A.
Applicants proposing regulated activities in the municipality which are not exempt under § 194-106 shall submit a stormwater management site plan (SWM site plan) to the municipality for review and approval in accordance with Articles III and IV. SWM site plans approved by the municipality shall be on site throughout the duration of the regulated activity.
B.
The stormwater management and runoff control criteria and standards
in this chapter shall apply to the total proposed regulated activity,
even if it is to take place in stages. The measurement of impervious
surfaces shall include all of the impervious surfaces in the total
proposed regulated activity even if the development is to take place
in stages.
C.
No regulated activity within the municipality shall commence until:
(1)
The municipality issues approval of a SWM site plan, which demonstrates
compliance with the requirements of this chapter; and
(2)
The applicant has received a letter of adequacy or approval
for the erosion and sediment control plan review by the municipality
and the Conservation District (if required), and has received all
other local, state and federal permit approvals required for the project
involving the regulated activity.
D.
Neither submission of a SWM site plan under the provisions herein
nor compliance with the provisions of this chapter shall relieve any
person from responsibility for damage to any person or property otherwise
imposed by law.
E.
The applicant shall design the site to minimize disturbances to land, site hydrology, and natural resources, and to maintain the natural hydrologic regime, drainage patterns and flow conditions. The applicant shall apply the procedures set forth in § 194-304 for the overall site design and for selection, location and design of features and BMPs to be used to comply with the requirements of this chapter.
F.
To the maximum extent practicable, post-construction stormwater shall
be discharged within the drainage area of the same stream or water
body receiving the runoff prior to construction of the proposed regulated
activity.
G.
For regulated activities with one acre or more of proposed earth
disturbance, existing drainage peak rate discharges up to and including
the 100-year storm and the volume of runoff up to and including the
two-year storm onto or through adjacent property(ies) or downgradient
property(ies), including diffuse drainage discharge, shall not be
altered in any manner by regulated activities under this chapter without
written permission from, and, where applicable as determined by the
municipality an easement and agreement with, the affected landowner(s)
for conveyance of discharges onto or through their property(ies).
Altered stormwater discharges shall be subject to any applicable discharge
criteria specified in this chapter.
H.
Areas located outside of the site (i.e., areas outside of the regulated activity) that drain through a proposed site are not subject to water quality and volume control, infiltration, stream channel protection, or peak flow rate control requirements (as presented in §§ 194-305, 194-306, 194-307 and 194-308). Drainage facilities located on the site shall be designed to safely convey flows from outside of the site through the site.
I.
If site conditions preclude capture of runoff from limited portions
of the disturbed area for achieving water quality volume control standards,
stream channel protection standards, and the two-year, five-year and
ten-year storm event peak runoff rate reduction standards for new
development required by this chapter, the applicant shall propose
alternate methods to mitigate the bypass of the BMPs, subject to the
approval of the Municipal Engineer. In no case shall resulting peak
rate be greater than the predevelopment peak rate for the equivalent
design storm.
J.
For all regulated activities, erosion and sediment control BMPs shall
be designed, implemented, operated, and maintained during the regulated
activities (i.e., during construction) as required to meet the purposes
and requirements of this chapter, to meet the erosion and sediment
control requirements of the municipality, if applicable, and to meet
all requirements under Title 25 of the Pa. Code and the Clean Streams
Law.
K.
For all regulated activities, permanent BMPs and conveyances shall
be designed, implemented, operated, and maintained to meet the purposes
and requirements of this chapter and to meet all requirements under
Title 25 of the Pennsylvania Code, the Clean Streams Law, and the
Stormwater Management Act.
L.
The design of all BMPs and conveyances shall incorporate sound engineering
principles and practices in a manner that does not aggravate existing
stormwater problems as identified by the municipality. The municipality
reserves the right to disapprove any design that would result in construction
in an area affected by existing stormwater problem(s) or continuation
of an existing stormwater problem(s).
M.
Existing wetlands, either on the site or on an adjacent property,
shall not be used to meet the minimum design requirements for stormwater
management or stormwater runoff quality treatment. Stormwater discharges
to existing wetlands shall not degrade the quality or hydrologic integrity
of the wetland.
N.
Hotspot runoff controls. Specific structural or pollution prevention
practices may be required, as determined to be necessary by the Municipal
Engineer, to pretreat runoff from hotspots prior to infiltration.
Following is a list of examples of hotspots:
(1)
Vehicle salvage yards and recycling facilities;
(2)
Vehicle fueling stations;
(3)
Vehicle service and maintenance facilities;
(4)
Vehicle and equipment cleaning facilities;
(5)
Fleet storage areas (bus, truck, etc.);
(6)
Industrial sites based on Standard Industrial Classification
Codes;
(7)
Marinas (service and maintenance areas);
(8)
Outdoor liquid container storage;
(9)
Outdoor loading/unloading facilities;
(10)
Public works storage areas;
(11)
Facilities that generate or store hazardous materials;
(12)
Commercial container nursery;
(13)
Contaminated sites/brownfields;
(14)
Other land uses and activities as designated by the municipality.
O.
Contaminated and brownfield sites. Where BMPs may contribute to the
migration of contaminants in groundwater, the water quality and runoff
volume, stream channel protection, and peak rate control standards
shall be met; however, at the Municipal Engineer's discretion,
the minimum infiltration requirement may be reduced or eliminated
commensurate with the contaminated area and the required water quality
and runoff control measures may be increased to mitigate the reduced
infiltration requirement for the contaminated area.
P.
Additional water quality requirements. The municipality may require
additional stormwater control measures for stormwater discharges to
special management areas including, but not limited to:
(1)
Water bodies listed as "impaired" by PADEP.
(2)
Any water body or watershed with an approved total maximum daily
load (TMDL).
(3)
Areas of known existing flooding problems.
(4)
Critical areas with sensitive resources (e.g., state-designated
special protection waters, cold-water fisheries, carbonate geology
or other groundwater recharge areas that may be highly vulnerable
to contamination, drainage areas to water supply reservoirs, etc.).
Q.
Applicants shall utilize the Pennsylvania Stormwater Best Management
Practices Manual (PA BMP Manual), as amended, or other sources acceptable
to the Municipal Engineer, for testing and design standards for BMPs,
and where there is a conflict with the provisions of this chapter,
the most restrictive applies.
R.
For areas underlain by karst or carbonate geology that may be susceptible
to the formation of sinkholes and other karst features, the location,
type, and design of infiltration BMPs shall be based on a site evaluation
conducted by a qualified licensed professional and based on the PA
BMP Manual (as amended) or other design guidance acceptable to the
Municipal Engineer.
S.
All regulated activities located within a special flood hazard area
designated by the Federal Emergency Management Agency (FEMA) shall
comply with Article XI of the City of Coatesville Zoning Ordinance,
as amended from time to time and shall be designed to maintain the
flood-carrying capacity of the floodway such that the base flood elevations
are not increased, either upstream or downstream. The natural conveyance
characteristics of the site and the receiving floodplain shall be
incorporated into the stormwater management practices proposed for
the site.
T.
Disturbance of existing ground cover during construction of the proposed
regulated activity is prohibited within 50 feet of top-of-bank of
all perennial and intermittent waterways, water bodies (lakes, ponds,
etc.) and wetlands, except for activities otherwise approved by state
or local agencies (e.g., stream restoration projects, road crossings,
subsurface utility projects, etc.). At the Municipal Engineer's
discretion, and with Conservation District and PADEP approval where
necessary, the nondisturbance buffer may be reduced because of setback
or other site constraints, but never be less than 10 feet.