[Ord. No. 261, 3/6/2023]
This chapter by the Council of the Borough of Honey Brook, Chester County, Pennsylvania, repeals existing Chapter
23 of the Code of Ordinances entitled "Stormwater Management" and readopts Chapter
23 of the Code of Ordinances entitled "Stormwater Management" by enacting certain standards and regulations regarding stormwater management and erosion and sedimentation control within the Borough and that the following chapter be and is hereby incorporated into the Code of Ordinances of the Borough of Honey Brook as follows. This chapter may be referred to as the "Honey Brook Borough Stormwater Management Ordinance."
[Ord. No. 261, 3/6/2023]
The governing body of the municipality finds that:
1. Inadequate management of accelerated stormwater runoff resulting
from land disturbance and development throughout a watershed increases
flooding, flows and velocities, contributes to erosion and sedimentation,
overtaxes the 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 infiltration and groundwater recharge,
increases nonpoint source pollution to waterways, and threatens public
health and safety.
2. Inadequate planning and management of stormwater runoff resulting
from land disturbance and development throughout a watershed can 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.
Groundwater resources are also impacted through loss of recharge.
3. A comprehensive program of stormwater management, including minimization
of impacts of new development, redevelopment, and other earth disturbance
activities causing accelerated runoff and erosion and loss of natural
infiltration, is fundamental to the public health, safety, and general
welfare of the people of the municipality and all of the people of
the commonwealth, their resources, and the environment.
4. Stormwater is an important water resource that provides infiltration
and groundwater recharge for water supplies and baseflow of streams,
which also protects and maintains surface water quality.
5. Impacts from stormwater runoff can be minimized by reducing the volume
of stormwater generated and by using project designs that maintain
the natural hydrologic regime and sustain high water quality, infiltration,
stream baseflow, and aquatic ecosystems. Cost-effective and environmentally
sensitive stormwater management can be achieved through the use of
nonstructural site design techniques that minimize impervious surfaces,
reduce disturbance of land and natural resources, avoid sensitive
areas (i.e., riparian buffers, floodplains, steep slopes, wetlands,
etc.), and consider topography and soils to maintain the natural hydrologic
regime.
6. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
7. Federal and state regulations require the municipality to implement
a program of stormwater controls. The municipality is required to
obtain a permit and comply with its provisions for stormwater discharges
from its Separate Storm Sewer System under the National Pollutant
Discharge Elimination System (NPDES).
8. Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
9. The use of green infrastructure, low-impact development (LID), and
conservation design (CD) 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, LID, and CD contribute to the restoration
or maintenance of pre-development hydrology.
[Ord. No. 261, 3/6/2023]
The purpose of this chapter is to protect public health, safety
and general welfare, property and water quality as well as to protect,
sustain, and enhance the surface water and groundwater resources of
Honey Brook Borough, by implementing drainage and stormwater management
practices, criteria, and provisions included herein for land development,
construction and earth disturbance activities, to achieve the following
throughout the municipality:
1. Reduce the frequency and magnitude of flooding and stormwater impacts
affecting people, property, infrastructure, and public services.
2. Sustain or improve the natural hydrologic characteristics and water
quality of groundwater and surface waters.
3. Protect natural resources, including riparian and aquatic living
resources and habitats.
4. Maintain the natural hydrologic regime of land development sites
and their receiving watersheds.
5. Minimize land disturbance and protect and incorporate natural hydrologic
features, drainage patterns, infiltration, and flow conditions within
land development site designs.
6. Reduce and minimize the volume of stormwater generated and manage
and release stormwater as close to the source of runoff as possible.
7. Provide infiltration and maintain natural groundwater recharge to
protect groundwater supplies and stream baseflows, prevent degradation
of surface water and groundwater quality, and to otherwise protect
water resources.
8. Reduce stormwater pollutant loads to protect and improve the chemical,
physical, and biological quality of ground and surface waters.
9. Reduce scour, erosion, and sedimentation of stream channels.
10. Reduce flooding impacts and preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
11. Protect adjacent and downgradient lands from adverse impacts of direct
stormwater discharges.
12. Minimize impervious surfaces and connected impervious surfaces to
promote infiltration and reduce the volume and impacts of stormwater
runoff.
13. Provide proper long-term operation and maintenance of all permanent
stormwater management facilities, BMPs and conveyances that are implemented
within the municipality.
14. Reduce the impacts of runoff from existing developed land undergoing
redevelopment while encouraging new development and redevelopment
in urban areas and areas designated for growth.
15. Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
16. Provide stormwater management performance standards and design criteria
based on watershed-based stormwater management planning.
17. Provide standards to meet certain NPDES stormwater permit requirements.
18. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of the
commonwealth.
19. Implement the requirements of total maximum daily load (TMDL) where
applicable to waters within or impacted by the municipality.
20. Provide review procedures and performance standards for stormwater
planning and management.
21. Fulfill the purpose and requirements of PA Act 167 (PA Act 167, Section
3):
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"(1)
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Encourage planning and management of stormwater runoff in each
watershed which is consistent with sound water and land use practices.
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(2)
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Authorize a comprehensive program of stormwater management designated
to preserve and restore the flood-carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross-section of water
of the commonwealth; and to protect and conserve groundwaters and
groundwater recharge areas.
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(3)
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Encourage local administration and management of stormwater
consistent with the commonwealth's duty as trustee of natural
resources and the people's constitutional right to the preservation
of natural, economic, scenic, aesthetic, recreational and historic
values of the environment."
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[Ord. No. 261, 3/6/2023]
The municipality is empowered or required to regulate land use
activities that affect runoff and surface water and groundwater quality
and quantity by the authority of:
1. Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the "Storm Water Management Act" (hereinafter
referred to as "the Act");
2. Borough Code, 53 P.S. § 46201 et seq., as amended; and
3. Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247 (hereinafter referred to as the "MPC").
[Ord. No. 261, 3/6/2023]
The following activities may be exempted from formal on-site
stormwater runoff design control. An exemption shall apply only to
the requirement for on-site stormwater runoff control facilities and
the preparation of an engineered formal stormwater runoff control
management plan. All other stormwater management design elements,
such as a storm sewer system, road culverts, erosion and sedimentation
control, and stormwater runoff quality, shall be required. All exemption
requests must be filed with the Honey Brook Borough administration
office and reviewed and approved by the Borough Engineer and/or Borough
Council.
1. Requirements for Exempt Activities.
A. An exemption from any requirement of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter or from implementing such measures as are necessary
to protect public health, safety, and welfare, property, and stormwater
quality. Typical water quality measures can be found in Appendix E.
B. An exemption shall not relieve the applicant from complying with
the requirements for state-designated special protection waters designated
by PADEP as high quality (HQ) or exceptional value (EV) waters, or
any other current or future state or municipal water quality protection
requirements.
C. An exemption under this chapter shall not relieve the applicant from complying with all other applicable municipal ordinances or regulations or other applicable sections of this chapter. Operations and maintenance agreement per Part
7 may not be exempt and must be fully complied.
2. General Exemptions. Regulated activities that 1) involve less than 250 square feet of regulated impervious surfaces and less than 500 square feet of earth disturbance, or 2) are listed in §
23-106, Subsection
3, are exempt from those (and only those) requirements of this chapter that are included in the sections and Parts listed in Table 106.1. Exemptions are for the items noted in Table 106.1 only and shall not relieve the landowner from other applicable requirements of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and stormwater quality. Typical water quality treatment measures can be found in Appendix E. Municipal application and exemption worksheets can be found in Appendix F.
Table 106.1
Thresholds for Regulated Activities That Are Exempt From the
Provisions of This Chapter as Listed Below
(see notes below)
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Chapter Part/Section
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Activities Listed in § 23-106, Subsection 3
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Less Than 500 Square Feet of Regulated Impervious Surfaces and
Less Than 1,000 Square Feet of Earth Disturbance
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Equal to or Greater Than 500 Square Feet of Regulated Impervious
Surface or Equal to or Greater Than 1,000 Square Feet of Earth Disturbance
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Part 1
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Not exempt
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Not exempt
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Not exempt
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Part 2
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Exempt
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Not exempt*
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Not exempt
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Exempt
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Exempt if § 23-106, Subsection 4, is applied
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Not exempt
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Part 4
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Exempt
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Not exempt**
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Not exempt
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Part 5
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Exempt
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Not exempt**
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Not exempt**
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Part 6
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Exempt
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Not exempt**
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Not exempt
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Part 7
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Exempt
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Not exempt**
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Not exempt
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Part 8
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Not exempt
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Not exempt
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Not exempt
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Part 9
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Not exempt
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Not exempt
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Not exempt
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Other erosion, sediment and pollution control requirements
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Must comply with 25 Pa. Code Chapter 102 and other applicable
state and municipal codes, including the Clean Streams Law
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NOTES:
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Specific activities listed in § 23-106, Subsection 3, are exempt from the indicated requirements.
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A proposed regulated activity must be less than both the regulated impervious surfaces and earth disturbance thresholds to be eligible for exemption from the requirements listed in this table and eligible per § 23-106, Subsection 4.
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"Regulated impervious surface": as defined in this chapter.
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"Exempt": Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
These exemptions have no bearing on other municipal regulations or
ordinances.
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"Not Exempt*": Regulated activities may be exempt from applicable
requirements of this section.
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"Not Exempt**": Regulated activities may be exempt from the
requirements of listed section(s) if the:
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- Activity does not involve §§ 23-310 and/or 23-311 of this chapter.
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- Typical water quality treatment measures found
in Appendix E are utilized.
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- Municipal application and exemption worksheet
found in Appendix F is utilized.
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3. Exemptions for Specific Activities. The following specific regulated activities are totally exempt from the requirements of §§
23-301,
23-304,
23-305,
23-306,
23-307,
23-308, and
23-309, and Part
4, Part
5, Part
6, and Part
7 of this chapter (as shown in Table 106.1), unless otherwise noted below. All other conveyance and system design standards established by the municipality in other codes or ordinances shall be required, and all other provisions of this chapter shall apply (i.e., §§
23-310 and
23-311).
A. Emergency Exemption. Emergency maintenance work performed for the
protection of public health, safety, and welfare. This exemption is
limited to repair of the existing stormwater management facility;
upgrades, additions or other improvements are not exempt. A written
description of the scope and extent of any emergency work performed
shall be submitted to the municipality within two calendar days of
the commencement of the activity. A detailed plan shall be submitted
no later than 30 days following commencement of the activity. If the
municipality finds that the work is not an emergency, then the work
shall cease immediately, and the requirements of this chapter shall
be addressed as applicable.
B. Maintenance. Any maintenance to an existing stormwater management
facility, BMP or conveyance made in accordance with plans and specifications
approved by the Municipal Engineer or municipality.
C. Existing Landscaping. Use of land for maintenance, replacement, or
enhancement of existing landscaping.
D. Gardening. Use of land for gardening for home consumption.
E. Agricultural Related Activities.
(1)
Agricultural activities (as defined in Part
2), when performed in accordance with the requirements of 25 Pa. Code Chapter 102.
(2)
Conservation practices (as defined in Part 2) that do not involve
construction of any new or expanded impervious surfaces.
(3)
High tunnel if:
(a)
The high tunnel or its flooring does not result in an impervious
surface exceeding 25% of all structures located on the landowner's
total contiguous land area; and
(b)
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.
2)
The high tunnel is located at least 35 feet from any perennial
stream or watercourse, public road or neighboring property line and
located on land with a slope not greater than 7%.
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 the requirements
of Pennsylvania Act 167.
F. Forest Management. Forest management operations, which are consistent with a sound forest management plan as filed with the municipality and which comply with the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan, which meets the requirements of 25 Pa. Code Chapter 102 and meets the erosion and sediment control standards of §
23-303 of this chapter.
G. Maintenance of Existing Gravel and Paved Surfaces. Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and §
23-303 of this chapter and is exempt from all other requirements of this chapter listed in §
23-106, Subsection
3, above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surfaces is exempt from the requirements of this chapter listed above. Construction/addition of new or additional gravel or impervious surfaces shall comply with all requirements of this chapter as indicated in Table 106.1 or Subsection
3K below.
H. Municipal Roadway Shoulder Improvements. Shoulder improvements conducted
within the existing roadway cross-section of municipal owned roadways,
unless an NPDES permit is required, in which case the proposed work
must comply with all requirements of this chapter.
I. In-Place Replacement of Residential Dwelling Unit. The replacement
in the exact footprint of an existing one- or two-family dwelling
unit.
J. In-Place Replacement, Repair, or Maintenance of Residential Impervious
Surfaces. The replacement of existing residential patios, decks, driveways,
pools, garages, and/or sidewalks that are accessory to an existing
one- or two-family dwelling unit in the exact footprint of the existing
impervious surface.
K. Increase in 250 square feet or less of impervious surfaces.
4. Modified Requirements for Small Projects. Regulated activities that involve less than 500 square feet of regulated impervious surfaces and less than 1,000 square feet of proposed earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (Simplified Approach) to comply with the requirements of §§
23-301,
23-304,
23-305,
23-306,
23-307,
23-308,
23-309, and
23-310 of this chapter (as shown in Table 106.1). The applicant shall first contact the Municipal Engineer to confirm that the proposed project is eligible for use of the Simplified Approach and is not otherwise exempt from these chapter provisions; to determine what components of the proposed project are to be considered as impervious surfaces; and to determine if other known site or local conditions exist that may preclude the use of any techniques included in the Simplified Approach. Appendix G includes instructions and procedures for preparation, submittal, review, and approval of documents required when using the Simplified Approach and shall be adhered to by the applicant. Infiltration testing for projects using the Simplified Approach is recommended but is not required by this chapter. All other provisions of this chapter including Part
7 shall apply.
[Ord. No. 261, 3/6/2023]
Any ordinance or ordinance provision of Honey Brook Borough
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistency only; provided, however,
that this repeal shall in no manner be construed as a waiver, release
or relinquishment of the right to initiate, pursue or prosecute, as
the case may be, any proceeding at law or in equity pertaining to
any act done which would have constituted a violation of such prior
ordinance or ordinance provision. All of said ordinance or ordinance
provisions shall remain in full force and effect and are not repealed
hereby as they pertain to such acts and to the processing of such
plans filed prior to the effective date of this chapter which are
protected from the effect of intervening ordinances by § 508(4)
of the Pennsylvania Municipalities Planning Code.
[Ord. No. 261, 3/6/2023]
Should any sentence, clause, section, or part of this chapter
be declared invalid, or is for any reason found to be unconstitutional,
illegal, or invalid by a court of competent jurisdiction, such determination
of unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this chapter. It is hereby declared the intent of the
governing body of Honey Brook Borough that this chapter would have
been adopted had such unconstitutional, illegal, or invalid provision,
sentence, clause, section, or part thereof not been included herein.
[Ord. No. 261, 3/6/2023]
For all activities requiring submittal of a stormwater management
(SWM) site plan that involves subdivision or land development, the
applicant shall post financial security to the municipality for the
timely installation and proper construction of all stormwater management
facilities as required by the approved SWM site plan and this chapter,
and such financial security shall:
1. Be equal to or greater than the full construction cost of the required
facilities except to the extent that financial security for the cost
of any of such improvements is required to be and is posted with the
Pennsylvania Department of Transportation in connection with a highway
occupancy permit application; and
2. Be determined, collected, applied, and enforced in accordance with
§§ 509 to 511 of the MPC and the provisions of the municipality's subdivision
and land development ordinance (SALDO).
[Ord. No. 261, 3/6/2023]
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 municipality purporting to validate such a violation.
[Ord. No. 261, 3/6/2023]
The standards contained herein shall be administered, enforced
and penalties ascribed pursuant to the Honey Brook Borough Zoning
Ordinance or Subdivision and Land Development Ordinance.