(a) General Provisions.
(1) Short Title. This section shall be known and may be cited as the “City of Johnstown Stormwater Management Ordinance,” as a means of further implementing the Stonycreek Watershed Plan and Little Conemaugh Watershed Plan as well as the Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s).
(2) Statement of Findings. The governing body of the Municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point source pollution of water resources.
B. A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, their resources and the environment.
C. Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
D. Federal and State regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
(3) Purpose. The purpose of this section is to promote health, safety, and welfare within the Municipality and its watershed by minimizing the harms and maximizing the benefits described in subsection (a)(2) above through provisions designed to:
A. Meet legal water quality requirements under State law, including regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim and restore the existing and designated uses of the waters of this Commonwealth.
B. Preserve the natural drainage systems as much as possible.
C. Manage stormwater runoff close to the source.
D. Provide procedures and performance standards for stormwater planning and management.
E. Maintain groundwater recharge, to prevent degredation of surface and groundwater and to otherwise protect water resources.
F. Prevent scour and erosion of stream banks and streambeds.
G. Provide proper operation and maintenance of all permanent Stormwater Management (SWM) Best Management Practices (BMPs) that are implemented within the Municipality.
H. Provide standards to meet NPDES permit requirements.
(4) Statutory Authority.
A. Primary Authority. The Municipality is empowered to regulate these activities by the authority of the Act of October 4, 1978, PL. 864 (Act 167), 32 P.S. Section 680.1, et seq., as amended, the “Storm Water Management Act” and the (appropriate municipal code).
B. Secondary Authority. The Municipality also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, PL. 805, No. 247, The Pennsylvania Municipalities Planning Code, as amended.
(5) Applicability. All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this section.
(6) Repealer. Any other ordinance provision(s) or regulation of the Municipality inconsistent with any of the provisions of this section is hereby repealed to the extent of the inconsistency only.
(7) Severability. In the event that a court of competent jurisdiction declares any section or provision of this section invalid, such decision shall not affect the validity of any of the remaining provisions of this section.
(8) Compatibility with Other Requirements. Approvals issued and actions taken under this section do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance.
(9) Erroneous Permit. Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Municipality purporting to validate such a violation.
(b) Definitions.
(1) For the purposes of this section, certain terms and words used herein shall be interpreted as follows:
A. Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
B. The word “includes” or “including” shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
C. The words “shall” and “must” are mandatory; the words “may” and “should” are permissive.
(2) “Agricultural activity.” Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas.
This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops, or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.
(3) “Applicant.” A landowner, developer or other person who has filed an application to the Municipality for approval to engage in any regulated activity at a project site in the Municipality.
(4) “Best Management Practice (BMP).” Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet State water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this section. Stormwater BMPs are commonly grouped into one of two broad categories or measures: “structural” or “non-structural.” In this section, non-structural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.
(5) “Building Code Officer.” The designated person in the Johnstown Department of Community and Economic Development charged with primary enforcement of this section, who also serves in the capacity of the Zoning Officer for the Municipality.
(6) “Capture.” Collecting runoff to be stored for reuse or allowed to slowly infiltrate into the ground.
(7) “Conservation District.” A conservation district, as defined in section 3(c) of the Conservation District Law (3 P. S. § 851(c)), as amended, that has the authority under a delegation agreement executed with the Department to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code 102. in this case, the Cambria County Conservation District.
(8) “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. Also see “Return period.”
(9) “Detention volume.” The volume of runoff that is captured and released into the waters of this Commonwealth at a controlled rate.
(10) “Disturbed area.” An unstabilized land area where an earth disturbance activity is occurring or has occurred.
(11) “Earth disturbance activity.” A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; the moving, depositing, stockpiling, or storing of soil, rock or earth materials.
(12) “Erosion.” The natural process by which the surface of the land is worn away by water, wind or chemical action.
(13) “Existing condition.” The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
(14) “FEMA.” Federal Emergency Management Agency.
(15) “Floodplain.” Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by PADEP).
(16) “Floodway.” The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-year 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 100-year 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.
(17) “Forest management/timber operations.” Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation.
(18) “Geotextile.” A fabric manufactured from synthetic fiber that is used to achieve specific objectives, including infiltration, separation between different types of media (i.e., between soil and stone), or filtration.
(19) “Hotspot.” Area where land use or activities generate highly contaminated runoff, with concentrations of pollutants that are higher than those that are typically found in stormwater (e.g., vehicle salvage yards and recycling facilities, vehicle fueling stations, fleet storage areas, vehicle equipment and cleaning facilities, and vehicle service and maintenance facilities).
(20) “Hydrologic Soil Group (HSG).” Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCSM).
(21) “Impervious surface (impervious area).” A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas if they do not prevent infiltration.
(22) “Infiltration.” Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater.
(23) “Karst.” A type of topography or landscape characterized by surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage and caves. Karst is formed on carbonate rocks, such as limestone or dolomite.
(24) Land development (development).” Inclusive of any or all of the following meanings: (i) the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving (a) a group of two or more buildings, or (b) the division or allocation of land or space 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; (ii) any subdivision of land; (iii) development in accordance with Section 503(1.1) of the PA Municipalities Planning Code.
(25) “Low impact development.” A land development and construction approach that uses various land planning, design practices, and technologies to simultaneously conserve and protect natural resource systems, and reduce infrastructure costs.
(26) “Municipality.” City of Johnstown, Cambria County, Pennsylvania.
(27) “NRCS.” USDA Natural Resources Conservation Service (previously SCS).
(28) “Peak discharge.” The maximum rate of stormwater runoff from a specific storm event.
(29) “Pervious surface (pervious area).” Any area not defined as impervious.
(30) “Project site.” The specific area of land where any regulated activities in the Municipality are planned, conducted or maintained.
(31) “Qualified professional.” Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this section.
(32) “Regulated activities.” Any earth disturbances activities or any activities that involve the alteration or development of land, in a manner that may affect stormwater runoff.
(33) “Regulated earth disturbance activity.” Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92, Chapter 102, or the Clean Streams Law.
(34) “Retention volume/removed runoff.” The volume of runoff that is captured and not released directly into the surface waters of this Commonwealth during or after a storm event.
(35) “Return period.” The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the 25-year return period rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a 25-year storm occurring in any one year is 0.04 (i.e. a 4% chance).
(36) “Runoff.” Any part of precipitation that flows over the land.
(37) “Sediment.” Soils or other materials transported by surface water as a product of erosion.
(38) “State water quality requirements.” The regulatory requirements to protect, maintain, reclaim, and restore water quality under Pennsylvania Code Title 25 and the Clean Streams Law.
(39) “Stormwater.” Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
(40) “Stormwater Management Best Management Practices.” Abbreviated as BMPs or SWM BMPs throughout this section.
(41) “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 facilities.
(42) “Stormwater management plan.” The Stonycreek Watershed Plan and Little Conemaugh Watershed Plan for managing stormwater runoff adopted by the County of Cambria as required by the Act of October 4, 1978, PL. 864, (Act 167), as amended, and known as the “Storm Water Management Act.”
(43) “Stormwater management site plan.” The plan prepared by the developer or his or her representative indicating how stormwater runoff will be managed at the development site in accordance with this section. Stormwater management site plan will be designated as SWM Site Plan throughout this section.
(44) “Subdivision.” As defined in The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, PL. 805, No. 247.
(45) “USDA.” United States Department of Agriculture.
(46) “Void ratio.” The ratio of the volume of void space to the volume of solid substance in any material.
(47) “Waters of this Commonwealth.” Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
(48) “Watershed.” Region or area drained by a river, watercourse or other surface water of this Commonwealth.
(49) “Wetland.” Areas that are inundated or saturated by surface or ground water 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, and similar areas.
(c) Stormwater Management Standards.
(1) General Requirements.
A. For all regulated activities, unless preparation of a storm water management (SWM) Site Plan is specifically exempted in subsection (c)(2) below:
1. Preparation and implementation of an approved SWM Site Plan is required.
2. No regulated activities shall commence until the Municipality issues written approval of an SWM Site Plan, which demonstrates compliance with the requirements of this section.
B. SWM Site Plans approved by the Municipality, in accordance with subsection (d)(6) of this section, shall be on site throughout the duration of the regulated activity.
C. The Municipality may, after consultation with DEP, approve measures for meeting the State water quality requirements other than those in this section, provided that they meet the minimum requirements of, and do not conflict with, State law including but not limited to the Clean Streams Law.
D. For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this section and to meet all requirements under the Pennsylvania Code Title 25 and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual)2, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008 (2000), as amended and updated.
E. For all regulated activities, implementation of the volume controls in subsection (c)(3) is required with the exception of regulated activities that meet the exemption criteria found in subsection (c)(2)A. of this section.
F. Impervious Areas:
1. The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
2. For development taking place in stages, the entire development plan must be used in determining conformance with this section.
3. For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this section.
G. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written permission of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this section.
H. All regulated activities shall include such measures as necessary to:
1. Protect health, safety, and property;
2. Meet State water quality requirements as defined in subsection (b) of this section;
3. Meet the water quality goals of this section by implementing measures to:
a. Minimize disturbance to floodplains, wetlands, natural slopes over 8%, and existing native vegetation.
b. Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjacent to impervious areas whenever feasible.
c. Establish and maintain non-erosive flow conditions in natural flow pathways.
d. Minimize soil disturbance and soil compaction. Over disturbed areas, replace topsoil to a minimum depth equal to the original depth or four inches, whichever is greater. Use tracked equipment for grading when feasible.
e. Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
4. To the maximum extent practicable, incorporate the techniques for low impact development practices described in “The Pennsylvania Stormwater Best Management Practices Manual” (SWM Manual)1.
I. The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
J. Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this section.
K. Storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.
L. For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this section and to meet all requirements under Pennsylvania Code Title 25, the Clean Streams Law, and the Storm Water Management Act.
M. The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland, 20910. NOAA’s Atlas 145 can be accessed at Internet address: http://hdsc. nws.noaa.gov/hdsc/pfds/.
N. Regulated activities that create earth disturbance activities that affect over 5,000 square feet but under but under one acre must also submit and erosion and sedimentation control plan to the Conservation District.
O. Regulated activities that create earth disturbance activities that affect over one acre must also submit an application for an NPDES permit to the Conservation District.
(2) Exemptions.
A. Regulated activities that result in cumulative earth disturbances less than 1,250 square feet maximum are exempt from the requirements in subsections (c)(3) and (4) and (d) of this section.
B. Agricultural activity is exempt from the rate control and SWM Site Plan preparation requirements of this section provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
C. Forest management and timber operations are exempt from the rate control and SWM Site Plan preparation requirements of this section provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
D. Exemptions from any provisions of this section shall not relieve the applicant from the requirements in subsection (c)(1)D. through M. of this section.
E. The Municipality may deny or revoke any exemption pursuant to this section at any time for any project that the Municipality believes may pose a threat to public health and safety or the environment.
F. Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety, and property.
G. Drainage problems. If a drainage problem is documented or known to exist downstream of or is expected from the proposed activity, then the Municipality may require the applicant to comply with this section even if the proposed activity may be otherwise exempt.
H. Even though the proposed activity may be exempt from these regulations the applicant is not relieved from complying with other applicable regulations enacted and enforced by the Municipality.
(3) Volume Controls. The low impact development practices provided in the SWM Manual1 shall be utilized for all regulated activities to the maximum extent practicable. Water volume controls shall be implemented using the design storm method in subsection (c)(3)A. or the simplified method in subsection (c)(3)B. below. For regulated activities that create 10,000 square feet or less of impervious cover that do not require hydrologic routing to design the stormwater facilities, this chapter establishes no preference for either methodology; therefore, the applicant may select either methodology on the basis of economic considerations, the intrinsic limitations on applicability of the analytical procedures associated with each methodology, and other factors.
A. The design storm method (CG-1 in the SWM Manual1) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.
1. Do not increase the post-development total runoff volume for all storms equal or less than the two-year, 24-hour duration precipitation.
2. For modeling purposes:
a. Existing (pre-development) non-forested pervious areas must be considered meadow in good condition.
b. Twenty percent of existing impervious area, when present, shall be considered meadow in good condition in the model for existing conditions.
B. The simplified method (CG-2 in the SWM Manual1) provided below is independent of site conditions and should be used if the design storm method is not followed. This method is not applicable to regulated activities greater than 10,000 square feet or for projects that require design of stormwater storage facilities. For new impervious surfaces:
1. Stormwater facilities shall capture at least the first two inches of runoff from al new impervious surfaces.
2. At least the first one inch of runoff from new impervious surfaces shall be permanently removed from the runoff flow (i.e., it shall not be released into the surface waters of this Commonwealth). Removal options include reuse, evaporation, transpiration, and infiltration.
3. Wherever possible, infiltration facilities should be designed to accommodate infiltration of the entire permanently removed runoff; however, in all cases at least the first one-half inch of the permanently removed runoff should be infiltrated.
4. This method is exempt from the requirements of subsection (c)(4) of this section (Rate Controls).
(4) Rate Controls. For the one-, two-, five-, ten-, 25-, 50-, and 100-year storms, the post-development peak discharge rates will follow the release rates delineated on Table 1, which meet the requirements for the Stonycreek River watershed and meet or exceed the requirements for the Conemaugh and Little Conemaugh River Watersheds.
TABLE 1
Stormwater Management Rate Controls Applied City-Wide
Stormwater Management Rate Controls Applied City-Wide
Proposed Condition Design Storm | (reduce to) | Existing Condition Design Storm |
2-year | 1-year | |
5-year | 5-year | |
10-year | 10-year | |
25-year | 25-year | |
50-year | 50-year | |
100-year | 100-year |
(d) Stormwater Management (SWM) Site Plan Requirements.
(1) Plan Requirements. The following items shall be included in the SWM Site Plan:
A. Appropriate sections from the municipal subdivision and land development ordinance, and other applicable local ordinances, shall be followed in preparing the SWM Site Plans. In instances where the Municipality lacks subdivision and land development regulations, the content of SWM Site Plans shall follow the County’s subdivision and land development ordinance.
B. The Municipality shall not approve any SWM Site Plan that is deficient in meeting the requirements of this section. At its sole discretion and in accordance with this subsection (l), when a SWM Site Plan is found to be deficient, the Municipality may either disapprove the submission and require a resubmission, or in the case of minor deficiencies the Municipality may accept submission of modifications.
C. Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance plan discussed in subsection (d)(1)E.9. below.
D. The following signature block for the Municipality:
“ on this date / /20 ,
Building Code Officer
has reviewed and hereby certifies that the SWM Site Plan meets all design standards and criteria of the City of Johnstown Stormwater Management Ordinance No. .”
E. The SWM Site Plan shall provide the following information:
1. The overall stormwater management concept for the project.
2. A determination of site conditions in accordance with the SWM Manual1. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, and other environmentally sensitive areas such as brownfields.
3. Stormwater runoff design computations, and documentation as specified in this section, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this section, including the recommendations and general requirements in subsection (c)(1) of this section.
4. Expected project time schedule.
5. A soil erosion and sediment control plan, where applicable, as prepared for and submitted to the approval authority.
6. The effect of the project (in terms of runoff volumes, water quality, and peak flows) on surrounding properties and aquatic features and on any existing stormwater conveyance system that may be affected by the project.
7. Plan and profile drawings of all SWM BMPs including drainage structures, pipes, open channels, and swales.
8. SWM Site Plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells.
9. The SWM Site Plan shall include an operation and maintenance (O&M) plan for all existing and proposed physical stormwater management facilities. This plan shall address long-term ownership and responsibilities for operation and maintenance as well as schedules and costs for O&M activities.
(2) Plan Submission.
A. Four copies of the SWM Site Plan shall be submitted as follows:
1. Two copies to the Municipality.
2. One copy to the Municipal Engineer.
3. One copy to the Cambria County Conservation District (optional when regulated activity results in cumulative earth disturbances of less than one acre/required when regulated activity results in cumulative earth disturbances of one acre or more).
B. Additional copies shall be submitted as requested by the Municipality or DEP.
(3) Plan Review.
A. The SWM Site Plan shall be reviewed by the Building Code Officer for consistency with the provisions of this section.
B. The Municipality shall notify the applicant in writing within 45 calendar days whether the SWM Site Plan is approved or disapproved. If the SWM Plan involves a subdivision and land development plan, the notification period is 90 days, in accordance with the Pennsylvania Municipalities Planning Code. If a longer notification period is provided by other statute, regulation, or ordinance, the applicant will be so notified by the Municipality.
C. If the Municipality disapproves the SWM Site Plan, the Municipality will state the reasons for the disapproval in writing. The Municipality also may approve the SWM Site Plan with conditions and, if so, shall provide the acceptable conditions for approval in writing.
(4) Modification of Plans. A modification to a submitted SWM Site Plan that involves a change in SWM BMPs or techniques, or that involves the relocation or redesign of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM Site Plan as determined by the Municipality, shall require a resubmission of the modified SWM Site Plan in accordance with this subsection (d).
(5) Resubmission of Disapproved Storm Water Management Site Plans. A disapproved SWM Site Plan may be resubmitted, with the revisions addressing the Municipality’s concerns, to the Municipality in accordance with this subsection (d). The applicable review fee must accompany a resubmission of a disapproved SWM Site Plan.
(6) Authorization to Construct and Term of Validity. The Municipality’s approval of an SWM Site Plan authorizes the regulated activities contained in the SWM Site Plan for a maximum term of validity of five years following the date of approval. The Municipality may specify a term of validity shorter than five years in the approval for any specific SWM Site Plan. Terms of validity shall commence on the date the Municipality signs the approval for an SWM Site Plan. If an approved SWM Site Plan is not completed according to subsection (d)(7) of this section within the term of validity, then the Municipality may consider the SWM Site Plan disapproved and may revoke any and all permits. SWM Site Plans that are considered disapproved by the Municipality shall be resubmitted in accordance with subsection (d)(5) of this section.
(7) As-Built Plans, Completion Certificate and Final Inspection.
A. The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM Site Plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Municipality.
B. The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.
C. After receipt of the completion certification by the Municipality, the Municipality may conduct a final inspection.
(e) Operation and Maintenance.
(1) Responsibilities of Developers and Landowners.
A. The Municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan. The Municipality may require a dedication of such facilities as part of the requirements for approval of the SWM Site Plan. Such a requirement is not an indication that the Municipality will accept the facilities. The Municipality reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
C. The operation and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.
D. The Municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this subsection (e).
(2) Operation and Maintenance Agreements.
A. Prior to final approval of the SWM Site Plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A attached to Ordinance No. 5160, passed 11-11-2014, a copy of which is available for public inspection during normal business hours in the offices of the City Clerk) covering all stormwater control facilities which are to be privately owned.
1. The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M Plan.
2. The owner shall convey to the Municipality conservation easements to assure access for periodic inspections by the Municipality and maintenance, as necessary.
3. The owner shall keep on file with the Municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the Municipality within ten working days of the change.
B. The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the operation and maintenance agreement, the Municipality may perform the services required and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.
(3) Stormwater Management Easements.
A. Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Municipality.
B. 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 subsection (e)(2) of this section.
(4) Performance Guarantee. For SWM Site Plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Municipality for the timely installation and proper construction of all stormwater management controls as required by the approved SWM Site Plan and this section in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.
(f) Fees and Expenses.
(1) The Municipality may include all costs incurred in the review fee charged to an applicant. The review fee may include but not be limited to costs for the following:
(2) Fees will be based on an hourly rate as established and periodically updated by the Municipality. Application reviews including resubmissions, meetings, site visits and inspections completed by the Building Code Officer and/or other Municipal staff, technical reviews by the Municipal Engineer (as/if required) and/or legal reviews by the Municipal Solicitor (as/if required). These shall be invoiced to the applicant on an hourly basis in accordance with the customary hourly rates charged by these staff. All fees must be paid within 30 days of receipt of each invoice. Failure to make payment within the specified period may result in a rescinding of the approval.
(g) Prohibitions.
(1) Prohibited Discharges and Connections.
A. 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 waters of this Commonwealth is prohibited.
B. No person shall allow, or cause to allow, discharges into surface waters of this Commonwealth which are not composed entirely of stormwater, except (1) as provided in subsection (g)(1)C. below, and (2) discharges allowed under a State or Federal permit.
C. The following discharges are authorized unless they are determined to be significant contributors to pollution to the waters of this Commonwealth:
1. Discharges from fire fighting activities;
2. Potable water sources including water line flushing;
3. Irrigation drainage;
4. Air conditioning condensate;
5. Springs;
6. Water from crawl space pumps;
7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used;
8. Flows from riparian habitats and wetlands;
9. Uncontaminated water from foundations or from footing drains;
10. Lawn watering;
11. Dechlorinated swimming pool discharges;
12. Uncontaminated groundwater;
13. Water from individual residential car washing;
14. Routine external building wash down (which does not use detergents or other compounds);
D. In the event that the Municipality or DEP determines that any of the discharges identified in division (g)(1)C. significantly contribute to pollution of the waters of this Commonwealth, the Municipality or DEP will notify the responsible person(s) to cease the discharge.
(2) Roof Drains, Foundation Drains and Sump Pumps.
A. Roof and foundation drains and sump pumps shall not discharge onto streets or roadside ditches, or into sanitary sewers and existing drains into these identified facilities shall be discontinued, except as provided in subsection (g)(2)B. of this section.
B. The Municipality may permit connections of roof and foundation drains and sump pumps directly to streets or roadside ditches for special circumstances when other options are impractical as determined by the Building Code Officer or other Municipal staff. Such permission shall be granted by permit which shall be for a one year term, and which in the absence of notification from the Municipality shall automatically renew for an additional one year term on each anniversary date.
C. Roof and foundation drains and sump pumps may discharge to infiltration or vegetative BMPs if local circumstances (i.e., lot size, slope, etc.) allow.
(3) Alteration of SWM BMPs. No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures, without the written approval of the Municipality.
(h) Enforcement and Penalties.
(1) Right of Entry. Upon presentation of proper credentials, the Municipality may enter at reasonable times upon any property within the Municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulate by this section.
(2) Inspection.
A. SWM BMPs should be inspected by the landowner, or the landowner’s designee (including the Municipality for dedicated and owned facilities) according to the following list of minimum frequencies:
1. Annually for the first five years.
2. Once every three years thereafter.
3. During or immediately after the cessation of a ten-year or greater storm.
B. Inspection reports shall be submitted to the Building Code Officer of the Municipality.
(3) Enforcement.
A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM Site Plan, unless specifically exempted in subsection (c)(2) of this section.
B. It shall be unlawful to violate subsection (g)(3) of this section.
C. Inspections regarding compliance with the SWM Site Plan are a responsibility of the Building Code Officer of the Municipality.
(4) Suspension and Revocation.
A. Any approval or permit issued by the Municipality may be suspended or revoked for:
1. Non-compliance with or failure to implement any provision of the approved SWM Site Plan or operation and maintenance agreement.
2. A violation of any provision of this section or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
3. The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
B. A suspended approval may be reinstated by the Municipality when:
1. The Municipality has inspected and approved the corrections to the violations that caused the suspension.
2. The Municipality is satisfied that the violation has been corrected.
C. An approval that has been revoked by the Municipality cannot be reinstated. The Applicant may apply for a new approval under the provisions of this section.
D. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Municipality may provide a limited time period for the owner to correct the violation. In these cases, the Municipality will provide the owner, or the owner’s designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this section.
(5) Penalties.
A. Anyone violating the provisions of this section shall be guilty of a civil penalty, and upon conviction shall be subject to a fine of not more than three hundred dollars ($300.00) for each offense recoverable with costs. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
B. In addition, the Municipality, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this section. 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.
(6) Appeals.
A. Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this section, may appeal to the Municipality within 30 days of that action.
B. Any person aggrieved by any decision of the Municipality, relevant to the provisions of this section, may appeal to the County court of common pleas in the county where the activity has taken place within 30 days of the Municipality’s decision.
(i) References.
(1) Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002 (2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA.
(2) The Pennsylvania Department of Environmental Protection (DEP). 363-2134-008 (2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.
(3) United States Department of Agriculture (USDA), National Resources Conservation Service (NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook, Section 4: Hydrology. Available online at: http://www.wcc.nrcs.usda.qov/hydro/hydro-techref-neh-630.html.
(4) United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1986. Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition. Washington, DC.
(5) US Department of Commerce (USDC), National Oceanic and Atmospheric Administration (NOAA), National Weather Service (NWS), Hydrometeorological Design Studies Center. 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Silver Spring, Maryland, 20910. Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
(Ord. 5160. Passed 11-12-14.)