The following provisions apply for all activity governed by the provisions of this subchapter.
   (A)   All drainage facilities proposed shall be designed in accordance with the borough subdivision and land development ordinance (Chapter 154 of this code of ordinances) and the borough stormwater management ordinance (Chapter 153 of this code of ordinances).
   (B)   Lot grading shall be in compliance with any subdivision or land development plans which may have been approved for this property by the borough. Stormwater runoff shall be directed in the locations anticipated by the original subdivision and/or land development plan.
   (C)   In the event that the lot is not part of a prior approved subdivision or land development plan, lots shall be graded to secure proper drainage away from buildings and, to the extent possible, away from street areas, except streets where curbs, storm sewer piping system or roadside swales exist. All drainage provisions shall be designed to efficiently carry surface waters to the nearest swale, storm drain or natural watercourse. If the aforementioned facilities do not exist, then in that event, stormwater shall be evenly dispersed over the lot so as to best promote infiltration of stormwater into the ground within the boundaries of the subject lot and to minimize impacts to adjacent properties and roads. The design shall clearly indicate how this will be achieved.
   (D)   The permittee shall construct and/or install such drainage structures and/or pipes which are necessary to prevent erosion damage and to satisfactorily manage surface waters in accordance with 25 Pa. Code Chapter 102, Rules and Regulations, Part I, Commonwealth of Pennsylvania Department of Environmental Protection, Subpart C. Protection of Natural Resources, Article II, Water Resources. Any drainage system not operating as planned shall be corrected at the expense of the applicant.
   (E)   No person, firm or corporation shall modify, fill, excavate or regrade the land in any manner as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment, stormwater pooling or other physical damage or personal injury which might result. Such activity without the required support or protection will constitute a nuisance punishable by the provisions of this subchapter.
   (F)   No person, firm or corporation shall deposit or place any debris or other material whatsoever, or cause such to be thrown or placed, in any drainage ditch or drainage structure in such a manner as to obstruct free flow.
   (G)   Stockpiling of topsoil shall be protected from erosion.
   (H)   All disturbed areas shall be seeded, sodded and/or planted or otherwise protected from erosion within 60 days of ground breaking, and shall be watered, and maintained until growth is well established. If state regulations require a shorter time, the shorter time shall be required.
   (I)   All permanent grading shall be designed and undertaken to meet the following criteria:
      (1)   Provide positive surface drainage away from buildings and structures; and
      (2)   Provide that no cutting or filling, either temporarily or permanently, shall be allowed to occur within five feet of any side or rear property line, except at locations where specific grading and/or drainage easements exist for the purposes of such grading.
   (J)   The permittee shall limit stormwater runoff rate and concentration from the subject lot to other lands in a manner that will minimize risk of damage to downstream property owners.
   (K)   Stormwater control facilities shall be designed and constructed to meet the following criteria:
      (1)   No stormwater runoff shall be diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public land;
      (2)   Stormwater roof drains and any sump pump drains shall not discharge water directly onto a sidewalk, a lane or a street, or within the street, or within the street right-of-way and shall not direct water toward improved portions of adjacent lots (i.e., buildings, driveways, onlot sewer facilities and the like);
      (3)   Stormwater roof drains and sump pump drains shall be constructed to disperse the discharge on the lot which is the subject of the application or to an approved stormwater system; and
      (4)   Any stormwater outlet pipe or structure that discharges water to the surface of the ground shall be located no closer than 20 feet from a property line, unless the outlet pipe or structure is discharging into a drainage channel or swale within a drainage easement that has been designed and constructed to receive the water discharge from that outlet. Downspout pipes discharging stormwater runoff from portions of a roof of less than 500 square feet of roof area shall be exempt from this regulation, if the following criteria are met:
         (a)   The outlet shall be located no closer than five feet from a property line;
         (b)   A standard splash pad or apron shall be provided to spread the flow; and
         (c)   A swale or ground slope shall be provided or available to protect the immediate adjacent downstream property.
(Ord. 218-2006, passed 6-5-2006)