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HomeMy WebLinkAboutStormwater Ordinance Ordinance No. I 0- 13 - 0 '1 TIlE PETERS TOWNSHIP STORMW ATER MANAGEMENT ORDINANCE Article 1- General Provisions Section 101. Section 102. Section 103. Section 104. Section 105. Section 106. Section 107. Section 108. Article I1- Definitions Short Title Statement of Findings Purpose Statutory Authority Applicability Repealer Severability Compatibility with Other Ordinance Requirements Article 1lI- Stormwater Management Standards Section 301. Section 302. Section 303. Section 304. Section 304a. Section 304b. General Requirements Exemptions Water Quality Rate Controls Communities Without an ACT 167 Plan Communities With an ACT 167 Plan Article IV- Stormwater Management Site Plan Requirements Section 40 I. Section 402. Section 403. Section 404. Section 405. Section 405. General Requirements Plan Submissions Plan Review Modification of Plans Resubmission of Disapproved Stonnwater Management Site Plans Submission of As-Built Survey Article V -Operation and Main~enance Section 501. Section 502. Article VI-Fees and Expenses Section 601. Article VII-Prohibitions Section 701. Section 702. Section 703. Responsibili ti es Operation and Maintenance Agreenicnts General Prohibited Discharges Roof Drains Alteration of BMPs Article VIII-Enforcements and Penalties Section 801. Section 802. Section 803. Section 804. Section 805. Section 806. Article IX- Rcfercnces Appendix A: Appendix B: Appendix C: Appendix 0: Right of entry Inspection Enforcement Suspensions and Revocation Penalties Appeals Low Impact Development Practices Site Conditions Suitable for Infiltration BMPs for Infiltration BMPs for Rate Control BMPs for Evapotranspiration Operation and Maintenance Agreement, Stormwater Best Management Practices Procedure and Examples for Total Impervious Area Calculation 2 ARTICLE I -GENERAL PROVISIONS Section 101. Short Title This Ordinance shall be known and may be cited as the "Peters Township Stonnwater Management Ordinance." Section 102. Statement of Findings The Peters Township Supervisors find that: A. Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velociti~s, contributes to erosion and sedimentation, ove;:taxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control storm water, undermines flood plain management and flood control efforts in Gownstream 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 l1.tnoff, is fundamental to the public health, safety and welfare and the protection of pepple of the Commonwealth, thcir resources and the environment. C. Stonnwater is an important water resource, which lwvides 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 municipdities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stonnwater discharges from their separate stonn sewer systems under the National Pollutant Discharge Elimination System (NPDES). Section 103. Purpose The purpose of this Ordinance is to promote health, safety, ar:..d welfare within Peters Township and its watershed by minimizing the hanns and maximizing the benefits described in Section 102 of this Ordinance, 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 possiLle. C. Manage stonnwater runoff close to the source. D. Provide procedures and performance standards for ston~l\vater planning and management. 3 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 Peters Township. H. Provide standards to meet NPDES pennit requirements. Section 104. Statutory Authority A. 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. Section 680.1, et seq., as amended, the "Stonnwater 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, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code, as amended. Section 105. Applicability All Regulated Activities and all activities that may affect stormwater runoff, including land development or earth disturbance, are subject to regulation by this Ordinance. Section 106. Repealer Any other ordinance provision(s) or regulation of Peters Township inconsistent with any of the provisions of this Ordinance is hereby repealed to the extent of the inconsistency only. Section 107. Severability In the event that a court of competent jurisdiction declares any section or provision of this Ordinance invalid, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. Section 108. Compatibility with Other Requirements Approvals issued and actions taken under this Ordinance do not relieve the Applicant of the responsibility to secure required pennits or approvals for activities regulated by any other code, law, regulation or ordinance. ARTICLE II -DEFINITIONS For the purposes of this Ordinance, certain terms and words used herein shall be interpreted as follows: 4 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 \ pellllissive. Agricultural Activity - The work of producing crops includil1g tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops, or pastming 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 filed an application for approval to engage in any Regulated Earth Disturbance activity at a project site in the Municipality. 8MI) (Best Management Practice) - Activities, facilities, designs, measures or procedures used to manage stofmwater impacts from Regulated Activities, to meet State Water Quality Requirements, to promote groundwater recharge and to othelwise meet the purposes of this Ordinance. 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 ir~ section 3( c) of the Conservation District Law (3 P. S. S 851(c)), which has the authority under a delegation agreement executed with the Department to adlilinister 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 fl-om 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. DEI' - 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 and thc moving, depositing, stockpiling, or storing of soil, rock or earth materials. Erosion - The natural process by which the surface of the land is worn away by water, wind or chemical action. 5 Extended Detention Volume (EDV)- Release of detained runoff in excess of Permanently Removed Volume (PRV) over an extended period of time of24 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 A of the Pennsylvania Depatiment of Environmental Protection (P ADEP) Teclmical 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 deIined the boundary of the 100-year f1oodway, 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 I Timber Operations - Planning ulld 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 (HSG) - Infiltration rates of soils vary widely and are affected by subsurface penlleability 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 Conservr.tion 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 alcaof the development site may be identified from a soil survey report that Catl be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies fi"om 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 3tructures, and any new streets or sidewalks. Decks, parking a:'eas, and driveway areas are not counted as impervious areas if they do not prevent infiltration. Karst - A type of topography or landscape characterized by sJrface depressions, sinkholes, rock pinnacles I uneven bedrock surface, underground drainage anJ caves. Karst is formed on carbonate rocks, such as limestone or dolomite. Land Development (Develupmellt) - Inclusive of any or all 0f the following meanings: (i) the improvement of one lot or two or more contiguous lots, tracts, vI' parcels of land for any purpose involving (a) a group of two or more buildings, or (b) the division or allocation ofland or space between or among two or mare existing or prospective occupailt~ by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or othcr features; (ii) any subdivision of land; (iii) development in aceordance with Section 503( 1.1) of the P A Municipalities Planning Codc. Municipality - Peters Township, Franklin County, Pennsylvania. 6 NRCS - Natural Resources Conservation Service (previously SCS). Peak Discbarge - The maximum rate of stOlmwater 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 COl1ll110nwealth during or after a storm event. Project Site - The specific area of land where any Regulated Activities in the Municipality are planned, conducted or maintained. Qualifkd Professional - Any person licensed by the Pennsylvania Department of State or othelwise qualified by law to perfonn the work required by the Ordinance. Regulated Activities- All activities involving land development or earth disturbance. 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 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 evelY twenty-five 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 or snow or ice melt. Stormwater Management Facility - Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or othelwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, stonn sewers, pipes, and infiltration structures. Stonnwater Management Plan - The plan for managing storm water runoff adopted by the County of Franklin for the Conococheague Watershed as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Stormwater Management Act". Stormwater Mamlgement BMPs- Is abbreviated as SWM BMPs throughout this Ordinance. Stormwater Management Site Plan - The plan prepared by the Developer or his representative indicating how stonn water runoff will be managed at the development site in accordance with this Ordinance. Stormwater M~Ulagement Site Plan will be designated as SWM Site Plan throughout this Ordinance. 7 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. ARTICLE III-STORMWATER MANAGEMENT STANDARDS Section 30 I. General Requirements A. No Regulated Activities shall commence until Peters Township approves a plan, which demonstrates compliance with the requirements ofthis Ordinance. B. Plans approved by Peters Township shall be on site throughout the duration of the Regulated Activity. C. Peters Township may, after consultation with DEP, approve altemative methods f()r meeting the State Water Quality Requirements other than those in this Ordinance, 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 Activities equal to or greater than 1000 sq. ft. in area, implemcntation of peak rate controls and preparation of a SWM Site Plan are required. E. Impervious Areas: I. The measurement of impervious areas shall include all of the imperious areas in the total proposed uevelopment even if development is to take place in stages. 2. For development taking place in stages, the enti:"e development plan must be used in determining confOlmance with this Ordinance. , 3. For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this ordinance. F. Discharges onto adjacent property shall not be created, increased, decreased, or relocated, or otherwise altered without permission of the adjacent property owner(s). Such uischarges shall be subject to the requirements ofthis Ordinance. G. All regulated activities shall include such measures as necessary to: I. Protect health, safety, and property; 8 2. Meet State Water Quality Requirements as defined in Article II; 3. Meet the water quality goals of this ordinance by implementing measures to: a. Minimize disturbance to floodplains, wdlands, natural slopes over 15%, and existing native vegetation. b. Preserve and maintain trees and woodbnds. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjaceilt to impervious areas whenever feasible. c. Establish and maintain non-erosive flow conditions 111 natural flow pathways. d. Minimize soil disturbance and soil compadion. Cover disturbed areas with topsoil having a minimum depth of 4 inches. Use tracked equipment for grading when feasible. e. Disconnect impervious surfaces by directing lUnoff to pervious areas. 4. Incorporate tile techniques described in Appendix A of this Ordinance (Low Impact Development Practices) whenever practical. H. The design of all facilities over Karst shall include an e';aluation of measures to minimize adverse effects. I. The design storm volumes to be used in the analysis of peak rates of discharge should be obtained fi-om 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: h1.1.R ://hdsc.nws.lloaa. gov /hdsc/pfds/. Section 302. Exemptions A. Regulated Activities that create less than 1000 sq. ft. of new impervious area and that meet the Area of Influence (A) requirements shown in, Table IA are exempt fi-Oln the peak rate control and the SWM Site Plan preparation requircment of this Ordinance. B. Regulated Activities that create less than 1000 sq. ft. of new impervious area and that meet the Area of Influence (A) requirements shown in Table IB are exempt from the rate control requirements of this Ordinance. C. Use the Guidelines in Appendix 0 to determine the Area of Influence, A, in acres and the total impervious area, a, in sq. ft. to determine if an exemption is applicable for regulated activities less than 1000 sq. ft. 9 D. After the date of the Ordinance adoption, if a subdivision and land development plan is submitted that addresses peak rate control and includes a SWM Site Plan, then the impervious exemption is calculated from the date of approval of that plan, based upon the impervious area shown on the subdivision and land development plan. E. Agricultural plowing and tilling are exempt from the rate control and SWM Site Plan preparation requirements of this ordinance provided the activities are performed according to the requirements of 25 Pa.Code Chapter 102. F. Subdivision plans for tlu'ee lots or fewer are exempt from the requirement to submit a SWM Site Plan at the time of subdivision; however, development of the individual lots created by the subdivision is subject to provisions of this Ordinance. G. Exemptions from any provisions of this Ordinance shall not relieve the applicant fl'om the requirements in Sections 301.F, G and H. TABLE lA: SWM exemptions Hum Peak Rate Controls and SWM Site Plan P.i:cliuration for Area of Influence, A, less than 3 t.:.:res. Area of Influence, A Total Im~~rvious Area, a, Exempt from (acres) ]'eak Rate Controls and from SWM Site Phm Preparation (sq. ft.) < 0.125 acre 1000 0.2 1400 0.3 1900 0.4 2300 0.5 2700 0.6 3100 0.7 3500 0.8 3900 0.9 4200 1.0 4600 1.1 4900 - 1.2 5200 1.3 5500 1.4 5900 1.5 6200 1.6 6500 1.7 6800 1.8 7100 1.9 7300 2.0 7600 2.1 7900 2.2 8200 2.3 8400 10 2.4 8700 2.5 9000 2.6 9200 2.7 9500 2.8 9800 2.9 10000 11 TABLE 1 B: S WM exemptions from peak rate controls (ONL Y) for Area of Influence, A, 3.0 acres and greater Area of Influence, A Total Impervious Area a, Exempt from (acres) Peak Rate Controls ONLY (sq. ft.) 3 10300 3.1 10500 3.2 10800 3.3 11000 3.4 11300 3.5 11500 3.6 11700 3.7 12000 3.8 12200 3.9 12500 4 12700 4.1 12900 4.2 13200 4.3 13400 4.4 13600 4.5 13800 4.6 14100 4.7 14300 4.8 14500 4.9 14700 5 15000 >5 15000 - he area of influence, A in acres and the total impervious area a in sq. ft. are calculated using the guidelines provided ill Appendix D. 12 Section 303. Water Quality Water quality control shall be implemented using the following methodologies: A. The Simplified Method is independent of site conditions. 1. Retention and detention facilities shall be sized to capture the tlrst two inches (2") of ruIloff from all impervious surfaces. 2. The first one inch (1.0") of nmoff 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. 3. The subsequent one inch (1.0") of runoff shall be detained. This is the Extended Detention Volume (EDV). 4. Intlltration ofthe tlrst one-half inch (0.5") of the PRV is encouraged. This portion of the PRV is the Groundwater Recharge Volume (GRV). 5. The Permanently Removed Volume (PRV) requirement for land areas with existing cover consisting of meadow, brush, wood-grass ccmbination, or woods proposed for conversion to any other non-equivalent type of pervious cover shall be one- fourth (1/4) inch of runoff. 6. Retention and detention facilities should be des~gned to drain both the PRV and EDV completely within 48 to 96 hours from the start of the stonn. 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 B. B. The Design Storm Method requires detailed 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 stonns (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. 11te Pennsylvania Storm water Best Management Practices Pr!anual (I) provides guidance on selection and application of both water quality control methodologies. 13 Section 304. Rate Controls A. 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 2-, 5-, 10-, 25-, 50-, and 100-year stonns. 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 2-, 5-, 10-, 25-, 50-, 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. B. Areas covered by a Release Rate Map from an approved Act 167 Stormwatcr Management Plan: For the 2-, 5-, 10-, 25-, 50-, and 100-year storms, the post-development discharge rates will follow the release rate maps in this Ordinance. For any areas not shown on the release rate maps, the post-development discharg~ rates shall not exceed the predevelopment discharge rates. C. BMPs for Rate Controls A list ofBMPs for peak rate controls is provided in App~ndix B, Item C. ARTICLE IV-STORMWATERMANAGEMENT (SWM) SITE PLAN REQUIREMENTS Section 401. Plan Contents The tollowing items shall be included in the SWM Site Plan: A. Appropriate sections from the Peters Township Subdivision and Land Development Ordinance 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 shall be followed. B. The SWM Site Plan shall provide the following sUpple1:1cntal information: I. The overall stonnwater management concept for the project. 2. A detennination of Site Conditions in accordan:.;e with Appendix B. A detailed site evaluation shall be completed for projects proposed in karst topography. 3. Stonnwater runoff computations as specified in this Ordinance. 4. Expected project time schedule. 14 5. A soil erosion and sedimentation control plan, where applicable, as prepared for and submitted to the approval authority. 6. The effect of the project (in terms of runoff volumes and peak flows) on adjacent proper1ies and on any existing municipal storm water collection system that may receive runoff from the project site. 7. Plan and profile drawings of all SWM BMPs including open channel and swales. Drawings shall indicate hydraulic facility. 8. SWM Site Plan shall show the locations of existing and proposed septic tank infiltration areas and wells. 9. A permanent fifteen-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: "(Name of Design Engineer), on this date (date of signature), has reviewed and hereby certify that the SWM Site Plan meets all design standards and criteria of the Municipal Ordinance." Section 402. Plan Submission A. Five (5) copies of the SWM Site Plan shall be submitted as follows: I. Three (3) copies to the Municipality. 2. One (1) copy to the County Conservation District. 3. One (1) copy to the County Planning Commission/Office 13. Additional copies shall be submitted as requested by the Municipality or DEP. Scction 403. Plan Review A. The SWM Site Plan shall be reviewed by the Township's authorized representative for the Municipality for consistency with the provisions of this ordinance. 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 disap1:J1'oval 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. IS B. 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. C. The Municipality's approval of a SWM Site Plan shall be valid for a period not to exceed two (2) years. This two (2) 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 two (2) year time period, then the Municipality may consider the SWM Site Plan disapproved and may revoke any and all pennits. SWM Site Plans that are considered disapproved by the Municipality shall be resubmitted in accordance with Section 405 of this Ordinance. Section 404. 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 detennined by the Municipality, shall require a resubmission of the modified SWM Site Plan in accordance with this Article. Section 405. Resubmission of Disapproved SWM 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 Article. The applicable Review Fee must accompany a resubmission of a disapproved SWM Site Plan. Section 406. As Built Surveys, Completion Certificate and Final Inspection A. The Developer shall be responsible for completing aa "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. B. The submission shall include a certification of compl :tion 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. C. After receipt of the completion certification by the Municipality, the Municipality may conduct a final inspection. ARTICLE V- OPERATION AND MAINTENANCE Section 50 I. Responsibilities A. The Municipality shall make the final detennination 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 16 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 stonnwater management controls. B. Stmctural SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions. Section 502. Operation and Maintenance Agreements 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. ARTICLE VI-FEES AND EXPENSES Section 60 I. General The Municipality may include all costs incurred in the Review fee charged to an Applicant. The Review Fee shall be set by Resolution and may include bJt not be limited to costs for the following: A. Administrati vel clerical processing. B. Review of the SWM Site Plan. C. Attendance at Meetings. D. Inspections. ARTICLE VII-PROHIBITIONS Section 701. Prohibited Discharges A. Any drain or cOllveyr,nce, whether on the surface or sLt:surface, which allows any non- stonnwater discharge including sewage, process waste\vatcr, and wash water to enter the Waters of this Commonwealth is prohibited. B. Discharges, which may be allowed, if they do not signiffcuntly contribute to pollution to the Waters of this Commonwealth, are: -Flows from ri )Urian habitats and wetlands -Uncontaminated water from foundations or from footing drains 17 -Water from crawl space pumps -Water from individual residential car washing -Pavement wash waters where spills or leaks of toxic or hazardous materials have -Routine external building wash down not occurred (unless all spill material has (which does not use detergents or other been removed) and where detergents are not compounds) used C. In the event that the Municipality or DEP determines that any of the discharges identified in Subsection 701.B, significantly contribute to polbtion of the Waters of this Commonwealth, the Municipality or DEP will notify the responsible person(s) to cease the discharge. Section 702. Roof Drains Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs to the maximum extent practicable. Section 703. Alteration of BMPs No person shall modify, remove, fill, landscape, or alter any SWM BMPs without the written approval of the Municipality. ARTICLE VIII-ENFORCEMENT AND PENALTIES Section 801. Right-of-Entry Upon presentation of proper credentials, the Municipality may cnter at reasonable times upon any property within the Municipality to inspect the condition of the stonnwater structures and facilities in regard to any aspect regulated by this Ordinance. Section 802. Inspection SWM BMPs should be im'pected by the land owner/developer (including Municipality for dedicated facilities) according to the following list of frequencies: I. Annually for the first 5 years. 2. Once every 3 years thereafter, 3. During or immediately after the cessation of a 10-year or greater storm. Section 803. Enforcement A. It shall be unlawful f0r a person to undertake any Regulated Activity except as provided in an approved SWM Site Plan. B. It shall be unlawful to alter or remove any control striicture required by the SWM Site Plan. 18 C. Inspections regarding compliance with the SWM Site Plan are a responsibility of the Municipality. 804. Suspension and Revocation A. Any approval for a Regulated Activity issued may be suspended or revoked by the Municipality for: I. Non-compliance with, or failure to implement any provision of the approval. 2. A violation of any provision of this Ordinar~ce 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: I. 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 Ordinance. D. 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. Section 805. Penalties A. Anyone violating the provisions of this Ordinance shall be guilty of a summary oflense, and upon conviction shall be subject to a fine of not more than $1,000.00 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative. 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 Ordinance. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or pelmanent injunctions, mandamus or other appropriate forms of remedy or relief. Section 806. Appeals 19 A. Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this Ordinance, may appeal to the Municipality within thirty (30) days of that action. B. Any person aggrieved by any decision ofthe Municipality, relcvant to the provisions of this Ordinance, may appeal to the County Court Of Common Pleas in the county whcre the activity has taken place within thirty (30) days of the Municipality's decision. ARTICLE IX - REFERENCES I. Pelll1sylvania Departmcnt of Environmental Protection. 2005. Draft Pellllsylvania Storm water Best Mallagement Practices Mallual. Harrisburg, P A. ENACTED and ORDAINED by the Board of Supervisors of Peters Township, Franklin County, Pcnnsylvania, this.l!.:th. day of o r.{o bey- ,2007. This Ordinance shall take ellect immediately. (SEAL) MjJ~ Secreta of the Board of Supervisors of Peters Township, Franklin Co~nty, Pennsylvania 20 APPENDIX A LOW IMPACT DEVELOPMENT PRACTICES AL TERNA TIVE APPROACH FOR MANAGING STORMW A TER RUNOFF Natural hydrologic conditions may be altered by development practices, which may create impervious surfaces, destroy drainage swales, construct stOl1n 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 mnoff. 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 folbwing describes various techniques to achieve this: A. IJreserve Drainage Features. Protect natural drain~6e features, particularly vegetated drainage swales and channels. Locate streets and adjacent stOffil sewers away from valleys and swales. B. IJrotect Natural Depression Storage Areas. Depression storage areas have no surface outlet, or they drain very slowly. Depressions shOl.i~d be protected and the storage capacity should be ir:corporated into required detention facilities. C. A void Creating Impervious Surfaces. Reduce impervious surfaces to the maximum extent possible. Building footprints, sidewalks, driveways and other features should be minimized. D. Avoid COllnecting Impervious Surfaces. Route roof runoff over lawns and avoid using storm sewers. Grade sites to increase the travel time of stormwater runoff. A void concentrating runoff. E. Use IJervious-Paving Materials. Use pervious materials for driveways, parking lots, access roads, sidewdks, 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. 21 G. Construct Cluster Developments. Construct Cluster Developments to reduce street length per lot. APPENDIX B A. LIST OF SITE CONDITIONS SUITABLE FOR INFILTRATION 1. Depth of bedrock below the invert of infiltration BMPs should be greater than or equal to 2 feet. 2. Depth of seasonal high water table below the invert of infiltration BMPs should be greater than or equal to 2 feet. 3. Soil permeability tests should be greater than or equal to 0.1 0 inches / hour and less than or equal to 10 inches per hour. 4. Setback distances or buffers of infiltration BMP ~ should be a minimum of: a. 50 feet from L.dividual water supply wells and 10:) 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 fi:om wells, foundations and drain fields on neighboring properties will be met B. EFFECTIVE BMPs FOR INFILTRATION 1. Infiltration trench 2. Infiltration Ba~;in 3. Biofilters, rain gardens, bioinfiltration, bio swales 4. Filters for pre-treatment. C. EFFECTIVE BMPs FOR RATE CONTROL I. Wet ponds 2. Stormwater wetlands 22 3. Extended detention (dry) ponds 4. Swales 5. Runoff volume reduction BMPs listed and Band C above such as retention, infiltration and re-vegetation. D. EFFECTIVE BMPs FOR EVAPOTRANSPIRATION 1. Rain gardens 2. Green roofS APPENDIX C OPERATION AND MAINTENANCE AGREEMENT STORMW A TER BEST MANAGEMENT PRACTICES THIS AGREEMENT, made and entered into this _ day of , 200_, by and between , (hereinafter the "Landvwner"), and Peters Township, Franklin County, Pennsylvania, (hereinafter "Municipality"); WITNESSETH WHEREAS, the Landowner is the owner of ce11ain real prolJerty as recorded by deed in the land records of Franklin 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 properly identified herein, which is attached hereto as Appendix A and made part hereof, as approved by the Municipality, provides for management of stOrIllwater within the confines of the Property throu;;h the use of Best Management Practices (BMPs); and WHEREAS, the Munkipality, and the Landowner, his SUCCClS0rs and assigns, agree that the health, safety, and welfare ofth~ residents of the Municipality and th~ protection and maintenance of water quality require that on-site stonnwater Best Management Practices be constructed and maintained on the Property; and 23 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 patties hereto agree as follows: I. The Landowner shall construct the BMPs in accordance with tl.e 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 specific maintenance requirements noted 0<1 the approved SWM Site Plan. 3. The Landowner hereby gmnts permission to the Municipality, its authorized agents and employees, to enter upon the propeI1y, at reasonable times and upon presentativn 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 m.,lPs 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 expressl/ understood and agreed that the Municipality is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the Municipality. 5. In the event the Municipality, pursuant to this Agreement, perfolllls 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 ofthis Agreement is to ensure the proper maintenance of the onsite BMPs by the Landowner; provided, however, that this Agreement shall nut be deemed to create or effect any additiunalliability of any party for damage alleged to result from or be caused by storm water runoff. 7. The Landowner, its executors, administrators, assigns, and other successors in interests, shall release the Municipality from all damages, accidents, casualties, occunChces or claims which might arise or 24 be asserted against said employees and representatives from the construction, presence, existence, or maintenance ofthe 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 Franklin County, Pennsylvania, and shall constitute a covenant lUIming with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interestsl in perpetuity. (Note: The Agreement shall be properly executed and notarized.) APPENDIX D EXAMPLE CALCULATIONS TO DETERMINE EXEMPTION FROM SWM SITE PLAN PREP ARA TION REQUIREMENTS Example I I. 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 A and is equal to 75,504 sq. ft, which is 1.7 acres. 4. Now, calculate the total impervious area, a, inside this area of Inlluence, A, 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 + Alca of hickory lane on the bottom. 5. a= 1920+900+700+1200+ 264*10= 7360 sq. ft. 6. According to Table lA, maximum exemption for 1.7 Acres is 6800 sq. ft. 7360 sq. ft. is larger than 6800 sq. n. 7. So, construction of this new garage requires preparation of SWM Site Plan that includes Peak Rate Control. 25 102 ft. 30 ft. I Hickory Lane Figure D.1. 26 1200 sq. ft. Neighbor's House Example 2 I. Proposed new impervious area, B= Area of the garage = 600 2. Total impervious area, a, within the area of Influence, A is a = Area of the house+ area of the garage+ area ofthe 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, A=(94*2+50)*(94+30+50+94) =(238*268) sq. ft =63784 sq. ft. =1.5 acres 4. From Table lA, total impervious area allowed from Peak Rate Control and SWM Site Plan preparation is 6200 sq. ft., corresponding to the Area ofInfluence, A, is 1.5 acres. The total impervious area 5130 sq. ft. within the area of influence A is less than 6200 sq. ft.; therefore, construction ofthe 600 sq. ft. garage is exempt from preparation of the SWM Site Plan (and from peak rate control) requirement. I 94 ft. I I 94 ft. Rhub.lrb Road \. ~ Figure D.2. 27