(a) General Requirements for Stormwater Management.
(1) All Regulated Earth Disturbance activities within the Municipality shall be designed, implemented, operated and maintained to meet the purposes of this article, through these two elements:
A. Erosion and Sediment control during the earth disturbance activities (e.g., during construction), and
B. Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.
(2) No Regulated Earth Disturbance activities within the Municipality shall commence until the requirements of this article are met.
(3) Erosion and sediment control during Regulated Earth Disturbance activities shall be addressed as required by subsection (c) hereof.
(4) Post-construction water quality protection shall be addressed as required by subsection (d) hereof. Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Section 941.04.
(5) All Best Management Practices (BMPs) used to meet the requirements of this article shall conform to the State Water Quality Requirements, and any more stringent requirements as determined by the Municipality.
(6) Techniques described in Appendix A (Low Impact Development) of this article are encouraged, because they reduce the costs of complying with the requirements of this Ordinance and the State Water Quality Requirements.
(b) Permit Requirements by Other Government Entities. The following permit requirements may apply to certain Regulated Earth Disturbance activities, and must be met prior to commencement of Regulated Earth Disturbance activities, as applicable:
(1) All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
(2) Work within natural drainage ways subject o permit by DEP under 25 Pa. Code Chapter 105.
(3) Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
(4) Any stormwater management facility that would be located on a State highway right-of-way, or require access form a state highway, shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).
(5) Culverts, bridges, storm sewers or any other facilities which must pass or convey flows form the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
(c) Erosion and Sediment Control During Regulated Earth Disturbance Activities.
(1) No Regulated Earth Disturbance activities within the Borough of White Oak shall commence until approval by the Borough of an Erosion and Sediment Control Plan for construction activities.
(2) DEP has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code §102.4(b).
(3) In addition, under 25 Pa. Code Chapter 92, a DEP “NPDES Construction Activities” permit is required for Regulated Earth Disturbance activities.
(4) Evidence of any necessary permit(s) for Regulated Earth Disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Borough. The issuance of an NPDES Construction Permit (or permit coverage under the statewide General Permit (PAG-2) satisfies the requirements subsection (c)(1) hereof.
(5) A copy of the Erosion and Sediment Control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
(d) Water Quality Requirements After Regulated Earth Disturbance Activities Are Complete.
(1) No Regulated Earth Disturbance activities within the Borough shall commence until approval by the Borough of a plan which demonstrates compliance with State Water Quality Requirements after construction is complete.
(2) The BMPs must be designed, implemented and maintained to meet State Water Quality Requirements, and any other more stringent requirements as determined by the Borough.
(3) To control post-construction stormwater impacts from Regulated Earth Disturbance activities, State Water Quality Requirements can be met by BMPs, including site design, which provide for replication of pre- construction stormwater Infiltration and runoff conditions, so that post- construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 20024), this may be achieved by the following:
A. Infiltration: Replication of pre-construction stormwater infiltration conditions.
B. Treatment: Use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff, and
C. Streambank and Streambed Protection: Management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).
(4) DEP has regulations that require municipalities to ensure design, implementation and maintenance of Best Management Practices (“BMPs”) that control runoff from new development and redevelopment after Regulated Earth Disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPS.
(5) Evidence of any necessary permit(s) for Regulated Earth Disturbance activities from the appropriate DEP regional office must be provided to the Borough of White Oak.
(6) BMP operations and maintenance requirements are described in Section 941.04.
(Ord. 3346. Passed 3-15-04.)
(Ord. 3346. Passed 3-15-04.)