Williamsport City Zoning Code

TITLE ELEVEN

STORM WATER MANAGEMENT

APPENDIX A: OPERATION AND MAINTENANCE (O&M) AGREEMENT STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES (SWM BMPs)

THIS AGREEMENT, made and entered into this day of , 20 , by and between (hereinafter the "Landowner"), and , Lycoming County, Pennsylvania, (hereinafter "City of Williamsport");

WITNESSETH

WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of Lycoming County, Pennsylvania, Deed Book at Page (hereinafter "Property").

WHEREAS, the Landowner is proceeding to build and develop the Property; and

WHEREAS, the SWM BMP Operation and Maintenance (O&M) Plan approved by the City of Williamsport (hereinafter referred to as the "O&M Plan") for the property identified herein, which is attached hereto as Appendix A and made part hereof, as approved by the City of Williamsport, provides for management of stormwater within the confines of the Property through the use of BMPs; and

WHEREAS, the City of Williamsport, and the Landowner, his successors and assigns, agree that the health, safety, and welfare of the residents of the City of Williamsport and the protection and maintenance of water quality require that on-site SWM BMPs be constructed and maintained on the Property; and

WHEREAS, the City of Williamsport requires, through the implementation of the SWM Site Plan, that SWM BMP's as required by said SWM Site Plan and the Municipal Stormwater Management Ordinance be constructed and adequately operated and maintained by the Landowner, successors, and assigns.

NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.

2. The Landowner shall operate and maintain the BMPs as shown on the SWM Site Plan in good working order in accordance with the specific operation and maintenance requirements noted on the approved O&M Plan.

3. The Landowner hereby grants permission to the City of Williamsport, its authorized agents and employees, to enter upon the property, at reasonable times and upon presentation of proper credentials, to inspect the BMPs whenever necessary. Whenever possible, the City of Williamsport shall notify the Landowner prior to entering the property.

4. In the event the Landowner fails to operate and maintain the BMPs per paragraph 2, the City of Williamsport or its representatives may enter upon the Property and take whatever action is deemed necessary to maintain said BMP(s). It is expressly understood and agreed that the City of Williamsport is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City of Williamsport.

5. In the event the City of Williamsport, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner shall reimburse the City of Williamsport for all expenses (direct and indirect) incurred within 10 days of receipt of invoice from the City of Williamsport.

6. The intent and purpose of this Agreement is to ensure the proper maintenance of the on-site BMPs by the Landowner; provided, however, that this Agreement shall not be deemed to create any additional liability of any party for damage alleged to result from or be caused by stom1water runoff.

7. The Landowner, its executors, administrators, assigns, and other successors in interests, shall release the City of Williamsport from all damages, accidents, casualties, occurrences or claims which might arise or be asserted against said employees and representatives from the construction, presence, existence, or maintenance of the BMP(s) by the Landowner or City of Williamsport.

8. The City of Williamsport intends to inspect the BMPs at a minimum or once evety three years to ensure their continued function in.

This Agreement shall be recorded at the Office of the Recorder of Deeds of Lycoming County, Pennsylvania, and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interests, in perpetuity.

ATTEST:

WITNESS the following signatures and seals:

(SEAL) For the City of Williamsport:

(SEAL) For the Landowner:

ATTEST:

(City, Borough, Township)

County of Lycoming, Pennsylvania

I, , a Notary Public in and for the County and State aforesaid, whose commission expires on the day of 20 , do hereby certify that whose name(s) is/are signed to the foregoing Agreement bearing date of the day of , 20 , has acknowledged the same before me in my said County and State.

GIVEN UNDER MY HAND THIS day of , 20

NOTARY PUBLIC (SEAL)

(Ord. 6481, approved 3-14-2024)

APPENDIX B: STORM WATER MANAGEMENT PLAN (SMP) REQUIREMENTS

Plan Requir ement	Impervious Area*	Disturbed Area*	Refe renc es
Exempt	<1,000 sq. ft.	<5,000 sq. ft.	§ 1393.02(a)
Minor SMP	1,000 sq. ft. to <5,000 sq, ft. if connected to impervious areas	5,000 sq. ft to <20,000 sq. ft with point source to surface waters	§ 1393.05(n)
SMP	5,000 sq. ft. or greater	20,000 sq. ft. or greater	§ 1393.05(o)
* The measurement of impervious or disturbed areas shall include all of the impervious or disturbed areas in the total proposed development even if development is to take place in stages (§ 1393.01(f)).

(Ord. 6481, approved 3-14-2024)

APPENDIX C: SAMPLE MINOR STORM WATER MANAGEMENT PLAN

( Ord . 6481 , approved 3-14-2024)

APPENDIX D: RUNOFF COEFFICIENTS FOR THE RATIONAL FORMULA BY HYDROLOGIC SOIL GROUP AND OVERLAND SLOPE

Note: Appendix A through E are available in PDF format for ease of printing. Click HERE.

(Ord. 6481, approved 3-14-2024)

§ 1391.01 SHORT TITLE.

This title shall be known and may be cited as the “City of Williamsport Storm Water Management Ordinance”.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.02 STATEMENT OF FINDINGS.

The City of Williamsport finds that:

(a) Inadequate management of accelerated runoff of storm water resulting from development throughout a watershed increases runoff volumes, flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control storm water, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety and increases non-point source pollution of water resources;

(b) A comprehensive program of storm water management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, their resources and the environment;

(c) Storm water is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams;

(d) The use of green infrastructure and low impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology;

(e) Federal and state regulations require certain municipalities to implement a program of storm water controls. These municipalities are required to obtain a permit for storm water discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES) program.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.03 PURPOSE.

The purpose of this title is to promote health, safety, and welfare within the City of Williamsport and its watershed by minimizing the harms and maximizing the benefits described in § 1391.02 of this title, through provisions designed to:

(a) Meet legal water quality requirements under state law, including regulations at 25 Pa.Code, 93, to protect, maintain, reclaim and restore the existing and designated uses of the waters of this Commonwealth;

(b) Preserve natural drainage svstems;

(d) Provide procedures and performance standards for storm water planning and management;

(e) Maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources;

(f) Prevent scour and erosion of stream banks and streambeds;

(g) Provide proper operations and maintenance of all Storm Water best management practices (BMPs) that are implemented within the City of Williamsport;

(h) Provide standards to meet NPDES permit requirements; and

(i) Encourage the provision or upgrade of storm water BMPs for existing development.(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.04 STATUTORY AUTHORITY.

Primary authority. The City of Williamsport is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended, and/or the Act of 10-4-1978, P.L. 864 (Act 167), 32 P.S. §§ 680.1 et seq., as amended, The Storm Water Management Act.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.05 APPLICABILITY.

All regulated activities and all activities that may affect storm water runoff, including land development and earth disturbance activity, are subject to regulation by this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.06 REPEALER.

Any other ordinance provision(s) or regulation of the City of Williamsport inconsistent with any of the provisions of this title is hereby repealed to the extent of the inconsistency only.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.07 SEVERABILITY.

In the event that a court of competent jurisdiction declares any section or provision of this title invalid, such decision shall not affect the validity of any of the remaining provisions of this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.08 COMPATIBILITY WITH OTHER ORDINANCE REQUIREMENTS.

Approvals issued and actions taken under this title do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.09 EFFECT OF WATERSHED STORM WATER PLANS.

(a) After adoption and approval of a watershed storm water plan in accordance with this act, the location, design and construction within the watershed of storm water management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the Commonwealth shall be conducted in a manner consistent with the watershed storm water plan.

(b) Within six months following adoption and approval of the watershed storm water plan, the City of Williamsport shall adopt or amend, and shall implement such ordinances and regulations, including zoning, subdivision and development, building code and erosion and sedimentation ordinances, as are necessary to regulate development within the City of Williamsport in a manner consistent with the applicable watershed storm water plan and the provisions of this act.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1391.10 ERRONEOUS PERMIT.

Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the City of Williamsport purporting to validate such a violation.

(Ord. 6481, approved 3-14-2024)

§ 1391.11 WAIVERS.

(a) If the City of Williamsport determines that any requirement under this Title cannot be achieved for a particular regulated activity. the City of Williamsport may, after an evaluation of alternatives, approve measures other than those in this Title, subject to § 1391.11(b) and (c).

(b) Waivers or modifications of the requirements of this Title may be approved by the City of Williamsport if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the Title is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the Title. A request for modifications shall be in writing and accompany the Stormwater Management Site Plan submission. The request shall provide the facts on which the request is based, the provision(s) of the Title involved and the proposed modification.

(c) No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the City of Williamsport unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.

(Ord. 6481, approved 3-14-2024)

§ 1392.01 DEFINITIONS.

For the purposes of this title, certain terms and words used herein shall be interpreted as follows.

(a) Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.

(b) The word “includes” or “including” shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.

(d) These definitions do not necessarily reflect the definitions contained in pertinent regulations or statutes, and are intended for this Title only.

AGRICULTURAL ACTIVITY. Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an AGRICULTURAL ACTIVITY.

APPLICANT. A landowner, developer or other person who has filed an application to the City of Williamsport for approval to engage in any regulated activity at a project site in the City of Williamsport.

BEST MANAGEMENT PRACTICE (BMP). Activities, facilities, designs, measures or procedures used to manage storm water impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this title. STORM WATER BMPs are commonly grouped into one of two broad categories or measures: “structural” or “non-structural”. In this title, non-structural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with storm water runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat storm water runoff. STRUCTURAL BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins and manufactured devices. STRUCTURAL STORM WATER BMPs are permanent appurtenances to the project site.

CITY OF WILLIAMSPORT. City of Williamsport, Lycoming County, Pennsylvania, or its designee.

CONSERVATION DISTRICT. A conservation district, as defined in § 3(c) of the Conservation District Law (3 P.S. § 851(c)), which has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code 102.

DESIGN STORM. The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of storm water management systems. Also see RETURN PERIOD.

DETENTION VOLUME. The volume of runoff that is captured and released into the waters of the commonwealth at a controlled rate.

DEP. The Pennsylvania Department of Environmental Protection.

DEVELOPMENT SITE (SITE). See PROJECT SITE.

DISTURBED AREA. An unstabilized land area where an earth disturbance is occurring or has occurred.

EARTH DISTURBANCE ACTIVITY. A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling or storing of soil, rock or earth materials.

EROSION. The natural process by which the surface of the land is worn away by water, wind or chemical action.

EXISTING CONDITION. The dominant land cover during the five-year period immediately preceding a proposed regulated activity.

FEMA. Federal Emergency Management Agency.

FLOODPLAIN. Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Included are lands adjoining a river or stream that have been or may be expected to be inundated by a 100-year flood. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).

FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance, studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

FOREST MANAGEMENT/TIMBER OPERATIONS. Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation.

GREEN INFRASTRUCTURE. Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.

HYDROLOGIC SOIL GROUP (HSG). Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS).

IMPERVIOUS SURFACE (IMPERVIOUS AREA). A surface that prevents the infiltration of water into the ground. IMPERVIOUS SURFACES (OR AREAS) shall include, but not be limited to, roofs; additional indoor living spaces, patios, garages, storage sheds and similar structures; and any new streets or sidewalks. Decks, parking areas and driveway areas are not counted as impervious areas if they do not prevent infiltration.

KARST. A type of topography or landscape characterized by surface depressions, sink holes, rock pinnacles/uneven bedrock surface, underground drainage and caves. KARST is formed on carbonate rocks, such as limestone or dolomite.

LAND DEVELOPMENT (DEVELOPMENT). Inclusive of any or all of the following meanings: (i) 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 buildings or (b) the division or allocation of land or space 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: (ii) any subdivision of land; (iii) development in accordance with Section 503(1.1) of the PA Municipalities Planning Code.

(1) The division of a parcel of land into two or more parcels;

(2) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings, structures or accessory structures;

(3) Any use or change in use of buildings or land;

(4) Any extension of the use of land;

(5) Any clearing, grading, or other movement of land;

(6) Mining, dredging, filling, grading, paving, excavation or drilling operations; and

(7) The storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities; for which permission may be required pursuant to a municipal land development ordinance.

LOW IMPACT DEVELOPMENT. Site design approaches and small-scale stormwater management practices that promote the use of natural systems for infiltration, evapotranspiration, and reuse of rainwater. LID can be applied to new development, urban retrofits, and revitalization projects. LID utilizes design techniques that infiltrate, filter, evaporate, and store runoff close to its source. Rather than rely on costly large-scale conveyance and treatment systems, LID addresses stormwater through a variety of small, cost-effective landscape features located on-site.

NRCS–USDA. Natural Resources Conservation Service (previously SCS).

PEAK DISCHARGE. The maximum rate of storm water runoff from a specific storm event.

PERVIOUS AREA. Any area not defined as impervious.

PROJECT SITE. The specific area of land where any regulated activities in the City of Williamsport are planned, conducted or maintained.

QUALIFIED PROFESSIONAL. Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this title.

REGULATED ACTIVITIES. Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect storm water runoff.

REGULATED EARTH DISTURBANCE ACTIVITY. Activity involving earth disturbance subject to regulation under 25 Pa.Code 92, Code 102, or the Clean Streams Law.

RETENTION VOLUME/REMOVED RUNOFF. The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event.

RETURN PERIOD. The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the 25-year return period rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a 25-year storm occurring in any one year is 0.04 (i.e., a 4% chance).

RIPARIAN BUFFER. A permanent area of trees and shrubs located adjacent to streams, lakes, ponds and wetlands.

RUNOFF. Any part of precipitation that flows over the land.

SEDIMENT. Soils or other materials transported by surface water as a product of erosion.

STATE WATER QUALITY REQUIREMENTS. The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code, and the Clean Streams Law.

STORM WATER. Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

STORM WATER MANAGEMENT FACILITY. Any structure, natural or human-made, that, due to its condition, design or construction, conveys, stores or otherwise affects storm water runoff. Typical STORM WATER MANAGEMENT FACILITIES include, but are not limited to: detention and retention basins, open channels, storm sewers, pipes and infiltration facilities.

STORM WATER MANAGEMENT PLAN. The City of Williamsport’s Storm Water Management Plan for managing storm water runoff adopted by the County of Lycoming as required by the Act of 10-4-1978, P.L. 864, (Act 167), as amended, and known as the Storm Water Management Act.

STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICES. Abbreviated as SWM BMPs throughout this title. "Stormwater Control Measures" is equivalent to "Best Management Practices".

STORM WATER MANAGEMENT SITE PLAN. The plan prepared by the developer or his or her representative indicating how storm water runoff will be managed at the development site in accordance with this title. STORM WATER MANAGEMENT SITE PLAN will be designated as SWM Site Plan throughout this title.

STREAM. For purposes of administration of this title (other regulatory agencies such as the United States Army Corps of Engineers have a different definition), a stream is defined as a perennial and intermittent watercourses identified through site inspection and U.S. Geological Survey (U.S.G.S.) maps. PERENNIAL STREAMS are those which are depicted on a U.S.G.S. map with a solid blue line. INTERMITTENT STREAMS are those which are depicted on a U.S.G.S. map with a dotted blue line.

SUBDIVISION. As defined in The Pennsylvania Municipalities Planning Code, Act of 7-31-1968, P.L. 805, No. 247.

USDA. United States Department of Agriculture.

WATERS OF THIS COMMONWEALTH. Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

WATERSHED. Region or area drained by a river, watercourse or other surface water of this commonwealth.

WETLAND. Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.01 GENERAL REQUIREMENTS.

(a) For all regulated activities, unless preparation of an SWM Site Plan is specifically exempted in § 1393.02:

(1) Preparation and implementation of an approved SWM Site Plan is required; and

(2) No regulated activities shall commence until the City of Williamsport issues written approval of an SWM Site Plan, which demonstrates compliance with the requirements of this title.

(b) SWM Site Plans approved by the City of Williamsport, in accordance with § 1394.06, shall be on site throughout the duration of the regulated activity.

(c) The City of Williamsport may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this title; provided that, they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.

(d) For all regulated activities, implementation of the volume controls in § 1393.03 is required unless exempt under § 1393.02.

(e) For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated and maintained during the regulated earth disturbance activities (e.g., during construction), to meet the purposes and requirements of this title and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-008, as amended and updated.

(f) Impervious areas.

(1) The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.

(2) For development taking place in stages, the entire development plan must be used in determining conformance with this title.

(3) For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this title; except that the volume controls in § 1393.03 and the peak rate controls of § 1393.04 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.

(g) Storm water flows onto adjacent property shall not be created, increased, decreased, relocated or otherwise altered without written notification to and formal concurrence from the adjacent property owner(s). Such storm water flows shall be subject to the requirements of this title.

(h) All regulated activities shall include such measures as necessary to:

(1) Protect health safety, and property;

(2) Meet state water quality requirements as defined in Art. 1392;

(3) Meet the water quality goals of this title by implementing measures to:

(A) Minimize disturbance to floodplains, wetlands, and wooded areas;

(B) Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffers. Provide trees and woodlands adjacent to impervious areas whenever feasible;

(D) Minimize soil disturbance and soil compaction. Cover disturbed areas and replace topsoil to a depth sufficient to achieve vegetated cover or four inches, whichever is greater. Use tracked equipment for grading when feasible;

(E) Minimize thermal impacts to waters of this Commonwealth; and

(F) Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.

(4) Incorporate methods described in the Pennsylvania Storm water Best Management Practices Manual (PA BMP Manual).

(i) The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.

(j) Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this Title.

(k) Normally dry, open top, storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.

(l) The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the latest version of the Precipitation-Frequency Atlas of the United States, National Oceanic and Atmospheric Administration (NOAA). National Weather Service, Hydrometeorological Design Studies Center. Silver Spring, Maryland. NOAA/s Atlas 146 can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/.

(m) For all regulated activities, SWM BMPs shall be designed, implemented, operated and maintained to meet the purposes and requirements of this title and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.

(n) Various BMPs and their design standards are listed in the BMP Manual.

(o) All materials, workmanship and methods of work shall comply with the Pennsylvania Department of Transportation (PA DOT) Publication 408 Specifications, as accepted and commonly used by the City of Williamsport, and shall be considered to be incorporated into this article as if copied in full. In the event a conflict arises between the requirements of this Title and the PA DOT Publication 408 Specifications, the City of Williamsport shall resolve the difference, and said opinion shall be binding.

(p) Supplemental standards and criteria contained in Art. 1399 are hereby incorporated into this title to govern the hydrologic and hydraulic design provisions contained herein.

(q) The signature and seal of a registered professional engineer, if required, must be provided at the time of plan submission.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.02 EXEMPTIONS.

(a) Regulated activities that create impervious areas smaller in area than 1,000 square feet and regulated activities that disturb less than 5,000 square feet are exempt from the peak rate control and the SWM Site Plan preparation requirement of this title. Refer to the Storm Water Management Plan (SMP) requirements in §§ 1393.03, 1393.04 and Article 1394 of this Title and Appendix B;

(b) Agricultural activity is exempt from the SWM Site Plan preparation requirements of this Title provided the activities are performed according to the requirements of 25 Pa.Code Ch. 102;

(c) Forest management and timber operations are exempt from the SWM Site Plan preparation requirements of this title provided the activities are performed according to the requirements of 25 Pa.Code Ch. 102;

(d) The City of Williamsport shall require an acceptable minor SWM Plan, as described in § 1393.05(n) and Appendix B, be submitted; provided that:

(1) Regulated activities that create impervious areas, if connected to impervious areas, equal to or greater than 1,000 square feet and less than 5,000 square feet;

(2) Regulated activities that disturb equal to or greater than 5,000 square feet and less than 20,000 square feet with point source discharge to surface waters; and

(3) Refer to the storm water management plan (SMP) requirements in Appendix B. A sample minor storm water management plan can be found in Appendix C.

(e) The City of Williamsport may include permit conditions to specify that regulated activities maintain a minimum distance between proposed impervious areas/stormwater management facility outlets and down slope property line(s);

(f) Exemptions from any provisions of this Title shall not relieve the applicant from the requirements in § 1393.01(f) through (m); and

(g) The City of Williamsport may deny or revoke any exemption pursuant to this section at any time for any project that the City of Williamsport believes may pose a threat to public health and safety or the environment.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.03 VOLUME CONTROLS.

The green infrastructure and low impact development practices provided in the BMP Manual shall be utilized for all regulated activities wherever possible. Water volume controls shall be implemented using the Design Storm Method in subsection (a) or the Simplified Method in subsection (b) below. For regulated activity areas equal or less than one acre that do not require hydrologic routing to design the storm water facilities, this title establishes no preference for either methodology; therefore, the applicant may select either methodology on the basis of economic considerations, the intrinsic limitations on applicability of the analytical procedures associated with each methodology and other factors.

(a) The Design Storm Method (CG-1 in the BMP Manual) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.

(1) Do not increase the post-development total runoff volume for all storms equal to or less than the two-year 24-hour duration precipitation; and

(2) For modeling purposes:

(A) Existing (pre-development) non-forested pervious areas must be considered meadow in good condition; and

(B) Twenty percent of existing impervious area, when present, shall be considered meadow in good condition in the model for existing conditions.

(b) The Simplified Method (CG-2 in the BMP Manual) provided below is independent of site conditions and should be used if the Design Storm Method is not followed. This method is not applicable to regulated activities that disturb greater than one acre, or for projects that require design of storm water storage facilities. For new impervious surfaces:

(1) Storm water facilities shall capture at least the first two inches of runoff from all new impervious surfaces;

(2) At least the first one inch of runoff from new impervious surfaces shall be permanently removed from the runoff flow (i.e., it shall not be released into the surface waters of this commonwealth). Removal options include reuse, evaporation, transpiration and infiltration;

(3) Wherever possible, infiltration facilities should be designed to accommodate infiltration of the entire permanently removed runoff; however, in all cases at least the first one-half inch of the permanently removed runoff should be infiltrated; and

(4) This method is exempt from the requirements of § 1393.04.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.04 RATE CONTROLS.

(a) For areas not covered by a release rate map from an approved Act 167, Storm Water Management Plan: post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, 25-, 50- and 100-year, 24-hour, storm events. If it is shown that the peak rates of discharge indicated by the post-development analysis are less than or equal to the peak rates of discharge indicated by the pre-development analysis for one-, two-, five-, ten-, 25-, 50- and 100-year, 24-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement.

(b) For areas covered by a release rate map from an approved Act 167 Storm water Management Plan: for the one-, two-, five-, ten-, 25-, 50- and 100-year, 24-hour storm events, the post-development peak discharge rates will follow the applicable approved release rate maps. For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.05 TECHNICAL DESIGN STANDARDS.

All regulated activities shall be conducted in conformance with the following standards.

(a) (1) After installation of impervious cover, peak discharges for the two-, five-, ten-, 25-, 50- and 100-year frequency storms from the site shall not exceed the respective peak discharge performance standards in this title.

(2) Storm water runoff shall be managed so that no downstream increases in flood damages or impairment of streets and other public facilities occur. The City of Williamsport may require that downstream impacts be evaluated at critical locations such as dams, tributaries, existing developments, undersized culverts and flood-prone areas. The City of Williamsport shall make the final determination with respect to the degree of management required for any site. The applicant shall evaluate the effects of the proposed plan on such critical locations by providing computed water surface elevations (WSEL) for the ten- and 100-year storms. Methods of computation shall have prior approval of the City of Williamsport. At such downstream critical locations, storm water management may be exercised by:

(A) Providing off-site improvements to downstream conveyances in order to contain flow increases; and

(B) Providing downstream drainage easements with sufficient widths to contain the flood limits.

(b) The City of Williamsport may impose storm water quality measures in accordance with this title to protect against ground or surface water pollution where the type of business or the nature of the storm water runoff and soils underlying storm water management facilities would constitute a substantial risk of contamination.

(c) In establishing the site conditions for calculating storm water runoff prior to development, the following assumptions shall apply:

(1) Woodland or meadow in good condition shall be used for all undeveloped areas;

(2) Average antecedent moisture conditions as defined by the Natural Resource Conservation Service (NRCS); and

(3) When determining pre-development peak discharges from karst geologic areas, apply either:

(A) Peak adjustment factors in accordance with the U.S.G.S. Water Resources Investigations Report 00-4189, Techniques for Estimating Magnitude and Frequency of Peak Flows for Pennsylvania Streams; or

(B) Drainage area reductions equal to the area of undrained depressions or pond factor adjustments in accordance with the Urban Hydrology for Small Watersheds, Technical Release No. 55 (TR-55, USDA, NRCS).

(d) All plans and designs for storm water management facilities shall be reviewed by the City of Williamsport. Plans for facilities other than storm sewers should determine storm water peak discharge and storm water runoff by the use of the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended. The City of Williamsport may permit the use of the modified rational method or other methods for calculation of the storage capacity of a storm water management facility from drainage areas of 20 acres or less.

(1) Coefficients:

(A) Acceptable runoff coefficient values for use in the rational method equation are identified in Appendix D of this title. When applying the rational method coefficients in Table A-3, “open space” coefficients shall be used for undeveloped, densely vegetated (non-forest) areas instead of “meadow” coefficients. Refer to PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended, for permissible curve numbers; and

(B) The Rational Formula may be used in lieu of the Soil Cover Complex method to compute design flows for the sizing of storm sewers, inlets and swales.

(2) Rainfall amounts for the return periods specified shall be determined using the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2 (as amended), U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland, 20910. Rainfall duration for hydrograph generation shall be selected for the specified recurrence intervals on the basis of twice the computed time of concentration for the given watershed and subwatersheds. In no case shall the duration be less than 24 hours.

(3) Time of concentration shall be determined in accordance with the methods presented in PennDOT Drainage Manual, Publication Number 13, DM-2 Ch. 10, as amended.

(4) In order to reduce storm water runoff volumes from developed areas and encourage groundwater recharge, underground basin drains, infiltration trenches and cisterns are permitted to which roof leaders may be connected. These drains consist of stone-filled basins which temporarily store and release water below ground surface. Plans for such facilities shall be submitted to the City of Williamsport for approval, and the basins shall be used only in those areas where soils, geologic, and water table conditions permit.

(e) Storm water management facilities and related installations shall be provided:

(1) To permit unimpeded flow of natural watercourses. Such flow may be redirected as required, subject to the approval of the Pennsylvania Department of Environmental Protection;

(2) To ensure adequate drainage of all low points along the curb line of streets;

(3) To intercept storm water runoff along streets at intervals reasonably related to the extent and grade of the area drained, and to prevent substantial flow of water across intersections or flooded intersections during storms, in accordance with the procedures in the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended;

(4) To ensure adequate and unimpeded flow of storm water under driveways and in, near, or across natural watercourses or drainage swales. Suitable pipes or other waterways shall be provided as necessary; and

(5) To properly drain storm water runoff from all land development projects. All lot and open areas shall be designed to drain to the nearest practical street or drainage system, existing or proposed, as defined by the City of Williamsport, with no impact on adjoining properties, unless an area specifically designed for storm water detention is provided.

(f) Storm sewers and related installations:

(1) Storm sewers, where required by zoning and land use densities, shall be placed under or immediately adjacent to the roadway side of the curb, or as directed by the City of Williamsport, when parallel to the street within the right-of-way.

(2) When located on undedicated land, they shall be placed within a drainage easement not less than 20 feet wide as approved by the City of Williamsport.

(3) The use of properly designed, graded, and turfed drainage swales is encouraged in lieu of storm sewers in commercial and industrial areas and, where approved by the City of Williamsport, in residential areas. Such swales shall be designed not only to carry the required discharge without excessive erosion, but also to increase the time of concentration, reduce the peak discharge and velocity, and permit the water to percolate into the soil, where appropriate. Criteria and guidelines related to the use and design of drainage swales are as follows:

(A) Where vegetated drainage swales are used in lieu of or in addition to storm sewers, they shall be designed to carry the ten-year discharge without erosion, and also to increase the time of concentration, reduce the peak discharge and velocity and permit the water to percolate into the soil.

(B) The maximum encroachment of water on the roadway pavement along roadside swales in cut areas shall not exceed half of a through traffic lane during a ten-year frequency storm of five-minute duration. Frequent and/or sustained flooding of the sub-base shall be avoided.

(C) Swales shall be designed in accordance with the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended. Inlets shall be provided to limit the shoulder encroachment and water velocity.

(D) The side slope for any vegetated drainage channel requiring mowing of the vegetation shall have a maximum grade of three horizontal to one vertical on those areas to be mowed.

(E) Erosion prevention. All drainage swales shall be designed to prevent the erosion of the bed and bank areas. Suitable temporary and/or permanent stabilization during vegetative cover establishment shall be provided to prevent erosion.

(F) Storm sewers or drainage swales shall discharge to a detention or retention basin to attenuate the peak rate and volume, respectively of storm water runoff, except as provided in the plan.

(G) Because of the critical nature of vegetated drainage channels, the design of all vegetated channels shall, as a minimum, conform to the design procedures outlined in the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended.

1. Deed restrictions may be required on property(ies) containing drain age swales and/or perennial streams. When required, these deed restrictions shall specify that no property owner shall obstruct or alter any drainage swale or perennial stream identified in the Stormwater Management Plan.

2. The design capacity of storm sewers shall be in accordance with the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended. Storm drainage systems shall be designed without surcharging inlets to provide conveyance of storm water runoff into a detention basin or similar facility utilized to manage the rate of storm water runoff. To avoid surcharging inlets, and to ensure that inlets will receive storm water runoff, the hydraulic grade line at the inlet should be at least six inches below the elevation of the inlet grate. Where site grading will direct storm water runoff from the 100-year design storm to a detention basin or similar facility utilized to manage the rate of storm water runoff, then the storm sewer may be designed for the ten-year design storm. Where site grading will not direct storm water runoff from the 100-year design storm to a detention basin or similar facility utilized to manage the rate of storm water runoff, then the storm sewer shall be designed for the 100-year design storm. Conveyance of storms to the detention basin, up to and including the 100-year frequency, shall be provided so as not to endanger life or seriously damage property.

3. Storm inlet types and inlet assemblies shall conform to the Pennsylvania Department of Transportation Standards for Roadway Construction, as approved by the City of Williamsport.

(4) Inlets shall, at a minimum, be located at the lowest point of street intersections to intercept the storm water before it reaches pedestrian crossings; or at sag points of vertical curves in the street alignment which provide a natural point of ponding of surface storm water.

(5) Where the City of Williamsport deems it necessary because of special land requirements, special inlets may be approved.

(6) The interval between inlets collecting storm water runoff shall be determined in accordance with the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended.

(7) In curbed sections, the maximum encroachment of water on the roadway pavement shall not exceed half of a through traffic lane or one inch less than the depth of curb during the ten-year design storm of five-minute duration. Inlets shall be provided to limit the encroachment of water on the pavement. When inlets are used in a storm system within the right-of-way limits of a street in lieu of manholes, the spacing of such inlets shall not exceed the maximum distance of 450 feet.

(8) The design of storm inlets shall be in accordance with the Penn DOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended.

(9) Accessible drainage structures shall be located on a continuous storm sewer system at all vertical dislocations, at all locations where a transition in storm sewer pipe sizing is required, at all vertical and horizontal angle points exceeding 5 degrees, and at all points of convergence of two or more influent storm sewer mains. The construction locations of accessible drainage structures shall be as indicated on the subdivision drainage plan or area drainage plan approved by the City of Williamsport.

(10) When evidence available to the City of Williamsport indicates that existing storm sewers have sufficient capacity as determined by hydrograph summation and are accessible, proposed storm water facilities may connect to the existing storm sewers so long as the peak rate of discharge does not exceed the amount permitted by this article.

(g) Bridges and culverts shall have ample waterway opening to carry expected flows, based on the PennDOT Drainage Manual, Publication Number 13, DM-2, Ch. 10, as amended, or as required by the City of Williamsport.

(h) Detention or retention basins for the management of storm water peak discharges shall meet the following requirements.

(1) Basins shall be installed prior to or concurrent with any earthmoving or land disturbances which they will serve. The phasing of their construction shall be noted in the narrative and on the plan.

(2) The design of all facilities over limestone formations shall include measures to prevent groundwater contamination and, where required, sinkhole formation. Soils used for the construction of basins shall have moderate to low erodibility factors (i.e.,”K” factors of 0.32 or less).

(3) Energy dissipaters and/or level spreaders shall be installed at points where pipes or drainageways discharge to or from basins.

(4) (A) Outlet structures within detention/retention basins shall incorporate child proof, non-clogging trash racks or grates over all horizontally oriented openings. All vertically oriented openings over 12 inches or larger in any dimension where entry by a child could cause injury or death shall be covered with childproof, non-clogging trash racks, except where such openings carry perennial stream flows. Design openings less than six inches in any dimension shall be covered with a pipe screen (e.g., Neenah R-7512 or equivalent). Measures to completely drain detention/retention basins in the

event of clogging of the primary design opening(s) shall be incorporated into the design of basin outlet structures. Basin outlet pipes shall have a minimum inside diameter of 15 inches or a cross-sectional area of 176 square inches; except that, pipes under a 25-foot or greater fill shall not be less than 24 inches or a cross-sectional area of 453 square inches, and shall consist of reinforced concrete.

(B) Outlet aprons shall be designed and shall extend at a minimum to the toe of the basin slope. Where spillways will be used to manage peak discharges in excess of the ten-year storm, such spillways shall be constructed to withstand the pressures of impounded waters and convey flows at computed outlet velocities without erosion.

(5) When the Pennsylvania Department of Environmental Protection requires facilities to be permitted, the designer shall submit all information to the PA DEP Regional Office, and obtain all necessary approvals and permits pursuant to Title 25 of the Pennsylvania Code, Ch. 105, Dam Safety and Encroachment Act.

(6) Downstream analysis.

(A) Where deemed necessary by the City of Williamsport, the applicant shall submit an analysis of the impacts of detained storm water flows on downstream areas within the watershed, established with the concurrence of the City of Williamsport. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of peak discharge modifications of the proposed development on critical locations such as dams, tributaries, existing developments, undersized culverts, and flood-prone areas.

(B) Review and comment of the downstream analysis by the City of Williamsport shall be obtained as deemed necessary.

(7) Detention basins may be waived by the City of Williamsport at sites in close proximity to larger receiving streams, depending on the hydrology of the watershed. This is to facilitate drainage prior to mainstream flooding. It shall be incumbent upon the applicant to demonstrate that no downstream increase in stream flooding or channel erosion will result in accordance with this article, and that no increases in peak discharge within the receiving stream will occur as outlined in this article.

(8) Multiple use basins. The design and construction of multiple use storm water detention facilities are strongly encouraged. In addition to storm water management; where appropriate, facilities allow for recreational uses including: ball fields; play areas; picnic grounds; and the like. Provision for parking facilities within basins and permanent wet ponds with storm water management capabilities may also be appropriate. Prior approval and consultation with the City of Williamsport are required before design. Multiple use basins should be constructed so that potentially dangerous conditions are not created.

(9) Multiple development basins. Storm water management facilities designed to serve more than one property or development in the same watershed are encouraged. Staged construction of existing or proposed multiple-use detention facilities by several developers in conjunction with watershed development is encouraged. Each applicant shall be responsible for the incremental increase in storm water runoff generated by the respective development and incremental construction improvements necessary for the overall detention facility. Prior approval and consultation with the City of Williamsport is required before designing such facilities.

(10) Alternative detention facilities. Alternative storm water detention facilities including roof top, subsurface basins or tanks and in-pipe detention storage, or other approved alternative designs are permitted as determined by the City of Williamsport.

(i) (1) All calculations shall be submitted to the City of Williamsport on computation sheets acceptable to the reviewer for approval. If the City of Williamsport deter mines through review and independent computation that the size(s) of storm pipes or detention basins is insufficient, the City of Williamsport may require the applicant to increase the size(s) of said storm pipes or detention basins.

(2) If the storm drainage system design is completed on a computer installation, sufficient supporting data shall be provided to allow comprehensive review by city officials.

(j) When the elevation of any existing or proposed entrance to a structure, including windows, is lower than the elevation of the public cartway serving that site, a drainage plan shall be submitted, reviewed and approved as part of the zoning permit process for the proposed structure.

(k) The City of Williamsport may require that storm water management facilities located outside of existing or proposed right-of-ways shall be located within and accessible by easements as follows.

(1) Drainage easements.

(A) Where a tract is traversed by a watercourse, drainage way, channel or stream, there shall be provided a drainage easement, paralleling the line of such watercourse, drainageway, channel or stream. The width of the drainage casement will be adequate to preserve the unimpeded flow of natural drainage in the 100-year floodplain.

(B) Drainage easements shall provide for maintenance, and for the purpose of widening, deepening, improving or protecting such drainage facilities.

(2) Access easements. Where proposed storm water management facilities are not adjacent to proposed or existing public right-of-ways or are not accessible due to physical constraints, as determined by the City of Williamsport, a 20-foot wide passable access easement specifying rights of entry shall be provided. Access easements shall provide for vehicle ingress and egress on grades of less than 10% for carrying out inspection or maintenance activities.

(3) Maintenance easements. A maintenance easement shall be provided which encompasses the storm water facility and appurtenances and provides for access for maintenance purposes. The maintenance easement must be located at least 20 feet outside of the 100-year surface elevation and the storm water facility and appurtenances.

(4) Easements shall stipulate that no trees, shrubs, structures, excavation or fill be placed, and no regrading is to be performed within the area of the easement without written approval from the City of Williamsport. Upon approval, such landscaping may be placed in maintenance easements, provided it does not impede access.

(5) Whenever practicable, easements shall be parallel to width and linked to property lines of the subdivision.

(6) All easement agreements shall be recorded with a reference to the recorded easement indicated on the site plan. The format and content of the easement agreement shall be reviewed and approved by the City of Williamsport.

(l) Sinkhole protection.

(1) Storm water from roadways, parking lots, storm sewers, roof drains or other concentrated storm water runoff paths shall not be discharged directly into sinkholes.

(2) To protect sensitive karst areas, the City of Williamsport may require basins to contain an impervious liner. The liner may be of the impervious membrane type, placed in accordance with the manufacturer’s recommendations, or an approved alternative as approved by the City of Williamsport.

(m) Erosion and sedimentation control.

(1) All plans for erosion and sediment pollution control (E&SPC) shall meet the requirements of the Clean Streams Law, Act of 6-22-1937, P.L. 1987, as amended, 35 P.S. §§ 691.1 et seq. and 25 Pa.Code §§ 102.1 et seq., Erosion Control.

(2) It shall be the responsibility of the applicant to submit the E&SPC plan, application and other necessary material to the Conservation District or DEP Office, as appropriate. A copy of the transmittal letter shall be provided to the City of Williamsport. Comments shall be received and E&SPC plan approval obtained from the Conservation District prior to storm water plan approval.

(n) Minor SWM Plan. A minor SWM plan is required per § 1393.02(d) and as outlined in Appendix C. Minor SWM plans shall consist of the following, and are not subject to §§ 1393.03 and 1393.04 of this Title. Minor plan preparation steps are as follows:

(1) Prepare a scaled drawing showing key features of the site. The plan can be developed from a tax map, site survey or other accurate drawing of the site. The property and boundaries should be accurate in scale. The plan should include:

(A) A line showing the limit and location of area(s) that will be cleared for regulated activities such as buildings, driveways and lawns;

(B) The location of all structures, existing and proposed (house, shed, garage and the like). Include driveways, parking areas, any other impervious surfaces, well and septic system locations;

(C) The location of property boundaries, any streams or wetlands, and separation distances of structure(s) to any water body or stream; and

(D) The angle/slope of the property in relation to any water body or stream.

(2) Calculate the volume of storm water runoff created by the project. Identify the newly created impervious areas. Note on the plan the area of each proposed structure and impervious surface (paved, walkways and the like) and calculate the sum of the areas. For example:

(A) Twenty feet by 20 feet shed = 400 sf;

(B) Six feet by 60 feet sidewalk = 360 sf; and

(3) Calculate the volume of storm water runoff. For minor projects, multiply the total square footage of newly created total impervious area by (2.85 in/12 in/ft). For example:

760 sf x (0.2375 ft.) = 180.5 cubic feet

(2.85 in is the two-year, 24-hour rainfall for Williamsport, PA, taken from NOAA’s Hydrometeorological Design Studies Center Precipitation Frequency Data Server for Point Precipitation Frequency Estimates from NOAA Atlas 14).

(4) Identify/choose the appropriate storm water control measures. Size and place the measures on the project site and add the measures to the SWM plan.

(A) The volume of storm water runoff calculated in Step #3 is now used to size the storm water control storage devices. Vegetative controls and structural measures can be used individually or in combination to provide the required storage volume. The BMP Manual identifies structural and non-structural control measures that may be used, as well as instructions to calculate the volume provided by each.

(B) Please note that all minor Stormwater Management Plans should provide appropriate erosion control measures. Refer to subsection (m) above. The DEP Erosion and Sediment Pollution Control Program Manual is available for guidance. Please contact the Lycoming County Conservation District for additional information.

(o) All regulated activities that do not fall under the exemption criteria referenced herein shall submit a drainage plan to the City of Williamsport for review. These criteria shall apply to the total proposed development even if development is to take place in stages. 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 considered to be impervious for the purposes of comparison to the waiver criteria, unless they are installed and maintained as provided for in the BMP Manual.

(1) Storm water drainage systems shall be provided to permit unimpeded flow along natural watercourses, except as modified by storm water management facilities or open channels consistent with this title.

(2) Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this title. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding or other harm will result from the concentrated discharge.

(3) Where a development site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures and any alterations that may adversely affect the flow of storm water within any portion of the easement. Also, maintenance, including mowing of vegetation within the easement shall be required, except as approved by the appropriate governing authority.

(4) When it can be shown that, due to topographic conditions, natural drainage ways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by PA DEP through the joint permit application process or, where deemed appropriate by PA DEP, through the general permit process.

(5) Any storm water management facilities regulated by this title that would be located in or adjacent to waters of the Commonwealth or wetlands shall be subject to approval by PA DEP through the joint permit application process, or where deemed appropriate by PA DEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant or his or her agent to show that the land in question cannot be classified as wetlands, otherwise approval to work in the area must be obtained from PA DEP.

(6) Any storm water management facilities regulated by this title that would be located on State highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (Penn DOT).

(7) Minimization of impervious surfaces and infiltration of storm water runoff through seepage beds, infiltration trenches and the like are encouraged, where soil conditions permit, to reduce the size or eliminate the need for detention facilities.

(8) In order to promote overland flow and infiltration, roof drains should not discharge directly to streets or storm sewers. Roof drains may discharge directly to streets or storm sewers when deemed necessary by the City of Williamsport. Under no circumstances shall roof drains discharge directly to sanitary sewer systems.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1393.06 RIPARIAN BUFFERS.

(a) In order to protect and improve water quality, a Riparian Buffer Easement may be created and recorded as part of any subdivision or land development that encompasses a Riparian Buffer.

(b) Except as required by Chapter 102, the Riparian Buffer Easement shall be measured to be the greater of the limit of the 100-year floodplain or a minimum of 35 feet from the top of the streambank (on each side).

(1) Existing native vegetation shall be protected and maintained within the Riparian Buffer Easement.

(2) Whenever practicable, invasive vegetation shall be actively removed and the Riparian Buffer Easement shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.

(d) The Riparian Buffer Easement shall be enforceable by the municipality and shall be recorded in the appropriate County Recorder of Deeds Office, so that it shall run with the land and shall limit the use of the property located therein. The easement shall allow for the continued private ownership and shall count toward the minimum lot area required by Zoning, unless otherwise specified in the municipal Zoning Ordinance.

(e) Any permitted use within the Riparian Buffer Easement shall be conducted in a manner that will maintain the extent of the existing 100-year floodplain, improve or maintain the stream stability and preserve and protect the ecological function of the floodplain.

(f) The following conditions shall apply when public and/or private recreation trails are permitted within Riparian Buffers:

(1) Trails shall be for non-motorized use only.

(2) Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.

(g) Septic drainfields and sewage disposal systems shall not be permitted within the Riparian Buffer Easement and shall comply with setback requirements established under 25 Pa. Code Chapter 73.

(Ord. 6481, approved 3-14-2024)

§ 1394.01 PLAN REQUIREMENTS.

The following items shall be included in the SWM Site Plan:

(a) Appropriate sections from the Municipal Subdivision and Land Development Ordinance, and other applicable local ordinances, shall be followed in preparing the SWM Site Plans. In instances where the City of Williamsport lacks subdivision and land development regulations, the content of SWM Site Plans shall follow the county’s Subdivision and Land Development Ordinance;

(b) The City of Williamsport shall not approve any SWM Site Plan that is deficient in meeting the requirements of this title. At its sole discretion and in accordance with this article, when a SWM Site Plan is found to be deficient, the City of Williamsport may either disapprove the submission and require a resubmission, or in the case of minor deficiencies the City of Williamsport may accept submission of modifications;

(c) Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the Operation and Maintenance (O&M) Plan discussed in subsection (i)(9) below;

(d) The following signature block for the City of Williamsport:

“ (Municipal official or designee) , on this date (date of signature) has reviewed and hereby certifies that the SWM Site Plan meets all design standards and criteria of the Municipal Ordinance No. (number assigned to the ordinance) .”

(e) The following signature block for the registered professional engineer licensed in the Commonwealth of Pennsylvania preparing the plan:

“I, , hereby certify on this date (date of signature) that the storm water management plan meets all design standards and criteria of the Ordinance No. (Number assigned to the ordinance) .”

(f) The following statement by the owner:

“I/we hereby acknowledge that I/we and/or my/our assignees/grantees shall be responsible for maintenance of the storm water management system shown hereon, in accordance with approved storm water management ownership and maintenance plan for this project, and that such storm water system shall remain as a permanent fixture that cannot be altered, replaced, or removed without prior written approval. from the City of Williamsport.”

(g) A note indicating that as-built plans will be submitted by a qualified professional engineer for all storm water facilities prior to occupancy, or the release of the surety bond. The City of Williamsport reserves the right to authorize the Municipal Engineer to review said as-built plans;

(h) All permits required by the Pennsylvania Department of Environmental Protection (PA DEP), Pennsylvania Department of Transportation (PA DOT) and U.S. Army Corps of Engineers (USACE) and other regulatory agencies; and

(i) The SWM Site Plan shall provide the following information:

(1) The overall storm water management concept for the project;

(2) A determination of site conditions in accordance with the BMP Manual. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, and other environmentally sensitive areas such as brownfields;

(3) Storm water runoff design computations and documentation as specified in this title, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this Title, including the recommendations and general requirements in § 1393.01;

(4) Expected project time schedule;

(5) A soil erosion and sediment control plan, where applicable, as prepared for and submitted to the approval authority;

(6) The effect of the project (in terms of runoff volumes, water quality and peak flows) on surrounding properties and aquatic features and on any existing storm water conveyance system that may be affected by the project;

(7) Plans and profile drawings of all SWM BMPs including drainage structures, pipes, open channels, and swales;

(8) SWM Site Plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells;

(9) The SWM site plan shall include an(O&M) Plan for all existing and proposed physical storm water management facilities. This plan shall address long-term ownership and responsibilities for O&M as well as schedules and costs for O&M activities;

(10) Horizontal and vertical profiles of any existing and proposed watercourses, drainageways, channels or streams, including hydraulic capacity;

(11) Hydrologic and hydraulic computations for all existing and proposed storm water management facilities and measures;

(12) Storm water management both during and after development; and

(13) Unless specifically exempted in writing, the following must also be shown on the SWM Site Plan, prepared in a form which meets the requirements for recording in the Office of the Register and Recorder of Lycoming County, Pennsylvania:

(A) Annotated maps, drawings, engineering plans and construction details. Said plan shall be prepared by a registered professional land surveyor, qualified geologist, landscape architect, architect or engineer licensed in the State of Pennsylvania, with said preparer’s seal and registration number affixed to the plan. Plans for tracts of less than 20 acres shall be drawn at a scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, plans shall be drawn at a scale of 1 inch equals no more than 200 feet. Plans shall be submitted on the following sheet sizes: 18 inches by 24 inches; 24 inches by 36 inches; or 36 inches by 42 inches. All lettering shall be drawn to a size to be legible if the plans are reduced to half size. All sheets comprising a submission shall be on one size;

(B) The name of the proposed development and the name and address of the owner of the property and the individual or firm preparing the plan;

(D) Total tract boundary with distances marked to the nearest foot and bearings to the nearest degree and the total acreage of the tract;

(E) Key map (drawn to scale) showing all existing natural and human-made features beyond the property boundary affected by the project and the extent of the watershed or sub-basin which drains through the project site for 1,000 feet or as specified by the City of Williamsport;

(F) Existing and proposed topographic contours shall be provided at intervals not greater than five feet for existing and proposed conditions. Topographic contours at intervals less than five feet may be required for flat sites, and to depict certain existing and future storm water management features. The reference datum used to develop topographic contours shall be stated on the plans;

(G) Existing and proposed use, including the total area of impervious surfaces after construction;

(H) Location and selected plant material used for vegetative filter paths to sinkholes, stream buffers, buffer yards, wetlands, streams and other waters of the commonwealth, and the location of all notices to be posted, as specified in this title; and

(I) If storm water management facilities are off-site, a note on the plan referring to location and agreements indicating responsibility for conveyance to and maintenance of the facilities; all such off-site facilities shall meet the design standards and criteria specified in this title, and details of the facilities shall be included with the plan.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.02 PLAN SUBMISSION.

Six copies of the SWM Site Plan shall be submitted as follows:

(a) Two copies to the City of Williamsport.

(b) One copy to the City of Williamsport engineer.

(d) One copy to the Lycoming County Planning Department.

(e) One copy to the Williamsport Sanitary Authority.(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.03 PLAN REVIEW.

(a) The SWM Site Plan shall be reviewed by a qualified professional for the City of Williamsport for consistency with the provisions of this title. After review, the qualified professional shall provide a written recommendation for the City of Williamsport to approve or disapprove the SWM Site Plan. If it is recommended to disapprove the SWM Site Plan, the qualified professional shall state the reasons for the disapproval in writing. The qualified professional also may recommend approval of the SWM Site Plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. The SWM Site Plan review and recommendations shall be completed within the time allowed by the Municipalities Planning Code for reviewing subdivision plans.

(b) The City of Williamsport shall notify the applicant in writing within 45 calendar days whether the SWM Site Plan is approved or disapproved. If the SWM plan involves a Subdivision and Land Development Plan, the notification shall occur within the time period allowed by the Municipalities Planning Code (90 days). If a longer notification period is provided by other statute, regulation or ordinance, the applicant will be so notified by the City of Williamsport.

(c) The City of Williamsport’s approval of a SWM Site Plan shall be valid for a period not to exceed five years. This five-year time period shall commence on the date that the City of Williamsport signs the approved SWM Site Plan. If storm water management facilities included in the approved SWM Site Plan have not been constructed, or if an as-built survey (if required) of these facilities has not been approved within this five-year time period, then the City of Williamsport may consider the SWM Site Plan disapproved and may revoke any and all permits. SWM Site Plans that are considered disapproved by the City of Williamsport shall be resubmitted in accordance with § 1394.05 of this title. The five-year time period may be renewed for a single five-year term upon request of the applicant if there have been no adopted or pending revisions to the SWM Ordinance.

(d) A SWM Site Plan may be adjusted, revised and resubmitted in accordance with above.

(e) Failure of the City of Williamsport or ordinance administrator to render a decision and communicate it to the applicant within 90 days (except when a plan is being reviewed concurrently with another development approval), in which case the time limit for the concurrent development permit shall apply, shall be deemed an approval of the plan.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.04 MODIFICATION OF PLANS.

A modification to a submitted SWM Site Plan that involves a change in SWM BMPs or techniques, or that involves the relocation or re-design of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM Site Plan as determined by the City of Williamsport, shall require a resubmission of the modified SWM Site Plan in accordance with this article.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.05 RESUBMISSION OF DISAPPROVED SWM SITE PLANS.

A disapproved SWM Site Plan may be resubmitted, with the revisions addressing the City of Williamsport’s concerns, to the City of Williamsport in accordance with this article. The applicable review fee must accompany a resubmission of a disapproved SWM Site Plan.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.06 AUTHORIZATION TO CONSTRUCT AND TERM OF VALIDITY.

The City of Williamsport’s approval of an SWM Site Plan authorizes the regulated activities contained in the SWM Site Plan for a maximum term of validity of five years following the date of approval unless otherwise authorized by the City of Williamsport. The City of Williamsport may specify a term of validity shorter than five years in the approval for any specific SWM Site Plan. Terms of validity shall commence on the date the City of Williamsport signs the approval for an SWM Site Plan. If an approved SWM Site Plan is not completed according to § 1394.07 within the term of validity, then the City of Williamsport may consider the SWM Site Plan disapproved and may revoke any and all permits. SWM Site Plans that are considered disapproved by the City of Williamsport shall be resubmitted in accordance with § 1394.05 of this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1394.07 AS-BUILT PLANS, COMPLETION CERTIFICATE AND FINAL INSPECTION.

(a) The developer shall be responsible for providing as-built plan(s) of all SWM BMPs included in the approved SWM Site Plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the City of Williamsport.

(b) The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. The latitude and longitude coordinates for all permanent SWM BMPs must also be submitted, at the central location of the BMPs. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.

(c) After receipt of the completion certification by the City of Williamsport, the City of Williamsport may conduct a final inspection.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1395.01 RESPONSIBILITIES OF DEVELOPERS AND LANDOWNERS.

(a) The City of Williamsport shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan. The City of Williamsport may require a dedication of such facilities as part of the requirements for approval of the SWM Site Plan. Such a requirement is not an indication that the City of Williamsport will accept the facilities. The City of Williamsport reserves the right to accept or reject the ownership and operating responsibility for any portion of the storm water management controls.

(b) Facilities, areas or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.

(d) The City of Williamsport may take enforcement actions against an owner for any failure to satisfy the provisions of this Article.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1395.02 OPERATION AND MAINTENANCE AGREEMENTS.

(a) Prior to final approval of the SWM Site Plan, the property owner shall sign and record an Operation and Maintenance (O&M) agreement (see Appendix A) covering all stormwater control facilities which are to be privately owned.

(1) The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.

(2) The owner shall convey to the City of Williamsport conservation easements to assure access for periodic inspections by the City of Williamsport and maintenance, as necessary.

(3) The owner shall keep on file with the City of Williamsport the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the City of Williamsport within ten working days of the change.

(b) The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the City of Williamsport may perform the services required and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.

(c) Each storm water management plan shall contain provisions which clearly set forth the ownership and maintenance responsibility of all permanent storm water management and erosion and sediment control facilities including:

(1) Description of maintenance requirements;

(2) Establishment of suitable easements for access to all facilities by public officials, in accordance with this article;

(3) Municipalities are exempt from the requirement to sign and record an operation and maintenance agreement; and

(4) Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent storm water management, and erosion and sediment pollution control facilities.

In meeting this requirement, the following options are hereby provided for upon approval by the City of Williamsport.

(c) Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restrictions. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.

(d) Ownership and maintenance may be the responsibility of a property owners’ association. The stated responsibilities of the property owners’ association in terms of owning and maintaining the storm water management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision plan among the deed records of Lycoming County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said property owners’ association.

(e) For storm water management facilities that are proposed as part of the site development plan, the applicant will be required to execute a developer agreement and a maintenance agreement with the City of Williamsport for the construction and continued maintenance of the facilities prior to the signature approval on the final plan. Access for inspection by the City of Williamsport of all such facilities deemed critical to public welfare at any reasonable time shall be provided.

(f) In the event the above priorities cannot be achieved, or where it is required, the facilities may be dedicated to the City of Williamsport in accordance with this title. As a condition of City of Williamsport acceptance of said facilities, the applicant shall provide 15% of the cost of improvements, in the form of a maintenance bond, as estimated by the applicant’s qualified professional, and approved by the City of Williamsport, to cover contingency maintenance costs for 18 months from the date of storm water management facilities acceptance of dedication. The 15% bond shall be based on the construction costs of the detention basin and outlet structure within the area dedicated to the City of Williamsport.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1395.03 PERFORMANCE GUARANTEE.

For SWM Site Plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the City of Williamsport for the timely installation and proper construction of all stormwater management controls as required by the approved SWM Site Plan and this Title in accordance with the provisions of Sections 509, 510 and 511 of the Pennsylvania Municipalities Planning Code.

(Ord. 6481, approved 3-14-2024)

§ 1396.01 GENERAL.

(a) The City of Williamsport may include all costs incurred in the review fee charged to an applicant.

(b) The review fee may include, but not be limited to, costs for the following:

(1) Administrative/clerical processing;

(2) Review of the SWM Site Plan;

(3) Attendance at meetings; and

(4) Inspections.

(Ord. 6481, approved 3-14-2024)

§ 1397.01 PROHIBITED DISCHARGES AND CONNECTIONS.

(a) Any drain or conveyance, whether on the surface or subsurface, that allows any non-storm water discharge including sewage, process wastewater and wash water to enter a regulated small MS4 or to enter the surface waters of this commonwealth is prohibited.

(b) No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this Commonwealth which are not composed entirely of storm water, except:

(1) As provided in subsection (c) below; and

(2) Discharges allowed under a state or federal permit.

(c) The following discharges are authorized unless they are determined to be significant contributors to pollution to a regulated small MS4 or to the waters of this commonwealth:

(1) Discharges or flows from firefighting activities.

(2) Discharges from potable water sources including water line flushing and fire hydrant flushing, if such discharges do not contain detectable concentrations of Total Residual Chlorine (TRC).

(3) Non-contaminated irrigation water, water from lawn maintenance, landscape drainage and flows from riparian habitats and wetlands.

(4) Diverted stream flows and springs.

(5) Non-contaminated pumped ground water and water from foundation and footing drains and crawl space pumps.

(6) Non-contaminated HVAC condensation and water from geothermal systems.

(7) Residential (i.e. not commercial) vehicle wash water where cleaning agents are not utilized.

(8) Non-contaminated hydrostatic test water discharges, if such discharges do not contain detectable concentrations of TRC.

(d) In the event that the City of Williamsport or DEP determines that any of the discharges identified in subsection (c) significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the City of Williamsport or DEP will notify the responsible person(s) to cease the discharge.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1397.02 ROOF DRAINS.

Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs wherever feasible.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1397.03 ALTERATION OF SWM BMPs.

No person shall modify, remove, fill, landscape or alter any SWM BMPs, facilities, areas or structures that were installed as a requirement of this Title without the written approval of the City of Williamsport.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.01 RIGHT-OF-ENTRY.

Upon presentation of proper credentials, the City of Williamsport or its designated agent may enter at reasonable times upon any property within the City of Williamsport to inspect the condition of the storm water structures and facilities in regard to any aspect regulated by this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.02 INSPECTION.

(a) The landowner or the owner’s designee (including the City of Williamsport for dedicated and owned facilities) shall inspect SWM BMPs, facilities, and/or structures installed under this Title according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:

(1) Annually for the first five years;

(2) Once every three years thereafter; and

(3) During or immediately after the cessation of a ten-year or greater storm.

(b) Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the City of Williamsport within 30 days following completion of the inspection.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.03 ENFORCEMENT.

(a) It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM Site Plan, unless specifically exempted in § 1393.02.

(b) It shall be unlawful to violate § 1397.03 of this title or to alter or remove any control structure required by the SWM Site Plan.

(d) If the City of Williamsport determines at any time that any permanent storm water management facility has been eliminated, altered or improperly maintained, the City of Williamsport shall advise the responsible party of required corrective measures, and shall provide said responsible party with a specific time to implement the required corrective measures. If such action is not taken by the property owner,

the City of Williamsport may cause the work to be done and back-charge all costs to the property owners in accordance with this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.04 SUSPENSIONS AND REVOCATION.

(a) Any approval or permit issued by the City of Williamsport pursuant to this Title may be suspended or revoked for:

(1) Non-compliance with or failure to implement any provision of the approved SWM Site Plan or O&M Agreement;

(2) A violation of any provision of this title or any other applicable law, ordinance, rule or regulation relating to the Regulated Activity; and

(3) The creation of any condition or the commission of any act during the Regulated Activity which constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.

(b) A suspended approval may be reinstated by the City of Williamsport when:

(1) The City of Williamsport has inspected and approved the corrections to the violations that caused the suspension; and

(2) The City of Williamsport is satisfied that the violation has been corrected.

(c) An approval that has been revoked by the City of Williamsport cannot be reinstated. The applicant may apply for a new approval under the provisions of this title.

(d) If a violation causes no immediate danger to life, public health or property, at its sole discretion, the City of Williamsport may provide a limited time period for the owner to correct the violation. In these cases, the City of Williamsport will provide the owner, or the owner’s designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the City of Williamsport may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this title.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.05 PENALTIES.

(a) Any person who fails to comply with this Title shall, upon conviction thereof, be guilty of a summary offense, and shall be sentenced to pay a penalty of not more than $300, recoverable with costs and costs of prosecution to include attorney’s fees and costs of litigation incurred in the prosecution to include attorney’s fees and costs of litigation incurred in the prosecution of the case, and each and every day of continued violation and each specific violation shall constitute a separate offense and the penalties shall be cumulative.

(b) In addition, the City of Williamsport may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Title. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

(c) In the event that the owner, developer, occupant, applicant, property manager or other person responsible fails to comply with the terms of this title within the time specified by the municipal representative, the City of Williamsport may take any actions necessary to remove the public nuisance. The costs of removal of the violation shall be in addition to any penalties for violations for failure to comply.

(d) In addition to the fines for violations, costs, and penalties provided for by this article, the City of Williamsport may institute proceedings in Courts of Equity to require owners and/or occupants of real estate to comply with the provision of this title.

(e) The cost of removal, fine, and penalties hereinabove mentioned may be entered by the City of Williamsport as a lien against such property, or properties of individual members of a property owners’ association, in accordance with existing provisions of law.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1398.06 APPEALS.

(a) Commonwealth of Pennsylvania, Storm Water Management Act No 167.

(b) U.S. Department of Agriculture, National Resources Conservation Service (NRCS). National

Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook. Section 4: Hydrology. Available from the NRCS online at: http://www.nrcs.usda.gov/.

(c) U.S. Department of Agriculture, Natural Resources Conservation Service. 1986. Technical Release 55: Urban Hydrology for Small Watersheds. 2nd Edition, Washington, D.C.

(d) Pennsylvania Department of Environmental Protection (DEP). No. 363-213-1-008 (March 3 1, 2012), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.

(e) Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Storm water Best Management Practices Manual. Harrisburg PA.

(f) US Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center. 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.

(g) PennDOT Specifications, Publication Number 408, 2020, as amended.

(h) United States Geological Survey (USGS), 2000. Techniques for Estimating Magnitude and Frequency of Peak Flows for Pennsylvania.

(i) PennDOT Drainage Manual, Publication Number 13, DM-2, Chapter 10, as amended.

(Ord. 6211, approved 4-15-2012; Ord. 6481, approved 3-14-2024)

§ 1399.01 REFERENCES.

(a) Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002 (2006), as amended and updated. Pennsylvania Storm water Best Management Practices Manual. Harrisburg PA.

(b) The Pennsylvania Department of Environmental Protection (DEP). 363-2134-008 (2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.

(c) United States Department of Agriculture (USDA), National Resources Conservation Service (NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook, § 4: Hydrology. Available online at: http://www.wcc.nrcs.usda.gov/hydro/hydro-techref-neh-630.html .

(d) United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1986. Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition. Washington, D.C.

(e) US Department of Commerce (USDC), National Oceanic and Atmospheric Administration (NOAA), National Weather Service (NWS), Hydrometeorological Design Studies Center. 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Silver Spring, Maryland, 20910. Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/ .

(f) United States Department of Department of Transportation (US DOT), Federal Highway Administration (FHA). 2001. Hydraulic Engineering Circular Number 22 (HEC-22), Urban Drainage Design Manual.

(g) PennDOT Drainage Manual, Publication Number 13, DM-2, Chapter 10, as amended.

(h) Commonwealth of Pennsylvania, Storm Water Management Act No. 167.

(Ord. 6211, approved 4-15-2012)

Williamsport City Zoning Code

TITLE ELEVEN

STORM WATER MANAGEMENT

APPENDIX A: OPERATION AND MAINTENANCE (O&M) AGREEMENT STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES (SWM BMPs)

THIS AGREEMENT, made and entered into this day of , 20 , by and between (hereinafter the "Landowner"), and , Lycoming County, Pennsylvania, (hereinafter "City of Williamsport");

WITNESSETH

WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of Lycoming County, Pennsylvania, Deed Book at Page (hereinafter "Property").

WHEREAS, the Landowner is proceeding to build and develop the Property; and

NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.

8. The City of Williamsport intends to inspect the BMPs at a minimum or once evety three years to ensure their continued function in.

ATTEST:

WITNESS the following signatures and seals:

(SEAL) For the City of Williamsport:

(SEAL) For the Landowner:

ATTEST:

(City, Borough, Township)

County of Lycoming, Pennsylvania

GIVEN UNDER MY HAND THIS day of , 20

NOTARY PUBLIC (SEAL)

(Ord. 6481, approved 3-14-2024)

APPENDIX B: STORM WATER MANAGEMENT PLAN (SMP) REQUIREMENTS

Plan Requir ement	Impervious Area*	Disturbed Area*	Refe renc es
Exempt	<1,000 sq. ft.	<5,000 sq. ft.	§ 1393.02(a)
Minor SMP	1,000 sq. ft. to <5,000 sq, ft. if connected to impervious areas	5,000 sq. ft to <20,000 sq. ft with point source to surface waters	§ 1393.05(n)
SMP	5,000 sq. ft. or greater	20,000 sq. ft. or greater	§ 1393.05(o)
* The measurement of impervious or disturbed areas shall include all of the impervious or disturbed areas in the total proposed development even if development is to take place in stages (§ 1393.01(f)).