Borough of Morrisville, PA Stormwater Management

This chapter shall apply to those areas of the Borough that are located within the Delaware River South Watershed, as delineated in Appendix H,[1] which is hereby adopted as part of this chapter.

[1]

Editor's Note: Appendix H is included at the end of this chapter.

This chapter shall only apply to permanent best management practices (BMPs) and/or stormwater management facilities constructed as part of any of the regulated activities listed in this chapter. Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.

This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinances or at the municipal engineer's discretion.

The following activities are defined as "regulated activities" and shall be regulated by this chapter:

(1)

Land development.

(2)

Subdivision.

(3)

Construction of new or additional impervious or semipervious surfaces (driveways, parking lots, patios, tennis courts, etc.).

(4)

Construction of new buildings or additions to existing buildings.

(5)

Diversion or piping of any natural or man-made stream channel.

(6)

Installation of BMPs and/or stormwater management facilities or appurtenances thereto.

Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.

§ 370-2 Definitions.

For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:

(1)

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.

(2)

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.

(3)

The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.

(4)

The words "shall" and "must" refers to items which are mandatory; the words "may" and "should" refer to items which are permissive.

(5)

The words "used or occupied" include the words "intended, designed, maintained, or arranged to be used, occupied, or maintained."

As used in this chapter, the following terms shall have the meanings indicated:

ACCELERATED EROSION

The removal of the surface of the land through the combined action of man's activity and the natural processes at a rate greater than would occur because of the natural process alone.

AGRICULTURAL ACTIVITIES

The work of producing crops and raising livestock including tillage, plowing, disking, harrowing, pasturing and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.

ALTERATION

As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; land disturbance.

APPLICANT

A landowner or applicant who has filed an application for approval to engage in any regulated activities as defined in this chapter.

AS-BUILT DRAWINGS

Those maintained by the contractor as he constructs the project and upon which he documents the actual locations of the building components and changes to the original contract documents. These, or a copy of the same, are turned over to the Borough's designee at the completion of the project.

BANKFULL

The channel at the top of bank or point where water begins to overflow onto a floodplain.

BASE FLOW

The portion of stream flow that is sustained by groundwater discharge.

BIORETENTION

A stormwater management facility which utilizes woody and herbaceous plants and soils to remove pollutants before infiltration occurs.

BMP (BEST MANAGEMENT PRACTICE)

Stormwater structures, facilities and techniques to control, maintain or improve the quantity and quality of surface runoff. The PA Handbook of BMPs for Developing Areas and the Maryland Stormwater Design Manual may be referenced for specific BMP practices.

BOROUGH

Morrisville Borough, Bucks County, Pennsylvania.

CHANNEL EROSION

The widening, deepening, and headward cutting of small channels and waterways caused by moderate to large floods.

CISTERN

An underground reservoir or tank for storing rainwater.

CONSERVATION DISTRICT

The Bucks County Conservation District.

CULVERT

A structure with appurtenant works which carries a stream under or through an embankment or fill.

DAM

An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or another fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes that does or may impound water or another fluid or semifluid.

DEP

Pennsylvania Department of Environmental Protection.

DEPARTMENT

Pennsylvania Department of Environmental Protection.

DESIGNEE

The agent of the Borough responsible for the administration, review, or enforcement of any provisions of this chapter by contract or memorandum of understanding.

DESIGN PROFESSIONAL (QUALIFIED)

A Pennsylvania registered professional engineer, registered landscape architect, or a registered professional land surveyor trained to develop stormwater management plans.

DESIGN STORM

The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems.

DETENTION BASIN

An impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

DETENTION DISTRICT

Those subareas in which some type of detention is required to meet the plan requirements and the goals of Act 167.

DEVELOPMENT SITE

The specific tract of land for which a regulated activity is proposed.

DIFFUSED DRAINAGE DISCHARGE

Drainage discharge not confined to a single point location or channel, such as sheet flow or shallow concentrated flow.

DISTURBED AREAS

Unstabilized land area where an earth disturbance activity is occurring or has occurred.

DOWNSLOPE PROPERTY LINE

That portion of the property line of the lot, tract, or parcels of land being developed located such that all overland or pipe flow from the site would be directed towards it.

DRAINAGE-CONVEYANCE FACILITY

A stormwater management facility designed to transmit stormwater runoff and shall include streams, channels, swales, pipes, conduits, culverts, storm sewers, etc.

DRAINAGE EASEMENT

A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.

DRAINAGE PERMIT

A permit issued by the Borough after the drainage plan has been approved. Said permit is issued prior to or with the final Borough approval.

DRAINAGE PLAN

The documentation of the stormwater management system, to be used for a given development site, the contents of which are established in this chapter.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.

EMERGENCY SPILLWAY

A conveyance area that is used to pass peak discharge greater than the maximum design storm controlled by the stormwater facility.

ENCROACHMENT

A structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.

EROSION

The movement of soil particles by the action of water, wind, ice, or other natural forces.

EROSION AND SEDIMENT POLLUTION CONTROL PLAN

A plan that is designed to minimize accelerated erosion and sedimentation.

ERSAM

Existing Resource and Site Analysis Map.

EXCEPTIONAL VALUE WATERS

Surface waters of high quality which satisfy Pennsylvania Code Title 25 Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(b) (relating to antidegradation).

EXISTING CONDITIONS

The initial condition of a project site prior to the proposed construction. If the initial condition of the site is undeveloped land, the land use shall be considered as "meadow" unless the natural land cover is proven to generate lower curve numbers or Rational "C" values.

FLOOD

A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, and other waters of this Commonwealth.

FLOODPLAIN

Any land area susceptible to inundation by water from any natural source or delineated as a special flood hazard area on the applicable National Flood Insurance Program Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Also included are areas that comprise Group 13 Soils, as listed in Appendix A of the DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).

FLOODWAY

The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

FOREST MANAGEMENT/TIMBER OPERATIONS

Planning and activities necessary for the management of forest land. These include timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.

FREEBOARD

A vertical distance between the elevation of the design high water and the top of a dam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a pond or basin.

GRADE

A slope, usually of a road, channel, or natural ground specified in percent and shown on plans as specified herein.

(TO) GRADE

To finish the surface of a roadbed, top of embankment, or bottom of excavation.

GRASSED WATERWAY

A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water.

GROUNDWATER RECHARGE

Replenishment of existing natural underground water supplies.

HEC-HMS

The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC) - Hydrologic Modeling System (HMS) adapted to the Delaware River South Creek watershed.

HIGH QUALITY WATERS

Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(a).

HYDROLOGIC REGIME (NATURAL)

The hydrologic cycle or balance that sustains quality and quantity of stormwater, baseflow, storage, and groundwater supplies under natural conditions.

HYDROLOGIC SOIL GROUP

A classification of soils by the Natural Resources Conservation Service, formerly the Soil Conservation Service, into four runoff potential groups. The groups range from A soils, which are very permeable and produce little runoff, to D soils, which are not very permeable and produce much more runoff.

HYETOGRAPH

A graphical representation of average rainfall, rainfall excess rates, or volumes over specified areas during successive units of time during a storm.

IMPERVIOUS SURFACE

A surface that prevents the percolation of water into the ground such as building rooftops, pavement, sidewalks, driveways and compacted earth or turf.

IMPOUNDMENT

A retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.

INFILL

Development that occurs on smaller parcels that remain undeveloped but are within or in very close proximity to urban areas. The development relies on existing infrastructure and does not require an extension of water, sewer, or other public utilities.

INFILTRATION

The passing of stormwater through the soil from the surface.

INFILTRATION STRUCTURES

A structure designed to direct runoff into the ground (e.g., french drains, seepage pits, seepage trench).

INLET

A surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow.

LAND DEVELOPMENT

(1)

The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving: (i) a group of two or more residential or nonresidential buildings, whether initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

(2)

A subdivision of land.

(3)

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code Act of 1968 (Act 247).

LAND EARTH DISTURBANCE

Any activity involving grading, tilling, digging, or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land.

LIMITING ZONE

A soil horizon or condition in the soil profile or underlying strata which includes one of the following:

(1)

A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.

(2)

A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.

(3)

A rock formation, other stratum or soil condition which is so slowly permeable that it effectively limits downward passage of effluent.

MAIN STEM (MAIN CHANNEL)

Any stream segment or other runoff conveyance facility used as a reach in the Delaware River South Creek hydrologic model.

MANNING EQUATION (MANNING FORMULA)

A method for calculation of velocity of flow (e.g., feet per second) and flow rate (e.g., cubic feet per second) in open channels based upon channel shape, roughness, depth of flow and slope. Open channels may include closed conduits so long as the flow is not under pressure.

NATURAL HYDROLOGIC REGIME

See "hydrologic regime."

NONPOINT SOURCE POLLUTION

Pollution that enters a body of water from diffuse origins in the watershed and does not result from confined or discrete conveyances.

NPDES

National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

NRCS

Natural Resources Conservation Service (previously Soil Conservation Service).

OPEN CHANNEL

A drainage element in which stormwater flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.

OUTFALL

Point where water flows from a conduit, stream, or drain.

OUTLET

Points of water disposal from a stream, river, lake, tidewater or artificial drain.

PARENT TRACT

The parcel of land from which a land development or subdivision originates as of the date of the original Delaware River South Creek Stormwater Ordinance adoption.

PARKING LOT STORAGE

Involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms.

PEAK DISCHARGE

The maximum rate of stormwater runoff from a specific storm event.

PENN STATE RUNOFF MODEL (CALIBRATED)

The computer-based hydrologic modeling technique adapted to the Delaware River South Creek Watershed for the Act 167 plan. The model has been calibrated to reflect actual recorded flow values by adjoining key model input parameters.

PIPE

A culvert, closed conduit, or similar structure (including appurtenances) that conveys stormwater.

PLANNING COMMISSION

The Morrisville Borough Planning Commission.

PMF (PROBABLE MAXIMUM FLOOD)

The flood that may be expected from the most severe combination of critical meteorological and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation (PMP) as determined based on data obtained from the National Oceanographic and Atmospheric Administration (NOAA).

POINT SOURCE

Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.

PREDEVELOPMENT

Undeveloped/natural condition.

PRETREATMENT

Techniques employed in stormwater BMPs to provide storage or filtering to help trap coarse materials and other pollutants before they enter the system.

PROJECT SITE

The specific area of land where any regulated activities in the Borough are planned, conducted or maintained.

RATIONAL METHOD

A rainfall-runoff relation used to estimate peak flow.

RECHARGE AREA

Undisturbed surface area or depression where stormwater collects, and a portion of which infiltrates and replenishes the underground and groundwater.

RECONSTRUCTION

The process by which existing developed area is adaptively reused, rehabilitated, restored, renovated, and/or expanded. The development relies on existing infrastructure and does not require an extension of water, sewer, or other public utilities.

RECORD DRAWINGS

Original documents revised to reflect the as-built conditions.

REDEVELOPMENT

The construction, alteration, or improvement exceeding 5,000 square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential.

REGULATED ACTIVITIES

Actions or proposed actions that have an impact on stormwater runoff and that are specified in this chapter.

REGULATED EARTH DISTURBANCE ACTIVITY

Defined under NPDES Phase II regulations as earth disturbance activity of one acre or more with a point source discharge to surface waters or the Municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development.

RELEASE RATE

The percentage of existing conditions peak rate of runoff from a site or subarea to which the proposed conditions peak rate of runoff must be reduced to protect downstream areas.

RETENTION BASIN

An impoundment in which stormwater is stored and not released during the storm event. Stored water may be released from the basin at some time after the end of the storm.

RETURN PERIOD

The average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the twenty-five-year return period rainfall would be expected to recur on the average of once every 25 years.

RISER

A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.

ROAD MAINTENANCE

Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

ROOFTOP DETENTION

Temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs.

RUNOFF

Any part of precipitation that flows over the land surface.

SALDO

Chapter 390, Subdivision and Land Development, of this Code.

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by the movement of water.

SEDIMENT BASIN

A barrier, dam, or retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.

SEDIMENT POLLUTION

The placement, discharge, or any other introduction of sediment into the waters of the Commonwealth occurring from the failure to design, construct, implement or maintain control measures and control facilities in accordance with the requirements of the DEP Erosion and Sediment Pollution Control Program Manual.

SEEPAGE PIT/SEEPAGE TRENCH

An area of excavated earth filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the ground.

SEPARATE STORM SEWER SYSTEM

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.

SHEET FLOW

Runoff that flows over the ground surface as a thin, even layer, not concentrated in a channel.

SOIL-COVER COMPLEX METHOD

A method of runoff computation developed by the NRCS that is based on relating soil type and land use/cover to a runoff parameter called curve number (CN).

SOURCE WATER PROTECTION AREAS (SWPA)

The zone through which contaminants are likely to migrate and reach a drinking water well or surface water intake.

SPECIAL PROTECTION SUBWATERSHEDS

Watersheds for which the receiving waters are exceptional value (EV) or high quality (HQ) waters.

SPILLWAY

A conveyance that is used to pass the peak discharge of the maximum design storm controlled by the stormwater facility.

STATE WATER QUALITY REQUIREMENTS

As defined under state regulations, protection of designated and existing uses (see 25 Pa. Code Chapters 93 and 96), including:

(1)

Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.

(2)

"Existing uses" are those attained as of November 1975, regardless whether they have been designated in Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.

(3)

Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.

STORAGE INDICATION METHOD

A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage) with "outflow" defined as a function of storage volume and depth.

STORM FREQUENCY

The number of times that a given storm event occurs or is exceeded on the average in a stated period of years. See "return period."

STORM SEWER

A system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources, but excludes domestic sewage and industrial wastes.

STORMWATER

The total amount of precipitation reaching the ground surface.

STORMWATER MANAGEMENT FACILITY

Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration structures.

STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff in the Delaware River South Watershed adopted by Bucks County as required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the "Delaware River South Watershed Act 167 Stormwater Management Plan."

STORMWATER MANAGEMENT SITE PLAN

The plan prepared by the applicant or his representative indicating how stormwater runoff will be managed at the particular site of interest according to this chapter.

STREAM

A natural watercourse.

STREAM BUFFER

The land area adjacent to each side of a stream, essential to maintaining water quality measured 150 feet from the top of the bank.

STREAM ENCLOSURE

A bridge, culvert, or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this Commonwealth.

SUBAREA

The smallest drainage unit of a watershed for which stormwater management criteria have been established in the stormwater management plan.

SUBDIVISION

The division or redivision 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 of 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 proposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SURFACE WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface waters, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth.

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

TIMBER OPERATIONS

See "forest management."

TIME OF CONCENTRATION (TC)

The time for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time is the combined total of overland flow time and flow time in pipes or channels, if any.

WATERCOURSE

A river, brook, creek, or a channel or ditch for water, whether natural or man-made with perennial or intermittent flow.

WATERSHED

Region or area drained by a river, watercourse or other body of water, whether natural or artificial.

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, 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.

WELLHEAD

A structure built over a well, or the source of water for a well.

WELLHEAD PROTECTION AREA

The surface and subsurface area surrounding a water supply well, well field, spring, or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move towards and reach the water source.

WETLAND

Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas.

§ 370-3 Requirements applicable to all systems.

All regulated activities in Delaware River South Watershed that do not fall under the exemption criteria shown in § 370-17 shall submit a drainage plan consistent with the Delaware River South Watershed Stormwater Management Plan to the municipality for review. These criteria shall apply to the total proposed development even if development is to take place in stages. Impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious for the exemption criteria.

Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities or open channels consistent with this chapter.

The drainage plan must be designed consistent with the sequencing provisions of § 370-6 to ensure maintenance of the natural hydrologic regime and to promote groundwater recharge and protect groundwater and surface water quality and quantity. The drainage plan designer must proceed sequentially in accordance with the terms of §§ 370-3 through 370-15.

The existing points of concentrated drainage that discharge onto adjacent property shall not be altered without permission of the affected property owner(s) and shall be subject to any applicable discharge criteria specified in this chapter.

Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding, or other harm will result from the concentrated discharge.

Whenever a watercourse is located within a development site, it shall remain open in its natural state and location and should not be piped, impeded, or altered (except for road crossings). It is the responsibility of the developer to stabilize existing eroded stream/channel banks.

Where a development site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement.

When it can be shown that, due to topographic conditions, natural drainageways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by the municipality and the DEP through the joint permit application process, or, where deemed appropriate by DEP, through the general permit process.

Any stormwater management facilities regulated by this chapter that would be located in or adjacent to waters of the Commonwealth or wetlands shall be subject to approval by DEP through the joint permit application process, or, where deemed appropriate by DEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant or his agent to show that the land in question cannot be classified as wetlands; otherwise approval to work in the area must be obtained from DEP.

Any stormwater management facilities regulated by this chapter that would be located on or discharge into state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).

Minimization of impervious surfaces and infiltration of runoff through seepage beds, infiltration trenches, etc., are required to reduce the size or eliminate the need for detention facilities.

Roof drains must not be discharged to streets or roadside ditches or connected to sanitary or storm sewers. Overland flow and infiltration/percolation of stormwater shall be promoted where advantageous to do so. Only when it is more advantageous to connect directly to streets or storm sewers shall it be permitted on a case-by-case basis by the Borough.

All stormwater runoff shall be pretreated for water quality prior to discharge to surface or groundwater as required by § 370-5, Erosion and sediment control during regulated earth disturbance activities, of this chapter.

All regulated activities within the Borough shall be designed, implemented, operated and maintained to meet the purposes of this chapter, through these two elements:

(1)

Erosion and sediment control during the earth disturbance activities (e.g., during construction); and

(2)

Water quality protection measures after completion of earth disturbance activities (i.e., after construction), including operations and maintenance.

No regulated earth disturbance activities within the Borough shall commence until the requirements of this chapter are met.

Postconstruction water quality protection shall be addressed as required by § 370-7.

Operations and maintenance of permanent stormwater BMPs shall be addressed as required by §§ 370-27 through 370-36 of this chapter.

All best management practices (BMPs) used to meet the requirements of this chapter shall conform to the state water quality requirements and any more stringent requirements as set forth by the Municipality.

Techniques described in Appendix J [Low Impact Development (LID) Practices][1] of this chapter shall be considered because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.

[1]

Editor's Note: Appendix J is included at the end of this chapter.

§ 370-4 Permit requirements by other government entities.

The following permit requirements may apply to certain regulated earth disturbance activities, and where they apply must be met prior to commencement of regulated earth disturbance activities, as applicable:

All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.

Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 105.

Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.

Any stormwater management facility that would be located on a state highway right-of-way, or require access from a state highway, shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).

Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.

§ 370-5 Erosion and sediment control during regulated earth disturbance activities.

No regulated earth disturbance activities within the Borough shall commence until the Borough approves an Erosion and Sediment Control Plan for construction activities.

DEP has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).

In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities when there is land disturbance greater than one acre.

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection 403.A.4.

A copy of the Erosion and Sediment Control Plan and any required permit, as required by DEP regulations, shall be available on the project site at all times.

§ 370-6 Nonstructural project design (sequencing to minimize stormwater impacts).

The design of all regulated activities shall include the following steps in sequence to minimize stormwater impacts.

(1)

The applicant is required to find practicable alternatives to the surface discharge of stormwater, the creation of impervious surfaces and the degradation of waters of the Commonwealth, and must maintain as much as possible the natural hydrologic regime of the site.

(2)

An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes and other municipal requirements.

(3)

All practicable alternatives to the discharge of stormwater are presumed to have less adverse impact on quantity and quality of waters of the Commonwealth unless otherwise demonstrated.

The applicant shall demonstrate that they designed the regulated activities in the following sequence to minimize the increases in stormwater runoff and impacts to water quality:

(1)

Prepare an Existing Resource and Site Analysis Map (ERSAM), showing environmentally sensitive areas including, but not limited to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, vernal pools, floodplains, stream buffer zones, hydrologic soil groups A, B, C, and D, any existing recharge areas and any other requirements outlined in Chapter 390, Subdivision and Land Development. Establish stream buffer according to recommended criteria or applicable ordinances.

(2)

Prepare a draft project layout avoiding sensitive areas identified in Subsection B(1) and minimizing total site earth disturbance as much as possible. The ratio of disturbed area to the entire site area and measures taken to minimize earth disturbance shall be included in the ERSAM.

(3)

Identify site-specific existing conditions, drainage areas, discharge points, recharge areas, and hydrologic soil groups A and B.

(4)

Evaluate nonstructural stormwater management alternatives (see Appendix F, Table F-6).[1]

(a)

Minimize earth disturbance.

(b)

Minimize impervious surfaces.

(c)

Break up large impervious surfaces.

[1]

Editor's Note: Appendix F, Table F-6, is included at the end of this chapter.

(5)

Satisfy water quality objective (§ 370-7).

(6)

Satisfy groundwater recharge (infiltration) objective (§ 370-8) and provide for stormwater treatment prior to infiltration.

(7)

Satisfy streambank erosion protection objective (§ 370-9).

(8)

Determine what management district the site falls into (Appendix H[2]) and conduct a predevelopment runoff analysis.

[2]

Editor's Note: Appendix H is included at the end of this chapter.

(9)

Prepare final project design to maintain predevelopment drainage areas and discharge points, to minimize earth disturbance and impervious surfaces, and to reduce runoff to the maximum extent possible, the use of surface or point discharges.

(10)

Conduct a proposed conditions runoff analysis based on the final design and to meet the release rate and in turn the overbank flow and extreme event requirements (§ 370-10).

(11)

Manage any remaining runoff through treatment prior to discharge, as part of detention, bioretention, direct discharge or other structural control.

§ 370-7 Water quality.

In addition to the performance standards and design criteria requirements of this chapter, the applicant shall comply with the following water quality requirements of this section:

No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of a postconstruction plan which demonstrates compliance with state water quality requirements is complete.

The BMPs shall be designed, implemented and maintained to meet state water quality requirements, and any other more stringent requirements as determined by the Borough.

To control postconstruction stormwater impacts from regulated earth disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater infiltration and runoff conditions, so that postconstruction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (No. 392-0300-002, September 28, 2002), this may be achieved by the following:

(1)

Infiltration: replication of preconstruction stormwater infiltration conditions;

(2)

Treatment: use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff; and

(3)

Streambank and streambed protection: management of volume and rate of postconstruction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring and downcutting).

Adequate storage and treatment facilities will be provided to capture and treat stormwater runoff from developed or disturbed areas. The recharge volume computed under § 370-7 may be a component of the water quality volume if the applicant chooses to manage both components in a single facility. If the recharge volume is less than the water quality volume, the remaining water quality volume may be captured and treated by methods other than recharge/infiltration BMPs. The required water quality volume (WQv) is the storage capacity needed to capture and to treat a portion of stormwater runoff from the developed areas of the site produced from 90% of the average annual rainfall (P).

	To achieve this goal, the following criterion is established:
	The following calculation formula is to be used to determine the water quality storage volume, (WQv), in acre-feet of storage for the Delaware River South Watershed:
	WQv = [(P)(Rv)(A)]/12 Equation: 7.1
	WQv = Water quality volume (acre-feet)
	P = Rainfall amount equal to 90% of events producing this rainfall (in)
	A = Area of the project contributing to the water quality BMP (acres)
	Rv = 0.05 + 0.009(I) where I is the percent of the area that is impervious surface [(impervious area/A)*100]
	The P value for the five PennDOT rainfall regions is shown in Figure B-2 in Appendix B of the Model Ordinance within this plan and as shown in Appendix Table B-5. Since the Delaware River South is in PennDOT Region 5, the P value to be utilized to meet this requirement is 2.04 inches.

Design of BMPs used for water quality control shall be in accordance with design specifications outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas or other applicable manuals. The following factors shall be considered when evaluating the suitability of BMPs used to control water quality at a given development site:

(1)

Total contributing drainage area.

(2)

Permeability and infiltration rate of the site soils.

(3)

Slope and depth to bedrock.

(4)

Seasonal high water table.

(5)

Proximity to building foundations and well heads.

(6)

Erodibility of soils.

(7)

Land availability and configuration of the topography.

(8)

Peak discharge and required volume control.

(9)

Stream bank erosion.

(10)

Efficiency of the BMPs to mitigate potential water quality problems.

(11)

The volume of runoff that will be effectively treated.

(12)

The nature of the pollutant being removed.

(13)

Maintenance requirements.

(14)

Creation/protection of aquatic and wildlife habitat.

(15)

Recreational value.

(16)

Enhancement of aesthetic and property value.

To accomplish the above, the applicant shall submit original and innovative designs to the municipality for review and approval. Such designs may achieve the water quality objectives through a combination of BMPs (best management practices).

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the Municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of § 370-21A.

§ 370-8 Groundwater recharge (infiltration).

Infiltration BMPs shall meet the following minimum requirements:

(1)

Regulated activities will be required to recharge (infiltrate) a portion of the runoff created by the development as part of an overall stormwater management plan designed for the site. The volume of runoff to be recharged shall be determined from § 370-8A(1)(b).

(a)

Infiltration BMPs intended to receive runoff from developed areas shall be selected based on suitability of soils and site conditions and shall be constructed on soils that have the following characteristics:

[1]

A minimum depth of 24 inches between the bottom of the BMP and the limiting zone.

[2]

An infiltration and/or percolation rate sufficient to accept the additional stormwater load and drain completely as determined by field tests conducted by the applicant's design professional.

[3]

The recharge facility shall be capable of completely infiltrating the recharge volume within four days (96 hours).

[4]

Pretreatment shall be provided prior to infiltration.

[5]

The requirements for recharge are applied to all disturbed areas, even if they are ultimately to be an undeveloped land use such as grass, since studies have found that compaction of the soils during disturbance reduces their infiltrative capacity.

(b)

The recharge volume (Re) shall be computed by first obtaining the infiltration requirement using either of the alternative methods in this subsection then multiplying by the total proposed impervious area. The overall required recharge volume for a site is computed by multiplying total impervious area by the infiltration requirement.

[1]

NRCS curve number equation. The following criteria shall apply:

	The NRCS runoff shall be utilized to calculate infiltration requirements (P) in inches.
	For zero runoff: P = I (Infiltration) = (200 / CN) - 2. Equation: 8.1
	where: P = I = infiltration requirement (inches)
	CN = NRCS curve number of the existing conditions contributing to the recharge facility
	This equation can be displayed graphically in, and the infiltration requirement can also be determined from Figure 306-1.
	The recharge volume (Re_v) required would therefore be computed as:
	Re_v = I * impervious area (SF) / 12 = cubic feet (CF). Equation: 8.2

[2]

Annual recharge water budget approach. It has been determined that infiltrating 0.5 inches of runoff from the impervious areas will aid in maintaining the hydrologic regime of the watershed. If the goals of § 370-8A(1)(b) cannot be achieved, then 0.5 inches of rainfall shall be infiltrated from all impervious areas, up to an existing site conditions curve number of 81. Above a curve number of 81, Equation 8.1 or the curve in Figure 8-1 should be used to determine the infiltration requirement.

	where: I = 0.5 inches
	The recharge volume (Re_v) required would therefore be computed as:
	Re_v = I * percent impervious area (SF) / 12 = (CF). Equation: 8.3

(2)

The recharge values derived from these methods are the minimum volumes the applicant must control through an infiltration/recharge BMP facility. However, if a site has areas of soils where additional volume of infiltration can be achieved, the applicant is encouraged to recharge as much of the stormwater runoff from the site as possible.

Figure 8-1. Infiltration Requirement Based Upon NRCS Curve Number.

The general process for designing the infiltration BMP shall be: a detailed soils evaluation of the project site shall be required to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified professional and, at a minimum, address soil permeability, depth to bedrock, and subgrade stability.

(1)

Analyze hydrologic soil groups as well as natural and man-made features within the watershed to determine general areas of suitability for infiltration practices.

(2)

Provide field tests, such as double ring infiltration tests at the level of the proposed infiltration surface to determine the appropriate hydraulic conductivity rate.

(3)

Design the infiltration structure for the required storm volume based on field determined capacity at the level of the proposed infiltration surface.

(4)

Where the recharge volume requirement cannot be physically accomplished due to the results of the field soils testing, supporting documentation and justification shall be supplied to the Borough with the drainage plan.

(5)

If on-lot infiltration structures are proposed by the applicant's design professional, it must be demonstrated to the Borough that the soils are conducive to infiltration on the lots identified.

Extreme caution shall be exercised where infiltration is proposed in geologically susceptible areas such as strip mine or limestone areas. Extreme caution shall also be exercised where salt or chloride would be a pollutant since soils do little to filter this pollutant and it may contaminate the groundwater. Extreme caution shall be exercised where infiltration is proposed in source water protection areas. The qualified design professional shall evaluate the possibility of groundwater contamination from the proposed infiltration/recharge facility and perform a hydrogeologic justification study if necessary. The infiltration requirement in high quality/exceptional value waters shall be subject to the DEP's Title 25, Chapter 93, Antidegradation Regulations. The Borough may require the installation of an impermeable liner in BMP and/or detention basins where the possibility of groundwater contamination exists. A detailed hydrogeologic investigation may be required by the Borough.

The Borough shall require the applicant to provide safeguards against groundwater contamination for uses which may cause groundwater contamination, should there be a mishap or spill.

Recharge/infiltration facilities shall be used in conjunction with other innovative or traditional BMPs, stormwater control facilities, and nonstructural stormwater management alternatives.

§ 370-9 Stream bank erosion requirements.

In addition to the water quality volume, to minimize the impact of stormwater runoff on downstream streambank erosion, the requirement is to design the BMP to detain the postdevelopment two-year, twenty-four-hour design storm to the predevelopment one-year flow using the NRCS Type II distribution. Additionally, provisions shall be made (such as adding a small orifice at the bottom of the outlet structure) so that the postdevelopment one-year storm takes a minimum of 24 hours to drain from the facility from a point where the maximum volume of water from the one-year storm is captured (i.e., the maximum water surface elevation is achieved in the facility).

Release of water can begin at the start of the storm (i.e., the invert of the water quality orifice is at the invert of the facility). The design of the facility shall consider and minimize the chances of clogging and sedimentation. Orifices smaller than 3 inches diameter are not recommended. However, if the design engineer can provide proof that the smaller orifices are protected from clogging by use of trash racks, etc., smaller orifices may be permitted.

In no-detention areas (District C) only, the objective is not to attenuate the larger storms. This can be accomplished by configuration of the outlet structure not to control the larger storms, or by a bypass or channel to divert only the two-year flood into the basin or divert flows in excess of the two-year storm away from the basin.

§ 370-10 Districts.

Delaware River South Watershed has been divided into stormwater management districts as shown on the Watershed Map in Appendix H.[1] In addition to the requirements specified below, the water quality (§ 370-7), groundwater recharge (§ 370-8), and streambank erosion (§ 370-9) requirements shall be implemented.

[1]

Editor's Note: Appendix H is included at the end of this chapter.

Standards for managing runoff from each subarea in the Delaware River South Watershed is shown below. Development sites located in each of the A, B, or C Districts must control postdevelopment runoff rates to predevelopment runoff rates for the design storms as follows:

District	Design Storm Postdevelopment	Design Storm Predevelopment
A	2-year 5-year 10-year 25-year 50-year 100-year	1-year 5-year 10-year 25-year 50-year 100-year
B	2-year 5-year 10-year 25- year 50-year 100-year	1-year 2-year 5-year 10-year 50-year 100-year
C*	2-year 5-year	1-year 2-year

* NOTES: In District C, development sites which can discharge directly to the Delaware River South main channel or major tributaries or indirectly to the main channel through an existing stormwater drainage system (i.e., storm sewer or tributary) may do so without control of postdevelopment peak rate of runoff greater than the five-year storm. Sites in District C will still have to comply with the groundwater recharge criteria, the water quality criteria, and streambank erosion criteria. If the postdevelopment runoff is intended to be conveyed by an existing stormwater drainage system to the main channel, assurance must be provided that such system has adequate capacity to convey the flows greater than the two-year predevelopment peak flow or will be provided with improvements to furnish the required capacity. When adequate capacity in the downstream system does not exist and will not be provided through improvements, the postdevelopment peak rate of runoff must be controlled to the predevelopment peak rate as required in District A provisions (i.e., ten-year postdevelopment flows to ten-year predevelopment flows) for the specified design storms.

§ 370-11 District implementation provisions (performance standards).

General. Postdevelopment peak rates of runoff from any regulated activity shall meet the peak release rates of runoff prior to development for the design storms specified on the Stormwater Management District Watershed Map (Appendix H[1]) and § 370-6 of this chapter.

[1]

Editor's Note: Appendix H is included at the end of this chapter.

District boundaries. The boundaries of the stormwater management districts are shown on an official stormwater district map that is available for inspections at the municipal office. A copy of the map at a reduced scale is included in Appendix H of this chapter. The exact location of the stormwater management district boundaries, as they apply to a given development site, shall be determined by mapping the boundaries using the two-foot topographic contours (or most accurate data required) provided as part of the drainage plan.

Sites located in more than one district. For a proposed development site located within two or more stormwater management district category subareas, the peak discharge rate from any subarea shall be the predevelopment peak discharge for that subarea as indicated in § 370-6. The calculated peak discharges shall apply regardless of whether the grading plan changes the drainage area by subarea. An exception to the above may be granted if discharges from multiple subareas recombine in proximity to the site. In this case, peak discharge in any direction may be a 100% release rate, provided that the overall site discharge meets the weighted average release rate.

Off-site areas. Off-site areas that drain through a proposed development site are not subject to release rate criteria when determining allowable peak runoff rates. However, on-site drainage facilities shall be designed to safely convey off-site flows through the development site.

Site areas. Where the area of a site being impacted by a proposed development activity differs significantly from the total site area, only the proposed impact area utilizing stormwater management measures shall be subject to the management district criteria. Unimpacted or undisturbed areas that do flow into or are bypassing the stormwater management facilities would not be subject to the management district criteria.

No-harm option. For any proposed development site not located in a provisional direct discharge district, the applicant has the option of using a less restrictive runoff control (including no detention) if the applicant can prove that no harm would be caused by discharging at a higher runoff rate than that specified by the plan. The no-harm option is used when an applicant can prove that the postdevelopment hydrographs can match predevelopment hydrographs, or if it can be proved that the postdevelopment conditions will not cause increases in peaks at all points downstream. Proof of no-harm would have to be shown based upon the following downstream impact evaluation which shall include a downstream hydraulic capacity analysis consistent with Subsection G to determine if adequate hydraulic capacity exists. The land applicant shall submit to the municipality this evaluation of the impacts due to increased downstream stormwater flows in the watershed.

(1)

The downstream impact evaluation shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications due to the proposed development upon a dam, highway, structure, natural point of restricted streamflow, or any stream channel section, established with the concurrence of the municipality.

(2)

The evaluation shall continue downstream until the increase in flow diminishes due to additional flow from tributaries and/or stream attenuation.

(3)

The peak flow values to be used for downstream areas for the design return period storms (two- , five- , ten- , twenty-five- , fifty- , and one-hundred-year) shall be the values from the calibrated model for the Delaware River South Watershed. These flow values can be obtained from the watershed plan.

(4)

Applicant-proposed runoff controls that would generate increased peak flow rates at storm drainage problem areas would, by definition, be precluded from successful attempts to prove no-harm, except in conjunction with proposed capacity improvements for the problem areas consistent with Subsection H.

(5)

Financial considerations shall not constitute grounds for granting a no-harm exemption.

(6)

Capacity improvements may be provided as necessary to implement the no-harm option which proposes specific capacity improvements to provide that a less stringent discharge control would not create any harm downstream.

(7)

Any no-harm justifications shall be submitted by the applicant as part of the drainage plan submission per this chapter.

Downstream hydraulic capacity analysis. Any downstream capacity hydraulic analysis conducted in accordance with this chapter shall use the following criteria for determining adequacy for accepting increased peak flow rates:

(1)

Natural or man-made channels or swales must be able to convey the increased runoff associated with a 1.5-year return period event within their banks at velocities consistent with protection of the channels from erosion. Acceptable velocities shall be based upon criteria included in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual.

(2)

Natural or man-made channels or swales must be able to convey increased twenty-five-year return period runoff without creating any hazard to persons or property.

(3)

Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area must be designed in accordance with the Department of Environmental Protection's Chapter 105 regulations (if applicable) and, at minimum, pass the increased twenty-five-year return period runoff.

Regional detention alternatives. For certain areas within the study area, it may be more cost-effective to provide one control facility for more than one development site than to provide an individual control facility for each development site. The initiative and funding for any regional runoff control alternatives are the responsibility of prospective applicants. The design of any regional control basins must incorporate reasonable development of the entire upstream watershed. The peak outflow of a regional basin would be determined on a case-by-case basis using the hydrologic model of the watershed consistent with protection of the downstream watershed areas. "Hydrologic model" refers to the calibrated model as developed for the stormwater management plan. It is a requirement that, even if regional basins are proposed for the water quantity control, that the water quality, streambank erosion and recharge criteria be accomplished on-site, or as close to the source of the runoff as possible.

§ 370-12 Design criteria for facilities.

Any stormwater facility located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).

Any stormwater management facility (i.e., detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this chapter shall be designed to provide an emergency spillway to handle flow up to and including the one-hundred-year postdevelopment conditions. The height of embankment must be set as to provide a minimum 1.0 foot of freeboard above the maximum pool elevation computed when the facility functions for the one-hundred-year postdevelopment inflow. Should any stormwater management facility require a dam safety permit under Title 25, Environmental Protection, Chapter 105, Dam Safety and Waterway Management, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety which may be required to pass storms larger than one-hundred-year event.

Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures), and any work involving wetlands as directed in DEP Chapter 105 regulations (as amended or replaced from time to time by DEP), shall be designed in accordance with Chapter 105 and will require a permit from DEP. Any other drainage conveyance facility that does not fall under Chapter 105 regulations must be able to convey, without damage to the drainage structure or roadway, runoff from the twenty-five-year design storm with a minimum 1.0 foot of freeboard measured below the lowest point along the top of the roadway. Roadway crossings located within designated floodplain areas must be able to convey runoff from a one-hundred-year design storm with a minimum 1.0 foot of freeboard measured below the lowest point along the top of the roadway. Any facility that constitutes a dam as defined in DEP Chapter 105 regulations may require a permit under dam safety regulations. Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements.

Any drainage conveyance facility and/or channel that does not fall under Chapter 105 regulations must be able to convey, without damage to the drainage structure or roadway, runoff from the ten-year design storm. Conveyance facilities to or exiting from stormwater management facilities (i.e., detention basins) shall be designed to convey the design flow to or from that structure. Roadway crossings located within designated floodplain areas must be able to convey runoff from a one-hundred-year design storm. Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements.

Storm sewers must be able to convey postdevelopment runoff from a twenty-five-year design storm without surcharging inlets, where appropriate.

Adequate erosion protection shall be provided along all open channels, and at all points of discharge.

The design of all stormwater management facilities shall incorporate sound engineering principles and practices. The municipality shall reserve the right to disapprove any design that would result in the creation, exacerbation, or continuation of an adverse hydrologic or hydraulic condition within the watershed.

§ 370-13 Calculation methodology.

Stormwater runoff from all development sites shall be calculated using either the rational method or a soil-cover-complex methodology.

Any stormwater runoff calculations shall use generally accepted calculation technique that is based on the NRCS soil cover complex method. Table 13-1 summarizes acceptable computation methods. It is assumed that all methods will be selected by the applicant based on the individual limitations and suitability of each method for a particular site. The municipality may allow the use of the Rational Method to estimate peak discharges from drainage areas that contain less than 200 acres. The Rational Method is recommended for drainage areas under 100 acres.

All calculations consistent with this chapter using the soil cover complex method shall use the appropriate design rainfall depths for the various return period storms according to the region for which they are located as presented in Table F-1 in Appendix F[1] of this chapter. If a hydrologic computer model such as HEC-1 or HEC-HMS is used for stormwater runoff calculations, then the duration of rainfall shall be 24 hours. The SCS "S" curve shown in Figure F-1 in Appendix F of this chapter shall be used for the rainfall distribution.

[1]

Editor's Note: Appendix F is included at the end of this chapter.

For the purposes of predevelopment flow rate determination, undeveloped land shall be considered as "meadow" in good condition, unless the natural ground cover generates a lower curve number or Rational "C" value (i.e., forest), as listed in Table F-2 or F-3 in Appendix F of this chapter. For areas of prior mining disturbance (i.e., strip mining, mine spoil areas, etc.), the designer must first identify in which mining affect area the site is located, using the management district map is Appendix H.[2] The appropriate curve number or Rational "C" value from Table F-2 or Table F-3 should then be used.

[2]

Editor's Note: Appendix H is included at the end of this chapter.

All calculations using the Rational Method shall use rainfall intensities consistent with appropriate times-of-concentration for overland flow and return periods from the design storm curves from PA Department of Transportation Design Rainfall Curves (1986) (Figures B-2 to B-3). Times-of-concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS). Times-of-concentration for channel and pipe flow shall be computed using Manning's equation.

Runoff curve numbers (CN) for both existing and proposed conditions to be used in the soil cover complex method shall be obtained from Table F-2 in Appendix F of this chapter.

Runoff coefficients (c) for both existing and proposed conditions for use in the Rational Method shall be obtained from Table F-3 in Appendix F of this chapter.

Where uniform flow is anticipated, the Manning equation shall be used for hydraulic computations, and to determine the capacity of open channels, pipes, and storm sewers. Values for Manning's roughness coefficient (n) shall be consistent with Table F-4 in Appendix F of the chapter. Outlet structures for stormwater management facilities shall be designed to meet the performance standards of this chapter using any generally accepted hydraulic analysis technique or method.

The design of any stormwater detention facilities intended to meet the performance standards of this chapter shall be verified by routing the design storm hydrograph through these facilities using the storage-indication method. For drainage areas greater than 200 acres in size, the design storm hydrograph shall be computed using a calculation method that produces a full hydrograph. The municipality may approve the use of any generally accepted full hydrograph approximation technique that shall use a total runoff volume that is consistent with the volume from a method that produces a full hydrograph.

Table 13-1 Acceptable Computation Methodologies For Stormwater Management Plans
Method	Method Developed By	Applicability
TR-20 (or commercial computer package based on TR-20)	USDA NRCS	Applicable where use of full hydrology computer model is desirable or necessary.
TR-55 (or commercial computer package based on TR-55)	USDA NRCS	Applicable for land development plans within limitations described in TR-55.
HEC-1, HEC-HMS	US Army Corps of Engineers	Applicable where use of full hydrologic computer model is desirable or necessary.
PSRM	Penn State University	Applicable where use of a Hydrologic computer model is desirable or necessary; simpler than TR-20 or HEC-1.
Rational Method (or commercial computer package based on Rational Method)	Emil Kuichling (1889)	For sites less than 200 acres, or as approved by the Municipality and/or Municipal Engineer.
Other methods	Varies	Other computation methodologies approved by the Municipality and/or Municipal Engineer.

§ 370-14 Erosion and sedimentation requirements.

Whenever the vegetation and topography are to be disturbed, such activity must be in conformance with Chapter 102, Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania, DEP, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, and in accordance with the Bucks County Conservation District.

Additional erosion and sedimentation control design standards and criteria that must be applied where infiltration BMPs are proposed shall include the following:

(1)

Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase, so as to maintain their maximum infiltration capacity.

(2)

Infiltration BMPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration BMP has received final stabilization.

§ 370-15 Delaware Canal areas.

Development on lands adjacent to the Delaware Canal which propose to discharge stormwater into the canal must obtain special right-of-way approval from the Department of Conservation and Natural Resources (DCNR). The DCNR has established a separate policy for granting right-of-way for stormwater drainage into the Delaware Canal, which shall be used in conjunction with this chapter.

§ 370-16 Drainage plan requirements.

For any of the activities regulated by this chapter, the preliminary or final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, or the commencement of any land disturbance activity may not proceed until the applicant or his/her agent has received written approval of a drainage plan from the Borough.

§ 370-17 Exemptions.

Any regulated activity that meets the exception criteria in the following table is exempt from the provisions of this chapter. This criterion shall apply to the total development even if development is to take place in phases. The date of the adoption of this chapter shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. This exemption shall not relieve the applicant from meeting the special requirements for watersheds drainage to high quality (HQ) or exceptional value (EV) waters (§ 370-3K) and requirements for groundwater recharge (§ 370-8), water quality (§ 370-7) and streambank erosion (§ 370-9).

	Stormwater Management Exemption Criteria
	Total Parcel Size	Impervious Area Exemption (square feet)
	Less than 1/4 acre (10,890 square feet)	1,200
	Greater than 1/4 to 1/2 acre (10,890 to 21,780 square feet)	2,500
	Greater than 1/2 acre to 1 acre (21,780 to 43,560 square feet)	5,000

Exemptions shall be at the discretion of the Municipality upon review of site conditions, topography, soils, and other factors as desired appropriate.

§ 370-18 Drainage plan contents.

The drainage plan shall consist of all applicable calculations, maps, and plans. A note on the maps shall refer to the associated computations and erosion and sedimentation control plan by title and date. The cover sheet of the computations and erosion and sedimentation control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the Municipality in a format that is clear, concise, legible, neat, and well organized; otherwise, the drainage plan shall be disapproved and returned to the applicant. Drainage plans, submitted in conjunction with subdivision and land development plan applications, shall provide information consistent with this chapter and applicable sections of Chapter 390, Subdivision and Land Development, and Chapter 465, Zoning.

The following items shall be included in the drainage plan:

(1)

General.

(a)

General description of project.

(b)

General description of permanent stormwater management techniques, including construction specifications of the materials to be used for stormwater management facilities.

(c)

Complete hydrologic, hydraulic, and structural computations for all stormwater management facilities.

(d)

An erosion and sediment control plan, including all reviews and approvals by the Conservation District.

(e)

A general description of nonpoint source pollution controls.

(2)

Maps. Map(s) of the project area shall be submitted on 24-inch by 36-inch sheets and shall be prepared in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Bucks County. The contents of the map(s) shall include, but not be limited to:

(a)

The location of the project relative to highways, municipalities, or other identifiable landmarks.

(b)

Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

(c)

Existing streams, lakes, ponds, or other bodies of water within the project area.

(d)

Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, areas of natural vegetation to be preserved, and the total extent of the upstream area draining through the site.

(e)

The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines.

(f)

An overlay showing soil names and boundaries.

(g)

Proposed changes to the land surface and vegetative cover, including limits of earth disturbance and the type and amount of impervious area that would be added.

(h)

Proposed structures, roads, paved areas, and buildings.

(i)

Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

(j)

The name of the development, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.

(k)

The date of submission.

(l)

A graphic and written scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, the scale shall be one inch equals no more than 100 feet.

(m)

A North arrow.

(n)

The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.

(o)

Existing and proposed land use(s).

(p)

A key map showing all existing man-made features beyond the property boundary that would be affected by the project.

(q)

Location of all open channels.

(r)

Overland drainage paths.

(s)

A minimum 15-foot-wide access easement around all stormwater management facilities that would provide ingress to and egress from a public right-of-way

(t)

The location of all erosion and sedimentation control facilities.

(u)

A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located off-site. All off-site facilities shall meet the performance standards and design criteria specified in this chapter.

(v)

A statement, signed by the landowner or equitable owner, acknowledging the stormwater management system to be a permanent fixture that can be altered or removed only after approval of a revised plan by the Borough, which shall be recorded with the record plan and which shall be applicable to all future landowners.

(w)

The following signature block for the design professional: "(Design Engineer), on this date (date of signature), have reviewed and hereby certify that the drainage plan meets all design standards and criteria of the Morrisville Borough Stormwater Management Ordinance."

(3)

Supplemental information.

(a)

A written description of the following information shall be submitted.

[1]

The overall stormwater management concept for the project designed in accordance with § 370-6.

[2]

Stormwater runoff computations as specified in this chapter.

[3]

Stormwater management techniques to be applied both during and after development.

[4]

Expected project time schedule.

[5]

Development stages (project phases) if so proposed.

[6]

An operation and maintenance plan in accordance with § 370-28 of this chapter.

(b)

A soil erosion and sedimentation control plan, where applicable, including all reviews and approvals, as required by DEP.

(c)

A geologic assessment of the effects of runoff on sinkholes as specified in this chapter.

(d)

The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing Borough stormwater collection system that may receive runoff from the project site.

(e)

A declaration of adequacy and highway occupancy permit from the PennDOT District Office when utilization of a PennDOT storm drainage system is proposed.

(4)

Stormwater management facilities.

(a)

All stormwater management facilities must be located on a plan and described in detail.

(b)

When groundwater recharge methods such as seepage pits, beds or trenches are used, the locations of existing and proposed septic tank infiltration areas and wells must be shown.

(c)

All calculations, assumptions, and criteria used in the design of the stormwater management facilities must be shown.

§ 370-19 Plan submission; fee.

For all activities regulated by this chapter, the steps below shall be followed for submission. For any activities that require a DEP joint permit application or regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of DEP's Rules and Regulations, or require a PennDOT highway occupancy permit, or any other permit under applicable state or federal regulations, the proof of application for such permit(s) shall be part of the plan. The plan shall be coordinated with the state and federal permit process.

The drainage plan shall be submitted by the applicant as part of the preliminary plan submission for the regulated activity.

A minimum of four copies of the drainage plan shall be submitted.

Distribution of the drainage plan will be as follows:

(1)

Two or more copies to the Borough accompanied by the requisite municipal review fee, as specified in this chapter.

(2)

One copy to the Borough Engineer.

(3)

One copy to the Bucks County Planning Commission.

§ 370-20 Drainage plan review.

The Borough Engineer shall review the drainage plan for consistency with the adopted Delaware River South Watershed Act 167 Stormwater Management Plan. The Borough shall require receipt of a complete plan, as specified in this chapter.

The Borough Engineer shall review the drainage plan for any subdivision or land development against the Chapter 390, Subdivision and Land Development, provisions not superseded by this chapter.

For activities regulated by this chapter, the Borough Engineer shall notify the Borough, in writing, whether the drainage plan is consistent with the stormwater management plan. Should the drainage plan be determined to be consistent with the stormwater management plan, the Borough Engineer will forward a review letter to the Municipality with a copy to the applicant.

Should the drainage plan be determined to be inconsistent or noncompliant with the stormwater management plan, the Borough Engineer will forward a letter to the Borough with a copy to the applicant citing the reason(s) for the inconsistency or noncompliance. Any drainage plans receiving this decision may be revised by the applicant and resubmitted for reevaluation. The Borough will not grant approval to the proposal until its drainage plan is deemed consistent with this chapter.

For regulated activities specified in § 370-1 of this chapter, the Borough Engineer shall notify the Borough Code Enforcement Officer, in writing, within a time frame consistent with the Chapter 129, Building and Construction Code, and/or Chapter 390, Subdivision and Land Development, whether the drainage plan is consistent with the stormwater management plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.

For regulated activities requiring a DEP joint permit application, the Borough Engineer shall notify DEP whether the drainage plan is consistent with the stormwater management plan and forward a copy of the review letter to the Borough and the applicant. DEP may consider the Borough Engineer's review comments in determining whether to issue a permit.

The Borough shall not approve any subdivision or land development for regulated activities specified in § 370-1 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough's designee. All required permits from DEP must be obtained prior to approval of any subdivision or land development. The Borough may grant conditional approval, subject to applicant obtaining necessary state and federal permits.

The Borough Building Permit Office shall not issue a building permit for any regulated activity specified in § 370-1 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough's designee, or without considering the comments of the Borough Engineer. All required permits from DEP must be obtained prior to issuance of a building permit.

The applicant shall be responsible for completing record drawings of all stormwater management facilities included in the approved drainage plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the Borough's designee for final approval. In no case shall the Borough approve the record drawings until the Borough receives a copy of an approved declaration of adequacy, highway occupancy permit from the PennDOT District Office, and any applicable permits from DEP.

The Borough's approval of a drainage plan shall be valid for a period not to exceed two years. This two-year time period shall commence on the date that the Borough signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved within this two-year time period, then the Borough may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Borough shall be resubmitted in accordance with § 370-22 of this chapter.

§ 370-21 Modification of plans; fee.

A modification to a submitted drainage plan for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Borough Engineer, shall require a resubmission of the modified drainage plan consistent with § 370-19 of this chapter and be subject to review as specified in § 370-20 of this chapter.

A modification to an already approved or disapproved drainage plan shall be submitted to the Borough, accompanied by the applicable fee. A modification to a drainage plan for which a formal action has not been taken by the Borough shall be submitted to the Borough, accompanied by the applicable Borough review fee.

§ 370-22 Resubmission of disapproved drainage plans; fee.

A disapproved drainage plan may be resubmitted, with the revisions addressing the Borough Engineer's concerns documented, in writing, addressed to the Borough in accordance with § 370-19 of this chapter and distributed accordingly and be subject to review as specified in § 370-20 of this chapter. The applicable Borough review fee must accompany a resubmission of a disapproved drainage plan.

§ 370-23 Schedule of inspections.

The Borough's designee or his assignee shall observe all phases of the installation of the permanent stormwater management facilities as deemed appropriate by the Borough Engineer.

During any stage of the work, if the Borough's designee determines that the permanent stormwater management facilities are not being installed in accordance with the approved stormwater management plan, the Borough shall revoke any existing permits until a revised drainage plan is submitted and approved, as specified in this chapter.

§ 370-24 Fees.

The fee required by this chapter is the municipal review fee. The municipal review fee shall be established by the Borough to defray review costs incurred by the Borough and the Borough Engineer. All fees shall be paid by the applicant.

§ 370-25 Review fee schedule.

The Borough shall establish a review fee schedule by resolution of the Borough Council based on the size of the regulated activity and based on the Borough's costs for reviewing drainage plans. The Borough shall periodically update the review fee schedule to ensure that review costs are adequately reimbursed.

§ 370-26 Expenses covered by fees.

The fees required by this chapter shall at a minimum cover:

Administrative costs.

The review of the drainage plan by the Borough and the Borough Engineer.

The site inspections.

The inspection of stormwater management facilities and drainage improvements during construction.

The final inspection upon completion of the stormwater management facilities and drainage improvements presented in the drainage plan.

Any additional work required to enforce any permit provisions regulated by this chapter, correct violations and ensure proper completion of stipulated remedial actions.

§ 370-27 Performance guarantee.

The applicant should provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved Delaware River South Stormwater Management Plan and this chapter equal to the full construction cost of the required controls.

§ 370-28 Maintenance responsibilities.

The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Borough Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).

The Stormwater Control and BMP Operations and Maintenance Plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:

(1)

If a plan includes 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 controls and BMPs may also be dedicated to and maintained by the Borough.

(2)

If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater controls and BMPs shall be the responsibility of the owner or private management entity.

The Borough shall make the final determination on the continuing operations and maintenance responsibilities. The Borough reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.

§ 370-29 Maintenance agreement for privately owned facilities.

Prior to final approval of the site's stormwater management plan, the applicant shall sign and record the maintenance agreement contained in Appendix E,[1] which is attached and made part hereof, covering all stormwater control facilities that are to be privately owned.

[1]

Editor's Note: Appendix E is included at the end of this chapter.

Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Borough.

§ 370-30 Borough review of operations and maintenance plan.

The Borough shall review the Stormwater Control and BMP Operations and Maintenance Plan for consistency with the purposes and requirements of this chapter, and any permits issued by DEP.

The Borough shall notify the applicant in writing whether the Stormwater Control and BMP Operations and Maintenance Plan are approved.

§ 370-31 Adherence to approved operations and maintenance plan.

It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved Stormwater Control and BMP Operations and Maintenance Plan, or to allow the property to remain in a condition which does not conform to an approved Stormwater Control and BMP Operations and Maintenance Plan.

§ 370-32 Operations and maintenance agreement for privately owned stormwater controls and BMPs.

The applicant shall sign an operations and maintenance agreement with the Borough covering all stormwater controls and BMPs that are to be privately owned. The maintenance agreement shall be transferred with transfer of ownership. The agreement shall be substantially the same as the agreement in Appendix E.[1]

[1]

Editor's Note: Appendix E is included at the end of this chapter.

Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the Borough.

§ 370-33 Easements.

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Borough.

Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance, or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 370-32.

§ 370-34 Recording of approved BMP plans and related agreements.

The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, as described in the Stormwater Control and BMP Operations and Maintenance Plan, shall record the following documents in the Office of the Recorder of Deeds for Bucks County, within 15 days of approval of the Stormwater Control and BMP Operations Plan by the Borough:

(1)

The Operations and Maintenance Plan, or a summary thereof;

(2)

Operations and Maintenance Agreements under § 370-32; and

(3)

Easements under § 370-33.

The Borough may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this chapter.

§ 370-35 Municipal stormwater maintenance fund.

Persons installing stormwater management facilities and best management practices shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

(1)

If the stormwater management facilities and best management practices facility are to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.

(2)

If the stormwater management facilities and best management practices facility are to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.

(3)

The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.

If a stormwater management facility and best management practices facility are proposed that also serves as a recreation facility (e.g., ballfield, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.

§ 370-36 Plan requirements.

All plans shall include a plan note stating that the Borough shall have the right to enter private property to inspect and repair, if necessary, any stormwater management facility.

All plans shall note that the stormwater management facilities are a permanent part of the development and shall not be removed, altered, or modified.

§ 370-37 Prohibited discharges.

No person in the Borough shall allow, or cause to allow, stormwater discharges into the Borough's separate storm sewer system which are not composed entirely of stormwater, except (1) as provided in Subsection B below, and (2) discharges allowed under a state or federal permit.

Discharges that may be allowed based on a finding by the Borough that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:

(1)

Discharges from fire-fighting activities.

(2)

Potable water sources including dechlorinated water line and fire hydrant flushings.

(3)

Irrigation drainage.

(4)

Routine external building washdown (which does not use detergents or other compounds).

(5)

Air conditioning condensate.

(6)

Water from individual residential car washing.

(7)

Spring water from crawl space pumps.

(8)

Uncontaminated water from foundation or from footing drains.

(9)

Flows from riparian habitats and wetlands.

(10)

Lawn watering.

(11)

Pavement washwaters 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.

(12)

Dechlorinated swimming pool discharges.

(13)

Uncontaminated groundwater.

In the event that the Borough determines that any of the discharges identified in § 370-37B significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Borough will notify the responsible person to cease the discharge.

Upon notice provided by the Borough under Subsection C, the discharger will have a reasonable time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.

Nothing in this section shall affect a discharger's responsibilities under state law.

§ 370-38 Prohibited connections.

The following connections are prohibited, except as provided in § 370-37B above:

Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and

Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system, which has not been documented in plans, maps, or equivalent records, and approved by the Borough.

§ 370-39 Roof drains.

Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches in order to promote overland flow and infiltration/percolation of stormwater where advantageous to do so.

When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted on a case by case basis as determined by the Borough.

Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable.

§ 370-40 Alteration of BMPs.

No person shall modify, remove, fill, landscape or alter any existing stormwater control or BMP, without the written approval of the Borough unless it is part of an approved maintenance program.

No person shall place any structure, fill, landscaping or vegetation into a stormwater control or BMP or within a drainage easement, which would limit or alter the functioning of the stormwater control or BMP, without the written approval of the Borough.

§ 370-41 Right-of-entry.

Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.

Stormwater control and BMP owners and operators shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this chapter.

Persons working on behalf of the Borough shall have the right to temporarily locate on any stormwater control or BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

Unreasonable delays in allowing the Borough access to a stormwater control or BMP is a violation of this chapter.

§ 370-42 Notification.

In the event that a person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this chapter.

§ 370-43 Enforcement.

The Borough is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.

A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Municipality or designee during construction.

Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 370-1 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.

At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant shall:

(1)

Provide a certification of completion from an engineer, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(2)

Provide a set of as-built (record) drawings.

(3)

After receipt of the certification by the Borough, a final inspection shall be conducted by the Borough Engineer or designated representative to certify compliance with this chapter.

Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Borough may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:

(1)

Performance of monitoring, analyses, and reporting;

(2)

Elimination of prohibited connections or discharges;

(3)

Cessation of any violating discharges, practices, or operations;

(4)

Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs;

(6)

Implementation of stormwater controls and BMPs; and

(7)

Operation and maintenance of stormwater controls and BMPs.

Suspension and revocation of permits.

(1)

Any permit issued under this chapter may be suspended or revoked by the governing body for:

(a)

Noncompliance with or failure to implement any provision of the permit.

(b)

A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.

(c)

The creation of any condition or the commission of any act during construction or development that constitutes or creates a hazard, nuisance, or pollution or which endangers the life or property of others.

(2)

A suspended permit shall be reinstated by the Borough when:

(a)

The Borough Engineer or his designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or

(b)

The Borough Council is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.

(3)

A permit that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

(4)

Prior to revocation or suspension of a permit, the Borough Council will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property.

Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the Borough.

§ 370-44 Public nuisance.

The violation of any provision of this chapter is hereby deemed a public nuisance.

Each day that a violation continues shall constitute a separate violation.

§ 370-45 Violations and penalties.

Anyone violating the provisions of this chapter shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.

In addition, the Borough, through its solicitor, may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.

§ 370-46 Appeals.

Any person aggrieved by any action of the Borough or its designee may appeal to Borough Council within 30 days of that action.

Any person aggrieved by any decision of Borough Council may appeal to the Court of Common Pleas of Bucks County within 30 days of the Borough decision.

§ 370-47 Construal of provisions.

Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In addition, nothing in this chapter shall be construed to affect any of the Borough's requirements regarding stormwater matters that do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other Borough ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.