[Ord. No. 1598, 3-9-2015]
This Ordinance shall be known and may be cited as the "Plymouth
Township Stormwater Management Ordinance."
[Ord. No. 1598, 3-9-2015]
Plymouth Township finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development and redevelopment throughout a watershed increases
flood 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 convey and manage stormwater,
undermines floodplain management and flood reduction efforts in upstream
and downstream communities, reduces groundwater recharge and threatens
public health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals, and pathogens.
C.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, is fundamental to the public health, safety, welfare and the
protection of the people of the municipality and all the people of
the commonwealth, their resources and the environment.
D.
Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
G.
The development of solution cavities in bedrock, and sinkhole development,
are coincident with karst terrain.
[Added by Ord. No. 1623, § 1, 8-8-2016]
[Ord. No. 1598, 3-9-2015]
The purpose of this Ordinance is to promote the public health,
safety and welfare within Plymouth Township and the Stony Creek/Sawmill
Watershed by maintaining the natural hydrologic regime and by minimizing
the harms and maximizing the benefits described in Section 102 of
this Ordinance, 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.
Minimize increases in stormwater volume and control peak flows.
C.
Minimize impervious surfaces.
D.
Provide review procedures and performance standards for stormwater
planning and management.
E.
Preserve the natural drainage systems as much as possible.
F.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G.
Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
H.
Preserve and restore the flood-carrying capacity of streams.
I.
Prevent scour and erosion of stream banks and streambeds.
J.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
K.
Address certain requirements of the municipal separate stormwater
sewer system (MS4) NPDES Phase II stormwater regulations.
L.
Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
M.
To minimize the risk of sinkhole occurrence in areas of new development
in karst terrain, and on lands adjacent to these developments, also
in karst terrain.
[Added by Ord. No. 1623, § 2, 8-8-2016]
N.
To minimize potential damage to existing or proposed improvements
in areas where karst terrain is prevalent.
[Added by Ord. No. 1623, § 2, 8-8-2016]
[Ord. No. 1598, 3-9-2015]
The municipality is empowered to regulate land use activities
that affect runoff, surface, and groundwater quality by the authority
of:
[Ord. No. 1598, 3-9-2015]
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this Ordinance.
Regulated activities include, but are not limited to:
1.
Land development;
2.
Subdivisions;
3.
Prohibited or polluted discharges;
4.
Alteration of the natural hydrologic regime;
5.
Construction or reconstruction of, or addition of new impervious
or semipervious surfaces (i.e., driveways, parking lots, roads, etc.),
except for reconstruction of roads where there is no increase in impervious
surface;
6.
Construction of new buildings or additions to existing buildings;
7.
Redevelopment;
8.
Diversion piping or encroachments in any natural or man-made channel;
and
9.
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
[Ord. No. 1598, 3-9-2015]
A.
Regulated activities that create impervious surfaces smaller than
or equal to 5,000 square feet do not have to apply the volume control
requirements of this Ordinance. Regulated activities of this size
are exempt from the peak rate control requirements and the SWM site
plan preparation located in Section IV of this Ordinance.[1] If the activity is found to be a significant contributor
of pollution to the waters of this commonwealth, or the source of
existing stormwater runoff problems, the municipality may enforce
any of the above requirements.
Any activity defined under 105.4 and 105.8 shall not be exempt
from these design standards.
[1]
Editor's Note: See Art. IV, SWM Site Plan Requirements.
B.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this Ordinance provided
the activities are performed according to the requirements of 25 Pa.
Code 102.
C.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this Ordinance provided the activities are performed according
to the requirements of 25 Pa. Code 102.
D.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by Plymouth Township is exempt.
E.
The use of land for gardening and/or landscaping for home consumption
is exempt from the requirements of this ordinance.
F.
Exemptions from any provisions of this Ordinance shall not relieve
the applicant from the requirements in Section 301D through L.
G.
Additional exemption criteria:
1.
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
2.
Drainage problems. Where drainage problems are documented or known
to exist downstream of or is expected from the proposed activity,
the municipality may deny exemptions.
3.
Exemptions are limited to specific portions of this Ordinance.
[Ord. No. 1598, 3-9-2015]
Any other ordinance or ordinance provision of the municipality
inconsistent with any of the provisions of this Ordinance is hereby
repealed to the extent of the inconsistency only.
[Ord. No. 1598, 3-9-2015]
Should any section or provision of this Ordinance be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
Ordinance.
[Ord. No. 1598, 3-9-2015]
Approvals issued pursuant to this Ordinance do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance.
