This chapter shall be known as the "Prospect Park Borough Stormwater Management Ordinance."
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 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.
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 can be an important water 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.
The purpose of this chapter is to promote the public health, safety, and welfare within the Municipality by maintaining the natural hydrologic regime and minimizing the impacts described in § 144-2 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 nonstructural best management practices (BMPs).
C. 
Minimize increases in runoff stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated stormwater runoff and 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, to prevent degradation of surface water and groundwater quality, and to otherwise protect water resources.
J. 
Maintain existing base flows and quality of streams and watercourses, where possible.
K. 
Meet legal water quality requirements under state law, including regulations at 25 Pennsylvania 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 a mechanism to identify stormwater controls 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 stream beds.
Q. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
R. 
Provide proper operation and maintenance of all permanent stormwater management facilities and BMPs that are implemented in the Municipality.
The Municipality is empowered to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of:
A. 
Act of October 4, 1978, P.L. 864 (Act 167) 32 P.S. § 680.1 et seq., as amended, the Stormwater Management Act (hereinafter referred to as "the Act");
B. 
Water Resources Management Act of 2002, as amended;
C. 
Second Class Township Code, 53 P.S. § 66501 et seq., 53 P.S. § 66601 et seq., and the Borough Code, 53 P.S. § 46201 et seq.;
D. 
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This chapter shall apply to all areas of the Municipality.
B. 
This chapter shall only apply to permanent structural and nonstructural stormwater management BMPs constructed as part of any of the regulated activities listed in this section.
C. 
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local 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 the applicable municipal ordinances and applicable state regulations.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 144-6:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction or reconstruction of or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.).
(5) 
Construction of new buildings or additions to existing buildings.
(6) 
Redevelopment.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
(9) 
Earth disturbance activities of greater than 5,000 square feet. NOTE: This chapter applies to any earth disturbance activity greater than or equal to 5,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities of less than one acre that are associated with redevelopment projects are exempt from the Section 407 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
(10) 
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.
E. 
Table 1 summarizes the applicability requirements of the chapter. "Proposed Impervious Surface" in Table 1 includes new, additional, or replacement impervious surface/cover. Repaving existing surfaces without reconstruction does not constitute "replacement."
Table 1
Chapter Applicability
Proposed Impervious Surface
Earth
Disturbance
Chapter Article or Section
Type of Project
0 to 2,000 Square Feet
2,000 to 5,000 Square Feet
5,000 Square Feet to 1 Acre
Great-er Than 1 Acre
5,000 Square Feet to 1 Acre
Great-
er Than 1 Acre
Article III, Drainage
plan require-
ments
Development
N/A
Modified
Yes
Yes
Modi-
fied
Yes
Redevelop-
ment
N/A
Modified
Yes
Yes
Modi
fied
Yes
§ 144-19, Nonstru-
ctural project
design
Development
N/A
Yes
Yes
Yes
Yes
Yes
Redevelop-
ment
N/A
Yes
Yes
Yes
Yes
Yes
§ 144-20, Ground-
water recharge
Development
N/A
Yes
Yes
Yes
N/A
Yes
Redevelop-
ment
N/A
Yes
Yes
Yes
N/A
Yes
§ 144-21, Water quality require-
ments
Development
N/A
Yes
Yes
Yes
N/A
Yes
Redevelop-
ment
N/A
Yes
Yes
Yes
N/A
Yes
§ 144-22, Stream bank erosion require-
ments
Development
N/A
Exempt
Yes
Yes
N/A
Yes
Redevelop-
ment
N/A
Exempt
Exempt
Yes
N/A
Yes
§ 144-23, Storm-
water peak rate control and manage-
ment districts
Development
N/A
Exempt
Yes
Yes
Yes
Yes
Redevelop-
ment
N/A
Exempt
Yes
Yes
Yes
Yes
Erosion and sediment pollution control plan submiss-
ion to the Conser-
vation District
Earth
disturbance
See earth disturb-
ance require-
ments.
See earth disturb-
ance require-
ments.
See earth disturb-
ance require-
ments.
See earth disturb-
ance require-
ments.
Yes
Yes
(Refer to municipal earth disturbance requirements, as applicable.)
Legend:
Yes: Drainage plan required with associated section provision.
N/A: Not applicable; exempt from drainage plan submission.
Exempt: Exempt from required section provision. Drainage plan submission may still be required if other section provisions are applicable (yes in box).
Modified: Modified drainage plan required.
A.
Sites with less than 2,000 square feet of impervious surface, but between 5,000 square feet and one acre of earth disturbance must submit a drainage plan to the Municipality which need only consist of the items in § 144-11B(1)(b) and (d); § 144-11B(2)(g), (h), (k) and (v); and § 144-11B(4)(a) and (c) and related supportive material needed to determine compliance with §§ 144-19 and 144-23.
B.
Sites with more than 2,000 square feet, but less than 5,000 square feet of impervious surface must submit a drainage plan; however, it need not consist of the items in §§ 144-22 and 144-23.
A. 
Exemptions for land use activities. The following land use activities are exempt from the drainage plan submission requirements of this chapter.
(1) 
Use of land for gardening for home consumption.
(2) 
Agriculture when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the 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, and production areas having impervious surfaces that result in a net increase in earth disturbance of greater than 5,000 square feet shall be subject to the provisions of this chapter.
(3) 
Forest management operations which are following the Department of Environmental Protection's (DEP) management practices contained in its publication Soil Erosion and Sedimentation Control Guidelines for Forestry and are operating under an approved erosion and sedimentation plan and must comply with the stream buffer requirements in § 144-21G.
(4) 
Road replacement, development, or redevelopment that has less than 2,000 square feet of new, additional, or replaced impervious surface/cover, or in the case of earth disturbance only, less than 5,000 square feet of disturbance, is exempt from this chapter.
B. 
Exemptions for land development activities.
(1) 
The following land development and earthmoving activities are exempt from the drainage plan submission requirements of this chapter.
(a) 
A maximum of 2,000 square feet of new, additional, or replacement proposed impervious surface or in the case of earth disturbance resulting in less than 2,000 square feet of impervious cover (as noted above).
[NOTE: The following is optional. Please see below. The developer should first determine if the proposed activity will result in the introduction of 2,000 square feet or more of new, additional, or replacement impervious surface. If not, the developer should next determine if the proposed activity will involve earthmoving of over 5,000 square feet. If not, then the project is exempt from the drainage plan requirements. Examples:
[1]
A project introducing 2,100 square feet of impervious cover, but only 4,900 square feet of earthmoving is regulated by this chapter.
[2]
A project involving 5,100 square feet of earthmoving, but resulting in 1,900 square feet of impervious cover is regulated.
[3]
A project introducing 1,900 square feet of impervious cover and involving 4,900 square feet of earthmoving is exempt from the drainage plan requirements of this chapter.
(b) 
Up to a maximum of 5,000 square feet of disturbed earth.
(2) 
These criteria shall apply to the total development even if the development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as parent tracts upon which future subdivisions and respective earth disturbance computations shall be cumulatively considered.
(3) 
The activities exempted above are still encouraged to implement the voluntary stormwater management practices as indicated in Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the Borough offices.
C. 
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) 
HQ and EV streams. An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 144-19).
(3) 
Drainage problems. If a drainage problem is documented or known to exist downstream of or is expected from the proposed activity, then the Municipality may require the applicant to comply with this chapter.
(4) 
Emergency exemption. Emergency maintenance work performed for the protection of public health, safety, and welfare. A written description of the scope and extent of any emergency work performed shall be submitted to the Prospect Park Borough within two calendar days of the commencement of the activity. If the Prospect Park Borough 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.
(5) 
Maintenance exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Municipal Engineer or Prospect Park Borough.
(6) 
Even though the developer is exempt, he is not relieved from complying with other regulations.
A. 
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.
B. 
To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.
C. 
Nothing in this chapter shall be construed to affect any of the Municipality's requirements regarding stormwater matters that do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.