A.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 190-14:
B.
SWM site plans approved by the municipality, in accordance with § 190-23, shall be on site throughout the duration of the regulated activity.
C.
The municipality may, after consultation with 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
Manual[1]), No. 363-2134-008, as amended and updated.
[1]
Editor's Note: See Reference 4 in Art. X.
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, the total impervious area on the parcel is subject to the requirements of this chapter, except that the volume controls in § 190-15 and the peak rate controls of § 190-16 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[2]). 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.
[2]
Editor's Note: See Reference 3 in Art. X.
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 hours 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 can be accessed
at: http://hdsc.nws.noaa.gov/hdsc/pfds/.[3]
[3]
Editor's Note: See also Reference 5 in Art. X.
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.[4]
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
A.
The following are exempt from the requirements of this chapter:
(1)
Regulated activities that result in cumulative earth disturbances
less than 5,000 square feet.
(2)
Regulated activities that result in the addition of less than 5,000
square feet of impervious area.
(3)
Use of land for gardening for home consumption.
(4)
Agriculture when operated in accordance with a conservation plan
or erosion and sedimentation control plan found adequate by the Conservation
District. The agricultural activities such as growing crops, rotating
crops, tilling of soil and grazing animals and other such activities
are specifically exempt from complying with the requirements of this
chapter.
(5)
Forest management operations which are following the Department of
Environmental Protection's management practices contained in
its publication "Soil Erosion and Sedimentation Control Guidelines
for Forestry" and are operating under an erosion and sedimentation
control plan.
B.
These exemptions shall not relieve the applicant from implementing
such measures as are necessary to protect health, safety, property
and state water quality requirements. These measures include adequate
and safe conveyance of stormwater on the site and as it leaves the
site. These exemptions do not relieve the applicant from the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act or ordinance.
C.
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.
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[1]) 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.
[1]
Editor's Note: See Reference 3 in Art. X.
B.
The Simplified Method (CG-2 in the BMP Manual[2]) 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.
[2]
Editor's Note: See Reference 3 in Art. X.
Post-development discharge rates shall not exceed the pre-development
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 pre-development 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.
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 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 streambank
(on each side).
C.
Minimum management requirements for riparian buffers.
(1)
Existing native vegetation shall be protected and maintained within
the riparian buffer easement.
(2)
Whenever practicable, invasive vegetation shall be actively removed
and the riparian buffer easement shall be planted with native trees,
shrubs and other vegetation to create a diverse native plant community
appropriate to the intended ecological context of the site.
D.
The riparian buffer easement shall be enforceable by the 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 required by zoning, unless otherwise specified in the municipal
Zoning Ordinance.[1]
[1]
Editor's Note: The Zoning Ordinance is on file in the
Borough offices.
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.
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.
