1. All regulated activities, as defined in Part 2, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.

2. Any submission that does not require a stormwater management plan at the time of subdivision or land development will still be required to address stormwater management at the time the individual lots are developed or construction commences, unless said subdivision proposes infrastructure features, such as a cul-de-sac street, for which stormwater management controls are ordinarily required.

3. Development of the individual lots is subject to stormwater management as defined within this chapter.

1. For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 17-302:

A. Preparation and implementation of an approved SWM site plan is required.
B. No regulated activities shall commence until the Borough issues written approval of an SWM site plan which demonstrates compliance with the requirements of this chapter.

2. All SWM site plans for regulated activities shall include such measures as necessary to:

A. Protect health, safety, and property.
B. Meet the water quality goals of this chapter, as set forth in § 17-103 hereof, by including measures that:

(1) Minimize disturbance to floodplains, wetlands, wooded areas, and existing vegetation.
(2) Maintain or extend riparian buffers.
(3) Avoid erosive flow conditions in natural flow pathways.
(4) Minimize thermal impacts to waters of the commonwealth.
(5) Disconnect impervious surfaces by directing runoff to pervious areas.
(6) Minimize soil disturbance and compaction.

C. Incorporate the techniques for low-impact development practices described in the Pennsylvania Stormwater best management practices Manual (BMP Manual).

3. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without the written notification and written permission of the adjacent property owner(s) by the developer. Copies of all such notifications, permissions, licenses or easements shall be included in the SWM site plan submission.

4. For all regulated activities where erosion and sediment control is required in accordance with Title 25 of the Pennsylvania Code and the Clean Streams Law, the SWM site plan shall include the required erosion and sedimentation control measures. Necessary E&S BMPs shall be designed in accordance with the Erosion and Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-008 (March 2012), as amended and updated. Approval of the SWM site plan by the Borough shall be conditioned on the applicant obtaining erosion and sedimentation control approval from the appropriate agency(ies), when applicable.

5. For all regulated activities where NPDES permitting is required in accordance with the Clean Water Act (33 U.S.C. § 1251 et seq. [1972], as amended), the SWM site plan shall include the information required in the applicant's NPDES permit application. Approval of the SWM site plan by the Borough shall be conditioned on the applicant obtaining NPDES permit approval from the appropriate agency(ies), when applicable.

6. For all regulated activities, implementation of the volume controls in § 17-303 and the peak rate controls of § 17-304 is required unless exempt pursuant to § 17-302 hereof.

7. Special Management Areas. SWM site plans involving regulated activities within special management areas shall be prepared in a manner consistent with the guidance provided in Chapter 7 of the BMP Manual. The SWM site plan submission shall include design details for stormwater BMPs within said special management area.

8. An SWM site plan may propose that stormwater related to the proposed regulated activities be accommodated by existing stormwater management facilities on adjoining or nearby properties, provided that the SWM site plan documents the following:

A. The use of the stormwater BMPs located on said adjoining or nearby property is approved in writing by the owner of the property.
B. The stormwater BMPs located on said adjoining or nearby property are designed in a manner that can accommodate the stormwater management needs of the regulated activity in a manner consistent with all requirements of this chapter. The SWM site plan shall include all documentation necessary for the Borough to confirm such compliance.

9. SWM site plans, once approved by the Borough, shall remain on site throughout the duration of the regulated activity and be available for review as may be necessary by representatives of the Borough.

10. The design of all stormwater BMPs over karst geology shall include an evaluation of measures necessary to minimize adverse effects, including hydrogeologic studies if required by the Borough.

11. The Borough may, after consultation with and approval by DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law, including, but not limited to, the Clean Streams Law. The Borough shall maintain a record of consultations with DEP pursuant to this provision. Notwithstanding the foregoing, the Borough is not required to consult DEP for a waiver of the requirements set forth in §§ 17-306, 17-307, 17-308 and 17-309 herein.

12. All natural streams, channels, swales, drainage systems and/or areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the Borough. All encroachment activities shall comply with the requirements of 25 Pa. Code Chapter 105 (Water Obstructions and Encroachments), of the rules and regulations promulgated by DEP. Any approvals or permits issued do not relieve compliance as referenced in § 17-108, Compatibility With Other Requirements.

13. The technical standards provided within this chapter are considered the baseline for design and layout of an SWM plan. Use of other alternative and innovate designs for controlling stormwater runoff may be permitted when approved by the Borough Engineer.

14. All existing stormwater management facilities and agreements shall continue to be maintained with the intended functionality as designed and approved.

15. All work shall be in accordance with the Borough's Construction and Material Specifications as approved and adopted from time to time by the Borough Council.