Borough of Edgewood, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Edgewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Wilkinsburg — Penn Joint Water Authority — See Ch. 8. Art. I.
Uniform construction codes — See Ch. 105.
Subdivision and land development — See Ch. 180.
Zoning — See Ch. 200.
Attachment 1 - Appendix I-A Operation and Maintenance Agreement Attachment 2 - Appendix I-B Low-Impact Development Attachment 3 - Appendix I-C Pollutant Loads Attachment 4 - Appendix II-A Operation and Maintenance Agreement
[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. 
Statutory authority.
(1) 
Primary authority.
(a) 
The Borough is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act" and the (appropriate municipal code).
(2) 
Secondary authority.
(a) 
The Borough 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 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:
[1] 
To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.
[2] 
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
(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.
[2] 
For modeling purposes:
[a] 
Existing (predevelopment) non-forested pervious areas must be considered meadow or its equivalent.
[b] 
Twenty percent of existing impervious area, when present, shall be considered meadow in the model for existing conditions.
(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:
(a) 
Infiltration of runoff on-site.
(b) 
Flow attenuation by use of open vegetated swales and natural depressions.
(c) 
Stormwater detention/retention structures.
(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:
[1] 
With cradle when traversing fill areas of indeterminate stability;
[2] 
With anchors when gradient exceeds 20%;
[3] 
With stone bedding as appropriate to pipe material selected; and
[4] 
With encasement or special backfill (100% stone backfill) requirements when traversing under a paved area.
(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.
(l) 
Storm sewer outfalls shall be equipped with energy dissipation devices to prevent erosion and conform with applicable requirements of the PA DEP for stream encroachments (Chapter 105 of PA DEP Rules and Regulations).
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.
(c) 
If appropriate, a justification should be submitted as to why any preferred stormwater management techniques, as listed in § 175-3, are not proposed for use.
(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.
(d) 
Include copies of legal agreements relating to financial responsibility required to implement the maintenance program and, if applicable, copies of the maintenance agreement as required by § 175-5 of this article.
(9) 
Financial guarantees. Submit financial guarantees in accordance with the provisions of § 175-11 of this article.
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:
(1) 
Be in the form of a bond, cash, certified check or other negotiable securities acceptable to the Borough;
(2) 
Be for a term of 18 months; and
(3) 
Be in an amount equal to 15% of the actual cost of the improvements and facilities proposed for dedication.
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.
(2) 
A suspended approval may be reinstated by the municipality when:
(a) 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The Borough is satisfied that the violation has been corrected.
(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.
ACT
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).
APPLICANT
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.
APPLICANT
A landowner or developer who has filed an application for development including his/her heirs, successors and assigns.
BEST MANAGEMENT PRACTICE (BMP)
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.
BOROUGH
The Borough of Edgewood.
CHANNEL
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.
CONSERVATION DISTRICT
The Allegheny County Conservation District.
COUNTY
Allegheny County, Pennsylvania.
CULVERT
A closed conduit for the free passage of surface drainage under a highway, railroad, canal or other embankment.
DEP
The Pennsylvania Department of Environmental Protection.
A. 
Engineering guidelines specifying construction details and materials.
B. 
Objectives, results, or limits which must be met by a facility, structure, or process in performance of its intended functions.
DESIGN STORM
See "storm frequency."
DETENTION
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.
DETENTION POND
A pond or reservoir, usually small, constructed to impound or retard surface runoff temporarily.
DEVELOPER
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.
DEVELOPMENT
Any activity, construction, alteration, change in land use or practice that affects stormwater runoff characteristics.
DISCHARGE
The flow or rate of flow from a canal, conduit, channel or other hydraulic structure.
DRAINAGE
In general, the removal of surface water from a given area. Commonly applied to surface water and ground water.
A. 
The area of a drainage basin or watershed, expressed in acres, square miles, or other unit of area. Also called catchment area, watershed, river basin.
B. 
The area served by a sewer system receiving storm and surface water, or by a watercourse.
EARTH DISTURBANCE ACTIVITY
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.
ENCROACHMENT
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.
EROSION
Wearing away of the lands by running water, glaciers, winds and waves.
EROSION CONTROL
The application of measures to reduce erosion of land surfaces.
FOREST MANAGEMENT/TIMBER OPERATIONS
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.
GROUND COVER
Materials covering the ground surface.
GROUND WATER
Subsurface water occupying the saturation zone, from which wells and springs are fed.
GROUND WATER RECHARGE
Replenishment of ground water naturally by precipitation or runoff or artificially by spreading or injection.
HYDROLOGIC SOIL GROUP (HSG)
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.
IMPERVIOUS
Not allowing or allowing only with great difficulty the movement of water; impermeable.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
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.
A. 
The flow or movement of water through the interstices or pores of a soil or other porous medium.
B. 
The absorption of liquid by the soil.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels or land for any purpose involving:
(1) 
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.
(2) 
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.
B. 
A subdivision of land.
LAND DISTURBANCE
Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.
MAINTENANCE
The upkeep necessary for efficient operation of physical properties.
MUNICIPALITIES PLANNING CODE
Pennsylvania Municipalities Planning Code (Act of July 31, 1968, P.L. 805, No. 247; 53 P.S. § 10101 et seq., as amended).
MUNICIPALITY
The Borough of Edgewood.
NATURAL STORMWATER RUNOFF REGIME
A watershed where natural surface configurations, runoff characteristics and defined drainage conveyances have attained the conditions of equilibrium.
A. 
The point, location or structure where drainage discharges from a sewer, drain or other conduit.
B. 
The conduit leading to the ultimate discharge point.
OUTLET CONTROL STRUCTURE
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.
PERFORMANCE STANDARD
A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it.
PEAK FLOW
Maximum flow rate.
PA DEP
Pennsylvania Department of Environmental Protection.
PERSON
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.
PROJECT SITE
The specific area of land where any regulated activities in the Borough are planned, conducted, or maintained.
QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State for the services they are providing.
REGULATED ACTIVITIES
Any earth disturbance activities or any activities that involve the alteration, development or redevelopment of land in a manner that may affect stormwater runoff.
REGULATED EARTH DISTURBANCE ACTIVITY
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.
RETENTION POND
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.
RETURN PERIOD
The average interval in years over which an event of a given magnitude can be expected to recur.
RUNOFF
That part of precipitation which flows over the land.
RUNOFF CHARACTERISTICS
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.
SCS
U.S. Department of Agriculture Soil Conservation Service.
SEDIMENT
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.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving water, wind or gravity.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pa. Code and the Clean Streams Law.
STORAGE FACILITY
(See detention pond and retention pond).
STORM FREQUENCY
The average interval in years over which a storm event of a given precipitation volume can be expected to occur.
STORM SEWER
A sewer that carries intercepted surface runoff, street water and other drainage but excludes domestic sewage and industrial waste.
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER COLLECTION SYSTEM
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.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff adopted by Allegheny County as required by the Storm Water Management Act.
STORMWATER MANAGEMENT SITE PLAN
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.
SUBDIVISION
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.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
WATERCOURSE
Any channel for conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
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.
WATERS OF THIS COMMONWEALTH
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.
WATERSHED STORMWATER MANAGEMENT PLAN
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. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
BEST MANAGEMENT PRACTICE (BMP)
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.
CONSERVATION DISTRICT
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.
DEP
The Pennsylvania Department of Environmental Protection.
EARTH DISTURBANCE ACTIVITY
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.
MUNICIPALITY
Borough of Edgewood, Allegheny County, Pennsylvania.
NRCS
USDA Natural Resources Conservation Service (previously SCS).
REGULATED ACTIVITIES
Any activities that may affect stormwater runoff and any activities that may contribute non-stormwater discharges to a regulated small MS4.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
USDA
United States Department of Agriculture.
WATERS OF THIS COMMONWEALTH
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.
(2) 
No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except:)
(a) 
As provided in Subsection A(3) below; and
(b) 
Discharges allowed under a state or federal permit.
(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).
(4) 
In the event that the municipality or DEP determines that any of the discharges identified in Subsection A(3) significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.
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:
(1) 
Annually for the first five years following construction.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
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.
(2) 
A suspended approval may be reinstated by the municipality when:
(a) 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The municipality is satisfied that the violation has been corrected.
(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.