CHAPTER 2
Storm Water Quality Management
ARTICLE II
General Interpretation and Definitions
§ 143-9. General Interpretation.
For the purposes of this Ordinance, certain terms and words used herein shall be interpreted as follows:
A.Words used in the present tense include the future tense; the singular number includes the plural, and the plural numbers include the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
B.The words "includes" or "including" shall not limit the term to the specific example but are intended to extend their 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.
143-10. Definitions.
The following terms, whenever used in this Ordinance hereafter shall have the meanings indicated in this section, except where the context indicates a different meaning. Those definitions set forth in Chapter 3, Section 904 hereafter are likewise incorporated herein by reference thereto. To the extent any definition set forth in Chapter 3, Section 904 is inconsistent with the definition of any of the terms set forth hereafter, those definitions set forth in this Section shall be controlling for purposes of this Chapter 2 only.
ACCELERATED EROSION - The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur as a result of the natural process alone.
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.
BOROUGH - South Greensburg Borough, Westmoreland County, Pennsylvania.
BMP (BEST MANAGEMENT PRACTICE) - Schedules of activities, prohibitions of practices, structural controls (e.g. infiltration trenches), design criteria, maintenance procedures and other management practices to prevent or reduce pollution to the waters of the Commonwealth. BMP's include Erosion and Sedimentation Control Plans, Post Construction Stormwater Management Plans, Stormwater Management Act Plans and other treatment requirements, operating procedures and practices to control runoff, spillage or leaks, sludge or waste disposal, drainage from raw material storage, and methods to reduce pollution, recharge groundwater, enhance stream base flow and to reduce the threat of flooding and stream bank erosion.
CONSERVATION DISTRICT - The Westmoreland County Conservation District.
DEPARTMENT - The Pennsylvania Department of Environmental Protection (DEP).
DEVELOPER - See "Earth Disturbance Activity." The term includes redevelopment of an existing Development Site.
DEVELOPMENT SITE - The specific tract or parcel of land where any Earth Disturbance activities in the Township are planned, contemplated, laid out, conducted or maintained.
DIRECTOR - The Secretary of the Department of Environmental Protection or any authorized employee thereof.
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 the moving, depositing, stockpiling or storing of soil, rock or earth materials, other than activity which occurs during the normally practiced course of farming operations.
EROSION - The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLAN - A plan for a project site which identifies BMP's to minimize accelerated erosion and sedimentation.
GROUNDWATER RECHARGE - Replenishment of existing natural undergound water supplies.
IMPERVIOUS SURFACE - Any surface which prevents the infiltration of water into the ground. The term "Impervious Surface" includes, but is not limited to, any roof, parking lot or driveway areas, and any new or reconstructed streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.
MUNICIPALITY - South Greensburg Borough, Westmoreland County, Pennsylvania. Also referred to hereafter as the "Borough."
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - A separate storm sewer (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains), which include, but is not limited to, the following:
1.A system owned or operated by a state, city, town, borough, township, county district, association, authority, or any other public body created under state law having jurisdiction over the disposal of sewage, industrial wastes, storm water or other wastes;
2.A system designed or used for collecting or conveying storm water;
3.A system which is not a combined sewer; and/or
4.A system which is not a part of a Publicly Owned Treatment Works.
NOI - The Notice of Intent for Coverage under the NPDES General Permit for discharges from Small Municipal Separate Storm Sewer Systems.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) - The federal government's system for issuance of permits under the Clean Water Act, which is delegated to the DEP in Pennsylvania.
OUTFALL - The "Point Source" as described in 40 CFR §122.2 at the point where the Borough's storm sewer system discharges into surface waters of the Commonwealth or where an MS4 discharges into those surface waters of the Commonwealth; "outfall" does not include open conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other surface waters which are used to convey surface waters.
PERSON - An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever, recognized by law as the subject of rights and duties.
POINT SOURCE - Point source as defined by 25 Pa. Code §92.1, which includes any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel, or other floating craft from which pollutants are or may be discharged.
PROJECT SITE - The specific area of land where any Regulated Earth Disturbance activity in the Borough is planned to occur, conducted or maintained.
REDEVELOPMENT - Earth Disturbance activities on land which has been previously disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY - Those construction activities which result in land disturbance of greater than one (1) acre or more and/or land disturbance on a development site of less than one (1) acre where such development site is part of a larger common plan of development or sale that equals one (1) acre or more. Provided, however, that any construction activities associated with commercial, industrial, institutional or other business related purposes shall be deemed Land Disturbance Activity regardless of the size of the area of disturbance.
ROAD MAINTENANCE - Earth disturbance activities within an existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
SEPARATE STORM SEWER SYSTEM - A structure, conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying storm water runoff.
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM - A municipal separate storm sewer system (MS4):
1.Designated by the EPA at pages 68828-68831 of the Federal Register Volume 64, number 235 (December 8, 1999) based on the 1990 Decennial Census;
2.Designated by the EPA based on the 2000 Decennial Census;
3.Designated by the DEP based on the process described in 40 CFR §123.35 unless waived by the DEP pursuant to the process described in 40 CFR §123.35.
STATE WATER QUALITY REQUIREMENTS - As defined under state regulations - protection of designated and existing uses - (See 25 Pa. Code Chapters 93 and 96) - including:
A.Each stream segment in Pennsylvania having a "designated use,: such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained as provided by state regulations.
B."Existing uses" attained as of November 1975, regardless of whether they have been designated in Chapter 93. Regulated Earth Disturbance activities must be designated to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
C.Water quality involving the chemical, biological and physical characteristics of surface water bodies. After Regulated Earth Disturbance activities are complete, these characteristics can be impacted by the addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes inland surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, stream bed and structural integrity of the waterway, to prevent impact.
STORM WATER - Runoff from precipitation, snow melt runoff, surface runoff and drainage.
SURFACE WATERS OF THE COMMONWEALTH - Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
WATERCOURSE - A channel or conveyance of surface water, such as a stream or creek, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED - Region or area drained by a river, watercourse or other body or water, whether natural or artificial.
ARTICLE III
Storm Water Management Requirements
§ 143-11. General Requirements for Storm Water Management.
A.All Regulated Earth Disturbance Activities within the Municipality shall be designed, implemented, operated and maintained to meet the purposes of this Ordinance, through these two elements:
1.Erosion and Sediment control during the earth disturbance activities (e.g., during construction), and
2.Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.
B.No Regulated Earth Disturbance activities within the Municipality shall commence until the requirements of this Ordinance are met.
C.Erosion and sediment control during Regulated Earth Disturbance activities shall be addressed as required by §303.
D.Post-construction water quality protection shall be addressed as required by §304. Operations and maintenance of permanent storm water BMPs shall be addressed as required by Article IV herein.
E.All Best Management Practices (CMPs) used to meet the requirements of this Ordinance shall conform to State Water Quality Requirements and/or any more stringent requirements as may be determined by the Township hereafter.
F.Techniques described in Appendix A (Low Impact Development) of this Ordinance are encouraged, as they are deemed to reduce the costs of complying with the requirements of this Ordinance and State Water Quality Requirements.
§ 143-12. 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, when applicable:
A.All Regulated Earth Disturbance Activities subject to permit requirements by the DEP under regulations set forth in 25 Pa. Code Chapter 102.
B.Work within natural drainage ways subject to permit by the DEP under 25 Pa. Code, Chapter 105.
C.Any storm water management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by the DEP under 25 Pa. Code, Chapter 105.
D.Any storm water management facility that would be located on a State highway right-of-way, or require access from a State highway, shall also be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).
E.Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from a tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
§ 143-13. Erosion and Sediment Control During Regulated Earth Disturbance Activities.
A.No Regulated Earth Disturbance Activities within the Municipality shall commence until approval by the Westmoreland Conservation District of an Erosion and Sediment Control Plan for construction activities.
B.The DEP has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square fee or more, under 25 Pa. Code §102.4(b) that are applicable to Regulated Earth Disturbance Activities within the Township.
C.In addition, under 25 Pa. Code Chapter 92, a DEP "NPDES Construction Activities" permit is required for Regulated Earth Disturbance activities.
D.Evidence of the issuance of any necessary permit(s) for Regulated Earth Disturbance activities from the appropriate DEP regional office of County Conservation District must be provided to the Municipality prior to the issuance of any Local Permit under this Ordinance.
E.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.
§ 143-14. Water Quality Requirements after Regulated Earth Disturbance Activities are Complete.
A.No Regulated Earth Disturbance Activities within the Municipality shall commence until approval by the Municipality of a plan which demonstrates compliance with State Water Quality Requirements after construction is complete.
B.BMPs must be designed, implemented and maintained to meet State Water Quality Requirements, and any other more stringent requirements as determined by the Township.
C.To control post-construction storm water impact from Regulated Earth Disturbance activities, State Water Quality Requirements can be met by BMPs including site design, providing for replication of pre-construction storm water infiltration and runoff conditions, so that post-construction storm water discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Storm Water Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:
1.Infiltration: replication of pre-construction storm water infiltration conditions.
2.Treatment: use of water, quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the storm water runoff, and
3.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).
D.DEP has regulations that require municipalities to ensure the 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 a requirement to implement post construction storm water BMPs with assurance of long-term operations and maintenance of those BMPs.
E.Evidence of any necessary permit(s) for Regulated Earth Disturbance Activities from the appropriate DEP regional office must be provided to the Municipality.
F.Acceptable BMP operations and maintenance requirements are described in Article IV of this Ordinance.
ARTICLE IV
BMP Operation and Maintenance Plans
§ 143-15. General Requirements for Storm Water BMP Operation and Maintenance Plan Requirements.
A.No Regulated Earth Disturbance Activities within the Municipality shall commence until approval by the Municipality of BMP Operations and Maintenance Plan which describes how permanent (e.g., post construction) storm water BMPs will be properly operated and maintained.
B.The following items shall be included in the BMP Operations and Maintenance Plan:
1.Map(s) of the project area, in a form that meets the requirements for recording in the Office of the Recorder of Deeds of Westmoreland County. The contents of the map(s) shall include, but not limited to:
a.Clear identification of the location and nature of permanent storm water BMPs;
b.The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
c.Existing and final contours at intervals of two feet, or others as may be appropriate;
d.Existing streams, lakes, ponds, or other bodies of water within the project site area;
e.Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be reserved;
f.The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;
g.Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
h.Proposed final structures, roads, paved areas, and buildings;
i.A fifteen-foot wide access easement around all storm water BMPs that would provide ingress to and egress from a public right-of-way;
j.A description of how all permanent storm water BMPs will be operated and maintained, and the identity of the person(s) responsible for operation and maintenance;
k.The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the Plan; and
l.A statement, signed by the landowner, acknowledging that the storm water BMPs are fixtures that can be altered or removed only after approval by the Municipality.
§ 143-16. Responsibilities for Operation and Maintenance of BMPs.
A.The BMP Operation and Maintenance Plan for the project site shall establish responsibility for the continuing operation and maintenance of all permanent storm water BMPs as follows:
1.If a Plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Municipality, storm water BMPs may also be dedicated to and maintained by the Municipality;
2.If a Plan includes operations and maintenance in single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of storm water BMPs shall be the responsibility of the owner or private management entity.
B.The Borough shall make the final determination of the responsibility for continuing operations and maintenance. The Borough reserves the right to accept or reject operation and maintenance responsibility for any or all storm water BMPs.
§ 143-17. Municipal Review of BMP Operation and Maintenance Plans.