Chester County, PA PA Act 167 Stormwater Management Plans

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3 Chester County, PA PA Act 167 Stormwater Management Plans Act 167 Plans Completed and Approved by PADEP (prior to completion of County-wide 167 Plan) - to be incorporated into County-wide 167 Plan Conestoga (2005), Valley (2011), Crum (to be approved in 2011) Act 167 Plans Completed and Approved by PADEP - to be superceded by County-wide Act 167 Plan Darby (2005), Chester (2003) County-wide Act 167 Plan Underway Conestoga ELVERSON NORTH COVENTRY French Pigeon COVENTRY SOUTH COVENTRY WARWICK VINCENT Stony Run SPRING CITY PHOENIXVILLE NANTMEAL VINCENT PIKELAND Schuylkill River Drainages HONEY BROOK Pequea Brandywine ATGLEN SADSBURY HONEY BROOK BOROUGH SADSBURY PARKES BURG CALN VALLEY FALLOWFIELD NANTMEAL BRANDYWINE VALLEY COATESVILLE SOUTH COATESVILLE MOD ENA WALLACE BRANDYWINE CALN UPPER UWCHLAN BRADFORD CALN DOWNINGTOWN UWCHLAN BRADFORD Pickering PIKELAND WHITELAND GOSHEN CHESTER CHARLESTOWN Valley Chester TOWN WHITELAND GOSHEN MALVERN SCHUYLKILL Crum WILLISTOWN Ridley TREDYFFRIN Trout Crow Darby Gulph TOWN FALLOWFIELD HIGHLAND NEWLIN THORNBURY NOTTINGHAM LOWER OXFORD Northeast Octoraro OXFORD UPPER OXFORD NOTTINGHAM Elk ELK LONDONDERRY PENN NEW LONDON MARLBOROUGH LONDON GROVE White Clay GROVE AV ONDALE FRANKLIN LONDON BRITAIN NEW GARDEN POCOPSON MARLBOROUGH KENNETT SQUARE Red Clay KENNETT PENNSBURY BIRMINGHAM Christina River I 1 inch = 6 miles August 17, 2011

4 Act 167 County-wide Stormwater Management Plan - PROJECT TIMELINE (TENTATIVE) August 17, 2011 Countywide Act 167 Grant Project started January 2008 Municipalities were mailed questionnaires regarding Stormwater issues and needs, as well as their interest in the County pursuing the adoption of Watersheds as a County-wide Act 167 Plan. May 2008 Municipal Stormwater Summit held to discuss the potential for pursuing a county-wide approach Continue to gather municipal input and feedback and await PA DEP guidance on state transportation stormwater policies Gathered municipal/public input through the Chester County 2020 Clean Fresh Water: Connecting Costs and Challenges" Event Gathered municipal/public input through the Chester County Association of Township Officials spring Conference, Stormwater Breakout Session on a County-wide Act 167 Plan Gathered municipal/public input through the PADEP MS4 Listening Session Re-sent questionnaire to municipalities who had not previously responded to the questionnaire regarding Stormwater issues and needs, and their interest in the county pursuing the adoption of Watersheds as a County-wide Act 167 Plan All municipal questionnaires and other input compiled; results conclude significant interest in county pursuing adoption of Watersheds as a County-wide Act 167 Plan Gathered municipal/public input through the PADEP Public Meeting and Public Hearing - Draft MS4 General Permit Project temporarily suspended Awaiting State FY2010 Budget Conceptual Christina Basin MS4/TMDS implementation strategy presented at Christina River Basin Policy Committee Meeting PADEP gives notice to CCWRA that funding will be restored for the County-wide plan, but all funds must be spent by June 30, 2010 with no extensions Project team restarts Phase 1 - development of first draft minimum stormwater standards and work plan for completion of Phase 1 Gathered municipal/public input through the Christina River Basin municipal MS4 / TMDL Meeting Gather municipal/public input through the Chester County Association of Township Officials 2010 Spring conference (Stormwater breakout session on County-wide Act 167) Municipal (WPAC) meeting to introduce initial draft stormwater standards and model ordinance language Gather municipal/public input through the Christina River Basin MS4 / TMDL meeting Municipal comments regarding the initial model ordinance language and minimum standards due to CCWRA Municipal (WPAC) meeting to discuss municipal comments and how these are envisioned to be incorporated into a future Phase II scope of work Phase I Report and Phase 2 Scope of Work approved by PADEP C-TIP Municipal Workshop Meetings First Phase II WPAC Meeting with Municipalities With Municipal input, Develop Standards; Model Ordinance; C-TIP DEP Review of County-wide Act 167 Plan package Public hearing County Commissioners Adoption of County-wide Act 167 Plan PADEP Approval of County-wide Act 167 Plan Municipal Adoption of Minimum Ordinance Standards (must be completed within 6 months of PA DEP approval) June 3, 2008 June ongoing December 16, 2008 March 12, 2009 March 25, 2009 May 2009 June 2009 June 18, 2009 July 1, 2009 September 18, 2009 December 23, 2009 January 2010 January 27, 2010 March 11, 2010 April 6, 2010 April 29, 2010 May 28, 2010 June 10, 2010 August 12, 2010 Sept (ongoing) August 17, 2011 Aug Feb March 2012 April 2012 May 2012 June 2012 December 2012 Phase 1 Phase 2

5 June 30, 2010 Phase I Draft Ordinance Standards (including 3 Attachments) No. Ordinance Component (footnotes listed at end of table) Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) PROPOSED MANDATORY Minimum Ordinance Provisions (M1. through M22.) M1. Applicability Thresholds 2 (municipalities may use a smaller sq. ft. threshold). a. All sites with >1,000 sq. ft of proposed impervious area must comply with all requirements and standards of the ordinance. b. All sites with > 5,000 sq. ft. of proposed earth disturbance must comply with all requirements and standards of the ordinance. (municipalities may use a smaller sq. ft. threshold). c. Proposed impervious cover is defined to include new, additional and replacement impervious cover. M2. No Harm Exemption Removed 1 M3. Alternative Approach for Control Measures 1 If the ordinance previously allowed for exemption from the stormwater plan and design standards based on applicant s claim that proposed project would cause no harm to others, or to downstream entities, such exemption must be removed prior to adoption. (See also M3.) If the municipality desires to include provisions allowing waivers, the following language must be included in the ordinance: For any site with proposed regulated earth disturbance equal to or greater than one acre where, after a close evaluation of alternative site designs, it proves to be impracticable to meet the mandatory minimum volume and infiltration control standards of this ordinance onsite, the Municipality may approve measures other than those in this ordinance after consultation with and evaluation by PADEP that the alternate site design meets State water quality requirements and does not conflict with State law including, but not limited to, the Clean Streams Law. For any site with proposed regulated earth disturbance that is less than one acre where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this ordinance onsite, the Municipality may approve measures other than those in this ordinance. The term regulated earth disturbance is defined to mean any activity involving earth disturbance subject to regulation under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law. M4. Primary Volume, Water Quality, and Thermal Control 1,2 a. For New Development Sites, the post-development total runoff volume must not exceed the pre-development total runoff volume for all storms equal to or less than the 2-year 24-hour storm event, where the pre-development runoff is calculated using the New Development Ground Cover Assumptions. (see M7.) b. For Redevelopment Sites, the post-development total runoff volume must be no greater than the pre-development total runoff volume for all storms equal to or less than the 2-year 24-hour storm event, where the pre-development runoff is calculated using Redevelopment Ground Cover Assumptions. (see M7.) M5. Minimum Infiltration Volume 2 Infiltrate a minimum of 1-inch of runoff from all areas disturbed by construction to protect groundwater recharge and stream baseflows. Draft 8/17/11 1

6 No. Ordinance Component (footnotes listed at end of table) M6. Karst / Carbonate Geology Considerations M7. Ground Cover Assumptions for Pre-Development Volume, Water Quality, Infiltration and Peak Rate Calculations 2 Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) For municipalities with carbonate and/or karst geology: Evaluate site conditions, including geology, soils and groundwater conditions, to determine available opportunities for infiltration that will minimize the formation of sinkholes. New Development Ground Cover Assumptions a. For areas of the site that are wooded, pre-development volume and peak rate calculations must assume ground cover of woods in good condition ; definition of wooded (see p. 22 of 2005 CCWRA Model Ordinance) must be included in the ordinance. b. For all other areas of the site (including all impervious areas), pre-development volume and peak rate calculations must assume ground cover of meadow. Redevelopment Ground Cover Assumptions a. For areas of the site that are wooded, pre-development volume and peak rate calculations must assume ground cover of woods in good condition ; definition of wooded (see p. 22 of 2005 CCWRA Model Ordinance) must be included in the ordinance. b. For areas of the site that are not wooded and not impervious surfaces, pre-development volume and peak rate calculations must assume ground cover of meadow. c. For all impervious areas of the site, pre-development volume and peak rate calculations must assume ground cover for at least 20% of impervious surface areas to be meadow. (Municipalities may require use of a larger percentage of impervious area see Recommended Measure R1.) M8. Peak Runoff Rate Large Storms 1,2 M9. Peak Runoff Rate Smaller Storms 1,2 a. Reduce the post-construction peak rates of runoff of the 25-year through 100-year storm events to not exceed the predevelopment peak rate. b. All pre-development peak rates must be calculated using: 1. The New Development Ground Cover Assumption for all new development sites. (see M7.) 2. The Redevelopment Ground Cover Assumption for redevelopment sites. (see M7.) a. Reduce the peak rate of runoff of the 10-year storm event to not exceed the pre-development peak rate of the 2-year storm event. b. Reduce the peak rate of runoff of the 2-year and 5-year storm events to not exceed the pre-development peak rate of the 1- year storm event. c. All pre-development peak rates must be calculated using: 1. The New Development Ground Cover Assumption for all new development sites. (see M7.) 2. The Redevelopment Ground Cover Assumption for redevelopment sites. (see M7.) M10. Stream Channel Erosion Protection 2 Provide > 24 hour attenuation of runoff from the 1-year 24 hour storm event. Draft 8/17/11 2

7 No. Ordinance Component (footnotes listed at end of table) Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) M11. Erosion and Sediment Controls 1 Municipal review of erosion and sediment control plans and minimum municipal standards for erosion and sediment controls Include requirements within stormwater ordinance (or include reference to other ordinance where standards are presented) for: (if desired by the municipality). OR Requirement to obtain approval from and comply with state and conservation district erosion and sediment control requirements. M12. Protection of Downgradient Properties from Adverse Off-site Conveyance 1 M13. Prohibited Discharges and Connections 1 M14. Hot Spots Runoff Controls M15. Municipal Right of Entry The following must be accomplished for any location where a proposed discharge of stormwater from any frequency rainfall event, up to and including the 100-year, 24-hour storm event, may potentially cause harm by flowing onto a down gradient property prior to reaching an existing conveyance system or a natural watercourse, or by reducing flow to wetlands, or similar sensitive habitats: a. The conveyance must be designed to avoid erosion, flooding or other damage to the properties through which it is being conveyed. b. One of the following must be obtained: b1. Written approval from the property owner(s), such as a drainage easement (or other legal agreement/approval), must be obtained for conveyance of discharges onto or through adjacent properties. OR b2. Proof that the applicant has provided written notification to the down gradient property owner(s) that an application has been submitted to the municipality requesting approval for a permit that may discharge, or alter discharge, of stormwater onto their property, and a statement informing the down gradient property owner(s) how they can obtain additional information. a. Requirement prohibiting discharge of non-stormwater discharges into stormwater facilities (see Attachment 1). b. Roof drains and sump pump discharges must be treated by a water quality BMP prior to discharge to storm sewers or surface waters. Roof drains and sump pumps shall not be connected to sanitary sewers. Roof drains and sump pumps shall be discharged to a vegetated area, or shall be first discharged into water quality or infiltration stormwater BMPs (infiltration, vegetative, etc.) to the maximum extent practicable. Alterations of BMPs prohibited unless approved by the municipality. Specific structural or pollution prevention practices may be required at municipal engineer s discretion (e.g., pretreatment prior to infiltration required; certain activities required to prepare stormwater pollution prevention plan per EPA Industrial Stormwater NPDES requirements, etc.). Include for both during construction and post-construction: a. Provision that municipal representatives have the right but not the responsibility to enter any stormwater management facility to inspect and/or repair. b. Provision to allow access to stormwater facilities from public roadway (i.e. by easement or other written permission). Draft 8/17/11 3

8 No. Ordinance Component (footnotes listed at end of table) M16. Municipal Inspections during Construction M17. Long-Term Operation and Maintenance Responsibilities 2 Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) Provision stating municipality has the right, but not the responsibility, to enter and inspect all facilities during construction. Requirements included for: a. Preparation of long-term O&M plan for approval by municipality. b. Designation of a specific entity responsible for implementing the O&M plan. c. Execution and public recordation of O&M agreement between owner/operator and municipality that establishes the financial responsibility for covering the costs of long-term O&M, and establishes the responsibility for long-term inspections. M18. Enforcement and Penalties 2 Items to be included: Provision for enforcement and penalties must be included within the ordinance. a. Enforcement problems and remedies. b. Suspension and revocation. c. Penalties (fines, injunctions, etc). d. Appeals (local, courts). M19. References to PACD 1998 and MD 2000 Manuals Removed 1 M20. As-built Plans and Completion Certificate 1 M21. Calculation Methodology M22. Approval Required Prior to Proceeding 1 All references to previous BMP and stormwater manuals must be removed and replaced with reference to the Pennsylvania Stormwater Best Management Practices Manual (December 2006). For any project over one (1) acre of disturbance, the applicant shall be responsible for submitting to the municipality as-built plans of all stormwater facilities included in the approved SWM Plan, and an explanation of any discrepancies with the approved plans. Present calculation methodologies, instructions such as: prohibiting weighted averaging of runoff coefficients; source of rainfall depths for design storms (e.g., NOAA ATLAS 14 or equivalent); list of allowable methods, models, manuals, etc.; antecedent conditions; rational method up to 5 acres; etc. Include a statement clearly requiring municipal approval prior to proceeding with disturbance, such as: Any of the activities regulated by this [ordinance/chapter], the preliminary or final approval of subdivision and/or land development plans, or the commencement of any regulated earth disturbance activity may not proceed until the Applicant or his/her agent has received written approval of a [stormwater management plan] from the [municipality] and an adequate erosion and sediment control plan review by [municipality] and the Chester County Conservation District (if required). PROPOSED RECOMMENDED Minimum Ordinance Provisions (R1. to R13.) R1. Applicability Thresholds All sites with 500 to 999 square feet of proposed impervious area must capture and infiltrate 1-inch of runoff from the impervious area, and must meet the requirements presented in the Simplified Method for O&M plan documents and recordation (see Attachment 2) Draft 8/17/11 4

9 No. Ordinance Component (footnotes listed at end of table) Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) R2. Ground Cover Assumptions for It is strongly recommended that the following be used in place of the corresponding minimum measure listed above for Redevelopment Ground Cover Assumptions: Pre-Development Volume and c. For all impervious areas of the site, Peak Rate Calculations 1. Pre-development volume calculations must assume ground cover for at least 50% of impervious surface areas to be meadow. (Municipalities may require use of a larger percentage of impervious area) 2. Pre-development peak rate calculations must assume ground cover for at least 20% of impervious surface areas to be meadow. (Municipalities may require use of a larger percentage of impervious area.) R3. Listed Exemptions Exemptions list as presented in Attachment 3. R4. Long-Term Inspection Responsibilities R5. Required Contents of Stormwater Management (SWM) Design Plans R6. Thermal Impacts Control R7. Waterways and Wetlands Non-Disturbance Zone R8. Design Standards for Stormwater Practices R9. Fees Plan Review and Construction Inspection R10. Fees Long-term Inspections / Operations & Maintenance Requirements included for: a. Inspection of each stormwater facility/bmp over the life span of the feature. b. Designation of a specific entity responsible for the inspections (municipality or owner or other). c. Frequency and occurrence of the inspections. d. Documentation and/or reporting of inspection results. e. Timeframe for remedy of deficiencies found during inspection(s). f. Performance guarantee. Include list of required content, and components to be presented in the stormwater management (SWM) design plans and/or specific submittal requirements (i.e., site conditions, grading plan, flow pathways, computations, E&S plan, pollution control BMPs, detailed mapping, schedule, sequencing, proof of required permits, engineer block, etc.). Require an applicant to fulfill the requirements of the Thermal Impact Analysis for the PAG-02 Stormwater Discharges Associated with Construction Activities, NOI for Coverage under General or Individual Permit if they cannot meet the volume control requirements. Prohibit disturbance of existing ground cover within 50 feet of top-of-bank of all waterways and edge of wetlands, except where otherwise permitted by state or local agencies. At the municipal engineer s discretion, the non-disturbance buffer may be reduced because of setback or other site constraints, but never to be less than 10 feet Include design standards for key BMPs such as infiltration facilities, open vegetated channels, detention/retention basins, conveyance systems, stormwater facility landscaping; reference PA BMP Manual, etc. Schedule of fees (or reference to where the schedule of fees can be found if in another ordinance) for municipality review of proposed plans and construction inspections, administrative costs, etc. Schedule of fees for municipal costs associated with long-term inspections and/or maintenance/repair of completed stormwater management facilities. R11. Forested Riparian Buffers Include in this ordinance or other ordinance, standards for the protection or creation of forested riparian buffers along all waterways during new development and redevelopment activities. R12. Additional Floodplain Management Maintain flood carrying capacity; do not increase base flood elevations; reference floodplain standards. Draft 8/17/11 5

10 No. Ordinance Component (footnotes listed at end of table) R13. As-built Plans and Completion Certificate Phase I Draft Ordinance Standards (shaded text indicates items still to be resolved with WPAC) The as-built submission shall include a certification of completion signed and sealed by a qualified professional licensed in PA verifying that all permanent stormwater facilities have been constructed according to the approved plans and specifications. If any licensed qualified professionals contributed to the SWM Plans, then a similar licensed qualified professional must also sign the completion certificate. MD1. Earth Disturbance Activity PROPOSED MANDATORY DEFINITIONS (MD1. to MD3.) A construction or other human activity which disturbs the surface of land including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance activities, land development, building construction, and the moving, deposition, stockpiling, or storing of soil, rock, or earth materials. MD2. Regulated Activity Any Earth Disturbance Activity or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff. MD3. Regulated Earth Disturbance Activity Any activity involving Earth Disturbance subject to regulation under 25 Pa. Code Chapter 92, Chapter 102, or the Clean Streams Law. PROPOSED RECOMMENDED DEFINITIONS (RD1. to RD5.) RD1. Impervious Surface A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to buildings, structures, and paved areas such as driveways, sidewalks, parking lots, patios, decks, swimming pools, tennis courts, etc. For the purposes of determining compliance with [this ordinance], stone surfaces routinely used for vehicle parking and movement shall be considered impervious. RD2. New Development Any new construction or Regulated Activity on previously undeveloped land, and/or any Regulated Activity that is not considered a Redevelopment Activity as defined in this Ordinance. Certain types of New Development Activities may be exempt from certain portions of this Ordinance as described in Section. RD3. Redevelopment Any Regulated Activity that involves demolition, removal, reconstruction, or replacement of existing impervious surface(s). Certain types of Redevelopment Activities may be exempt from certain portions of this Ordinance as described in Section. RD4. Undeveloped Land An area of land or portion of a property with no existing impervious surfaces. RD5. Others All other terms and definitions contained in the Post Construction Stormwater Management Model Ordinance (CCWRA, 2005) are recommended for consideration for municipal stormwater ordinances. (pp ) Footnotes: 1 Required by PADEP to be included as mandatory, and for which PADEP established the minimum quantitative standard. 2 Required by PADEP to be included as mandatory, and for which PADEP allows the WPAC to establish the minimum quantitative standard. Draft 8/17/11 6

11 June 30, 2010 Phase I Draft Standards Attachment 1: (Refer to M13. Prohibited Discharges and Connections) PROHIBITED DISCHARGES ARTICLE - PROHIBITIONS Note: The following language is taken from DEP s NPDES program and model NPDES ordinance. This language or similar can be incorporated within the municipality s stormwater ordinance; however, it is recommended that this or similar language be incorporated into a separate stand-alone ordinance as it regulates activities other than those associated with just new land development or redevelopment activities. Section. Prohibited Discharges A. No person in the Municipality shall allow, or cause to allow, stormwater discharges into the Municipality s separate storm sewer system which are not composed entirely of stormwater, except (1) as provided in subsection B below, and (2) discharges allowed under a state or federal permit. B. Discharges that may be allowed based on a finding by the Municipality that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are: 1. Discharges from fire fighting 8. Uncontaminated water from activities foundation or from footing drains 2. Potable water sources including 9. Flows from riparian habitats and dechlorinated water line and fire wetlands hydrant flushings 10. Lawn watering 3. Irrigation drainage 11. Pavement washwaters where spills or 4. Routine external building washdown (which does not use detergents or other compounds) 5. Air conditioning condensate 6. Water from individual residential car washing 7. Spring water from crawl space pumps leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used 12. Uncontaminated groundwater C. In the event that the Municipality determines that any of the discharges identified in [Section.B] significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the [Municipality] will notify the responsible person to cease the discharge. Draft 8/17/11 1

12 D. Upon notice provided by the Municipality under [Section.C], the discharger will have a reasonable time, as determined by the Municipality, to cease the discharge consistent with the degree of pollution caused by the discharge. E. Nothing in this section shall affect a discharger s responsibilities under state law. Section. Prohibited Connections A. The following connections are prohibited, except as provided in [Section.B] above: 1. Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the separate storm sewer system and any connections to the storm drain system from indoor drains and sinks; and 2. Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by the Municipality. Section. Roof Drains A. Roof drains shall not be connected to streets, sanitary or storm sewers, or roadside ditches in order to promote overland flow and infiltration/percolation of stormwater where advantageous to do so. B. When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted on a case by case basis as determined by the Municipality. C. Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable. Section. Alteration of BMPs A. No person shall modify, remove, fill, landscape, or alter any existing stormwater control or BMP unless it is part of an approved maintenance program without the written approval of the Municipality. B. No person shall place any structure, fill, landscaping, or vegetation into a stormwater control or BMP or within a drainage easement which would limit or alter the functioning of the stormwater control or BMP without the written approval of the Municipality. Draft 8/17/11 2

13 June 30, 2010 Phase I Draft Standards Attachment 2: (Refer to R1. Applicability Thresholds) EXCERPT of SIMPLIFIED APPROACH TO STORMWATER MANAGEMENT FOR SMALL PROJECTS Applicability: Stormwater management procedures for projects with between five hundred (500) square feet and nine-hundred and ninety nine (999) square feet of proposed impervious area. INTRODUCTION STORMWATER MANAGEMENT PROCEDURES FOR MEETING THE SIMPLIFIED APPROACH REQUIREMENTS This handbook has been developed to allow [homeowners or applicants for small projects] to comply with stormwater management criteria for new projects to meet the requirements of the Act 167 Stormwater Management Ordinance of the Municipality including sizing, designing, locating and installing on-lot measures, referred to herein as Best Management Practices (BMPs). Pennsylvania Act 167 was authorized on October 4, 1978 (32 P.S., P.L. 864) and gave Pennsylvania Municipalities the power to regulate activities that affect stormwater runoff and surface and groundwater quantity and quality. Projects which result in between 500 square feet and 999 square feet of proposed impervious area (including the building footprint, driveway, sidewalks, and parking areas), and which have less than 5,000 square feet of earth disturbance are not required to submit formal Stormwater Management Site plan to the Municipality or County. However, these projects are still required to address water quality and infiltration goals as outlined in this Simplified Approach document. If the guidelines presented in this brochure are followed, the applicant will not require professional services to comply with these water quality and infiltration goals. This handbook is organized into five sections: Section 1 describes requirements and a simplified method for designing a suitable BMP, and a description of what needs to be included on the simplified stormwater management (SWM) site plan (i.e. sketch plan). Section 2 presents definitions of key terms. Section 3 presents options of BMPs that can be considered for on-lot stormwater management. Section 4 illustrates an example of how to obtain the size and dimensions of a BMP(s) for a sample project. Section 5 describes the requirements to be met for the modified Operation, Maintenance, and Inspection Plan/Agreement. Draft 8/17/11 1

14 The Simplified Approach requires: The applicant to submit a simplified stormwater management (SWM) site plan (i.e. sketch plan). The first 1-inch of rainfall runoff from new impervious surfaces must be captured and infiltrated on the applicants property. The applicant to sign and submit an Operation, Maintenance and Inspection Agreement which must be recorded at the County s Recorder of Deeds after signature by the Municipality. The purpose of this is to help reduce stormwater runoff in the community, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources and public safety. What needs to be submitted to the Municipality? Simplified Method worksheet (Table 4) Simplified SWM site plan (i.e. sketch plan), containing the features described in Section 1, Step 1 Operation, Maintenance and Inspection Agreement (Section 5) must be signed, notarized and recorded at the County Recorder of Deeds. If the applicant is using a contractor to construct the project, the worksheet and sketch plan should be shared with the contractor to ensure the BMP(s) are properly installed. NOTE: This ATTACHMENT 2 is only a two page excerpt of the draft proposed Simplified Method. The entire document, SIMPLIFIED APPROACH TO STORMWATER MANAGEMENT FOR SMALL PROJECTS can be found online and downloaded. Go to the Chester County Water Resources Authority website: Click on the Act 167 Plans link, then click on the County-wide Act 167 Plan link. Draft 8/17/11 2

15 June 30, 2010 Phase I Draft Standards Attachment 3: (Refer to R3. Listed Exemptions) EXEMPTIONS The following are possible exemptions that the municipality may want to consider including in their ordinance. These exemptions are recommended and not mandatory. They are provided as a reference for municipalities. With the approval of the [municipal governing body], the following activities may be exempted from on-site stormwater runoff control. All exemption requests must be filed with the municipality. An exemption shall not relieve the Applicant from the requirements of this or other municipal ordinances or from implementing such measures as are necessary to protect public health, safety, and property. An exemption shall not relieve the Applicant from complying with any other current or future state or municipality requirements or regulations. The municipality may determine that one or more of the exemptions listed below do not apply if a drainage problem is documented or known to exist downstream of, or is expected from the proposed activity. Exemptions for Specific Activities: The following activities are exempt from on-site stormwater facilities and the preparation and submission of the stormwater management site plan requirements. All other stormwater management design elements, such as storm sewer system, road culverts, erosion and sedimentation control, and runoff quality, shall be required. All exemption requests must be filed with the municipality. Emergency Emergency maintenance work performed for the protection of public health, safety and welfare. This exemption is limited to repair of the existing facility; upgrades, additions or other improvements are not permitted under this exemption. A written description of the scope and extent of any emergency work performed shall be submitted to the [municipality] within two (2) calendar days of the commencement of the activity. A detailed plan shall be submitted no later than 30 days following commencement of the activity. If the [municipality] finds that the work is not an emergency, then the work shall cease immediately and the requirements of this ordinance shall be addressed as applicable. Draft 8/17/11 1

16 Maintenance Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the municipal engineer or [municipality]. Landscaping for Existing Residential Properties Use of land for maintenance, replacement or enhancement of existing residential landscaping by residential property owner. Gardening Use of land for gardening for home consumption. Agricultural Activities Agriculture activities, limited to growing crops, rotating crops, tilling of soil and grazing animals, when operated in accordance with a conservation plan, nutrient management plan or erosion and sedimentation control plan approved by the Chester County Conservation District. For agriculture with an approved conservation plan, installation or expansion of existing farmsteads, animal housing, waste storage, and production areas having impervious surfaces that result in a net increase in impervious surface between 500 and 999 square feet shall apply the Simplified SWM Site Plan approach, and net increases in impervious surface of greater than or equal to 1,000 square feet shall be subject to the provisions of these Standards. Forest Management Forest management operations, which are consistent with a sound forest management plan as filed with the [municipal] zoning officer and which follow the Pennsylvania Department of Environmental Protection s management practices contained in its publication Soil Erosion and Sedimentation Control Guidelines for Forestry. Such operations are required to have an erosion and sedimentation control plan, which meet the requirements of 25 Pa. Code Chapter 102 or meets the erosion and sediment control standards of this ordinance. Road Maintenance Road replacement must meet the Erosion and Sediment Control (E&S) standard and is exempt from all other standards. Road resurfacing is exempt from these standards. Construction of new, additional impervious surface is regulated by these standards. In Kind Replacement of Residential Impervious Surfaces The replacement of existing residential impervious surfaces in the exact footprint of the existing impervious surface. In Kind Repair, Maintenance of Patios, Decks and Sidewalks The replacement of existing residential patios, decks and/or sidewalks in the exact footprint of the existing impervious surface. Interior or Exterior Cosmetic Improvements to Existing Dwellings and Other Residential Accessory Structures Improvements and home maintenance (such as replacing roofs, siding, etc) to existing dwellings and other residential accessory structures (such as garages, sheds, etc.) Draft 8/17/11 2

17 County-wide Act 167 Plan Timeline --- TENTATIVE As part of the development of Chester County s Watersheds and its companion documents, much of the work typically incorporated into Phase I and Phase II of the PA Act 167 Plan process have already been completed. Outstanding tasks to be completed include additional municipal updates, input and outreach; public notice and a public hearing process; updates to the standards for stormwater management; a revised model ordinance; and the Christina Basin TMDL Implementation Plan. Phase II WPAC Meeting #1 Phase II kick-off - Timeline; Re-introduce Phase I Draft Standards; and future steps. Phase II WPAC Meeting #2 Provide municipalities with Phase II Draft Standards and Draft Model Ordinance for review/comment. AUG 17, 2011 OCT 17, 2011 Municipal Feedback Due. NOV 14, 2011* Phase II WPAC Meeting #3 Present revised Phase II Draft Standards and revised Draft Model Ordinance. Introduce entire Draft County-wide 167 Plan package. DEC 1, 2011* Submit Draft County-wide 167 Plan package to DEP and municipalities for review. NOV 29, 2011 DEP/WPAC comments due. JAN 4, 2012* Final Draft County-wide 167 Plan package published on Web for WPAC to review. JAN 31, 2012* Phase II WPAC Meeting #4 Concurrence on Final Draft County-wide 167 Plan package. FEB 22, 2012* Submit Final Draft package to DEP for technical review. MAR 1, 2012* DEP comments received. MAR 21, 2012* 14 Day Notice/Public Comment Period begins. APR 11, 2012* Public Hearing. APR 25, 2012* Chester County Board of Commissioners Adopt Plan package. MAY 17, 2012* DEP Final Approval. JUNE 15, 2012* Municipal Implementation Workshop. JUNE 27, 2012* Municipalities Adopt Standards/Ordinance. DEC 14, 2012* NPDES MS4 NOI / APPLICATION DUE DATE: Current Deadline If 6 month extension occurs If 9 month extension occurs If 12 month extension occurs * Tentative Dates DEC 9, 2011 JUNE 9, 2012 SEPT 9, 2012 DEC 9, 2012 August 17, 2011