municipality, in accordance with § 260-22, shall be on site throughout the duration of the regulated activity.
C. 
The municipality may, after consultation with the DEP, 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.
D. 
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 and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual3), No. 363-2134-008, as amended and updated.
E. 
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 parcel of more than 750 square feet, the total impervious area on the parcel is subject to the requirements of this chapter, except that the volume controls in § 260-14 and the peak rate controls of § 260-15 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
F. 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
G. 
All regulated activities shall include such measures as necessary 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, and wooded areas.
(b) 
Maintain or extend riparian buffers.
(c) 
Avoid erosive flow conditions in natural flow pathways.
(d) 
Minimize thermal impacts to waters of this commonwealth.
(e) 
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(3) 
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual).[1] If methods other than green infrastructure and 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.
[1]
Editor's Note: See Reference 3 in Article IX of this chapter.
H. 
The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
I. 
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 chapter.
J. 
Normally dry, open top, 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.
K. 
The design storm volumes to be used in the analysis of peak rates of discharge should 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 14[2] can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
[2]
Editor's Note: See Reference 5 in Article IX of this chapter.
L. 
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.[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
M. 
Various BMPs and their design standards are listed in the BMP Manual.[4]
[4]
Editor's Note: See Reference 3 in Article IX of this chapter.
N. 
For all regulated activities exempted or not exempted, the property owner shall complete and file with the Borough for approval a stormwater management permit application in the form attached hereto as Appendix B.[5]
[Added 2-28-2023 by Ord. No. 4-2023]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended 2-28-2023 by Ord. No. 4-2023]
A. 
Regulated activities that create new impervious areas or earth disturbance shall adhere to Table III to meet the requirements of this chapter. The larger of the two areas determines the applicable requirements of this chapter (i.e., if only 500 square feet of impervious area is proposed, but 15,000 square feet of earth disturbance, the requirements follow row 3 of Table III).
B. 
Agricultural activity is exempt from the stormwater management (SWM) site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Section 102.
C. 
Forest management and timber operations are exempt from the SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Section 102.
D. 
Exemptions from any provisions of this chapter shall not relieve the applicant from the requirements in § 260-12D through K and N.
E. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
Table III Stormwater Management Requirements and Exemptions
Proposed Impervious Area
(square feet)
Proposed Total Earth Disturbance
(square feet)
Ordinance Exemptions
Stormwater Management Requirements
What Is Required to Submit to Municipality?
(in addition to stormwater application)
<1,000
<5,000
§§ 260-14 and 260-15 and Article IV of this chapter
Ensure § 260-12D thru K are met
N/A
1,000 to 5,000
5,000 to 10,000
§§ 260-14 and 260-15 and Article IV of this chapter
Disconnected impervious area (DIA) as in Appendix C.1
Appendix C.1 Worksheet and Sketch (or equivalent)
or
or
Capture and control first 1 inch of runoff over proposed impervious areas as in Appendix E
Appendix E worksheet and sketch (or equivalent)
5,000 to 10,000
10,000 to 20,000
§ 260-15 and Article IV of this chapter
Capture and permanently remove the two inches of runoff over proposed impervious areas as in § 260-14B of this chapter
Appendix D worksheet and sketch (or equivalent)
>10,000
>20,000
None
All requirements of this chapter
All requirements of this chapter
The green infrastructure and low-impact development practices provided in the BMP Manual shall be utilized for all regulated activities wherever possible. 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 to 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.
A. 
The Design Storm Method (CG-1 in the BMP Manual) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.
(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.
(2) 
For modeling purposes:
(a) 
Existing (predevelopment) nonforested pervious areas must be considered meadow in good condition.
(b) 
Twenty percent of existing impervious area, when present, shall be considered meadow in good condition in the model for existing conditions.
B. 
The Simplified Method (CG-2 in the BMP Manual)[1] 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.
(4) 
This method is exempt from the requirements of § 260-15, Rate controls.
[1]
Editor's Note: See Reference 3 in Article IX of this chapter.
A. 
For areas not covered by a release rate map from an approved Act 167 stormwater management plan: Post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty- and one-hundred-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 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.
B. 
For areas covered by a release rate map from an approved Act 167 stormwater management plan: For the one-, two-, five-, ten-, twenty-five-, fifty- and one-hundred-year twenty-four-hour storm events, the post-development peak discharge rates will follow the applicable approved release rate maps. For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.
A. 
In order 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 25 Pa. Code Chapter 102, the riparian buffer easement shall be measured to be the greater of the limit of the one-hundred-year floodplain or a minimum of 35 feet from the top of the stream bank (on each side).
C. 
Minimum management requirements for riparian buffers.
(1) 
Existing native vegetation shall be protected and maintained by the owner of the property subject to the easement within the riparian buffer easement.
D. 
The riparian buffer easement shall be enforceable by the municipality and shall be recorded in the appropriate 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 zoning, unless otherwise specified in the municipal Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 300, Zoning.
E. 
Any permitted use within the riparian buffer easement shall be conducted in a manner that will maintain the extent of the existing one-hundred-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 buffers:
(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.