CHAPTER 26
WATER
PART 1
FISHING CREEK/CEDAR RUN WATERSHED
A.   General Provisions
§ 26-101.   Short Title
§ 26-102.   Statement of Findings
§ 26-103.   Purpose
§ 26-104.   Statutory Authority
§ 26-105.   Applicability
§ 26-106.   Compatibility with Other Ordinance Requirements
B.   Definitions
§ 26-111.   Definitions
C.   Stormwater Management Standards
§ 26-121.   General Requirements
§ 26-122.   Exemptions
§ 26-123.   Water Quality
§ 26-124.   Rate Controls
D.   Stormwater Management Site Plan Requirements
§ 26-131.   Plan Contents
§ 26-132.   Plan Submissions
§ 26-133.   Plan Review
§ 26-134.   Modification of Plans
§ 26-135.   Resubmission of Disapproved SWM Site Plans
§ 26-136.   As-Built Surveys, Completion Certificate, and Final Inspection
E.   Operation and Maintenance
§ 26-141.   Responsibilities
§ 26-142.   Operation and Maintenance Agreements
F.   Fees and Expenses
§ 26-151.   General
G.   Prohibitions
§ 26-161.   Prohibited Discharges
§ 26-162.   Roof Drains
§ 26-163.   Alteration of BMPs
H.   Enforcement and Penalties
§ 26-171.   Right-of-entry
§ 26-172.   Inspection
§ 26-173.   Enforcement
§ 26-174.   Suspensions and Revocation
§ 26-175.   Penalties
I.   References
§ 26-181.   References
Appendix 26-A:   Low Impact Development Practices Alternative Approach for Managing Stormwater Runoff
Appendix 26-B:   Infiltration/BMP’s
Appendix 26-C:   Operation and Maintenance Agreement Stormwater Best Management Practices
Appendix 26-D:   Example Calculations to Determine Exemption from SWM Site Plan Preparation Requirements
PART 1
FISHING CREEK/CEDAR RUN WATERSHED
A. General Provisions
§ 26-101. Short Title.
This Part shall be known and may be cited as the “Lamar Township Fishing Creek/Cedar Run Watershed  Stormwater Management Ordinance.”
(Ord. 4-09-2007, 4/9/2007, § 101)
§ 26-102. Statement of Findings.
The governing body of the Municipality finds that:
      A.   Inadequate management of accelerated runoff or stormwater resulting from development throughout a watershed increases flows and velocities, contrib utes 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).
(Ord. 4-09-2007, 4/9/2007, § 102)
§ 26-103. Purpose.
The purpose of this Part is to promote health, safety, and welfare within the Municipality and its watershed by minimizing the harms and maximizing the benefits described in § 26- 102 of this Part, 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.
      B.   Preserve the natural drainage systems as much as possible.
      C.   Manage stormwater runoff close to the source.
      D.   Provide the minimum procedures and performance standards for stormwater planning and management.
      E.   Maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
      F.   Prevent scour and erosion of stream banks and streambeds.
      G.   Provide proper operations and maintenance of all permanent SWM BMPs that are implemented within the Municipality.
      H.   Provide the minimum standards to meet NPDES permit requirements.
(Ord. 4-09-2007, 4/9/2007, § 103)
§ 26-104. Statutory Authority.
   1.   Primary Authority. The municipality is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864, Act 167, 32 P.S. § 680.1 etseq., as amended, the “Stormwater Management Act” and the (appropriate municipal code).
   2.   Secondary Authority. The Municipality also is empowered to regulate land use activities that affect runoff by the authority of 53 P.S. §§ 10101 et seq., the Pennsylvania Municipalities Planning Code, as amended.
(Ord. 4-09-2007, 4/9/2007, § 104)
§ 26-105. Applicability.
All regulated activities and all activities that may affect stormwater runoff within Fishing Creek/Cedar Run Watershed are subject to regulation by this Part.
(Ord. 4-09-2007, 4/9/2007, § 105)
§ 26-106. Compatibility with Other Requirements.
Approvals issued and actions taken under this Part 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. In the event that other ordinances regulating stormwater management would be more restrictive than this Part, then the stormwater management provisions of the more restrictive ordinance shall apply.
(Ord. 4-09-2007, 4/9/2007, § 108)
B. DEFINITIONS
§ 26-111. Definitions.
For the purposes of this Part, certain terms and words used herein shall he 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.
      D.   The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
      E.   The words “used or occupied” include the words “intended, designed, main tained, or arranged to he used or occupied.”
   AGRICULTURAL ACTIVITY - 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.
   APPLICANT - a landowner, developer or other person who has tiled an application for approval to engage in any regulated earth disturbance activity at a project site in the Municipality.
   BMP (BEST MANAGEMENT PRACTICE) - 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 Part. BMPs include but are not limited to infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins. Structural SWM BMPs are permanent appurtenances to the project site.
   CONSERVATION DISTRICT - a conservation district, as defined in § 3(c) of the Conservation District Law (3 P. S. § 851(c)), which has the authority under a delegation agreement executed with the Department to administer and enforce all or a portion of the erosion and sediment control program in this Commonwealth.
   DESIGN STORM - the magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design and evaluation of stormwater management systems.
   DETENTION - the volume of runoff that is captured and released into the Waters of this Commonwealth at a controlled rate.
   DEP - the Pennsylvania Department of Environmental Protection.
   DEVELOPMENT SITE (SITE) - see “project site.”
   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; conversion of pervious surfaces to impervious surfaces; the moving, depositing, stockpiling, or storing of soil, rock, or earth materials; or any other action that causes any alteration or an alteration to the land surface.
   EROSION - the natural process by which the surface of the land is worn away by water, wind or chemical action.
   EXTENDED DETENTION VOLUME (EDV)- release of detained runoff in excess of permanently removed volume (PRV) over an extended period of time of 24 to 72 hours.
   FLOODPLAIN - any land area susceptible to inundation by water from any natural source or delineated by applicable Federal Emergency Management Agency (FEMA) maps and studies as being a special flood hazard area. Also included are areas that comprise Group 13 Soils, as listed in Appendix 26-A of the Pennsylvania Department of Environmental Protection (PADEP) Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by PADEP).
   FLOODWAY - the channel of the watercourse and those portions of the adjoining floodplains that is 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.
   FOREST MANAGEMENT/TIMBER OPERATIONS - planning and activities necessary for the management of forestland. 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.
   HYDROLOGIC SOIL GROUP (USG) - infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSG's (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The Natural Resources Conservation Service (NRCS) of the US Department of Agriculture 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.
   IMPERVIOUS SURFACE (IMPERVIOUS AREA) - a surface that prevents the infiltration of water into the ground. Impervious surfaces (or covers) 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.
   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.
   LAND DEVELOPMENT (DEVELOPMENT) - inclusive of any or all of the following meanings: (a) the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving 1) a group of two or more buildings, or 2) 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; (b) any subdivision of land; (c) development in accordance with § 503(1.1) of the Pennsylvania Municipalities Planning Code.
   MUNICIPALITY - Lamar Township Clinton County, Pennsylvania.
   NRCS - Natural Resources Conservation Service (previously SCS).
   PA DOT - Pennsylvania Department of Transportation.
   PEAK DISCHARGE - the maximum rate of stormwater runoff from a specific storm event.
   PERMANENTLY REMOVED VOLUME (PRV) - the volume of runoff that is permanently removed from the runoff and not released into surface waters of this Commonwealth during or after a storm event.
   PERVIOUS SURFACE (PERVIOUS AREA) - ground surfaces that may be vegetated or un-vegetated, and that are not covered with any type of impervi ous surface(s).
   PROJECT SITE - the specific area of land where any regulated activities in the Municipality are planned, conducted or maintained.
   QUALIFIED PROFESSIONAL - any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this Part.
   REGULATED ACTIVITIES - all activities involving land development or earth disturbance activity.
   RETENTION/REMOVED - the volume of runoff that is captured and not released directly into the surface waters of this Commonwealth during or after a storm event.
   RETURN PERIOD - the interval, in years, within which a storm event of a given magnitude can be expected, on average, to recur. For example, the 25- year return period rainfall would be expected, on average, to recur every 25 years.
   RUNOFF - any part of precipitation that flows over the land.
   SEDIMENT - soils or other materials transported by surface water as a product of erosion.
   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.
   STORMWATER - drainage runoff from the surface of the land resulting from precipitation, snow, or ice melt.
   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 adopted by the County of  Clinton  for the Fishing Creek/Cedar Run Watershed as required by 32 P.S. §§ 680.1 to 680.17, as amended, and known as the “Stormwater Management Act.”
   STORMWATER MANAGEMENT BMPS - is abbreviated as SWM BMPs throughout this Part.
   SUBDIVISION - the division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, or lease, transfer of ownership, or building or lot development.
   USACE - United States Army Corps of Engineers.
   WATERS OF THIS COMMONWEALTH - rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
   WATERSHED - region or area drained by a river, watercourse or other body of water, whether natural or artificial.
   WETLAND - those 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, fens, and similar areas.
(Ord. 4-09-2007, 4/9/2007, § 201)
C. STORMWATER MANAGEMENT STANDARDS
§ 26-121. General Requirements.
   1.   No regulated activities shall commence until the municipality approves a plan, which demonstrates compliance with the requirements of this Part.
   2.   Plans approved by the Municipality shall be on site throughout the duration of the regulated activity.
   3.   The Municipality may, after consultation with DEP, approve alternative methods for meeting the State Water Quality Requirements other than those in this Part, provided that they meet the minimum requirements of, and do not conflict with, State law including, but not limited to, the Clean Streams Law.
   4.   For all regulated activities equal to or greater than 1,000 sq. ft. in area, implementa tion of peak rate controls and preparation of a SWM Site Plan are required, unless exempted by § 26-122 of this Part. Please note that a pre-design conference shall be required to discuss the design and implementation of peak rate controls, and the preparation of a SWM Site Plan, unless waived by the Township Engineer. Also note that both the applicant and the qualified professional must attend this pre-design conference. The qualified professional will be provided with a copy of the Municipal ity's applicable stormwater management design manual at this pre-design conference.
   5.   Impervious Areas.
      A.   The measurement of impervious areas shall include all of the imperious areas in the total proposed development even if development is to take place in stages.
      B.   For development taking place in stages, the entire development plan must be used in determining conformance with this Part.
      C.   For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this Part.
   6.   Discharges onto adjacent property. Permission of the adjoining property owner(s) shall be required when a SWM Plan proposes a concentrated discharge where none currently exists. In addition, permission of the downstream property owner(s) may be required by the Township if in the opinion of the Township Engineer, the downstream property owner(s) are being significantly impacted by the proposed SWM Plan.
   7.   All regulated activities shall include such measures as necessary to:
      A.   Protect health, safety, and property.
      B.   Meet State water quality requirements as defined in Part 1B.
      C.   Meet the water quality goals of this Part by implementing measures to:
         (1)   Minimize disturbance to floodplains, wetlands, natural slopes over 15 percent, and existing native vegetation.
         (2)   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.
         (3)   Establish and maintain non-erosive flow conditions in natural flow pathways.
         (4)   Minimize soil disturbance and soil compaction. Cover disturbed areas with topsoil having a minimum depth of4 inches. Use tracked equipment for grading when feasible.
         (5)   Disconnect impervious surfaces by directing runoff to pervious areas.
      D.   Incorporate the techniques described in Appendix 26-A of this Part (Low Impact Development Practices) whenever practical.
   8.   The design of all facilities over Karst shall include an evaluation of measures to minimize adverse effects.
   9.   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, US Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland, 20910. NOAA's Atlas 14 can be accessed at Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
   10.   All project sites shall be evaluated for the presence of wetlands. If wetlands are present, then the applicant shall obtain a jurisdictional determination from the USACE.
(Ord. 4-09-2007, 4/9/2007, § 301)
§ 26-122. Exemptions.
   1.   Exemptions from plan preparation.  The following activities may be exempt from the plan preparation and submission provision of this Part, but shall remain subject to the minimum design standards and criteria specified in this Part (and erosion and sediment pollution control requirements):
      A.   Non-commercial home gardening;
      B.   Agriculture, when operated in accordance with an approved conservation plan, or erosion and sedimentation control plan;
      C.   Regulated activities where the total impervious area associated with such activities will be less than 5,000 square feet.
      D.   Regulated activities where the applicant/developer can satisfactorily demonstrate that downstream properties, ground water, and waters of the Commonwealth will not be harmed if the total impervious areas associated with such activities would exceed 5,000 square feet.
      E.   Forest management conducted in accordance with an approved erosion and sediment pollution control plan may be exempt from the plan preparation and submission provisions of this Part; however, a plan showing the location, extent, and description of the proposed forest management activities must be submitted to the Municipality and its Engineer for review, and for a determination regarding the requirements to prepare and submit a storm water management plan in accordance with this Part. Forest management activities may not be conducted until the Municipality and its Engineer complete their review of the plan showing the location, extent, and description of the proposed forest management activities; and until the Municipality and its Engineer approve any required storm water management plan for the proposed forest management activities. Forest management activities involving timber harvesting in preparation for future land development are not exempt from the plan preparation and submission provisions of this Part.
   2.   The Municipality and its Engineer shall review all regulated activities to determine if the activity or activities may be exempt from the plan preparation and submission provisions of this Part.
   3.   All regulated activities that do not fall under the exemption criteria referenced above shall submit a drainage 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.
(Ord. 4-09-2007, 4/9/2007, §302; as amended by Ord. 07-05-2017, 7/5/2017)
§ 26-123. Water Quality.
Water quality control shall be implemented using the following methodologies:
      A.   The simplified method, as detailed below, is independent of site conditions.
         (1)   Retention and detention facilities shall he sized to capture the first 2 inches of runoff from all impervious surfaces.
         (2)   The first 1 inch of runoff shall be permanently removed and shall not be released into the surface Waters of this Commonwealth. This is the Permanently Removed Volume (PRV). Removal options include reuse, evaporation, transpiration, and infiltration. A list of the site conditions and BMP's generally suitable for infiltration is provided in Appendix 26- B.
         (3)   The subsequent 1 inch of runoff shall be detained. This is the Extended Detention Volume (EDV).
         (4)   Infiltration of the first ½ half inch of the PRV is encouraged. This portion of the PRV is the Groundwater Recharge Volume (GRV). A list of the site conditions and BMP's generally suitable for infiltration is provided in Appendix 26-B.
         (5)   The Permanently Removed Volume (PRV) requirement fur land areas with existing cover consisting of meadow, brush, wood-grass combina tion, or woods proposed for conversion to any other non-equivalent type of pervious cover shall be ¼ inch of runoff.
         (6)   Retention and detention facilities should be designed to drain both the PRV and EDV completely within 48 to 96 hours from the start of the storm.
         (7)   Retention facilities should be designed to accommodate infiltration of the PRV. Infiltration areas should be spread out and located in the sections of the site that are most suitable for infiltration. A list of the site conditions and BMPs generally suitable for infiltration is provided in Appendix 26-B.
      B.   The Design Storm Method, as detailed below, requires technical modeling based on site conditions.
         (1)   Do not increase the post-development total runoff volume for all storms equal to or less than the 2-year 24-hour duration rainfall.
         (2)   Do not increase peak rate of runoff for (1 -, 2-, 10-, 25-, 100-year storms (at minimum), pre-development to post-development; as necessary, provide additional peak rate control for as required by Act 167 planning.
         (3)   Existing (pre-development) non-forested pervious areas must be considered meadow or its equivalent.
         (4)   Twenty percent of existing impervious area, when present, shall he considered meadow in the model for existing conditions. Township may require up to 100 percent of the existing area be modeled as meadow for existing conditions for sites with known stormwater concerns.
      C.   In all cases, retention and detention facilities should be designed to completely drain water quality volumes (in the ease of the Simplified Method this is includes both the PRV and FDV) over a period of time not less than 4S hours and not more than 96 hours from the start of the design storm.
The Pennsylvania Stormwater Best Management Practice Manual (1) provides guidance on selection and application of both water quality control methodologies.
(Ord. 4-09-2007, 4/9/2007, § 303)
§ 26-124. Rate Controls.
   1.   Areas not covered by a Release Rate Map from an approved Act 167 Stormwater Management Plan:
Post-development discharge rates shall not exceed the predevelopment discharge rates for the 1 -, 2-, 10-, 25-, and 100-year storms. If it is shown, that the peak rates of discharge indicated by the post-development analysis are less than or equal to the peak rates of discharge indicated by the pre-development analysis for 1-, 2-, I 0-, 25-, and 100-year, 24-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement.
   2.   Areas covered by a Release Rate Map from an approved Act 167 Stormwater Management Plan:
For the 1-, 2-, 10-, 25-, and 100-year storms, the post-development discharge rates will follow the release rate maps in this Part. For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.
   3.   BMPs for Rate Controls. A list of BMPs for peak rate controls is provided in Appendix 26-B, Item C.
(Ord. 4-09-2007, 4/9/2007, § 304)
D. Stormwater Management (SWM) Site Plan Requirements
§ 26-131. Plan Contents.
The following items shall he included in the SWM Site Plan:
      A.   Appropriate sections from the Municipal Subdivision and Land Development Ordinance [Chapter 22] shall be followed in preparing the SWM Site Plans. In instances where the Municipality lacks Subdivision and Land Development regulations the County Subdivision and Land Development Ordinance [Chapter 22] shall be followed.
      B.   The SWM Site Plan shall provide the following supplemental information:
         (1)   The overall stormwater management concept for the project.
         (2)   A determination of Site Conditions in accordance with Appendix 26-B. A detailed site evaluation shall be completed for projects proposed in karst topography.
         (3)   Stormwater runoff computations as specified in this Part.
         (4)   Expected project time schedule.
         (5)   An erosion and sediment pollution control plan, as prepared for and submitted to the approval authority. Proof of approval by the approval authority must he provided prior to execution of the Qualified Profes sional's signature block.
         (6)   The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing municipal stormwater collection system that may receive runoff from the project site.
         (7)   Plan and profile drawings of all SWM BMP's including open channels and swales.
         (8)   SWM Site Plan shall show the locations of existing and proposed septic tank infiltration areas and wells.
         (9)   A permanent 15-foot wide pathway for use by vehicles shall be provided around all SWM BMPs, such as ponds and infiltration structures. The pathways shall connect to a public thoroughfare.
         (10)   The following signature block for the Municipality:
            “______________, on this date (date of signature), has reviewed this SWM Site Plan in accordance with the design standards and criteria of the applicable Municipal Ordinances.”
         (11)   The following signature block for the qualified professional:
            “_________________, on this date (date of signature), hereby certify that this SWM Site Plan was prepared in strict accordance with all of the design standards and criteria of all applicable Municipal Ordinances.”
         (12)   An NPDES permit (when required by DEP) as prepared for and submitted to the approval authority. Proof of approval by the approval authority must he provided prior to execution of the qualified profes sional's signature block.
(Ord. 4-09-2007, 4/9/2007, § 401)
§ 26-132. Plan Submission.
   1.   Five copies of the SWM Site Plan shall be submitted as follows:
      A.   Two copies to the Municipality.
      B.   One copy to the Municipal Engineer (when applicable).
      C.   One copy to the County Conservation District.
      D.   One copy to the County Planning Commission/Office.
   2.   Additional copies shall be submitted as requested by the Municipality, DEP, or PA DOT.
(Ord. 4-09-2007, 4/9/2007, § 402)
§ 26-133. Plan Review.
   1.   The SWM Site Plan shall be reviewed by a qualified professional for the Municipality for consistency with the provisions of this Part. After review, the qualified professional shall provide a written recommendation for the municipality to approve or disapprove the SWM Site Plan. If it is recommended to disapprove the SWM Site Plan, the qualified professional shall state the reasons for the disapproval in writing. The qualified professional also may recommend approval of the SWM Site Plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. The SWM Site Plan review and recommendations shall be completed within the time allowed by the Municipalities Planning Code for reviewing subdivision plans.
   2.   The Municipality shall notify the applicant in writing within 45 calendar days whether the SWM Site Plan is approved or disapproved. If disapproved, the Municipality shall cite the reasons for disapproval.
   3.   The Municipality's approval of a SWM Site Plan shall be valid for a period not to exceed 5 years. This 5-year time period shall commence on the date that the Municipality signs the approved SWM Site Plan. If stormwater management facilities included in the approved SWM Site Plan have not been constructed, or if an as-built survey of these facilities has not been approved within this 5-year time period, 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 he resubmitted in accordance with § 26-135 of this Part.
(Ord. 4-09-2007, 4/9/2007, § 403)
§ 26-134. 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 re-design 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 Part 1D.
(Ord. 4-09-2007, 4/9/2007, § 404)
§ 26-135. Resubmission of Disapproved SWM Site Plans.
A disapproved SWM Site Plan may he resubmitted, with the revisions addressing the Municipality's concerns, to the Municipality in accordance with this Part. The applicable review fee must accompany a resubmission of a disapproved SWM Site Plan.
(Ord. 4-09-2007, 4/9/2007, § 405)
§ 26-136. As-Built Surveys, Completion Certificate, and Final Inspection.
   1.   The developer shall he responsible for completing an “as-built survey” of all SWM BMPs included in the approved SWM Site Plan. The as-built survey and an explanation of any discrepancies with the design plans shall be submitted to the Municipality.
   2.   The submission shall include a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent SWM BMPs have been constructed according to the plans and specifications and approved revisions thereto.
   3.   After receipt of the completion certification by the Municipality, the Municipality may conduct a final inspection.
(Ord. 4-09-2007, 4/9/2007, § 406)
E. Operation and Maintenance
§ 26-141. Responsibilities.
   1.   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 the ownership and operating responsibility for any or the entire stormwater management controls.
   2.   Structural SWM BMPs shall he enumerated as permanent real estate appurtenances and recorded as deed restrictions.
(Ord. 4-09-2007, 4/9/2007, § 501)
§ 26-142. Operation and Maintenance Agreements.
The owner is responsible for operation and maintenance of the SWM BMP's, and for preparing an operation and maintenance agreement in accordance with Appendix 26-C. 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.
(Ord. 4-09-2007, 4/9/2007, § 502)
F. Fees and Expenses
§ 26-151. General.
   1.   The Municipality may include all costs incurred in the review fee charged to an applicant.
   2.   The review fee may include but not be limited to costs for the following:
      A.   Administrative/clerical processing.
      B.   Review of the SWM Site Plan.
      C.   Attendance at meetings.
      D.   Inspections.
      E.   Engineering review costs.
(Ord. 4-09-2007, 4/9/2007, § 601)
G. Prohibitions
§ 26-161. Prohibited Discharges.
   1.   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.
   2.   Discharges which may he allowed, if they do not significantly contribute to pollution to the waters of this Commonwealth, are:
 
-Discharges from firefighting activities
-Flows from riparian habitats and wetlands
-Potable water sources including dechlorinated water line and fire hy drant flushings
-Uncontaminated water from founda tions or from footing drains
-Irrigation drainage
-Lawn watering
-Air conditioning condensate
-Dechlorinated swimming pool dis charges
-Springs
-Uncontaminated groundwater
-Water from crawl space pumps
-Water from individual residential car washing
-Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill ma terial has been removed) and where detergents are not used
-Routine external building wash down (which does not use detergents or other compounds)
 
   3.   In the event that the Municipality or DEP determines that any of the discharges identified in subsection .2, significantly contribute to pollution of the waters of this Commonwealth, the Municipality or DEP will notify the responsible person(s) to cease the discharge.
(Ord. 4-09-2007, 4/9/2007, § 701)
§ 26-162. Roof Drains.
Roof drains and sump pumps shall discharge to infiltration or vegetative BMP's to the maximum extent practicable.
(Ord. 4-09-2007, 4/9/2007, § 702)
§ 26-163. Alteration of BMPs.
No person shall modify, remove, fill, landscape, or alter any SWM BMPs without the written approval of the Municipality.
(Ord. 4-09-2007, 4/9/2007, § 703)
H. Enforcement and Penalties
§ 26-171. Right-of-entry.
As a condition of approval of an applicant's stormwater management site plan, and upon presentation of proper credentials, the applicant agrees that the Municipality, and/or their agents, may enter upon any property within the Municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part.
(Ord. 4-09-2007, 4/9/2007, § 801)
§ 26-172. Inspection.
   SWM BMPs shall be inspected by the land owner/developer (including Municipality for dedicated facilities) according to the following list of frequencies:
      A.   Annually for the first 5 years.
      B.   Once every 3 years thereafter.
      C.   During or immediately after the cessation of any storm event.
(Ord. 4-09-2007, 4/9/2007, § 802)
§ 26-173. Enforcement.
   1.   It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM Site Plan.
   2.   It shall he unlawful to alter, remove, or fail to implement any control structure required by the SWM Site Plan.
   3.   Inspections regarding compliance with the SWM Site Plan are a responsibility of the Municipality.
(Ord. 4-09-2007, 4/9/2007, § 803)
§ 26-174. Suspension and Revocation.
   1.   Any approval for a regulated activity may he suspended or revoked (in writing) by the Municipality for:
      A.   Non-compliance with, or failure to implement, any provision of the approval, including as-built surveys and completion certificates.
      B.   A violation of any provision of this Part or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
      C.   The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
   2.   A suspended approval may be reinstated by the Municipality when:
      A.   The Municipality has inspected and approved the corrections to the violations that caused the suspension.
      B.   The Municipality is satisfied that the violation has been corrected.
   3.   An approval that has been revoked by the Municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
   4.   Prior to revocation or suspension of a permit, if there is no immediate danger to life, public health, or property the Municipality may notify the land owner/ developer to discuss the non-compliance.
(Ord. 4-09-2007, 4/9/2007, § 804)
§ 26-175. Penalties.
   1.   Anyone violating the provisions of this Part may be assessed a civil penalty of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues constitutes a separate violation, and penalties shall he cumulative.
   2.   In addition, the Municipality, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. 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.
   3.   The fine upon conviction as set forth in this Section shall be subject to revision pursuant to resolution adopted by the Municipality.
(Ord. 4-09-2007, 4/9/2007, § 805)
§ 26-176. Appeals.
   1.   Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this Part, may appeal to the Municipality within 30 days of that action.
   2.   Any person aggrieved by any decision of the Municipality, relevant to the provisions of this Part, 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.
(Ord. 4-09-2007, 4/9/2007, § 806)
I. References.
§ 26-181. References.
   1.   Pennsylvania Department of Environmental Protection, 2005, Draft Pennsylvania Stormwater Best Management Practices Manual, Harrisburg, PA.
(Ord. 4-09-2007, 4/9/2007, Art. IX)
APPENDIX 26-A
LOW IMPACT DEVELOPMENT PRACTICES
ALTERNATIVE APPROACH FOR
MANAGING STORMWATER RUNOFF
Natural hydrologic conditions may be altered by development practices, which may create impervious surfaces, destroy drainage swales, construct storm sewers, and change local topography. A traditional approach to drainage has been to remove runoff from sites as quickly as possible and capture it in downstream detention basins. This approach leads to the degradation of water quality as well as additional expenditures for detaining and managing concentrated runoff.
The recommended approach is to promote practices that will minimize post-development runoff rates and volumes and minimize needs for artificial conveyance and storage facilities. To simulate pre-development hydrologic conditions, increased infiltration often is helpful to offset the effects of increasing the area of impervious surfaces. The ability to increase infiltration depends upon the soil types and land use.
Preserving natural hydrologic conditions requires careful site design that includes preservation of natural drainage features, minimization of impervious surfaces, reduction of hydraulic connectivity of impervious surfaces, and protection of natural depression storage areas. A well-designed site will contain a mix of all these features. The following describes various techniques to achieve this:
      A.   Preserve Drainage Features. Protect natural drainage features, particularly vegetated drainage swales and channels. Locate streets and adjacent storm sewers away from valleys and swales.
      B.   Protect Natural Depression Storage Areas. Depression storage areas have no surface outlet, or they drain very slowly. Depressions should be protected and the storage capacity should be incorporated into required detention facilities.
      C.   Avoid Creating Impervious Surfaces. Reduce impervious surfaces to the maximum extent possible. Building footprints, sidewalks, driveways and other features should be minimized.
      D.   Avoid Connecting Impervious Surfaces. Route roof runoff over lawns and avoid using storm sewers. Grade sites to increase the travel time of stormwater runoff. Avoid concentrating runoff.
      E.   Use Pervious-Paving Materials. Use pervious materials for driveways, parking lots, access roads, sidewalks, bike trails and hiking trails. Provide pervious strips between streets and sidewalks.
      F.   Reduce Setbacks. Reduce setbacks for buildings to shorten the driveways and entry walks.
      G.   Construct Cluster Developments. Construct cluster developments to reduce street length per lot.
APPENDIX 26-B
INFILTRATION/BMP’s
A.   List of Site Conditions Suitable for Infiltration
   1.   Depth of bedrock below the invert of infiltration BMPs should he greater than or equal to 2 feet.
   2.   Depth of seasonal high water table below the invert of infiltration BMPs should he greater than or equal to 2 feet.
   3.   Soil permeability tests should he greater than or equal to 0.10 inches/hour and less than or equal to 10 inches per hour.
   4.   Setback distances or buffers of in filtration BMPs should be a minimum of:
      a.    50 feet from individual water supply wells and 100 feet from community or municipal water supply wells.
      b.   20 feet from building foundations.
      c.   50 feet from septic system drain fields.
      d.   50 feet from karst geologic contacts such as sinkholes, closed depressions, fracture traces, faults, and pinnacles.
      e.   20 feet from the property line unless documentation is provided to show that all setbacks from wells, foundations and drain fields on neighboring properties will he met.
B.   Effective BMPs for Infiltration
   1.   Infiltration trench.
   2.   Infiltration basin.
   3.   Biofilters, rain gardens, bioinfiltration, bio swales.
   4.   Filters for pre-treatment.
C.   Effective BMPs for Rate Control
   1.   Wet ponds.
   2.   Stormwater wetlands.
   3.   Extended detention (dry) ponds.
   4.   Swales.
   5.   Runoff volume reduction BMPs listed and B and C above such as retention, infiltration and re-vegetation.
D.   Effective BMPs for Evapotranspiration
   1.   Rain gardens.
   2.   Green roofs.
APPENDIX 26-C
OPERATION AND MAINTENANCE AGREEMENT
STORMWATER BEST MANAGEMENT PRACTICES
THIS AGREEMENT, made and entered into this _____________ day of ___________, 200_, by and between _________________,(hereinafter the “Landowner”), and _______________________________________ County, Pennsylvania, (hereinafter “Municipality”);
   WITNESSETH
   WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of _______________ County, Pennsylvania, Deed Book ____________ at Page __________. (hereinafter “Property”).
   WHEREAS, the Landowner is proceeding to build and develop the Property; and
   WHEREAS, the stormwater management BMP Operation and Maintenance Plan approved by the Municipality (hereinafter referred to as the “Plan”) for the property identified herein, which is attached hereto as Appendix 26-A and made part hereof, as approved by the Municipality, provides for management of stormwater within the confines of the Property through the use of Best Management Practices (BMPs); and
   WHEREAS, the Municipality, and the Landowner, his successors and assigns, agree that the health, safety, and welfare of the residents of the Municipality and the protection and maintenance of water quality require that on-site stormwater Best Management Practices be constructed and maintained on the Property; and
   WHEREAS, the Municipality requires, through the implementation of the SWM Site Plan, that stormwater management BMP's as required by said Plan and the Municipal Stormwater Management Ordinance be constructed and adequately operated and maintained by the Landowner, his successors and assigns.
   NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
   1.   The Landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.
   2.   The Landowner shall operate and maintain the BMPs as shown on the plan in good working order accordance with the sped lie maintenance requirements noted on the approved SWM Site Plan.
   3.   The Landowner hereby grants permission to the Municipality, its authorized agents and employees, to enter upon the property, at reasonable times and upon presentation of proper credentials, to inspect the BMPs whenever necessary. Whenever possible, the Municipality shall notify the Landowner prior to entering the property.
   4.   In the event the Landowner fails to operate and maintain the BMP's per paragraph 2, the Municipality or its representatives may enter upon the Property and take whatever action is deemed necessary to maintain said BMP(s). This provision shall not be construed to allow the Municipality to erect any permanent structure on the land of the Landowner. It is expressly understood and agreed that the Municipality is under no obligation to maintain or repair said facilities, and in no event shall this Agreement he construed to impose any such obligation on the Municipality.
   5.   In the event the Municipality, pursuant to this agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner shall reimburse the Municipality for all expenses (direct and indirect) incurred within 10 days of receipt of invoice from the Municipality.
   6.   The intent and purpose of this agreement is to ensure the proper maintenance of the onsite BMPs by the landowner; provided, however, that this agreement shall not he deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by stormwater runoff.
   7.   The landowner, its executors, administrators, assigns, and other successors in interests, shall release the Municipality from all damages, accidents, casualties, occurrences or claims which might arise or he asserted against said employees and representatives from the construction, presence, existence, or maintenance of the BMP(s) by the landowner or Municipality.
   8.   The Municipality shall inspect the BMPs at a minimum of once every three years to ensure their continued functioning.
This Agreement shall be recorded at the Office of the Recorder of Deeds of _____________ County, Pennsylvania, and shall constitute a covenant running with the Property and/or equitable servitude, and shall he binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interests, in perpetuity.
   ATTEST:
   WITNESS the following signatures and seals:
(SEAL)                     For the Municipality:
___________________________________
(SEAL)                     For the Landowner:
___________________________________
   ATTEST:
_____________________________ (City, Borough, Township)
County of ________________________, Pennsylvania
I, ____________________________________, a Notary Public in and for the County and State aforesaid, whose commission expires on the __________ day of ________________, 20__, do hereby certify that ______________ whose name(s) is/are signed to the foregoing Agreement hearing date of the  ______________ day of _____________________, 20__, has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS __________ day of __________________, 200_.
__________________________________      _______________________________________
NOTARY PUBLIC               (SEAL)
APPENDIX 26-D
EXAMPLE CALCULATIONS TO DETERMINE
EXEMPTION FROM SWM SITE PLAN PREPARATION REQUIREMENTS
Example I
   1.   The proposed new impervious area B of a garage is 900 sq. ft which is next to the house and a driveway which are 1920 and 700 sq. ft respectively.
   2.   Determine the longest dimension of the area by connecting the out to out points of the area (the diagonal D). This measures 102 ft. (the driveway is 32 ft by 30 ft and the house is 60 ft by 32 ft)
   3.   Extend the area of the house and driveway (60 ft. by 82 ft) in every direction by 102 ft and draw a rectangle. This is a 264 ft. by 286 ft. rectangle. The area of this rectangle is designated as the Area of Influence (AOI) and is equal to 75,504 sq. ft. which is 1.7 acres.
   4.   Now, calculate the Total Impervious Area (TIA) inside this Area of Influence (AOI) which is designated as a = area of the existing house + area of the new garage + area of the driveway + portion of neighbor's house on the right + area of hickory lane on the bottom.
   5.   a= 1920+900+700+1200+264*10= 7360 sq. ft.
   6.   According to Table 26-1A, maximum exemption for 1.7 Acres is 6800 sq. ft. 7360 sq. ft. is larger than 6800 sq. ft.
   7.   So, construction of this new garage requires preparation of SWM Site Plan that includes Peak Rate Control.
Example 2
   1.   Proposed new impervious area, B = Area of the garage = 600
   2.   Total Impervious Area (TIA) within the Area of Influence (AOI) is
      a = Area of the house+ area of the garage+ area of the driveway+ Area of the Rhubarb's lane
         =50*30+600+30*5+20*25+(94*2+50)*10
         =5130 sq. ft
   3.   Area of Influence (AOI)=(94*2+50)*(94+30+50+94)
               =(238*268) sq. ft.
               =63784 sq. ft.
               =1.5 acres
   4.   From Table 26-1A, Total Impervious Area allowed from Peak Rate Control and SWM Site Plan preparation is 6200 sq. ft., corresponding to the Area of Influence (AOI), is 1.5 acres. The Total Impervious Area 5130 sq. ft. within the Area of Influence (AOI) is less than 6200 sq. ft.; therefore, construction of the 600 sq. ft. garage is exempt from preparation of the SWM Site Plan (and from peak rate control) requirement.