[Ord. 1018, 12/16/2013[1]]
This chapter shall be known and cited as the "Stormwater Management
Ordinance."
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 23, Stormwater Management, adopted 3/28/2005 by Ord.
956.
[Ord. 1018, 12/16/2013]
1.
The governing body of the municipality finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing 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 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 increasing sedimentation), destroying aquatic habitat,
and increasing aquatic pollutant concentrations and loadings, such
as sediments, nutrients, heavy metals, and pathogens. Groundwater
resources are also impacted through loss of recharge.
C.
A comprehensive program of stormwater management, including minimization
of impacts of development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and the protection of the people of the municipality
and all of the people of the commonwealth, their resources, and the
environment.
D.
Stormwater is an important resource by providing groundwater recharge
for water supplies and baseflow of streams, which also protects and
maintains surface water quality.
E.
Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, groundwater recharge, stream baseflow, and aquatic
ecosystems. The most cost-effective and environmentally advantageous
way to manage stormwater runoff is through nonstructural project design
that minimizes impervious surfaces and sprawl, avoids sensitive areas
(i.e., stream buffers, floodplains, steep slopes), and considers topography
and soils to maintain the natural hydrologic regime.
F.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G.
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).
H.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
[Ord. 1018, 12/16/2013]
1.
The purpose of this chapter is to promote the public health, safety, and welfare within the Pennypack Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 23-102 of this chapter, through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface water and groundwater.
B.
Promote stormwater best management practices (BMPs).
C.
Minimize increases in runoff stormwater volume.
D.
Minimize impervious surfaces.
E.
Manage accelerated stormwater runoff, erosion and sedimentation problems,
and stormwater runoff impacts at their source by regulating activities
that cause these problems.
F.
Provide review procedures and performance standards for stormwater
planning and management.
G.
Utilize and preserve existing natural drainage systems as much as
possible.
H.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
I.
Focus on infiltration of stormwater to maintain groundwater recharge,
prevent degradation of surface water and groundwater quality, and
protect water resources.
J.
Maintain existing baseflows and quality of streams and watercourses.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93.4.a, requiring protection and
maintenance of "existing uses" and maintenance of the level of water
quality to support those uses in all streams, and the protection and
maintenance of water quality in "special protection" streams.
L.
Address the quality and quantity of stormwater discharges from the
development site.
M.
Provide standards necessary to meet NPDES permit requirements.
N.
Implement an illegal-discharge detection and elimination program
that addresses nonstormwater discharges into the municipality's
separate storm sewer system.
O.
Preserve the flood-carrying capacity of streams.
P.
Prevent scour and erosion of stream banks and streambeds.
Q.
Provide performance standards and design criteria based on watershed-wide
stormwater management and planning.
R.
Provide proper operation and maintenance of all stormwater management
facilities and BMPs that are implemented in the municipality.
[Ord. 1018, 12/16/2013]
1.
The municipality is empowered to regulate land use and activities
that may affect runoff and surface water and groundwater quality and
quantity by the authority of:
A.
Primary Authority. The municipality is empowered to regulate land
use activities that affect runoff and surface water and groundwater
quality and quantity by the authority of the Act of October 4, 1978,
P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended,
the "Storm Water Management Act," and the Code of Ordinances of the
Borough of Hatboro.
[Ord. 1018, 12/16/2013]
1.
All regulated activities and all activities that may affect stormwater
runoff, including land development and earth disturbance activities,
are subject to regulation by this chapter. This chapter shall apply
to those portions of the municipality that lie within the Pennypack
Creek Watershed and shall apply only to stormwater BMPs constructed
as part of any of the regulated activities listed in this section.
2.
Regulated activities include the following:
A.
Land development.
B.
Subdivisions.
C.
Alteration of the natural hydrologic regime.
D.
Construction or reconstruction (see definition in § 23-202) of or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.) equal to or greater than an aggregate area of 1,000 square feet.
E.
Construction of new buildings or additions to existing buildings.
F.
Redevelopment.
G.
Diversion piping or encroachments in any natural or man-made channel.
H.
Stormwater BMPs or appurtenances thereto.
I.
Earth disturbance activities of equal to or greater than 1,000 square
feet.
J.
Any of the above regulated activities which were approved more than
five years prior to the effective date of this chapter and resubmitted
for municipal approval.
K.
This chapter applies to any earth disturbance activity equal to or greater than 1,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities of between 5,000 square feet and one acre that are associated with either development or redevelopment projects have drainage plan requirements per Table 106.1, and those that are associated with redevelopment are exempt from the § 23-407 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations.
[Ord. 1018, 12/16/2013]
1.
Table 106.1 summarizes the eligibility for exemptions from certain requirements in this chapter. "Proposed impervious surface" in Table 106.1 includes new, additional, or replacement impervious surface/cover. "Repaving" existing surfaces without reconstruction (see § 23-202) does not constitute replacement.
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Table 106.1
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|---|---|---|---|---|---|---|---|---|
|
Impervious Surface and Earth Disturbance Exemption
Thresholds for the Borough of Hatboro
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|
Chapter Part or Section
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Type of Project
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Proposed Impervious Cover
| ||||||
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<1,000 Square Feet Impervious Cover
|
>1,000 to < 5,000 Square
Feet Impervious Cover
|
> 5,000 Square Feet Impervi-ous
Cover
| ||||||
|
Earth Disturb-ance <5,000 Square Feet
|
Earth Disturb-ance >5,000
Square Feet - 1 Acre
|
Earth Disturb-ance < 1 Acre
|
Earth Disturb-ance <5,000 Square Feet
|
Earth Disturb-ance >5,000
Square Feet - 1 Acre
|
Earth Disturb-ance > 1 Acre
|
All Earth Disturb-ance Categor-ies
| ||
|
Part 3, SWM Site Plan Require-ments
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Develop-ment and redevelop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 23-404, Nonstruct-ural Project Design
|
Develop-ment and redevelop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 23-405, Groundwater Recharge
|
Develop-ment and redevelop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 23-406, Water Volume Control Require-ments
|
Develop-ment and redevelop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 23-407, Stream Bank Erosion Require-ments
|
Develop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
Redevelop-ment
|
Exempt
|
Exempt
|
Exempt
| |||||
|
§ 23-408, Stormwater Peak Rate Control
|
Develop-ment and redevelop-ment
|
Exempt
|
Not exempt*
|
Not exempt
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
Erosion and Sediment Pollution Control Plan
|
Earth disturb-ance
|
See earth disturb-ance require-ments
|
See earth distur-bance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
|
(Refer to Table 106.2)
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NOTES:
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Exempt
| ||
|
Not Exempt
|
- Not exempt. All provisions apply.
| |
|
Not Exempt*
|
- Modified SWM site plan required.
| |
|
- Sites with less than 1,000 square feet of new impervious surface, but between 5,000 square feet and one acre of earth disturbance, must submit an SWM site plan to the municipality which need consist only of the items in § 23-301, Subsections 2A(2) and (4), B(7), (8), (11) and (22), and D(1) and (3), and related supportive material needed to determine compliance with §§ 23-404 through 23-408. The applicant can use the protocols in the small project SWM site plan (Appendix 23-A) where applicable.[1]
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Table 106.2
| |||||
|---|---|---|---|---|---|
|
Earth Disturbance Requirements for the Borough
of Hatboro
| |||||
|
Disturbed Area
|
Written E&S Plan
|
E&S Plan Review for Adequacy by MCCD
|
E&S Plan Review for Adequacy by Hatboro
|
NPDES Permit
|
Written PCSM Plan Required
|
|
0 to 1,000 square feet
|
Not required unless in HQ or EV watershed, or is a
condition of other state permit
|
Not required
|
Not required
|
Not required
|
Not required
|
|
1,000 to 5,000 square feet
|
Required by Hatboro
|
Not required
|
Required
|
Not required
|
Not required
|
|
5,000 square feet to < 1 acre
|
Required by Hatboro
|
Required by Hatboro
|
Required
|
Not required
|
Per Table 106.1
|
|
1 acre or greater
|
Required by MCCD
|
Required by MCCD
|
Required
|
Required
|
Per Table 106.1
|
|
NOTES:
| |
|---|---|
|
Erosion and sediment pollution control plans shall
be prepared in accordance with the applicable BMPs and their design
standards listed in the Erosion and Sediment Pollution Control Program
Manual (E&S Manual), No. 363-2134-008 (March 31, 2012), as amended
and updated.
| |
[1]
Editor's Note: Appendix 23-A is included as an attachment
to this chapter.
2.
Exemptions for Land Use Activities.
A.
Disconnected regulated activities (regulated activities that create disconnected impervious areas) smaller in area than 1,000 square feet total are exempt from the SWM site plan (§ 23-301) preparation requirements of this chapter, except when the associated earth disturbance area is equal to or greater than 5,000 square feet.
B.
Disconnected regulated activities (regulated activities that create disconnected impervious areas), having an area equal to or greater than 1,000 square feet total and less than 5,000 square feet, and with an associated earth disturbance area of less than 5,000 square feet, are exempt only from the peak rate control (§ 23-408) requirements of this chapter in the case of new development, and are exempt from peak rate control (§ 23-408) and stream bank erosion (§ 23-407) requirements in the case of redevelopment.
C.
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
D.
Forest management and timber operations are exempt from the rate
control and SWM site plan preparation requirements of this chapter,
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
E.
For a development taking place in stages, the entire development
plan must be used in determining compliance with these exemption criteria.
The starting point from which to consider tracts as "parent tracts"
in which future subdivisions and respective impervious area computations
are cumulatively considered shall be the date of the municipality's
adoption of the original Pennypack Creek Watershed Stormwater Management
Plan Ordinance (December 16, 2013).
|
For example: If a property owner in Bucks County or Montgomery
County proposes a three-hundred-square-foot shed after adoption of
the Municipal Stormwater Management Ordinance, that property owner
would be exempt from site plan and peak rate control requirements.
If, at a later date, the property owner proposes to construct a garage
and driveway adding an additional 1,100 square feet of impervious
surface, the applicant would be required to submit a modified SWM
site plan (or a small project SWM site plan per Appendix 23-A, where
applicable) demonstrating the stormwater control requirements for
the total impervious surface of 1,400 square feet.
|
3.
Infiltration Exemptions.
A.
Depth to Limiting Zone. A minimum of two feet of soil suitable for
infiltration must exist between the invert of the infiltration BMP
and the top of the nearest limiting zone. Otherwise, the Rev requirement shall not be applied to the development
site, and the entire WQv must be treated.
B.
Hotspots.
(1)
Stormwater Hotspots. Below is a list of types of hotspots recognized
by the municipality. If a site is a potential hotspot, it has important
implications for how stormwater is managed. First and foremost, untreated
stormwater runoff from hotspots concentrated into a collection system
shall not be recharged into groundwater where it may contaminate water
supplies. Therefore, the Rev requirement shall
not be applied to development sites that fit in a hotspot (the entire
WQv must still be treated). Second, a greater
level of stormwater treatment shall be applied at hotspot sites to
prevent pollutant washoff after construction. The Environmental Protection
Agency's (EPA) National Pollutant Discharge Elimination System
(NPDES) stormwater program requires some industrial sites to prepare
and implement a stormwater pollution prevention plan.
(2)
List of Potential Hotspots:
(a)
Vehicle salvage yards and recycling facilities.
(b)
Vehicle fueling stations.
(c)
Vehicle service and maintenance facilities.
(d)
Vehicle and equipment cleaning facilities.
(e)
Fleet storage areas (bus, truck, etc.).
(f)
Industrial sites based on Standard Industrial Codes.
(g)
Marinas (service and maintenance).
(h)
Outdoor liquid container storage.
(i)
Commercial/industrial facilities.
(j)
Public works storage areas.
(k)
Facilities that generate, transfer, store, or dispose of hazardous
materials.
(l)
Commercial container nursery.
(3)
The following land uses and activities are not normally considered
hotspots:
C.
Rate of Infiltration. When infiltration is not feasible due to poor
infiltration rates, the water quality volume must be treated by an
approved SMP.
4.
Additional Exemption Criteria:
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, property, water quality, and the environment.
B.
Drainage Problems. Where drainage problems exist downstream of the
proposed activity, then the municipality may deny exemptions.
C.
Exemptions are limited to specific portions of this chapter.
D.
HO and EV Streams. The municipality may deny exemptions in high-quality
(HQ) or exceptional-value (EV) waters and source water protection
areas (SWPAs).
E.
For a development taking place in stages, the entire development
plan must be used in determining compliance with these exemption criteria.
The starting point from which to consider tracts as "parent tracts"
in which future subdivisions and respective impervious area computations
are cumulatively considered shall be the date of the municipal ordinance
adoption of the original Pennypack Creek Watershed Stormwater Management
Plan Ordinance (December 16, 2013).
|
For example: If a property owner in Bucks County or Montgomery
County proposes a three-hundred-square-foot shed after adoption of
the Municipal Stormwater Management Ordinance, that property owner
would be exempt from site plan and peak rate control requirements.
If, at a later date, the property owner proposes to construct a garage
and driveway adding an additional 1,100 square feet of impervious
surface, the applicant would be required to submit a modified SWM
site plan (or a small project SWM site plan per Appendix 23-A, where
applicable) demonstrating the stormwater control requirements for
the total impervious surface of 1,400 square feet.
|
5.
The municipality may deny or revoke any exemption pursuant to this
section at any time for any project that the municipality believes
may pose a threat to public health, safety, property or the environment.
[Ord. 1018, 12/16/2013]
Any other ordinances, provisions or regulations of the municipality
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistencies only.
[Ord. 1018, 12/16/2013]
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
[Ord. 1018, 12/16/2013]
Approvals issued pursuant to this chapter 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, including 25 Pa. Code, Chapters 92, 102 and 105.
[Ord. 1018, 12/16/2013]
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land that may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner that otherwise
adequately protects health, safety, property, and water quality.
