[From the U.S. Government Printing Office, www.gpo.gov]




                                 Lake Erie Area Watershed
                     Act 167 Stormwater Management Plan
                             Volume 2: Executive Summary


                                                    June 1996


                                               Prepared for the:

                              Erie County Department of Planning

                                                  Prepared by:

                                             Chester Engineers


                            This project was funded jointly by the Pennsylvania Department of

                                     Environmental Protection and County of Erie.



                                                CHESTER
                                                ENGINE             ERS





                                                                                                                              ...........
                                                  
                                                                   
                                                      
                                                           
                                                  


                                                  Lake Erie Area Watershed
                                                 Act 167 Stormwater Management Plan
                                                 Volume 2: Executive Summary


                                                 June 1996



                                                 Prepared for the:

                                                 Erie County Department of Planning



                                                 Prepared by: John M. Maslanik, P.E.

                                                 Approved by: Bruce A. Fletcher, P.E.

                                                 Project No.: 4026-02







                                                                        CHESTER
                                                                        ENGINEERS


                                                                         600 Clubhouse Drive  Pittsburgh,        PA 15108
                                                                         412-269-5700      Fax 412-269-5749


                                                              

















                                                            Erie County Council Members

                                                                  Tracy Seyfert, Ph.D.
                                                                       Joy Greco
                                                                      Joseph Giles
                                                                    Gary Bukowski
                                                                      Fiore Leone
                                                                     Robert Okicki
                                                                   David E. Mitchell



                                                                Erie County Executive

                                                                    Judith M. Lynch





                                                   Watershed Plan Advisory Committee Members

                      The following persons served on the Lake Erie Area Watershed Stormwater Management Plan Watershed
                      Plan Advisory Committee. Their participation in the development of the plan is appreciated.



                                                          George Bement          Joseph Legnasky
                                                          Richard Brine          Thomas Loftus
                                                          Nancy Brown            Charles Maynard
                                                          Mark Corey             George McKinley
                                                          Dennis Culver          Michael McManus
                                                          William Dunagan        Richard Morris
                                                          Eugene Evans           Ronald Simons
                                                          LeRoy Gross            Lewis Steckler
                                                          Paul Harnme            Robert Stoddard
                                                          Clarence Hess          Maynard Struchen
                                                          Richard Hessinger      Paul Vogel
                                                          Laurin Hill            Robert Weir
                                                          Earl Koon              William Westerburg











                                                           LAKE ERIE AREA WATERSHED
                                                      STORMWATER MANAGEMENT PLAN
                                                                   EXECUTIVE SUMMARY



                                                                        TABLE OF CONTENTS





                          INTRODUCTION                  ...........................................................................................................I

                          RECOMMENDATIONS                        .................................................................................................2


                                   Technical          .............................................................................................................2

                                   Management           ............................................................................................................2

                          CONTENTS OF THE PLAN                         ...........................................................................................3

                          EXISTING RUNOFF CHARACTERISTICS                                     ..................................................................4

                                   General Information            ................................................................................................4

                                   Subbasin Physical Characteristics                  ...........................................................................7

                                   Subbasin Hydrologic Characteristics                    ......................................................................8

                                   Strearn Reach Hydrologic Characteristics                     ...............................................................9

                                   Rainfall Characteristics            ...........................................................................................9

                          SURVEY OF SIGNIFICANT OBSTRUCTIONS                                        ......................................................... 10


                          ASSESSMENT OF POTENTIAL LAND DEVELOPMENT PATTERNS                                                             .................. 10


                          DEVELOPMENT IN FLOOD HAZARD AREAS                                          ........................................................ 11


                          SURVEY OF DRAINAGE PROBLEMS                                   ...................................................................... 12

                          ASSESSMENT OF ALTERNATIVE RUNOFF CONTROL TECHNIQUES                                                               ............. 13

                          IDENTIFICATION OF EXISTING AND PROPOSED FLOOD CONTROL
                          PROJE-CTS                   ............................................................................................................ 13


                          DESIGNATION OF AREAS TO BE SERVED BY STORMWATER COLLECTION
                          AND CONTROL FACILITIES IN THE FUTURE                                        ....................................................... 14


                          IDENTIFICATION OF FLOOD PLAINS WITHIN THE WATERSHED                                                          ................... 14

                          CRITERIA AND STANDARDS FOR STORMWATER RUNOFF CONTROL                                                                  ......... 14
                                                                                          i-1                                                 CHESTER
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                          4026-02









                                                             LAKE ERIE AREA WATERSHED
                                                       STORMWATER MANAGEMENT PLAN
                                                                     EXECUTIVE SUMMARY



                                                             TABLE OF CONTENTS (CONTINUED)


                                     Activities Covered          ................................................................................................. 14

                                     Specific Technical Standards                ................................................................................ 15

                                             Release Rate Percentage               .............................................................................. 15

                                             Control Storms          ............................................................................................. 17

                                             Permissible Runoff Computation Techniques                           ............................................. 17

                                             Stormwater Detention Facilities                 .................................................................. 18

                           PRIORITIES FOR PLAN IMPLEMENTATION                                        .......................................................... 18

                                     DEP Approval of the Plan               ..................................................................................... 19

                                     Municipal Adoption of Ordinance Provisions to Implement the Plan                                    .................. 20

                           DEVELOPMENT OF A SYSTEMATIC APPROACH FOR CORRECTION OF
                           EXISTING STORM DRAINAGE PROBLEMS                                         ........................................................... 21

                           PROVISION FOR REVIEWING, REVISING AND UPDATING THE PLAN                                                             ........... 23

                           MODEL STORMWATER MANAGEMENT ORDINANCE                                                     ....................... Appendix A


















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                                                 LAKE ERIE AREA WATERSHED
                                            STORMWATER MANAGEMENT PLAN
                                                        EXECUTIVE SUMMARY



                                                                LIST OF TABLES



                     Municipalities in the Lake Erie Area Watershed               ..............................................................6

                     Named Streams         .................................................................................................................6

                     Distribution of Land Use in Flood Prone Areas               ............................................................. I I

                     Assigned Release Rate Percentages            ................................................................................ 16

                     Recommended Ordinance Adoption Methods                    ................................................................ 21



                                                     LIST OF FIGURES AND PLATES



                     General Watershed Map           ....................................................................................................5

                     Release Rate Percentage Map          ....................................................... In enclosed map pocket






















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                                        LAKE ERIE AREA WATERSHED
                                    STORMWATER MANAGEMENT PLAN


                                             EXECUTIVE SUMMARY




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                 The stormwater management plan for the Lake Erie Area Watershed has been prepared
                 by Erie County in order to meet the requirements of the Pennsylvania Storm Water
                 Management Act (Act of October 4, 197 8, P.L. 864 No. 167).



                 This law, commonly referred to as Act 167, requires that Pennsylvania counties prepare
                 and adopt stormwater management plans for each watershed within its boundaries. It also
                 requires that, within six months after a watershed plan has been adopted by a county and
                 approved by the Pennsylvania Department of Environmental Protection (DEP),
                 municipalities within the watershed must amend or enact ordinances to regulate
                 development and other land alterations in accordance with the standards included in the
                 adopted plan.



                 Each watershed plan must contain provisions to insure that development or activities in
                 each municipality in the watershed do not adversely affect health, safety and property in
                 other municipalities within the watershed and in basins to which the watershed is
                 tributary.



                 In addition, every entity or individual who alters or develops land in a manner which
                 affects stormwater runoff must implement stormwater control measures consistent with
                 the adopted watershed plan.



                 The plan provides a foundation for future cooperative action which may lead to more
                 effective and economical ways to manage stormwater flows.










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                   Technical

                   In the absence   of watershed wide planning for the regulation of stormwater flows,
                   municipalities and developers have generally assumed that downstream harm could be
                   avoided if stormwater runoff from a development site was not permitted to exceed the
                   peak flows that left the area prior to development. A major finding of the engineering
                   analyses upon which this stormwater management plan is based is that, in areas where
                   significant new development will take place, the avoidance of downstream harm cannot
                   always be assured by simply restricting discharges from new land development to the
                   predevelopment rates. In fact, the use of stormwater detention facilities to reduce peak
                   discharges can actually result in increases to downstream discharges. Such facilities limit
                   peak discharges by extending the duration of time over which the stormwater leaves the
                   site. This attenuation of maximum discharge rates may create conditions under which
                   peak discharges from one or more tributary areas may occur simultaneously, thereby
                   increasing total in-stream peak discharges.



                   In order to avoid such situations, this plan presents a standard for the control of
                   stormwater runoff which is considers the interaction of runoff contributions from
                   subareas or subbasins throughout the watershed and which considers the magnitude,
                   duration and rate of stormwater flow together with the times at which peak rates of
                   discharge arrive at various downstream locations. This standard, termed the "release rate
                   percentage" combined with specified criteria define appropriate design storm
                   characteristics required for computational purposes, are the primary technical plan
                   elements which serve as the basis of this stormwater management plan and recommended
                   municipal stonnwater control ordinance and regulation provisions.



                   Management

                   The planning mandate of Act 167 can be achieved through the enactment and
                   enforcement of municipal ordinances and regulations which incorporate the criteria and
                   standards presented in the plan. The implementation of the regulations will require
                   continuing involvement by all of the municipalities in the watershed and Erie County.



                   The plan describes the roles of local municipalities and the County in ongoing stormwater
                   management activities. As is required by Act 167, the municipalities are given the
                   responsibility for adopting and enforcing relevant stormwater control requirements. The
                   County has been delegated the responsibility for updating the plan as specifically required
                   by Act 167.

                   Lake Erie Area SWMP
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                  CONTENT&OF
                                                                    . .. ........
                                         .. .... ....

                  The Stormwater    Management Plan for     the  Lake Erie Area Watershed includes this
                  document and a report titled Lake Erie Area Watershed Act 167 Stormwater Management
                  Plan (main plan document), including appendices and additional unpublished supporting
                  docurnentation.



                  Section 5 of Act 167 specifies that a watershed plan shall include the thirteen elements
                  listed below.



                      I .    A survey of existing runoff characteristics in small as well as large storms,
                             including the impact of soils, slopes, vegetation and existing development.



                      2.     A survey of existing significant obstructions and their capacities.



                      3.     An assessment of projected and alternative land development patterns in the
                             watershed and the potential impact on runoff quantity, velocity and quality.



                      4.     An analysis of present development in flood hazard areas and its sensitivity to
                             damage from future flooding or increased runoff.



                      5.     A survey of existing drainage problems and proposed solutions.



                      6.     A review of existing and proposed stormwater collection systems and their
                             impacts.



                      7.     An assessment of alternative runoff control techniques and their efficiency in
                             the particular watershed.



                      8.     An identification of existing and proposed State, Federal and local flood
                             control projects located in the watershed and their design capacities.





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                       9.     A designation and description of those areas to be served by stormwater
                              collection and control facilities within a ten-year period.



                       10.    An identification of flood plains within the watershed.



                       11.    Criteria and standards for the control of stormwater runoff from development
                              activities which are necessary to minimize dangers to property and life and
                              carry out the purposes of Act 167.



                       12.    Priorities for implementation of action within the plan.



                       13.    Provisions for periodically reviewing, revising and updating the plan.



                   Each of these topics is addressed in the main plan document. Summaries of the findings
                   and recommendations relative to these topics are provided in this Executive Summary in
                   the order listed above.





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                   General Information



                   The portion of the Lake Erie Area Watershed included in this project is located primarily
                   within Erie County. Portions of the watershed lie in the State of Ohio to the west and the
                   State of New York to the east. The designated watershed includes the areas within Erie
                   County which drain to Lake Erie with the exception of the areas drained by Conneaut
                   Creek and the Ashtabula River. These areas are contained in other designated watersheds
                   and were not included in this plan. A general watershed map is provided in Figure I of
                   this document and Plate 11M in the main plan document. A listing of affected
                   municipalities is provided in Table I of this document and Table III-1 in the main plan
                   document.










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                                                           Table 1
                                     Municipalities in the Lake Erie Area Watershed


                                 Conneaut Township                   McKean Borough
                                 Elk Creek Township                  McKean Township
                                 Erie City                           Millcreek Township
                                 Fairview Borough                    North East Borough
                                 Fairview Township                   North East Township
                                 Franklin Township                   Platea Borough
                                 Girard Borough                      Springfield Township
                                 Girard Township                     Summit Township
                                 Greene Township                     Venango Township
                                 Greenfield Township                 Washington Township
                                 Harborcreek Township                Waterford Township
                                 Lake City Borough                   Wesleyville Borough
                                 Lawrence Park Township


                  The watershed, which spans approximately 44 miles in an east-west direction and extends
                  between 2.5 and 12.7 miles north to south, encompasses approximately 98 square miles.
                  The major tributaries in this watershed are listed in Table 2.



                                                           Table 2
                                                      Named Streams



                                     Cascade Creek                Mill Creek
                                     Crooked Creek                Raccoon Creek
                                     Eightmile Creek              Sevenmile Creek
                                         Scott Run                   Elliots Run
                                     Elk Creek                    Sixmile Creek
                                         Brandy Run               Sixteenmile Creek
                                         Falk Run                    Baker Creek
                                         Goodman Run              Trout Run
                                         Halls Run                Turkey Creek
                                         Lamson Run               Twelvemile Creek
                                         Little Elk Creek         Twentymile Creek
                                         Porter Run               Walnut Creek
                                     Fourmile Creek                  Bear Run
                                     Garrison Run                    Beaver Run
                                     Marshall Run                 Wilkins Run
                                     McDaniel Run





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                 An extensive general description of the Lake Erie Area Watershed is presented in Section
                 III of the main plan document.



                 Existing and potential future runoff characteristics were described using the Penn State
                 Runoff Model (PSRM). PSRM is a computer model which was developed at the
                 Pennsylvania State University in the mid-1970's. PSRM has gained broad acceptance as
                 a stormwater runoff modeling tool, particularly with respect to Act 167 stormwater
                 management planning. The model generates runoff flow information for selected points
                 within a drainage system as the sum of flows contributed from tributary subareas. This is
                 accomplished by estimating runoff generated in each defined subarea based upon the
                 physical characteristics of the area and defined rainfall characteristics and then routing
                 that runoff through the drainage system in accordance with the hydraulics of the channels
                 and conduits comprising the system. A detailed discussion of the development and use of
                 the PSRM is provided in Section IV of the main plan document.



                 The general input requirements of PSRM include the following parameters:



                     I . watershed representation data

                         A.      tributary area (subbasin) physical features

                         B.      tributary area (subbasin) hydrologic features

                         C.      drainage (reach) system features

                     2.  rainfall inputs

                         'A.     rainfall volumes

                         B.      rainfall distribution




                     Subbasin Physical Characteristics

                     The first step in developing the PSRM input database was the delineation of
                     subbasins. Each of 27 individual subwatersheds designated for modeling was
                     further divided into subbasins. In this manner, a total of 1,498 subbasins were
                     delineated. Subbasin boundaries were defined so as to as closely as practical
                     produce hydrologically homogeneous areas as well as to adequately model
                     hydrologically significant features. The size of the subbasins average 133 acres.
                     Delineated subbasins are illustrated in Plate IV- I of the main plan document.



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                       The boundaries of the delineated subbasins were digitized and overlaid over
                       elevation information obtained from digital elevation models obtained from the
                       United States Geological Survey (U.S.G.S.). These data were analyzed using
                       ARC/INFOtm image analysis and geographic information system (GIS) software
                       to determine subbasin areas, land slopes, overland flow lengths and centroids.



                       Subbasin Hydrologic Characteristics

                       The principal subbasin characteristics of interest included the composite Soil
                       Conservation Service (SCS) runoff curve number and percentage of impervious
                       area for each subbasin. Percent of impervious area is defined as the percentage of
                       the total subbasin area covered by surfaces which are essentially impermeable to
                       water. The runoff curve number is an indication of the amount of surface runoff
                       which may be expected to be produced as a result of a rainfall event. This runoff
                       potential is influenced by land cover and soil conditions. The determination of
                       impervious percentages and curve numbers required the classification of land
                       cover and soil types.



                       Land cover / land use classifications were determined throughout the Lake Erie
                       Area Watershed using remote sensing and digital image analysis techniques.
                       Landsat thematic mapper multispectral digital data was used to provide the
                       necessary land use and land cover information.



                       Impervious area statistics for each subbasin were estimated based upon the land
                       cover and land use using the relationships of impervious area components of
                       various land use/land cover classes developed and published by the U.S. Soil
                       Conservation Service (SCS).



                       The spatial distribution of soils (aggregated by SCS hydrologic soil groups) was
                       defined through the use of SCS soils maps and reports. The various soil types
                       were digitized into the geographic system database. The various soil types were
                       aggregated by appropriate hydrologic soil groups based upon SCS procedures.



                       GIS processing was used to digitally combine the land use and hydrologic soil
                       group themes to yield a set of associations between surface type and soils units.
                       These associations were referenced to the SCS information to attach the

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                     appropriate runoff curve numbers. Further processing within the GIS calculated
                     composite runoff curve numbers for each of the subbasins within the watershed.



                     Alt of the subbasin information necessary for PSRM modeling was represented in
                     the GIS system as digitized themes. Once these data were resident in the GIS, the
                     necessary analyses were performed to develop the required PSRM input data set.
                     This data set is common to all subwatersheds and subbasins in the watershed and
                     keyed to assigned subbasin identification numbers.



                     Stream Reach Hydrologic Characteristics

                     Important data requirements of the PSRM are estimates of times of travel in each
                     of the modeled stream reaches and the bankfull capacity of each reach.



                     Travel time is calculated as the length of the reach divided by the average flow
                     velocity. Stream reaches were defined in conjunction with the delineation of
                     watershed subbasins as described previously. The length of each reach was
                     determined by direct measurement from USGS topographic maps. Stream reach
                     velocity estimates were based upon cross section information available from the
                     detailed Flood Insurance Studies (FIS) completed within the watershed. These
                     data was used in conjunction with empirical relationships between stream cross
                     section measurements, discharge and mean velocity to produce velocity estimates
                     for stream reaches for which no FIS information is available. Velocities for
                     improved (i.e. channelized) stream reaches and major storm sewers and long
                     culverts were calculated based upon reported and/or field measured dimensional
                     and slope information. Estimated velocities were divided by measured lengths to
                     produce travel time estimates for each defined stream reach. The estimation of
                     bankfull capacities in the natural strearn reaches was performed based upon field
                     investigations and information reported in the literature.



                     RainfaU Characteristics

                     Rainfall depth, duration and frequency data were calculated using the
                     Pennsylvania Department of Trans-12ortation IDF Field Manual. The SCS Type II
                     storm distribution was selected for use as the means for defining the distribution
                     of rainfall intensities within specific rainfall events.




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                          Information describing the dimensions, condition and flow                            capacity of 278 separate
                          stream obstructions was developed during the preparation of this plan. The location of
                          these obstructions are illustrated in Plate 111-4 contained in the main plan document. Data
                          for describing the condition and dimensions of these obstructions were acquired from
                          information contained in the 1981 Stormwater Management Plan supplemented by field
                          visits and measurements.



                          The capacities of the obstructions were calculated based upon field measurements of
                          critical dimensions and the application of procedures outlined in the U.S. Department of
                          Transportation's publication Hydraulic Design of Highway Culverts.                                         Calculated
                          obstruction capacities presented in terms of adequacy as compared to estimated flood
                          peaks return frequencies are presented in Appendix A of the main plan document.



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                          Potential maximum future land development patterns in Erie County were obtained from
                          the Erie County Department of Planning based upon current development trends together
                          with the high population projection series as identified in the 1995 Erie County
                          Demographic Analysis and Population Projection Report. Maximum development build
                          out is utilized for stormwater management modeling purposes to assess the possible
                          impact of potential land development pattems.



                          The possible impact of future land development without effective stormwater
                          management controls was assessed using the Penn State Runoff Model. Runoff and
                          stream flows in the watershed were modeled under the potential future land use pattern
                          conditions for the 50 year ston-n event. This analysis indicated that potential future
                          development could increase peak discharges by approximately an average of 13 percent
                          at the mouths of the streams modeled



                          The result of this analysis is evidence that potential land development can have a
                          significant impact upon stream flows. This points to the importance of instituting proper
                          stormwater management controls within the watershed.







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                   DEPELOPMENTIYFLOODIKAZARD                           S:@@ ...


                   Stream reaches (or stream segments) identified as being prone to flooding under 100 year
                   storm conditions in Flood Insurance Studies are identified previously in Plate 111-3.
                   Development in the areas adjacent to these flood prone areas was characterized by
                   analyzing the current land use within 100 feet of the identified flood prone stream
                   reaches. This was accomplished by calculating the amounts of land occupied by various
                   land use classes that lie within the areas within 100 feet of each side of the identified
                   stream reaches.    This technique produced the approximate distribution of land use
                   activities that lie in proximity to stream reaches identified as flood hazard areas in the
                   Flood Insurance Studies. This information is summarized in Table 3.



                                                              Table 3
                                        Distribution of Land Use in Flood Prone Areas



                                                                                 Percent of Flood
                                           Land Cover / Land Use Class              Prone Area
                                      Residential                                             3.55
                                      Commercial / Industrial                                 1.31
                                      Mixed Residential / Commercial                          6.25
                                      Agriculture                                             17.83
                                      Forest                                                  67.07
                                      Barren / Wetlands                                       3.80
                                      Water                                                   0.19



                   Infon-nation obtained from the watershed municipalities through the municipal
                   questionnaire also provides an indication of the nature of development in areas affected
                   by stormwater drainage problems. The municipalities were asked to indica       'te the types of
                   properties affected by reported stormwater drainage problems and to estimate the
                   approximate number of properties affected. Residential properties were identified as
                   being affected by 76% of the problems for which the data was reported. Commercial
                   properties were associated with 33% of the problems, agricultural or undeveloped in 20%
                   of the cases, and industrial in 7% of the cases. Approximately 80% of the problems were
                   reported to affect 10 or fewer properties and 20% were reported to affect more than 10
                   properties.









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                    The delineated flood prone areas established by flood insurance studies relate primarily to
                    stream flooding during major storm events. As such, they do not provide information
                    concerning more minor flooding problems or stormwater problems separate from stream
                    flooding such as street flooding, soil erosion or stormwater pollution instances.



                    Each of the municipalities in the watershed was contacted to solicit information relative
                    to storinwater conditions which are perceived locally to be problems. In many cases,
                    these problems may be somewhat localized, and related to local drainage limitations apart
                    from stream flooding and may occur at a high frequency. Also, information relative to
                    stormwater problems in addition to flooding (i.e., accelerated erosion, sedimentation and
                    water pollution) was requested. Data obtained through these efforts was supplemented by
                    a review of Flood Insurance Studies conducted in the watershed to produce the listing of
                    identified stormwater problem areas. A total of 109 specific problem areas were reported
                    in 15 of the municipalities in the watershed.



                    The predominant type of stormwater related problem reported by the municipalities is
                    flooding. Over 70% of the individual problems were reported as flooding problems and
                    approximately 20% of the problems were described as a combination of flooding
                    accompanied by stream bank erosion and sedimentation. The remaining approximately
                    10% of the reported problems were attributed specifically to soil erosion and
                    sedimentation.



                    Suggested solutions were offered for 70 of the reported problem areas. The suggested
                    solutions include structural approaches such as constructing new or increasing the
                    capacity of existing storm sewers, increasing the capacity of culverts, and constructing
                    stormwater detention facilities. Also included are such remedial actions as stream
                    dredging for the removal of accumulated silt, the clearing of debris from debris racks,
                    culvert and bridge openings and the removal of obstructions from the stream bed.
                    Improvements to existing storm sewer systems are the predominant types of solutions
                    identified (5 1 % of the cases). Efforts to clear the stream channel are offered as a solution
                    to existing problems in roughly 29% of the cases.           Providing erosion protection,
                    increasing stream channel capacity, and employing runoff detention basins are identified
                    as potential solutions to a much lesser extent. All of the suggested solutions offered
                    restore or increase hydraulic capacities. It is important to note that the ultimate success
                    of any of these efforts will require that the incremental increases in hydraulic capacity not
                    be offset by future increases in stormwater runoff. The nature of the problems currently

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                  encountered in the watershed and the types of solutions increase the        importance of
                  effective stormwater management in the watershed.



                  :REV7EW:OFST0RMWA TER.COLLECTION SYSTEMS1,:...

                  The approximate locations of areas served by     storm and combined sewer systems are
                  presented in the main plan document. As one would expect, the areas served by piped
                  stormwater collection systems largely correspond to the most densely developed areas in
                  the watershed.




                  ASSE,VSMENT.OFALI!@@@TIVE,RLNOP@t:CONTROL.I
                  T  7HNI, Q VES                                     .. ....

                  The Lake Erie Area Stormwater Management Plan presents performance based standards
                  for the management of runoff within the watershed, Within the context of these
                  quantitative performance standards, this plan does not specify the use of particular runoff
                  control techniques. Each developer is given relatively wide latitude within which to
                  select one or a combination of several specific techniques through which to comply with
                  the control standards.



                  Section VI of the main plan document contains descriptions of a variety of runoff
                  reduction and control measures. These descriptions identify relative advantages and
                  disadvantages of each of the control techniques as well as special considerations related
                  to associated operation and maintenance requirements and potential water quality and
                  public health considerations where appropriate.





                                                                         ...........I........
                  IDE            TION      EUS@TMAAD. PROPOSED.                00D.1-11
                                                                     . ..... ....
                              PRO       Ts-%
                  CONTROL..
                                                         .. . ..... .. ... .... . .

                  The main plan document lists     eleven existing and thirteen proposed flood protection
                  facilities reported in the watershed. The approximate locations of these facilities are
                  illustrated in Plate 111-5 (located in a map pocket accompanying the main plan document).
                  There are no regional flood control projects within the study area. The existing flood
                  protection facilities are designed to provide localized flood protection and include stream.
                  channelization, stream bank protection, storm sewers and debris racks. The proposed
                  facilities would also address localized flooding problems and include stream channel
                  improvements, stream bank protection, and debris rack construction.



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                          DESIGNATION OFAREAS TO BE SERVED BY  STORMWATER                                                                               
                                                                                                                              
                       COLLECTION AND CONTROL FACILITIES IN THE FUTURE  
                                                                                           

                          The construction of storm sewers has been identified in the municipal questionnaires as a
                          suggested solution to stormwater drainage problems in Fairview Township and Millcreek
                          Township. While some storm sewer construction can be expected to occur in these and
                          other currently developed areas in order to address localized stormwater drainage
                          problems, most of the future storm sewer construction will occur as new areas of the
                          watershed are developed. Therefore, future storm sewer system construction will occur
                          as residential and commercial development progresses. The locations of such future storm
                          sewer systems         will correspond to the locations of future residential and commercial
                          development.


IDENTIFICATION OF FLOOD PLAINS WITHIN THE 
WATERSHED
Delineated flood prone areas are indentified on PlateIII-3 of the main plan document.


CRITERIA AND STANDARDS FOR STORMWATER RUNOFF
CONTROL

                                                                                                                  . ..........                                                       ......
                                                                                                            . ..........
                          This section includes a description of the specific criteria and standards recommended for
                          the control of stormwater runoff in the Lake Erie Area Watershed. These standards are
                          based upon the analysis of runoff conditions in the watershed and are designed to carry
                          out the purpose of Act 167. The standards and criteria developed for the Lake Erie Area
                          Watershed area detailed in the Model Stormwater Management Ordinance contained in
                          Appendix C of the main plan document and Appendix A of this Executive Summary.




                          Activities Covered

                          The following activities involving alteration or development of land are deemed to have
                          possible effects upon storm water runoff characteristics and are included within the scope
                          of this ordinance:


                               1. Subdivision

                              2. Land Development




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                      3. Construction of new or additional impervious or semi-pervious surfaces
                         (driveways, parking lots, etc.)

                      4. Diversion or piping of any natural or man-made stream channel

                      5. Installation, replacement or substantial repair of storm water systems or
                         appurtenances

                      6. Earth moving involving 1.5 or more acres



                  Specific Technical Standards


                      Release Rate Percentage

                      The release rate percentage is the primary performance standard for the control of
                      stormwater in the Lake Erie Area Watershed. Section V of the main plan
                      document contains a discussion of the release rate percentage concept. Specific
                      release rate percentages were assigned to each of 50 release rate areas comprising
                      the watershed. These areas are delineated in Plate V-1 contained in the main plan
                      document and appended hereto. Assigned release rate percentages for each area
                      are illustrated on Plate V-1 and tabulated in Table 4. The assigned release rates
                      are to be applied only to the 2, 10, and 25 year frequency stonns. The basic post-
                      development not to exceed pre-development peak discharge control standard is to
                      be applied to the 100 year frequency storm.



                      The release rate percentage applies uniformly to all land development or
                      alterations within an area which will result in an increase in post-development
                      volumes and rates of runoff from a site. It is a tool for watershed level stormwater
                      management developed to ensure that the application of runoff control plans for
                      individual sites consider downstream runoff implications. To utilize the release
                      rate percentage for a particular site in one of the release rate percentage areas, a
                      developer should follow the general sequence of events listed below.



                      I .  Compute the pre-development and post-development runoff for the specific
                           site using an approved method for the designated control storms using no
                           stormwater management techniques. If the post-development peak rate is
                           less that or equal to the pre-development rate, the requirements of Act 167
                           and this plan have been met. If the post-development runoff rate exceeds
                           the pre-development rate, proceed to Step 2.





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                        2.     Apply on-site stormwater management techniques to increase infiltration
                               and reduce impervious surfaces. Recompute the post- development runoff
                               rate for the control storms; and if the resulting post-development rate is less
                               than or equal to the pre-development rate, the requirements of this plan have
                               been met. Otherwise, stormwater flow attenuation techniques, including
                               detention, retention will be required and the developer must proceed to Step
                               3.



                        3.     Multiply the assigned release rate percentage for the subbasin times the pre-
                               development peak runoff rate to determine the allowable peak runoff rate
                               from the development. Design the necessary detention/retention facilities or
                               other flow attenuation features to meet the allowable runoff rate standard.



                                                              Table 4
                                               Assigned Release Rate Percentages


                      Release Rate Area     Assigned Release Rate    Release Rate Area    Assigned Release Rate
                     Identification Number       Percentage        Identification Number       Percenta e
                                                                                                       9


                               1                     100                    26                     90
                               2                     80          1          27                     80
                               3                     90                     28                     80
                               4                     80                     29                     90
                               5                     70                     30                     80
                               6                     90                     31                     80
                               7                     80                     32                     90
                               8                     80                     33                     80
                               9                     90                     34                     90
                               10                    80                     35                     70
                               11                    80                     36                     80
                               12                    80                     37                     80
                               13                    80                     38                     90
                               14                    80                     39                     90
                               15                    70                     40                     80
                               16                    90                     41                     90
                               17                    90                     42                     70
                               18                    80                     43                     80
                               19                    80                     44                     80
                               20                    80                     45                     70
                               21                    90                     46                     90
                               22                    70                     47                     80
                               23                    100                    48                     80
                               24                    80                     49                     80
                               25                    80                     50                     70




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                      Control Stornn

                      Certain control storms must be used to analyze stormwater runoff under pre- and
                      post- development conditions and for the design of stormwater control facilities.
                      The: rationale for selecting the 24 hour 2, 10, 25 and 100 year frequency storms is
                      discussed in Section V of the main plan document. These control storms and
                      associated rainfall depths are presented below.




                                                 Control Storm Rainfall Depths


                                           Control Storm                24-Hour Precipitation
                                           Return Period                   Depth in Inches

                                              2-year                                2.62
                                             1 0-year                               3.75
                                             25-year                                4.61
                                            1 00-year                               6.19




                      The Lake Erie Area Watershed Stormwater Management Plan specifies that the
                      indicated rainfall volumes must be distributed over a 24 hour period according to
                      the U.S. Soil Conservation Service Type 11 Rainfall Distribution Pattern.



                      Permissible Runoff Computation Techniques:

                      A number of techniques and methods have been used to estimate rates and
                      volumes of runoff from land. The Lake Erie Area Watershed Stormwater
                      Management Plan identifies The following permissible techniques to be used in
                      plan implementation.



                                   Soil Conservation Service Urban Hydrology Method (TR-55)

                               *Soil Conservation Service Model (TR-20)

                               0 U.S. Army Corps of Engineers Flood Hydrograph (HEC-1)

                               0 Penn State Runoff Model (PSRM)






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                       The Rational Method may be employed under specific limited circumstances if
                       authorized by the municipal engineer responsible for control plan review.



                       This list of permissible techniques includes a cross section of the most commonly
                       used computation methods entailing a range of approaches, levels of effort and
                       required access to computer facilities. The list affords developers the opportunity
                       to select from a suite of techniques. At the same time, the number of techniques
                       with which the local reviewing engineer must be familiar is kept to a manageable
                       number and the use of inapplicable, unproven, or inaccurate techniques is
                       prohibited.




                       Stormwater Detention Facilities

                       If stormwater detention facilities are used, they must be designed such that the
                       post-development peak runoff rates do not exceed the applicable subbasin release
                       rate percentage for the 2, 10, and 25 year control storms. The facilities should be
                       designed so that, during the 100 year storm event, the post-development peak
                       discharge does not exceed the pre-development peak discharge rate for the same
                       storm. All basins must be equipped with outlet structures which will control
                       discharges to the specified rates and must include provisions to safely pass the
                       peak flows associated with the 100-year storm without impairing the functioning
                       of the facility. In addition, all runoff must be conveyed from its point of origin to
                       the storage facility, whether located on the same property or elsewhere, in a
                       manner which avoids adverse impacts such as flooding, erosion and scouring of
                       land and drainage channels located between the point of origin and the detention
                       facility




                        .............                                .......
                         .. . . ........ . ............          ..... ... .. ..... ......... ................... . ... ...........


                   The immediate and high priority items which must be completed to begin implementation
                   of the plan include the following:



                              Adoption or amendment of local ordinances: Each of the municipalities are
                              required to adopt the stormwater management provisions contained in the
                              Model Stormwater Management Ordinance presented in Appendix C of the
                              main plan document and Appendix A of this Executive Summary within six
                              months of the State's approval of the adopted plan.



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                             Establishment of review and enforcement procedures: The model ordinances
                             call for the review of stormwater management plans prepared by individual
                             developers and the enforcement of ordinance requirements. The responsibility
                             for plan review and enforcement fies with the municipalities



                 The Lake Erie Area Stormwater Management Plan preparation process is complete with
                 Erie County's adoption of the draft Plan and submission of the final Plan to DEP for
                 approval. Subsequent activities to carry out the provisions of the Plan are considered by
                 DEP to be part of the implementation of the Plan. The initial step of Plan implementation
                 is DEP approval. Plan approval sets in motion the mandatory schedule of adoption of
                 municipal ordinance provisions to implement the stormwater management criteria. Lake
                 Erie Area Watershed municipalities will have six months from the date of DEP approval
                 within which to adopt the necessary ordinance provisions. Failure to do so could result in
                 the',Arithholding of all state ftmds to the municipality(ies) per Act 167.



                 Additional implementation activities are the development of a local program to
                 coordinate Chapter 105 and 106 permit application reviews and the development of a
                 systematic approach for correction of existing stonn drainage problem areas.



                 DEP,tpproval of the Plan

                 Upon adoption of the watershed plan by the County, the Plan is submitted to DEP for
                 approval. The DEP review process involves determination that all of the activities
                 specified in the approved Scope of Work have been satisfactorily completed in the Plan.
                 Further, the Department will only approve the Plan if it determines the following:



                     1.      That the Plan is consistent with municipal floodplain management plans, State
                             programs which regulate dams, encroachments and other water obstructions,
                             and State and Federal flood control programs; and



                     2.      That the Plan is compatible with other watershed stormwater plans for the
                             basin in which the watershed is located and is consistent with the policies and
                             purposes of Act 167.







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                     DEP action to either approve or disapprove the Plan must take pla ce within ninety (90)
                     days of receipt of the Plan by the Department. Otherwise, the Plan would be approved by
                     default.




                     Municipal Adoption of Ordinance Provisions to
                     Implement the Plan

                     The key ingredient for implementation of the Plan is the adoption of the necessary
                     ordinance provisions by the Lake Erie Area watershed municipalities. Provided as part of
                     this Plan is a model stormwater management ordinance to be used by the municipalities
                     as a guide to making the necessary changes to their ordinances.



                     The method ultimately used to adopt the necessary ordinance provisions can be selected
                     by each municipality based upon the recommendations of their solicitor. However, we
                     recommend that the methods listed in Table 5 should be considered for use in adopting
                     the necessary ordinance provisions.



                     The model stormwater management ordinance contains eleven articles containing
                     recommendations relative to content and language. Much of the model ordinance is
                     presented as guidance to the municipalities and can be modified to comply with local
                     preferences and current practices. However, in order to accomplish the goals of Act 167
                     and this watershed stormwater management plan, it is important the specific content and
                     language of the following key sections of the model ordinance be adopted essentially
                     verbatim:




                             Article I - General Provisions

                        ï¿½    Article Il - Stormwater Management Requirements

                        ï¿½    Article IV, Section 405, Paragraph A - Special Considerations in Bluff Areas

                             Article VI, Section 602 - General Exemptions

                             Article VI, Section 602 - Exemptions



                     The articles and sections of the model ordinance listed define the types of activities for
                     which stormwater controls are required; define the specific stormwater control standards;
                     and address the special protection needs of the coastal bluff areas. The general content of
                     the other articles and sections of the model ordinance should be included in the


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                     municipalities' ordinances, however, there is a greater opportunity for the custornization
                     of these sections to satisfy local preferences and procedures while accomplishing the
                     overall goals of this plan.





                                                                         Table 5
                                               Recommended Ordinance Adoption Methods


                      Status of Current Ordinances           Municipalities in this Category          Recommended Adoption
                     Existing stormwater management          Harborcreek Twp., McKean             Amend existing stormwater
                     ordinances are in effect.               Twp., Millcreek Twp., North East     ordinance to comply with key
                                                             Boro., North East Twp., Summit       model ordinance provisions and
                                                             Twp.                                 insure that the ordinance is
                                                                                                  properly incorporated by
                                                                                                  reference in the subdivision/land
                                                                                                  development and zoning
                                                                                                  ordinances.

                     Local subdivision/land                  Erie City, Fairview Boro.,           Adopt a separate storinwater
                     development ordinances are in           Fairview Twp., Franklin Twp.,        management ordinance patterned
                     effect (no separate stormwater          Girard Boro., Girard Twp.,           after the model stormwater
                     management ordinance).                  McKean Boro., Greene Twp.,           management ordinance. Amend
                                                             Greenfield Twp., Lake City           the existing subdivision/land
                                                             Boro., Lawrence Park Twp.,           development and zoning
                                                             Springfield Twp., Venango Twp.,      ordinances to incorporate the
                                                             Washington Twp., Waterford           stormwater management
                                                             Twp.                                 ordinance by reference.

                     Erie County subdivision/land            Conneaut Twp., Elk Creek Twp.,       Adopt a separate stormwater
                     development ordinance is in             Platea Boro., Wesleyville Boro.      management ordinance patterned
                     effect (no separate stormwater                                               after the model stormwater
                     management or ordinance)                                                     management ordinance and
                                                                                                  incorporate by reference in
                                                                                                  zoning ordinance (if one exists).




                     [email protected],ROA.CH.FOR::.,.@@
                     :[email protected]

                     Correction of the existing storm drainage problem areas in                           the   watershed is not
                     specifically part of the Act 167 planning process. However, the development of the
                     watershed plan has provided a framework for their correction for the following reasons:
                     (1) existing storm drainage problems have been identified; (2) implementation of the
                     runoff control criteria specified in the Plan will prevent the existing drainage problems
                     from becoming worse (and prevent the creation of new drainage problem areas); and (3)


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                  the hydrologic model developed to formulate the runoff control criteria could be used as
                  an analytical tool for identifying engineering solutions to existing drainage problems.


                  With the above in mind, municipalities within the Lake Erie Area Watershed should
                  include the following steps in their efforts to implement solutions to existing storm
                  drainage problem areas:



                      I .    Prioritize storm drainage problems within the municipality based up frequency
                             of occurrence, potential for in ury to persons or property, damage history,
                                                            i                                                            I
                             public perception of the problems and other appropriate criteria.



                       2.    For the top priority drainage problems in the municipality, conduct detailed
                             engineering evaluations to determine the exact nature of the problems,
                             determine alternative solutions, provide cost estimates for the alternative
                             solutions, and recommend a course of municipal action. The number of
                             drainage problems to be evaluated by a municipality as a first cut from the
                             priority list should be based on a schedule commensurate with completing
                             engineering studies on all problem areas. The engineering studies should
                             include consideration of the downstream effects of eliminating specific
                             drainage problems so as to avoid transfer of problems progressively
                             downstream.



                       3.    On the priority and cost basis, incorporate implementation of recommended
                             solutions to the drainage problems in the annual municipal capital or
                             maintenance budgets as funds are available.



                  The above stated procedure for dealing with existing   storm drainage problems is not a
                  mandatory action placed on municipalities with the     adoption of the watershed plan.
                  Rather, it represents a systematic method to approach the problems uniformly throughout
                  the watershed and attempt to improve the current runoff situation in the basin. The key
                  elements involved in the success of the remedial strategy will be the dedication of the
                  municipalities to construct the corrective measures and the consistent and proper
                  application of the runoff control criteria specified in the Plan. The latter element is
                  essential to ensure that remedial measures do not become obsolete (under-designed) by
                  increases in peak flows with development.





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                 PR                        -IEW            ISINGAND -UPDA TING. THE.
                                  .OR,@,REV      Nq,@:REP
                 @p
                                  .... ...... .. . .

                                      .. .........

                 Erie County has been provided with data describing the physical system of the Lake Erie
                 Area Watershed which affect hydrology and hydraulics. Principal types of data and
                 information provided include: Penn State Runoff Models for the watershed and input
                 data for the runoff models which reflect existing hydrologic and hydraulic conditions.
                 These materials served as the basis for the development of the standards and criteria
                 presented in the Plan. Major changes to the hydrologic and hydraulic conditions in the
                 watershed as reflected in the PSRM input data files may warrant changes in the resulting
                 standards and criteria.



                 These data files can be updated to reflect: 1) changes in land use / land cover which may
                 affect runoff conditions; 2) changes to streams, major culverts and other flow conduits
                 which may materially affect watershed hydraulics, and 3) the construction of regional
                 detention facilities which may significantly affect watershed peak discharge times and
                 associated release rate percentages. Once the input data files have been updated, the
                 PSR1\4 can be run under the new conditions to identify needed changes (if any) to the
                 standards and criteria presented in this Plan.



                 Under the requirements of Act 167 the Plan is to be updated at intervals not exceeding
                 five years More frequent updating of the Plan may be warranted if significant changes in
                 the watershed occur sooner. Factors which would warrant an update prior to the statutory
                 data may include the following:



                            Changes to major stream segments or primary stormwater conveyance
                            elements which serve to affect watershed hydraulics such that the potential for
                            damage is materially changed or peak discharge timings are significantly
                            changed.



                            Regional detention facilities are constructed such that changes to the release
                            rate percentages assigned to tributary subbasins are warranted.



                            Extensive changes to land use occur to the extent that significant changes to
                            subbasin times of concentration and runoff result.



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                             Peculiarities in the application of specific standards and criteria are
                             experienced which interfere with the effective and equitable administration of
                             the Plan requirements.



                  All of the involved agencies (County and municipalities) should monitor conditions in the
                  watershed. In the event that any of the above listed conditions (or others) arise, the
                  County should proceed with updating the Plan as warranted.

















































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                                   Appendix A
                       Model Stormwater Management Ordinance
 


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                         MODEL STORMWATER MANAGEMENT PROVISIONS FOR
                                  STORMWATER MANAGEMENT ORDINANCE

                                                      ARTICLE I
                                               GENERAL PROVISIONS


               Section 101 - Purpose

               These regulations have the following general purposes and objectives:

               I . To assure safe management of stormwater runoff resulting from land alteration and
                   disturbance activities in accordance with watershed stormwater management plans
                   adopted pursuant to the Pennsylvania Storm Water Management Act (Act 167 of 1978,
                   as amended).

               2.  To utilize and preserve the existing natural drainage systems and to preserve the flood-
                   carrying capacity of streams.

               3.  To encourage natural infiltration of rainfall to preserve groundwater supplies and
                   stream flows.

               4.  To provide for adequate maintenance of all permanent stormwater management
                   structures in the municipality.

               Section 102 - Statutory Authority

               The municipality is empowered to regulate land use activities that affect runoff by the
               authority of the Act of October 4, 1978, P.L. 864 (Act 167), The "Storm Water
               Management Act" as amended by Act 63 and [insert reference to the applicable Municipal
               code].

               Section 103 - Applicability

               The following activities involving alteration or development of land are deemed to have
               possible effects upon storm water runoff characteristics and are included within the scope
               of this ordinance:


               1. Subdivision

               2. Land Development

               3.  Construction of new or additional impervious or semi-pervious surfaces (driveways,
                   parking lots, etc.)

               4.  Diversion or piping of any natural or man-made stream channel

               5.  Installation, replacement or substantial repair of storm water systems or appurtenances






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                  6. Earth moving involving 1.5 or more acres

                  Section 104 - Repealer

                  This ordinance shall repeal all other ordinances, or parts thereof, which are contrary to or
                  conflict with the provisions of this ordinance to the extent necessary to give this ordinance
                  full force and effect.

                  Section 105 -Severability

                  Should any section or provision of this ordinance be declared invalid by a court of
                  competent jurisdiction, such decision shall not affect the validity of this ordinance as a
                  whole or any other part hereof-, the parts or sections remaining shall remain in effect as if
                  the part of the section declared unconstitutional had never been a part of this ordinance.

                  Section 106 - Liability Disclaimer

                  I      Neither the granting of any approval under the provisions of this Article, nor the
                         compliance with the provisions of this Article, or with any condition imposed by a
                         municipal official hereunder, shall relieve any person from any responsibility for
                         damage to persons or property resulting therefrom, or as otherwise imposed by law,
                         nor impose any liability upon the municipality for damages to persons or property.

                  2.     The granting of a permit which includes any stormwater management facilities
                         shall not constitute a representation, guarantee or warranty of any kind by the
                         municipality, or by an official, employee, solicitor, and consulting engineer thereof,
                         of the practicability or safety of any structure, use or other plan proposed, and shall
                         create no liability upon or cause of action against any official, employee, or
                         designated representative for any damage that may result pursuant thereto.


























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                                                      ARTICLE 11
                                                     DEFINITIONS


               Act: The Storm Water Management Act (Act of October 4, 1978, P.L. 864 No. 167; 32
               P.S. Sections 680.1-680.17, as amended by Act of May 24, 1984, No. 63).

               Applicant: A landowner or developer who has filed an application for development
               including his/her heirs, successors and assigns.

               Channel: A perceptible natural or artificial waterway which periodically or continuously
               contains moving water or which forms a connecting link between two bodies of water. It
               has a definite bed and banks which confine the water.

               Conservation District: The Erie County Conservation District.

               County: Erie County, Pennsylvania

               Culvert:   A closed conduit for the free passage of surface drainage under a highway,
               railroad, canal or other embankment.

               Design criteria: (1) Engineering. guidelines specifying construction details and materials.
               (2) Objectives, results, or limits which must be met by a facility, structure, or process in
               performance of its intended functions.

               Design storm: (see stonn frequency)

               Detention: The slowing, dampening or attenuating of runoff flows entering the natural
               drainage pattern or storm drainage system by temporarily holding water on a surface area
               in a detention basin or within the drainage system.

               Detention pond or basin: An basin or reservoir, usually small, constructed to impound or
               retard surface runoff temporarily.

               Developer: The person, persons, or any corporation, partnership, association, or other
               entity or any responsible person therein or agent therefor that undertakes the activities
               associated with changes in land use. The term "developer" is intended to include but not
               necessarily be limited to the term "subdivider", "owner", and "builder" even though the
               individuals involved in successive stages of a project may vary.

               Development: Any activity, construction, alteration, change in land use or practice that
               affects stormwater runoff characteristics.

               Discharge: The flow or rate of flow from a canal, conduit, channel or other hydraulic
               structure.










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                 Drainage: In general, the removal of surface water from a given area. Commonly applied
                 to surface water and ground water.

                 Drainage Area: (1) The area of a drainage basin or watershed, expressed in acres, square
                 miles, or other unit of area. Also called catchment area, watershed, river basin. (2) The
                 area served by a sewer system receiving storm and surface water, or by a watercourse.

                 Encroachment: Any structure or activity which in any manner changes, expands or
                 diminishes, the course, current or cross section of any watercourse, floodway or body of
                 water.

                 Erosion: Wearing away of the lands by running water, glaciers, winds and waves.

                 Erosion control: The application of measures to reduce erosion of land surfaces.

                 Ground Cover: Materials covering the ground surface,

                 Ground Water: Subsurface water occupying the saturation zone, from which wells and
                 springs are fed.

                 Ground Water    Recharge: Replenishment of ground water naturally by precipitation or
                 runoff or artificially by spreading or injection.

                 Impervious: Not allowing or allowing only with great difficulty the movement of water;
                 impermeable.

                 Infiltration: (1) The flow or movement of water through the interstices or pores of a soil or
                 other porous medium. (2) The absorption of liquid by the soil.

                 Land Development: Any of the following activities:

                    (1) the improvement of one lot or two or more contiguous lots, tracts or parcels of land
                    for any purpose involving: (a) a group of two or more residential or non-residential
                    buildings, whether proposed initially or cumulatively, or a single non-residential
                    building on a lot or lots regardless of the number of occupants or tenure; or (b) the
                    division or allocation of land or space, whether initially or cumulatively, between or
                    among two or more existing or prospective occupants by means of, or for the purpose
                    of streets, common areas, leaseholds, condominiums, building groups or other features;

                    (2) a subdivision of land;

                    (3) development in accordance with Section 503 (1.1) of the Pennsylvania
                    Municipalities Planning Code.

                 Land Disturbance: Any activity involving the changing, grading, transportation, fill and
                 any other activity which causes land to be exposed to the danger of erosion.

                 Maintenance: The upkeep necessary for efficient operation of physical properties.






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               Municipality: (name of municipality), Erie County

               Municipal engineer:      A professional engineer licensed in the Commonwealth of
               Pennsylvania, duly appointed by the (name of municipality).

               Natural Stormwater Runoff Regime: A watershed where natural surface configurations,
               runoff characteristics and defined drainage conveyances have attained the conditions of
               equilibrium.

               Outfall: (1) The point, location or structure where drainage discharges from a sewer, drain
               or other conduit. (2) The conduit leading to the ultimate discharge point.

               Outlet Control Structure: The means of controlling the relationship between the headwater
               elevation and the discharge, placed at the outlet or downstream end of any structure
               through which water may flow.

               Performance Standard: A standard which establishes an end result or outcome which is to
               be achieved but does not prescribe specific means for achieving it.

               Peak Flow: Maximum flow.

               Pennsylvania DEP: Pennsylvania Department of Environmental Protection.

               Release Rate Percentage: The watershed factor determined by comparing the maximum
               rate of runoff from a subbasin to the contributing rate of runoff to the watershed peak rate
               at specific points of interest.

               Retention Pond: A basin, usually enclosed by artificial dikes, that is used to retard
               stormwater runoff by temporarily storing the runoff and releasing it at a predetermined
               rate.

               Return Period: The average interval in years over which an event of a given magnitude can
               be expected to recur.

               Runoff. That part of precipitation which flows over the land.

               Runoff Characteristics: The surface components of any watershed which affect the rate,
               amount, and direction of stormwater runoff. These may include but are not limited to:
               vegetation, soils, slopes and man-made landscape alterations.

               SCS: U.S. Department of Agriculture Soil Conservation Service.

               Sediment: Mineral or organic solid material that is being transported or has been moved
               from its site of origin by air, water or ice and has come to rest.

               Sedimentation: The process by which mineral or organic matter is accumulated or
               deposited by moving water, wind or gravity.






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                 Storage Facility: (See detention pond and retention pond).

                 Storm Frequency    : The average interval in years over which a storm event of a given
                 precipitation volume can be expected to occur.

                 Storm Sewer: A sewer that carries intercepted surface runoff, street water and other
                 drainage but excludes domestic sewage and industrial waste.

                 Stormwater: That portion of precipitation which runs over the land.

                 Stormwater Collection System: Natural or man-made structures that collect and transport
                 stormwater through or from a drainage area to the point of final outlet including, but not
                 limited to, any of the following: conduits and appurtenant features, canals, channels,
                 ditches, streams, culverts, streets, and pumping stations.

                 Stormwater Management Plan: The plan for managing stormwater runoff adopted by Erie
                 County as required by the Storm Water Management Act.

                 Subdivision: The division or redivision of a lot, tract or parcel of land by any means into
                 two or more lots, tracts, parcels or other divisions of land including changes in existing lot
                 lines for the purpose, whether immediate or future, of lease, partition by the court for
                 distribution to heirs or devisees, transfer of ownership or building or lot development,
                 provided, however, that the subdivision by lease of land for agricultural purposes into
                 parcels of more than 10 acres, not involving any new street or easement of access or any
                 residential dwelling, shall be exempted.

                 Swale: A low-lying stretch of land which gathers or carries surface water runoff.

                 Watercourse: Any channel for conveyance of surface water having a defined bed and
                 banks, whether natural or artificial, with perennial or intermittent flow.

                 Watershed: The entire region or area drained by a river or other body of water whether
                 natural or artificial. A "designated watershed" is an area delineated by the Pennsylvania
                 DEP and approved by the Environmental Quality Board for which counties are required to
                 develop watershed stormwater management plans.



















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                                                     ARTICLE III
                               STORMWATER MANAGEMENT REQUIREMENTS


               Section.301 - Stormwater Management Districts

               A.      For purposes of stormwater management, the municipality of
                       is divided into the following stormwater management districts:

                       I .    Lake Erie / Elk Creek Watershed

               (Note: List each additional DEP-designated watershed that may encompass portions
               of the municipality (French Creek, Cussewago Creek, Conneaut Creek, and/or
               Ashtabula River watersheds).)

               One or more of these districts may be further subdivided into subareas which have similar
               hydrological characteristics and drain to a corm-non point.

               B.      The location and boundaries of the watershed(s) and subareas are shown on the
                       "Municipal Stormwater Management District Map" which is hereby adopted as a
                       part of this section.

               (Note:  Map can be included       as an appendix to the ordinance or copies made
               available in the municipal offices.)

               Section 302 - General Standards

               B.      No discharge of toxic materials shall be permitted into any stormwater management
                       system. Where required by federal and state regulation, the landowner or developer
                       shall be responsible for obtaining an NPDES permit for stormwater discharges.

               Section 303 - Watershed Standards: Designated Lake Erie / Elk Creek Stormwater
                              Management Watershed

               (Note: Municipalities that include more than one DEP designated watershed will need
               to add provisions following this section for other designated watersheds.)

               A.      The stormwater performance standards contained in this section are intended to
                       implement the standards and criteria contained in the Lake Erie Area Watershed
                       Stormwater Management Plan, adopted and approved in accordance with the
                       Pennsylvania Storm Water Management Act. If there is any discrepancy between
                       the provisions of this section and the standards and criteria of the plan, or if the
                       watershed plan is subsequently amended, then the standards/criteria of the amended
                       watershed plan shall govern.

               B.      Storm Frequencies: Stormwater management facilities on all development sites
                       shall control the peak stormwater discharge for the 2-, 10-, 25- and 100-year storm






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                          frequencies. The Soil Conservation Service (SCS) 24-hour, Type II Rainfall
                          Distribution shall be used for analyzing storinwater runoff for both pre- and post-
                          development conditions. The 24-hour total rainfall for these storm frequencies in
                          the watershed are:

                                                                                  Rainfall Depth
                                                  Storm Frequency                    (inches)

                                                      2-year                              2.62
                                                     I 0-year                             3.75
                                                     25-year                              4.61
                  C. Calculation Methods            I 00-year                             6.19

                          I .     Development Sites: For the purpose       of computing peak flow rates and
                                  runoff hydrographs from development sites, calculations shall be performed
                                  using one of the following: SCS publications, Technical Release (TR) 55 or
                                  20, HEC I or Penn State Runoff Model (PSRM) or Modified Rational
                                  Method. Under special circumstances other computation methods may be
                                  used subject to the approval of the municipality.

                          2.      Stormwater Collection/Conveyance Facilities: For the purposes of
                                  designing storm sewers, open swales and other stormwater runoff collection
                                  and conveyance facilities, the Rational Method or other method as approved
                                  by the municipality may be applied. Rainfall intensities for design should
                                  be obtained from the Pennsylvania Department of Transportation rainfall
                                  charts.

                          3.      Routing of hydrographs through detention / retention facilities for the
                                  purpose of designing those facilities shall be accomplished using the
                                  Modified-Puls Method or other recognized reservoir routing method subject
                                  to the approval of the municipality.

                          4.      Predevelopment Conditions: Predevelopment conditions shall be assumed
                                  to be those which exist on any site at the time prior to the commencement of
                                  development activities. SCS runoff curve numbers selected for use in the
                                  calculations shall accurately reflect existing conditions subject to the
                                  approval of the municipality. At its discretion, the municipality may direct
                                  that hydrologic conditions for all areas with pervious cover (i.e., fields,
                                  woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in
                                  "good" condition, and the lowest recommended SCS runoff curve number
                                  (CN) shall be applied for all pervious land uses within the respective range
                                  for each land use and hydrologic soil group.











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               D.       Release Rate Percentage

                        I      Definition: The release rate percentage defines the percentage of the pre-
                               development peak rate of runoff that can be discharged from an outfall on
                               the site after development under the 2, 10, and 25 year storm conditions.
                               Under all circumstances, a 100% release rate percentage shall be applied to
                               the 100 year frequency storm whether or not lower reduced release rate
                               percentages are specified for the 2, 10 and 25 year return frequency storms.
                               The assigned release rate percentage for each subarea applies uniformly to
                               all land development or alterations within the subarea. A listing of the
                               release rate percentage by subarea appears in Appendix _ of this ordinance;
                               the subareas are delineated on the Release Rate Percentage Maps.

                        2.     Procedure for Use

                               (a)    Identify the specific subarea in which the development site is located
                                      from the watershed map and obtain the subarea release rate
                                      percentage from Appendix A and the appropriate Release Rate
                                      Percentage Map.

                               (b)    Compute the pre- and post-development runoff hydrographs for each
                                      stormwater. outfall on the development site using an acceptable
                                      calculation method for the 2-, 10-, 25- and 100-year storms. Apply
                                      no on-site detention for stormwater management but include any
                                      techniques to minimize impervious surfaces and/or increase the time
                                      of concentration for stormwater runoff flowing from the
                                      development site. If the post-development peak runoff rate and the
                                      runoff volume are less than or equal to the predevelopment peak
                                      runoff rate and volume, then additional stormwater control shall not
                                      be required at that outfall.

                                      If the post-development peak runoff rate and volume are greater than
                                      the predevelopment peak runoff rate and volume, then storrnwater
                                      detention shall be required. The capacity of the detention facility
                                      shall be calculated by multiplying the predevelopment rate of runoff
                                      from the 2, 10, and 25 year frequency storm by the subarea release
                                      rate percentage and the predevelopment runoff rate from the 100
                                      year storm event by 100% to determine the maximum allowable
                                      releases from any detention facility.

               E.       Exception Areas

                        I      Exceptions to the peak discharge standards will be considered only in the
                               following instances:

                               (a)    In the Lake Erie Area Watershed: only in instances where the
                                      discharge from the development site occurs directly to Lake Erie, an






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                                          adequately sized storm or combined sewer which discharges directly
                                          into Lake Erie, or through a properly sized and designed regional
                                          stormwater detention facility.

                          (Note: Municipalities that include more than one DEP designated watersheds
                          will need to add conditions where exceptions may be appropriate in each
                          watershed.)

                          2.      The analyses of storm or combined sewers and/or regional detention
                                  facilities as are necessary to demonstrate their adequacy for the proposed
                                  discharges shall be completed by the applicant using methods and
                                  procedures as directed by the municipality.

                  Section 304 - Watershed Standards: Areas Outside Watersheds for which Act 167
                  Stormwater Management Planning Has Not Been Completed

                  (Note: This section is optional. It presents a method through which interim
                  stormwater controls can be applied to areas of the municipality that are not within
                  watersheds for which Act 167 Watershed Stormwater Management Planning has
                  been completed.        If the municipality has no interest in applying stormwater
                  management controls in these areas, this section may be omitted.)

                  A       The stormwater management performance standards in this section are intended to
                          apply basic stormwater standards in areas of the municipality for which Act 167
                          Stormwater Management Planning has not been completed.

                  B.      Storm Frequencies: Stormwater management facilities on all development sites
                          shall control the peak stormwater discharge for the 2-, 10-, 25- and 100-year storm
                          frequencies. The Soil Conservation Service (SCS) 24-hour, Type 11 Rainfall
                          Distribution shall be used for analyzing stormwater runoff for both pre- and post-
                          development conditions. The 24-hour total rainfall for these storm frequencies in
                          the watershed are:

                                                                                  Rainfall Depth
                                                  Storm Freq.u@ncy                   (inches)

                                                     2-year                               2.62
                                                     1 0-year                             3.75
                                                     25-year                              4.61
                                                    1 00-year                             6.19

                  C. Calculation Methods

                          I .     Development Sites: For the purpose of computing peak flow rates and
                                  runoff hydrographs from development sites, calculations shall be performed
                                  using one of the following: SCS publications, Technical Release (TR) 55 or
                                  20, HEC I or Penn State Runoff Model (PSRM) or Modified Rational







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                              Method. Under special circumstances other computation methods may be
                              used subject to the approval of the municipality.

                      2.      Stormwater Collection/Conveyance Facilities: For the purposes of
                              designing stonn sewers, open swales and other stormwater runoff collection
                              and conveyance facilities, the Rational Method or other method as approved
                              by the municipality may be applied. Rainfall intensities for design should
                              be obtained from the Pennsylvania Department of Transportation rainfall
                              charts.

                      3.      Routing of hydrographs through detention / retention facilities for the
                              purpose of designing those facilities shall be accomplished using the
                              Modified-Puls Method or other recognized reservoir routing method subject
                              to the approval of the municipality.

                      4.      Predevelopment Conditions: Predevelopment conditions shall be assumed
                              to be those which exist on any site at the time prior to the commencement of
                              development activities. SCS runoff curve numbers selected for use in the
                              calculations shall accurately reflect existing conditions subject to the
                              approval of the municipality. At its discretion, the municipality may direct
                              that hydrologic conditions for all areas with pervious cover (i.e., fields,
                              woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in
                              "good" condition,and the lowest recommended SCS runoff curve number
                              (CN) shall be applied for all pervious land uses within the respective range
                              for each land use and hydrologic soil group

               D.     Post-development rates of runoff shall not exceed the peak rates of runoff prior to
                      development for the 2, 10, 25, and 100 year design storms.


























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                                                                  ARTICLE IV
                                      DESIGN CRITERIA FOR STORMWATER MANAGEMENT
                                                                      CONTROLS



                  Section 4.01 - General criteria

                  A.      Applicants may select runoff control techniques, or a combination of techniques,
                          which are most suitable to control stormwater runoff from the development site.
                          All controls shall be subject to approval of the municipal engineer. The municipal
                          engineer may request specific information on design and/or operating features of
                          the proposed stormwater controls in order to determine their suitability and
                          adequacy in terms of the standards of this ordinance.

                  B.      The applicant should consider the effect of the proposed stormwater management
                          techniques on any special soil conditions or geological hazards which may exist on
                          the development site. In the event such conditions are identified on the site, the
                          municipal engineer may require in-depth studies by a competent geotechnical
                          engineer. Not all stormwater control methods may be advisable or allowable at a
                          particular development site.

                  C.      In developing a stormwater management plan for a particular site, stormwater
                          controls shall be selected according to the following order of preference:

                          1.     minimization of impervious surfaces during site design

                          2.     flow attenuation by use of open vegetated swales and natural depressions

                          3.     stormwater detention/retention structures

                  D.      Infiltration practices shall be used to the extent practicable to reduce volume
                          increases and promote groundwater recharge.           A combination of successive
                          practices may be used to achieve the applicable minimum control requirements.
                          Justification shall be provided by the applicant for rejecting each of the preferred
                          practices based on actual site conditions.

                  Section 402 - Criteria for Infiltration Systems

                  A.      Infiltration systems shall be sized and designed based upon local soil and ground
                          water conditions.

                  B.      Infiltration systems greater than three (3) feet deep shall be located at least ten (10)
                          feet from basement walls.

                  C.      Infiltration systems shall not be used to handle runoff from commercial or
                          industrial working or parking areas. This prohibition does not extend to roof areas







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                        which are demonstrated to be suitably protected from the effects of the
                        commercial/industrial activities.

                D.      Infiltration systems may not receive runoff until the entire drainage area to the
                        system has received final stabilization.

                E.      The stormwater infiltration facility design shall provide an overflow system with
                        measures to provide a non-erosive velocity of flow along its length and at the
                        outfall.

                Section 403 - Criteria for Flow Attenuation Facilities

                A.      If flow attenuation facilities are employed to assist in the control of peak rates of
                        discharge, their effects must be quantified using the SCS Technic11 Release (M
                        55 Urban Hydrology for Small Watersheds or other approved method. The effects
                        of the flow attenuation facilities on travel time should be reflected in the
                        calculations.

                B.      Flow attenuation facilities such as swales and natural depressions should be
                        properly graded to ensure positive drainage and avoid prolonged ponding of water.

                C.      Swales shall be properly vegetatively stabilized or otherwise lined to prevent
                        erosion.

                E.      Swales   shall be designed according to the recommendations contained in the
                        Commonwealth of PelmsylvaLiia Ero5ion and Sediment Pollution Control Program
                        Manual.



                Section 404 - Criteria for Stormwater Detention Facilities

                A.      If detention facilities are utilized for the development site, the facility(ies) shall be
                        designed such that post-development peak runoff rates from the developed site are
                        controlled to those rates defined by the subarea release rate percentage for the 2-,
                        10-, 25, and 100-year storm frequencies.

                B.      All detention facilities shall be equipped with outlet structures to provide discharge
                        control for the four (4) designated storin frequencies. Provisions shall also be made
                        @o safely pass the post-development 100-year storm runoff without damaging or
                        impairing the continued function of the facilities.           Should any stormwater
                        management facilities be regulated by PA DEP Chapter 105 regulations, the facility
                        shall be designed in accordance with those regulations and meet the regulations
                        concerning darn safety.

                C.      Shared-storage facilities which provide detention of runoff for more than one
                        development site within a single subarea are encouraged wherever feasible and
                        provided such facilities meet the criteria contained in this section. In addition,
                        runoff from the development sites involved shall be conveyed to the facility in a






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                          manner that avoids adverse impacts (such as flooding or erosion) to channels and
                          properties located between the development site and the shared-storage facilities.

                  D.      Where detention facilities will be utilized, multiple use facilities, such as wetlands,
                          lakes, ballfields or similar recreational/open space uses are encouraged wherever
                          feasible, subject to the approval of the municipality and compliance with the
                          Pennsylvania Department of Environmental Protection's Chapter 105 regulations.

                  E.      Other considerations which should be incorporated into the design of the detention
                          facilities include:

                          I .    Inflow and outflow structures shall be designed and installed to prevent
                                 erosion and bottoms of impoundment type structures should be protected
                                 from soil erosion.

                          2.     Control and removal of debris both in the storage structure and in all inlet or
                                 outlet devices shall be a design consideration.

                          3.     Inflow and outflow structures, pumping stations, and other structures shall
                                 be designed and protected to minimize safety hazards.

                          4.     The water depth at the perimeter of a storage pond should be limited to that
                                 which is safe for children. Restriction of access (fence, walls, etc.) may be
                                 necessary depending on the location of the facility and the maximum depths
                                 of water.

                          5.     Side slope of storage ponds shall not exceed a ratio of two-and-one-half to
                                 one (2.5: 1) horizontal to vertical dimension.

                          6.     Landscaping shall be provided for the facility which harmonizes with the
                                 surrounding area.

                          7.     Facilities shall be located to facilitate maintenance, considering the
                                 frequency and type of equipment that will be required.

                          8.     Bottoms of detention basins should be graded with sufficient slope to
                                 provide positive surface drainage. A subdrainage system may be required
                                 depending on the location of the pond bottom relative to groundwater
                                 levels.

                          9.     Fencing shall be provided if required by the municipality.

                  Section 405 -  Criteria for Collection/Conveyance Facilities

                  (Note: The municipality should review the specific requirements of this section for
                  consistency with its existing requirements and local preferences. Specific design and
                  construction details suggested here may be modified upon recommendation of the







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               municipal engineer in order to reflect the municipality's current standard practices,
               local conditions and preferences.)

               A.       All stormwater runoff collection or conveyance facilities, whether storrn sewers or
                        other open or closed channels, shall be designed in accordance with the following
                        basic standards:

                        I      All sites shall be graded to provide drainage away from and around the
                               structure in order to prevent any potential flooding damage.

                        2.     Lots located on the high side of streets shall extend roof and French drains
                               to the curb line storm sewer (if applicable). Low side lots shall extend roof
                               and french drains to a stormwater collection/conveyance/control system or
                               natural watercourse in accordance with the approved stormwater
                               management plan for the development site.

                        3.     Collection/conveyance facilities should not be installed parallel and close to
                               the top or bottom of a major embankment to avoid the possibility of failing
                               or causing the embankment to fail.

                        4.     All collection/conveyance facilities shall be designed to convey the 25-year
                               storm peak flow rate from the contributing drainage area and to carry it to
                               the nearest suitable outlet such as a stormwater control facility, curbed
                               street, storm sewer or natural watercourse.

                        5.     Where drainage swales or open channels are used, they shall be suitably
                               lined to prevent erosion and designed to avoid excessive velocities.

               B.       In Lake Erie coastal bluff areas (as defined by the Pennsylvania Bluff Recession
                        and Setback Act of 1980), special care should be taken to properly direct, collect,
                        and discharge stormwater runoff so as to protect against bluff recession and
                        erosion. The developer's activities shall be coordinated with the municipality to
                        effect such protections. The Pennsylvania Department of Environmental Protection
                        Division of Coastal Programs may be able to provide guidance in the form of
                        technical assistance.

               (Note: This paragraph should be contained in ordinances adopted by municipalities
               that encompass coastal bluff areas.)

               C.       Wherever storm sewers are proposed to be utilized, they shall comply with the
                        following criteria:

                        I      Where practical, designed to traverse under seeded and planted areas. If
                               constructed within ten (10) feet of road paving, walks or other surfaced
                               areas, drains shall have a narrow trench and maximum compaction of
                               backfill to prevent settlement of the superimposed surface or development.








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                          2.      Preferably installed after excavating and filling in the area to be traversed is
                                  completed, unless the drain is installed in the original ground with a
                                  minimum of three (3) feet cover and/or adequate protection during the fill
                                  construction.

                          3.      Designed: (1) with cradle when traversing fill areas of indeterminate
                                  stability, (2) with anchors when gradient exceeds twenty (20) percent, and
                                  (3) with encasement or special backfill requirements when traversing under
                                  a paved area.

                          4.      Designed to adequately handle the anticipated stormwater flow and be
                                  economical to construct and maintain. The minimum pipe size shall be
                                  fifteen (15) inches in diameter.

                          5.      Drain pipe, trenching, bedding and backfilling requirements shall conform
                                  to the requirements of the municipality and/or applicable PennDOT
                                  Specifications, Form 408.

                          6.      All corrugated metal pipe shall be polymer coated, and with asbestos
                                  bonding and paved inverts where prone to erode. Pipe within a municipal
                                  right-of-way shall be reinforced concrete pipe with a minimum diameter of
                                  15 inches.

                          7.      Storm inlets and structures shall be designed to be adequate, safe, self-
                                  cleaning and unobtrusive and consistent with municipal standards.

                          8.      Approved grates shall be designed for all catch basins, stormwater inlets
                                  and other entrance appurtenances.

                          9.      Manholes shall be designed so that the top shall be at finished grade and
                                  sloped to conform to the slope of the finished grade. Top castings of
                                  structures located in roads or parking areas shall be machined or installed to
                                  preclude "rattling."

                          10.     Where a proposed storm sewer connects with an existing storm sewer
                                  system, the applicant shall demonstrate that sufficient capacity exists in the
                                  downstream system to handle the additional flow.

                          11.     Storm sewer outfalls shall be equipped with en     ergy dissipation devices to
                                  prevent erosion and conform with applicable requirements of the
                                  Pennsylvania DEP for stream encroachments (Chapter 105 of Pennsylvania
                                  DEP Rules and Regulations).











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                                                  ARTICLE V
                               EROSION AND SEDIMENTATION CONTROLS


              Section 501 - Erosion and Sedimentation Control Requirements

              A.     An erosion/sedimentation plan shall be prepared for each development site in
                     accordance with the Pennsylvania Erosion/Sedimentation Regulations (25 PA
                     Code, Chapter 102) and the standards and guidelines of the County Conservation
                     District.

              (Note: If the municipality has a grading or other ordinance which contains its
              erosion/sedimentation provisions, then it should be referenced here.)

              B.     Proposed erosion/sedimentation measures shall be submitted with the stormwater
                     management plan.







































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                                                        ARTICLE VI
                         MAINTENANCE OF STORMWATER MANAGEMENT CONTROLS

                 Section 601 - Maintenance Responsibilities

                 A.      The maintenance plan for stormwater management facilities located on the
                         development site shall establish responsibilities for the continuing operation and
                         maintenance of all proposed stormwater control facilities, consistent with the
                         following principals:

                         I       If a development consists of structures or lots which are to be separately
                                 owned and in which streets, stonn sewers and other public improvements
                                 are to be dedicated to the municipality, stormwater control facilities should
                                 also be dedicated to and maintained by the municipality.

                         2.      If a development site is to be maintained in single ownership or if storm
                                 sewers and other public improvements are to be privately owned and
                                 maintained, then the ownership and maintenance of stormwater control
                                 facilities should be the responsibility of the owner or private management
                                 entity.

                 B.      The governing body, upon recommendation of the municipal engineer, shall make
                         the final determination on the continuing maintenance responsibilities prior to final
                         approval of the stormwater management plan. The governing body reserves the
                         right to accept the ownership and operating responsibility for any or all of the
                         storinwater management controls.

                 Section 602 - Maintenance Agreement for Privately Owned Stormwater Facilities

                 A.      Prior to final approval of the site's stormwater management plan, the applicant and
                         municipality shall execute a maintenance agreement covering all stormwater
                         control facilities which are to be privately owned. The maintenance agreement
                         shall be recorded with the final subdivision/land development plan for the site. The
                         agreement shall stipulate that:

                         I .     All facilities shall be maintained in accordance with the approved
                                 maintenance schedule and in a safe and attractive manner.

                         2.      Easements and or rights-of-way shall be conveyed to the municipality to
                                 assure access for periodic inspections by the municipality and maintenance
                                 if required.

                         3.      The name,    address and telephone number of the person or company
                                 responsible for maintenance activities shall be filed with the municipality.
                                 In the event of a change, new information will be submitted to the
                                 municipality within ten (10) days of the change.







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                       4.      If the facility owner fails to maintain the stormwater control facilities, the
                               municipality may perform the necessary maintenance work or corrective
                               work following due notice by the municipality to the facility owner to
                               correct the problem(s). The facility owner shall reimburse the municipality
                               for all costs.

               B.      Other   items may be included in the agreement where determined necessary to
                       guarantee the satisfactory maintenance of all facilities.

               Section 603 - Municipal Stormwater Maintenance Fund

               (Note: This provision illustrates one way a municipality could establish a special
               fund to finance its maintenance and inspection activities for stormwater
               retention/detention facilities. It is an optional provision of the ordinance. If a
               municipality is interested in establishing such a fund, it is recommended that it
               consult with its solicitor for legal requirements and procedures.)

               A.      Persons installing stormwater storage facilities shall be required to pay a specified
                       amount to the Municipal Stormwater Maintenance Fund to help defray costs of
                       periodic inspections and maintenance expenses. The amount of the deposit shall be
                       determined as follows:

                       1 .     If the storage facility is to be privately owned and maintained, the deposit
                               shall cover the cost of periodic inspections performed by the municipality
                               for a period of ten (10) years, as estimated by the municipal engineer. After
                               that period of time, inspections will be performed at the expense of the
                               municipality.

                       2.      If the storage facility is to be owned and maintained by the municipality, the
                               deposit shall cover the estimated costs for maintenance and inspections for
                               ten (10) years. The municipal engineer will establish the estimated costs
                               utilizing infon-nation submitted by the applicant.

                       3.      The amount of the deposit to the ftind shall be converted to present worth of
                               the annual series values. The municipal engineer shall determine the
                               present worth equivalents which shall be subject to the approval of the
                               governing body.

               B.      If a storage facility is proposed that also serves as a recreation facility (e.g.,
                       ballfield, lake), the municipality may reduce or waive the amount of the
                       maintenance ftind deposit based upon the value of the land for public recreation
                       purposes.

               C.      If in the future a storage facility (whether publicly or privately owned) is eliminated
                       due to the installation of storm sewers or other storage facility, the unused portion
                       of the maintenance fund deposit will be applied to the cost of abandoning the
                       facility and connecting to the storm sewer system or other facility. Any amount of







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                      the deposit remaining after the costs of abandonment are paid will be returned to
                      the depositor.
















































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                                                          ARTICLE VI
                                         STORMWATER PLAN REQUIREMENTS

               Section 601 - General Requirements

               No final subdivision/land development plan shall be approved, no permit authorizing
               construction shall be issued, or an earth moving or land disturbance activity initiated until
               the final stormwater management plan for the site is approved in accordance with the
               provisions of this ordinance.

               Section 602 - General Exemptions

               The following activities are specifically exempt for the plan preparation provisions of this
               Ordinance unless the municipality determines that the activity is likely to, has, or will
               negatively impact the purposes and objectives set forth in Article 1. For example, where an
               activity occurs on very steep terrain or where an activity is the latest in a series of
               incremental developments expected to cause pronounced stormwater impacts, it may be
               that these activities will be required to comply with the plan preparation requirements
               contained herein even though their activities qualify under the listing in this section. Upon
               making such determination, the municipality shall give notice in writing to the land owner
               and the developer, if known, and direct the landowner and any developer to immediately
               cease and desist all activity and affirmatively comply with the formal plan, submission, and
               approval procedures of this ordinance. Exemption shall not relieve the applicant from
               providing adequate stormwater management to meet the purpose of this Ordinance.

               A.      Any regulated activity that would create 10,000 square feet or less of impervious
                       area. This criteria shall apply to the total development even if development is to
                       take place in phases.

               B.      Land disturbances associated with existing one and two family dwellings provided
                       that the activities will not create in excess of 10,000 square feet of impervious area.

               C.      Use of land for gardening for home consumption.

               D.      Agriculture when operated in accordance with a conservation plan or erosion and
                       sedimentation control plan prepared by the County Conservation District. The
                       agricultural activities such as growing crops, rotating crops, filling of soil and
                       grazing animals and other such activities are specifically exempt from complying
                       with the requirements of this Ordinance when such activities are conducted in
                       accordance with a conservation plan prepared by the Erie County Conservation
                       District. The construction of buildings, parking lots or any activity that may result
                       in impervious surface which increases the rate and volume of stormwater runoff
                       shall comply with the requirements of this Ordinance.

               E.      Forest management operations which are following the Department of
                       Environmental Protection's management practices contained in its publication "Soil







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                         Erosion and Sedimentation Control Guidelines for Forestry" and are operating
                         under an erosion and sedimentation control plan.

                 Section 602 - Exemptions

                 A.      The following activities are exempt from the stormwater management plan
                         preparation provisions of this Ordinance. Exemption shall not relieve the applicant
                         from providing. adequate stormwater management to meet the purpose of this
                         Ordinance.

                         I .  Any regulated activity that would create 10,000 square feet or less of
                              impervious area. This criteria shall apply to the total development even if
                              development is to take place in phases. Impervious cover shall include, but
                              not be limited to, any roof, parking or driveway areas and any new streets and
                              sidewalks. Any areas designed to initially be gravel or crushed stone shall be
                              assumed to be impervious for the purposes for the purpose of this exemption
                              criteria.   (Note: Municipalties may utilize a more stringent exemption
                              criteria (i.e. < 5,000 square feet) if they so desire)

                         2.   Land disturbance associated with existing one and two family dwellings.

                         3.   Use of land for gardening for home consumption.

                 Section 603 - Stormwater plan Contents

                 A.      General Format: The stormwater plan shall be drawn to a scale of not less than I
                         inch = 200 feet. All sheets shall contain atitle block with; Name and address of
                         applicant and engineer, scale, north arrow, legend and date of preparation.

                 B.      Existing and Proposed Features: The plan shall show the following under both pre-
                         development and post-development conditions:

                         I     Watershed location - Provide a key map showing the location of the
                               development site within the watershed(s) and watershed subarea(s). On all
                               site drawings, show the boundaries of the watershed(s) and subarea(s) as
                               they are located on the development site and identify watershed names(s)
                               and subarea number(s).

                         2.    Floodplain boundaries - Identify 100-year floodplains on the development
                               site (as appropriate) based on the municipal Flood Insurance Study maps.

                         3.    Natural features - Show all bodies of water (natural or artificial),
                               watercourses (permanent and intermittent), swales, wetlands and other
                               natural drainage courses on the development site, or which will be affected
                               by runoff form the development.









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                        4.      Soils - Provide an overlay showing soil types and boundaries within the
                                development site (consult county, SCS and U.S. Geological Survey for
                                information).

                        5.      Contours - Show existing and final contours at intervals of two (2) feet; in
                                areas with slopes greater than fifteen (15) percent, five (5) foot contour
                                intervals may be used.

                        6.      Land cover - Show existing and final land cover classifications as necessary
                                to support and illustrate the runoff calculations performed.

                        7.      Drainage area delineations - Show the boundaries of the drainage areas
                                employed in the runoff calculations performed.

                        8.      Stormwater management controls - Show any existing stormwater
                                management or drainage controls and/or structures, such as storin sewers,
                                swales, culverts, etc. which are located on the development site, or which
                                are located off-site but will be affected by runoff from the development.


                C.      Professional certification: The principal in charge of preparing the stormwater
                        management plan (including all calculations) shall be a registered professional
                        engineer or registered land surveyor and the stormwater management plan shall be
                        sealed by a registered professional engineer or professional land surveyor with
                        training and expertise in hydrology and hydraulics.                Documentation of
                        qualifications may be required by the municipality.

                D.      Runoff calculations: Calculations for determining pre- and post-development
                        discharge rates and for designing proposed stormwater control facilities must be
                        submitted with the stormwater management plan.             All calculations shall be
                        prepared using the methods and data prescribed by Section 102 of this Article.

                E.      Stormwater controls: All proposed stormwater runoff control measures must be
                        shown on the plan including methods for collecting, conveying and storing
                        stormwater runoff on-site, which are to be used both during and after construction.
                        Erosion and sedimentation controls shall be shown in accordance with Section 104
                        of this Article. The plan shall provide information on the exact type, location,
                        sizing, design and construction of all proposed facilities.and their relationship to the
                        existing watershed drainage system. The plan shall include technical specifications
                        for materials and methods to be used in the construction of the stormwater
                        management facilities.

                        I .     If the development is to be constructed in stages, the applicant must
                                demonstrate that stormwater facilities will be installed to manage
                                stormwater runoff safely during each stage of development.

                        2.      A schedule for the installation of all temporary and permanent stormwater
                                control measures and devices shall be submitted.







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                        3.      If appropriate, a justification should be submitted as to why any preferred
                                stormwater management techniques, as listed in Section 103, are not
                                proposed for use.

                 F.     Easements. right-of-Kays. deed restrictions: All existing and proposed easements
                        and rights-or-way for drainage and/or access to stormwater control facilities shall
                        be shown along with any areas subject to special deed restrictions relative to or
                        affecting stormwater management on the development site.

                 G.     Other 12ermits/apl2rovals: A list of any approvals/permits relative to stormwater
                        management that will be required from other governmental agencies (Pennsylvania
                        DEP Chapter 105 and 106 permits and/or NPDES permit) and anticipated dates of
                        submission/receipt should be included with the stormwater plan submission.
                        Copies of permit applications may be requested by the municipality where they
                        may be helpftil for the plan review.

                 H.     Maintenance progr       The proposed maintenance plan for all stormwater control
                        facilities shall:

                        1.      Identify the proposed ownership entity (e.g., municipality, property owner,
                                private corporation, homeowner's association, or other entity).

                        2.      Identify the type of maintenance, probable frequencies, personnel and
                                equipment requirements and estimated annual maintenance costs.
                                                                                 1
                        3.      Identify the method for financing the continuing operation and maintenance
                                of the facility if the facility is to be owned by other than a governmental
                                agency.

                        4.      Include copies of any legal agreements required to implement the
                                maintenance program and, if applicable, copies of the maintenance
                                agreement as required by Section 105 of this Article.

                 1.     Financial guarantees:     Submit financial guarantees in     accordance with the
                        provisions of Section I I I of this Article.

                 J.     Evidence of notification of downstream municipal4: The developer shall notify
                        (by certified mail) the municipality immediately downstream of the municipality
                        within which the development is proposed that a stormwater control plan has been
                        prepared and submitted. This letter should identify the location of the proposed
                        development site and the name of the affected stream. The developer shall submit a
                        copy of this letter and a copy of the certified mail return receipt.











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                                                         ARTICLE VII
                                               PLAN REVIEW PROCEDURES

               Section 7.01 - Pre-application Phase

                       A.     Before submitting the stormwater plan, applicants are urged to consult with
                              the municipality on the applicable regulations and techniques for safely
                              managing runoff from the development site. The municipality may also be
                              helpful in providing necessary data for the stormwater management plan.

                       B.     Applicants are encouraged to submit a sketch plan with a narrative
                              description of the proposed stormwater management controls for general
                              guidance and discussion with the municipality and other agencies.

                       C.
                              The pre-application phase is not mandatory; any review comments provided
                              by the municipality are advisory only and do not constitute any legally
                              binding action on the part of the municipality.

               Section 7.02 - Stormwater Plan Reviews

               A.      Submission of 121ans: Stormwater plan applications shall be submitted with the
                       preliminary and final subdivision/land development applications.

               B.      Notification of affected municil2alilies:    The developer is required to notify
                       rnunicipalities immediately downstream of the development site that a stormwater
                       control plan has been submitted. Copies of the plans will be made available to the
                       municipalities upon request. Comments received from any affected municipality
                       will be considered by the municipal engineer and county agencies in their reviews.

               C.      1\4unicil2al engineer's review: The municipal engineer shall recommend approval or
                       disapproval of the stormwater management plan based on the requirements of the
                       municipal ordinances, the standards and criteria of the watershed plan and good
                       engineering practice. The engineer shall submit a written report, along with
                       supporting documentation, stating their reasons for approval or disapproval.


                       (Note: 1) If the municipal Planning Commission has the final authority for
                       approving plans, then this section should be changed as appropriate.)

               E.      Permits required from other governmental agencies:            Where the proposed
                       development requires an obstruction permit from the Pennsylvania DEP or an
                       erosion/sedimentation permit from the County Conservation District, final
                       stormwater management plan approval shall be granted subject to the receipt of
                       such permits. No building permit shall be issued, nor construction started, until the
                       permits are received and copies filed with the municipality.

               Section 703 - Status of the Stormwater Plan after Final Approval






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                 A.      Upon final stormwater plan approval, receipt of all necessary permits, and
                         recording of the final subdivision or land development plan in the Erie County
                         Recorder of Deeds Office, the applicant may commence to install or implement the
                         approved stormwater management controls.

                 B.      If site development or building construction does not begin within two years of the
                         date of final approval of the stormwater management plan, then before doing so, the
                         applicant shall resubmit the stormwater management plan to verify that no
                         condition has changed within the watershed that would affect the feasibility or
                         effectiveness of the previously approved stormwater management controls.
                         Further, if for any reason development activities are suspended for two years or
                         more, then the same requirement for resubmission of the stormwater management
                         plan shall apply.

                 Section 704 - Stormwater Plan Modifications

                 A.      If the request for a plan modification is initiated before construction begins, the
                         stormwater plan must be resubmitted and reviewed according to the procedures
                         contained in Section 107 above.

                 B.      If the request for a plan modification is initiated after construction is underway, the
                         municipal engineer shall recommend approval or disapproval of the modification
                         based on field inspection provided: (1) the requested changes in stormwater
                         controls do not result in any modifications to other approved municipal land
                         use/development requirements (e.g., building setbacks, yards, etc.) and (2) the
                         performance standards in Section 102 are met. Notification of the engineer's action
                         shall be sent to the governing body which may issue a stay of the plan modification
                         within fourteen (14) days and require the permittee to resubmit the plan
                         modification for full stormwater plan review in accordance with Section 107 above.


























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                                                      ARTICLE VIII
                        INSPECTIONS OF STORMWATER MANAGEMENT CONTROLS


                Section 8.01 - Inspections

                A.      The municipal engineer or a designated representative of the municipality shall
                        inspect the construction of the temporary and perinanent stormwater management
                        system for the development site. The permittee shall notify the municipal engineer
                        48 hours in advance of the completion of the following key development phases:

                        I .    At the completion of preliminary site preparation including stripping of
                               vegetation, stockpiling of topsoil and construction of temporary stormwater
                               management and erosion control facilities.

                        2.     At the completion of rough grading but prior to placing topsoil, permanent
                               drainage or other site development improvements and ground covers.

                        3.     During construction of the permanent stormwater facilities at such times as
                               specified by the municipal engineer.

                        4.     Completion of permanent stormwater management facilities including
                               established ground covers and plantings.

                        5.     Completion of final grading, vegetative control measures or other site
                               restoration work done in accordance with the approved plan and permit.

                B.      No work shall commence on any subsequent phase until the preceding one has been
                        inspected and approved. If there are deficiencies in any phase, the municipal
                        engineer shall issue a written description of the required corrections and stipulate
                        the time by which they must be made.

                C.      If during construction, the contractor or permittee identifies any site condition, such
                        as subsurface soil conditions, alterations in surface or subsurface drainage which
                        could affect the feasibility of the approved stormwater facilities, he/she shall notify
                        the municipal engineer within 24 hours of the discovery of such condition and
                        request a field inspection. The municipal engineer shall determine if the condition
                        requires a stormwater plan modification.

                D.      In cases where stormwater facilities are to be installed in areas of landslide-prone
                        soils or other special site conditions exist, the municipality may require special
                        precautions such as soil tests and core borings, full-time inspectors and/or similar
                        measures. All costs of any such measures shall be borne by the permittee.










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                                                         ARTICLE IX
                  FINANCIAL GUARANTEES AND DEDICATION OF PUBLIC IMPROVEMENTS

                  Section 9.01 - Financial Guarantees

                  A.      Guarantee of completion: A completion guarantee in the form of a bond, cash
                          deposit, certified check or other negotiable securities acceptable to the municipality,
                          shall be filed. The guarantee shall cover all streets, sanitary sewers, stormwater
                          management facilities, water systems, fire hydrants, sidewalks and other required
                          improvements; it shall be in the amount and form prescribed by the Pennsylvania
                          Municipal Planning Code (Section 509).

                  B.      Release of completion guarantee: The procedures for requesting and obtaining a
                          release of the completion guarantee shall be in a manner prescribed by the
                          Pennsylvania Municipalities Planning Code (Section 5 10).

                  C.      Default of completion guarantee: If improvements are not installed in accordance
                          with the approved final plan, the governing body may enforce any corporate bond
                          or other security by appropriate legal and equitable remedies. If proceeds of such
                          bond or other security are insufficient to pay the cost of installing or making repairs
                          or corrections to all the improvements covered by said security, the governing body
                          may at its option install part of such improvements in all or part of the development
                          and may institute appropriate legal or equitable action to recover the moneys
                          necessary to complete the remainder of the improvements. All proceeds, whether
                          resulting from the security or from any legal or equitable action brought against the
                          developer, or both, shall be used solely for the installation of the improvements
                          covered by such security and not for any other municipal purpose.

                  Section 9.02 - Dedication of Public Improvements

                  A.      When streets, sanitary sewers, stormwater management facilities, water lines or
                          other required improvements in the development have been completed in
                          accordance with the final approved plan, such improvements shall be deemed
                          private until such time as they have been offered for dedication to the municipality
                          and accepted by separate ordinance or resolution or until they have been
                          condemned for use as a public facility.

                  B.      Prior to acceptance of any improvements or facilities, the municipal engineer shall
                          inspect them to ensure that they are constructed in accordance with the approved
                          plan and are functioning properly. In the case of any stormwater control facility, it
                          must be free of sediment and debris.

                  C.      The owner shall submit as-built plans for all facilities proposed for dedication.

                  D.      Prior to acceptance of any improvements or facilities, the applicant shall provide a
                          financial security to secure the structural integrity and functioning of the
                          improvements. The security shall: (1) be in the form of a bond, cash, certified
                          check or other negotiable securities acceptable to the municipality, (2) be for a term






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                     of 36 months, and (3) be in an amount equal to 25 percent of the actual cost of the
                     improvements and facilities so dedicated.

              (Note: The duration and amount of the security may be established at the discretion
              of the municipality.)




















































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                                                       ARTICLE X
                                                          FEES


                Section 1001 - Fee ScheduIe

                The municipal governing body may adopt by resolution from time to time a reasonable
                schedule of fees to cover the cost of plan reviews, inspections and other activities
                necessary to administer the provisions of this ordinance. All fees shall be set in accordance
                with the applicable provisions of the Pennsylvania Municipalities Planning Code and any
                dispute over the fee amount shall be resolved in the manner prescribed by the Pennsylvania
                Municipalities Planning Code.













































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                                                      ARTICLE XI
                                 ENFORCEMENT PROCEDURES AND REMEDIES


                Section 1101 - Right of Entry

                Upon presentation of proper credentials, duly authorized representatives of the
                municipality may enter at reasonable times upon any property to investigate or ascertain
                the condition of the subject property in regard to an aspect regulated by this ordinance.

                Section 1102 - Notification

                In the event that the applicant, developer, owner or his/her agent fails to comply with the
                requirements of this ordinance or fails to conform to the requirements of any permit, a
                written notice of violation shall be issued by the municipal engineer or any designated
                municipal official. Such notification shall set forth the nature of the violations(s) and
                establish a time limit for correction of the violation(s). Upon failure to comply within the
                time specified, unless otherwise extended by the municipality, the applicant, developer,
                owner or his/her agent shall be subject to the enforcement remedies of this ordinance.

                Section 1103 - Preventive Remedies

                A.     In addition to other remedies, the municipality may institute and maintain
                       appropriate actions by law or in equity to restrain, correct or abate a violation, to
                       prevent unlawful construction, to recover damages and to prevent illegal occupancy
                       of a building or premises.

                B.     In accordance with the Pennsylvania Municipalities Planning Code (Sec. 515.1),
                       the municipality may reftise to issue any pen-nit or grant approval to further
                       improve or develop any property which has been developed in violation of this
                       ordinance.

                Section 1104 - Enforcement Remedies

                A.     Any person, who has violated or permitted the violation of the provisions of this
                       Ordinance shall, upon being found liable therefor in a civil enforcement proceeding
                       commenced by the municipality, pay a fine of not less than $            and not more
                       than $          plus court costs, including reasonable attorney fees incurred by the
                       municipality. No judgment shall commence or be imposed, levied or be payable
                       until the date of the determination of a violation by the district justice.

                B.     If the defendant neither pays nor timely appeals the judgment, the municipality may
                       enforce the judgment pursuant to applicable rules of civil procedure.

                C.     Each day that a violation continues shall constitute a separate violation unless the
                       district justice further determines that there was a good faith basis for the person
                       violating the ordinance to have believed that there was no such violation. In such
                       case there shall be deemed to have been only one such violation until the fifth day






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                        following the date of the district justice's determination of a violation; thereafter
                        each day that a violation continues shall constitute a separate violation.

                 D.     All judgments, costs and reasonable attorney fees collected for the violation of this
                        Ordinance shall be paid over to the municipality.

                 E.     The court of common pleas, upon petition, may grant an order of stay, upon cause
                        shown, tolling the per them fine pending a final adjudication of the violation and
                        judgment.

                 F.     Nothing contained in this section shall be construed or interpreted to grant to any
                        person or entity other than the municipality the right to commence any action for
                        enforcement pursuant to this section.

                 Section 1105 - Additional Remedies

                 In addition to the above remedies, the municipality may also seek remedies and penalties
                 under applicable Pennsylvania statutes, or regulations adopted pursuant thereto, including
                 but not limited to the Storm Water Management Act (32 P.S. Section 693.1-693.27) and
                 the Erosion and Sedimentation Regulations (25 Pennsylvania Code, Chapter 102). Any
                 activity conducted in violation of this ordinance or any Pennsylvania approved watershed
                 storrnwater management plan may be declared a public nuisance by the municipality and
                 abatable as such.







































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                                                 Appendix A
                                      Assigned Release Rate Percentages


              Release Rate Area    Assigned Release    Release Rate Area    Assigned Release
                 Identification     Rate Percentage       Identification     Rate Percentage
                   Number                                   Number
                       1                  100                  26                  90
                       2                  80                   27                  80
                       3                  90                   28                  80
                       4                  80                   29                  90
                       5                  70                   30                  80
                       6                  90                   31                  80
                       7                  80                   32                  90
                       8                  80                   33                  80
                       9                  90                   34                  90
                       10                 80                   35                  70
                       11                 80                   36                  80
                       12                 80                   37                  80
                       13                 80                   38                  90
                       14                 80                   39                  90
                       15                 70                   40                  80
                       16                 90                   41                  90
                       17                 90                   42                  70
                       18                 80                   43                  80
                       19                 80                   44                  80
                       20                 80                   45                  70
                       21                 90                   46                  90
                       22                 70                   47                  80
                       23                 100                  48                  80
                       24                 80                   49                  80
                       25                 80                   50                  70



              Note: Release Rate Identification Numbers refer to numbers indicated on the Release Rate
              Percentage Map.











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                    MODEL ORDINANCE FOR AMENDING EXISTING ORDINANCES TO
                  REFERENCE AND INCLUDE THE PROVISIONS OF THE STORMWATER
                                                MANAGEMENTPLAN


                      An Ordinance amending [municipal name] Ordinance No.                   known as the
               [name of ordinance], in order to reference and include the provisions of the Lake Erie / Elk
               Creek Watershed Stormwater Management Plan.


                      WHEREAS, the [name of municipal governing body] has recommended to amend
               [municipal name] Ordinance No.              . known as the [name of ordinance] in order to
               include and reference the provisions of the Lake Erie / Elk Creek Watershed Stormwater
               Management Plan; and

                      WHEREAS, the [municipal name] Planning Commission after public hearing and
               due notice, has recommended that [name of municipality] Ordinance No.                      be
               amended as set forth herein; and

                      WHEREAS, after due and timely notice by publication, as required by law, public
               hearing upon the proposed amendment making the change as set forth herein;

                      NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the [name of
               municipal governing body] of [municipal name], Erie County, Pennsylvania, that
               {municipal name) Ordinance No.             known as the {name of ordinance), be hereby
               amended as follows:

                      Section _ [specify section being created] which reads as follows, be added to
               the [name of ordinance]:

                      In addition to the requirements of this ordinance, all subdivision and land
               development activity shall comply with the provisions of Ordinance No.           , known as
               the                    [number and name of the municipality's stormwater management
               ordinance].


                      [The following sections should be added if the stormwater ordinance does not
               include them Note the that the model stormwater management ordinance contains
               these provisions.]

                      Section        Any Ordinance or provisions of any Ordinance inconsistent with the provisions of
               the stormwater requirements of this Ordinance are hereby repealed to the extent of the inconsistency only.

                      Section      . Any provision , section, subsection, sentence, clause, phrase, or portion thereof
               which is declared invalid by a court of competent jurisdiction, such holdings shall not be construed as to
               affect the validity of any other provision, section, sentence, clause, or phrase of the remaining provisions.








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                    It is hereby declared that the legislative intent was that this Ordinance would have been adopted had such
                    invalid provisions of its application not been included herein.





                                                                                [Name of municipal governing body]





                                                                                [name and title]





                                                                                [name and title]





                                                                                fname and title]




                            Attest:




                            [name], Secretary (type or print)



                                     I hereby certify that the foregoing Ordinance was advertised in the [name of newspaper]
                    on [date], a newspaper of general circulation in the municipality and was duly enacted and approved as set
                    forth at the regular meeting of the [name of municipal governing body] held on [date].






                                                                                [name    Secretary















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                                                                                                                                     NOAA COASTAL SERVICES CTR LIBRARY



                                                                                                                                     3 6668 14111624 6