The Middletown Township Council 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, degrades water
quality, 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.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
erosion, is fundamental to the public health, safety, welfare, and
the protection of the people of the Township and all the people of
the commonwealth, their resources, and the environment.
C.
Through project design, impacts from stormwater runoff can be minimized
to 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, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, riparian corridors, floodplains, steep slopes, very steep
slopes, etc.), and designing to topography and soils to maintain the
natural hydrologic regime.
D.
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 stream beds and stream banks thereby elevating sedimentation),
destroying aquatic habitat and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens.
E.
The aforementioned impacts happen mainly through a decrease in natural
infiltration of stormwater.
F.
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.
G.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a federal permit for stormwater discharges from their municipal
separate storm sewer system (MS4) under the National Pollutant Discharge
Elimination System (NPDES) and are required to reduce sediment and
other pollutants from entering the MS4.
I.
Nonstormwater discharges to municipal separate storm sewer systems
(MS4) can contribute to pollution of surface waters of the commonwealth
by the Township.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Middletown Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 198-1 of this chapter through provisions designed to:
A.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code Chapter 93.4a to protect and maintain "existing uses"
and maintain the level of water quality to support those uses in all
streams, and to protect and maintain water quality in "special protection"
streams.
B.
Promote nonstructural best management practices (BMP).
C.
Minimize increases in stormwater volume and control peak flow.
D.
Minimize impervious surfaces.
E.
Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
F.
Utilize and preserve the existing natural drainage systems.
G.
Maintain the pre-development volume of groundwater recharge and prevent
degradation of groundwater quality.
H.
Maintain the pre-development peak and volume of stormwater runoff
and prevent degradation of surface water quality.
I.
Minimize nonpoint source pollutant loadings to the ground and surface
waters.
J.
Minimize impacts on stream temperatures.
K.
Maintain existing flows and quality of streams and watercourses in
the Township and the commonwealth.
L.
Preserve and restore the flood-carrying capacity of streams.
M.
Provide proper operations and maintenance of all permanent stormwater
management facilities and best management practices that are implemented
in the Township.
N.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
O.
Provide review procedures, performance standards, and design criteria
for stormwater planning and management.
P.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
Q.
Infiltrate stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
R.
Prevent stream bank and stream bed scour and erosion.
S.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
T.
Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
U.
Implement an illicit discharge detection and elimination program
to address nonstormwater discharges into the MS4.
The Township is empowered to regulate land use activities that
affect runoff by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
Stormwater Management Act; by the authority of Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as
further amended by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101;
and by the authority of Home Rule, 53 Pa.C.S.A., § 2961
et seq.
A.
This chapter shall apply to all areas of the Township that are located
within the Ridley Creek and Chester Creek Watersheds.
B.
All construction and development activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter.
C.
This chapter shall apply to temporary and permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities which are specifically not
regulated by this chapter shall continue to be regulated under existing
laws and ordinances.
D.
This chapter contains the stormwater management performance standards
and design criteria that are necessary or desirable from a watershed-wide
perspective. Stormwater management design criteria (e.g., inlet spacing,
inlet type, collection system design and details, outlet structure
design, etc.) shall continue to be regulated by applicable ordinances,
where not specifically identified herein.
E.
The following activities are defined as "regulated activities" and shall be regulated by this chapter, except as may be exempt from provisions of this chapter pursuant to § 198-5:
(1)
Land development.
(2)
Subdivision.
(3)
Prohibited or polluted discharges.
(4)
Alteration of the natural hydrologic regime.
(5)
Construction of new or additional impervious surfaces (refer to Article II) which cumulatively exceed 500 square feet in area since August 28, 2012.
(6)
Construction of new buildings or additions to existing buildings
which cumulatively exceed 500 square feet of impervious surface area
since August 28, 2012.
(7)
Redevelopment (Refer to Article II.) proposing demolition and/or removal of more than 50% of existing structures and impervious surfaces on a site, excluding sites maintaining existing single-family detached or single-family semidetached residential dwelling uses. In the event a proposed development fails to meet the thresholds necessary to constitute redevelopment hereunder, an applicant may request a modification (waiver of modification) approved the requirements of under § 198-9, subject to the recommendation of the Township Manager, or their designee, where the Applicant can demonstrate that the development proposes an overall enhancement to the Middletown Township community, including, but not limited to, development proposing a multimodal transportation enhancement for Township residents or a proposed alternative redevelopment which is consistent with the Township Comprehensive Plan or other plan adopted by the Township.
(8)
Diversion piping or encroachments in any natural or man-made stream
channel.
(9)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
(10)
Temporary storage of impervious or pervious material (rock,
soil, etc.) where ground contact exceeds 5% of the lot area or 5,000
square feet (whichever is less), and where the material is placed
on slopes exceeding 8%.
A.
Exemption from any provision of this chapter shall not relieve the
applicant from all other applicable requirements of this chapter,
as identified herein or any applicable state or federal regulations.
B.
If approved by the Township pursuant to § 198-5E of this chapter, the following regulated activities are exempt from the requirements of this chapter (except as identified in § 198-5D or as otherwise specifically identified, herein):
(1)
Installation of 1,200 square feet or less of cumulative impervious
surface area since August 28, 2012.
(2)
Use of land for gardening for home consumption.
(3)
Agricultural activities when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Delaware County Conservation District, including activities such as growing crops, rotating crops, tilling of soil, and grazing animals. Installation of new, or expansion of existing, farmsteads, animal housing, waste storage, production areas, or other areas having impervious surfaces shall be subject to the provisions of this chapter unless exempt pursuant to § 198-5.
(4)
Lot line adjustment subdivisions are exempt where no new lots are
proposed and when no increase in impervious surface is proposed.
(5)
Public road replacement, replacement paving, repaving and/or maintenance,
and roadway shoulder improvements. This includes shoulder improvements
conducted within the existing roadway cross section of municipally
owned roadways, provided said improvements do not result in the construction
of a new lane of travel. However, if the shoulder improvements require
an NPDES permit, the proposed work must comply with all of the requirements
of this chapter.
(6)
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Township.
(7)
Repair and reconstruction of on-lot sewage disposal systems where
work is performed in accordance with a valid permit issued by the
Township or county.
(8)
Lots that are part of an approved subdivision containing overall
subdivision stormwater management facilities, such as detention basins,
rain gardens, etc., are exempt from additional individual lot controls
if the total quantity of impervious surface area on the lot (existing
plus proposed) is equal to or less than that quantity allocated to
the lot, in the stormwater management design approved in conjunction
with the subdivision. Stormwater runoff from impervious surface area
must be directed to on-lot stormwater controls and overall subdivision
stormwater controls consistent with that shown on the approved subdivision
plan.
(9)
Construction or reconstruction of buildings or additions to existing
buildings or other impervious surface (regulated activities) is exempt
where the following conditions are met:
(a)
An area of impervious surface is removed from the site so that
upon completion of the regulated activity, the total increase of impervious
surface area is 1,200 square feet, or less.
(b)
The area where existing impervious surface is removed pursuant to § 198-5B(9)(a) above must be restored in accordance with § 198-19J of this chapter.
(10)
Grading and excavating permit applications (pursuant to Chapter 186 of the Middletown Township Code) where the addition of impervious surface area is 1,200 square feet or less.
(11)
A high tunnel (Refer to Article II.) shall be exempt from the provisions of this chapter if:
(a)
The high tunnel conforms to all applicable Township Code requirements
except as otherwise exempted by Pennsylvania Act 15 of 2018 (Act of
April 18, 2018, P.L. 91, No. 15); and
(b)
The high tunnel or its flooring does not result in an impervious
area exceeding 25% of all structures located on the owner's total
contiguous land area; and
(c)
The high tunnel meets one of the following:
[1]
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road or neighboring property line; and
[2]
The high tunnel is located at least 35 feet from top of bank
of any perennial stream or watercourse, public road or neighboring
property line and located on land with a slope not greater than 7%;
and
[3]
The high tunnel is supported with a buffer or diversion system
that does not directly drain into a stream or other watercourse by
managing stormwater runoff in a manner consistent with requirements
of Stormwater Management Act 167.
C.
Except as identified in § 198-5D (or as otherwise identified in this chapter), regulated activities in Middletown Township creating a cumulative amount of additional impervious surface area [on a "parent tract" - refer to § 198-5D(4)] in excess of 1,200 square feet but less than the quantities identified in table 198-5.1, and satisfying the setback criteria identified in Table 198-5.2, are only exempt from certain provisions of this chapter and must comply with the requirements of the Simplified Stormwater Management Approach, including submission and approval of a simplified stormwater management site plan (SSMSP) pursuant to Article IV of this chapter. Regulated activities creating impervious surface area greater than the quantities referenced in Tables 198-5.1 and 198-5.2 are not exempt from any requirements of this chapter and shall submit for approval a stormwater management site plan (SMSP) pursuant to Article IV of this chapter.
(1)
Regulated activities included within § 198-5C are exempt from certain provisions of this chapter where the cumulative amount of additional proposed impervious surface area and the location of the impervious surface area conform to the following tables, 198-5.1 and 198-5.2.
|
Table 198-5.1 - Maximum Exempt Impervious Surface Area
| |
|---|---|
|
Total Parcel Area
(acres)
|
Maximum Exempt Impervious Surface Area
(square feet)
|
|
Less than 0.50
|
1,200
|
|
0.50 to 1.0
|
2,500
|
|
Greater than 1.0 to 2.0
|
4,000
|
|
Greater than 2.0 to 5.0
|
5,000
|
|
Greater than 5.0
|
7,500
|
(2)
Maximum amount of impervious surface area permitted (pursuant to
Table 198-5.1) within a setback (excluding driveway access), measured
from the downslope property boundary, shall conform to the following
table:
|
Table 198-5.2 - Maximum Exempt Impervious Surface Area Permitted
Within the Setback
| |
|---|---|
|
Minimum Setback*
(feet)
|
Maximum Exempt Impervious Surface Area Permitted Within the
Setback
(square feet)
|
|
10
|
None permitted
|
|
20
|
1,200
|
|
50
|
2,500
|
|
100
|
4,000
|
|
200
|
5,000
|
|
500
|
7,500
|
|
NOTES:
| |
|
*
|
The "minimum setback" is defined as that distance between the
downslope property boundary (where surface stormwater runoff from
the regulated activity crosses that boundary) to the nearest point
of the proposed impervious improvements, or the stormwater control
structure discharge point, whichever is closer. Setback distances
may be adjusted at the discretion of the Township Engineer based upon
factors such as topography, surface flow path, soil conditions, and
location of structures.
|
(3)
Projects meeting the exemption criteria established by Tables 198-5.1 and 198-5.2 must comply with the requirements of the Simplified Stormwater Management Approach and shall construct a stormwater management infiltration facility (BMP) capable of capturing, storing and infiltrating the first two inches of rainfall generated by the net increase in impervious surface area (or the equivalent, thereof). The physical surface area of infiltration BMPs (the surface on which water is infiltrated) shall be no less than 20% of the net increase of impervious surface area. Infiltration BMPs must be constructed in accordance with Middletown Township standards and specifications and provisions of § 198-19 of this chapter, unless an alternative construction specification is approved by the Township Engineer. Regulated activities subject to the Simplified Stormwater Management Approach must submit to the Township for approval a simplified stormwater management site plan (SSMSP) conforming to the requirements of this chapter. Refer to § 198-23, § 198-24 and Middletown Township standards and specifications for plan content requirements, construction details for required infiltration BMPs, design and calculation criteria and submission and approval requirements.
D.
Conditions and eligibility.
(1)
Subdivision and/or land development activities are not eligible for exemption and are not eligible for the Simplified Stormwater Management Approach (§ 198-5C).
(2)
Nonresidential development activities and development activities disturbing one acre or more of ground are not eligible for exemption and are not eligible for the Simplified Stormwater Management Approach (§ 198-5C), except for municipal activities that do not require state or federal permits or subdivision and/or land development approval. Development activities on a site involving residential properties containing three or more separate residential units constitutes nonresidential development activity hereunder.
(4)
All impervious surface area constructed on a parcel or tract ("parent
tract") after August 28, 2012, shall be considered cumulatively in
determining the eligibility of a regulated activity for exemption.
Impervious surface area existing on a parent tract prior to this date
shall not be included in cumulative impervious surface area summation.
Any area designated to be gravel or crushed stone shall be considered
impervious surface unless it is part of an approved BMP. This requirement
shall apply to the total development of the parcel even if development
is to take place in phases.
(5)
Any regulated activity that does not create new or additional impervious surface area, but would create additional stormwater runoff as compared to the pre-development condition [e.g., removing woods or forest (or other dense vegetation) and replacing with nonwooded vegetation such as meadow or lawn], is not eligible for exemption and is not eligible for the Simplified Stormwater Management Approach (§ 198-5C).
(6)
An exemption shall not relieve the applicant from compliance with § 198-16D of this chapter related to "riparian corridor" and other Middletown Township Code requirements, including but not limited to Chapter 275, Article XXIX (Floodplain Conservation District), Chapter 275, Article XXX (Steep Slope Conservation District), Chapter 186 (Grading and Excavating, aka Soil Erosion and Sedimentation Control) and Middletown Township standards and specifications.
(7)
An exemption shall not relieve the applicant from implementing such
measures as are necessary to protect the public health, safety, and
property.
(8)
Drainage problems. Where drainage problems are documented or known
to exist downstream of, or is expected from, the proposed activity,
the Township may deny an exemption.
(9)
HQ and EV streams. An exemption shall not relieve the applicant from
meeting state or county requirements for watersheds draining to high
quality (HQ) or exceptional value (EV) waters.
(10)
Forest management (timber harvesting) operations are not eligible
for exemption.
E.
Middletown Township, upon written request by an applicant, may grant an exemption from the provisions of this chapter for a regulated activity qualifying for an exemption identified pursuant to § 198-5B. The Township shall require the applicant to pay a fee to the Middletown Township Stormwater Management Capital Fund, in an amount established by separate resolution of Middletown Township Council, for any exemption identified pursuant to § 198-5B(1), (9) and/or (10) of this chapter.
F.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 198-5B and E shall, at a minimum, submit the following documentation to the Township for approval of an exemption:
(1)
Two copies of the completed Township stormwater management exemption
application form.
(2)
Exemption application fee as established by separate resolution of
Township Council.
(3)
Two copies of a plan containing, at a minimum, the following information:
(a)
Name and address of owner and tax folio number.
(b)
Property boundaries and acreage of the parcel including a copy
of the parcel deed.
(c)
Location map identifying the site relative to streets and other
parcels in the vicinity of the site.
(d)
Location of existing site features within 100 feet of the proposed
impervious surface area, including but not limited to wetlands, watercourses,
surface waters, riparian corridor, floodplains, woods, forest, steep
slopes and very steep slopes (as defined by the Middletown Township
Zoning Ordinance[1]), structures, parking areas, driveways, utilities, wells,
and on-lot septic systems, regardless of the location of the property
boundary.
(e)
Location and dimensions of existing and proposed impervious surface and other improvements on the property (that do not absorb rainfall), with setbacks drawn to relate the location of same to property lines, streets, and other existing features. Impervious surface area tabulation must be provided identifying existing area of impervious surface, existing impervious surface area to be removed, and proposed impervious surface areas. Impervious surface areas removed shall be restored in accordance with § 198-19J of this chapter. This restoration must be verified by the applicant for an exemption, if approved by the Township.
Any ordinance or ordinance provision of the Township inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decisions shall
not affect the viability of any of the remaining provisions of this
chapter.
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.
A Modification of the requirement of one or more provisions
of this chapter may be granted by the Township Manager upon the recommendation
of the Township Engineer or other Township professional staff, as
applicable, if the literal enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that such modification will not be contrary to the public interest
and that the purpose and intent of this chapter is observed. In the
event a requested modification is denied by the Township Manager,
the Middletown Township Council may grant a waiver of a modification
upon submission of a written request, which specifically sets forth
the justification of modification of the requirement(s). In granting
a waiver of a modification hereunder, Middletown Township Council
may impose such conditions upon the waiver as will, in its judgment,
substantially secure the objectives of this chapter.
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 Township purporting to validate such a violation.
