[Ord. 691, 9/10/2009]
This Part 4 shall be known as the "Warminster Township Stormwater Management Ordinance."
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township finds that:
A.
Inadequate management of stormwater runoff from development in a watershed increases flood flows and velocities, erodes and/or silts stream channels, pollutes water, overloads existing drainage facilities, undermines floodplain management in 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 streambanks 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 (SWM), 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 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 base flow 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. 691, 9/10/2009]
The purpose of this Part 4 is to promote the public health, safety, and welfare within the Township by maintaining the natural hydrologic regime and minimization of the impacts described in § 26-402 of this Part 4 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 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 and groundwater quality, and to otherwise protect water resources.
J.
Maintain existing base flows and quality of streams and watercourses.
K.
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 this commonwealth.
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 streambanks and streambeds.
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.
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township, pursuant to the Pennsylvania Stormwater Management Act,[1] Act No. 167 of October 4, 1978 (P.L. 864), and the laws of second class townships, hereby enacts and ordains this Part 4 as the "Warminster Township Stormwater Management Ordinance." This Part 4 shall apply to the activities defined in § 26-405 of this Part 4.
[Ord. 691, 9/10/2009]
2.
This Part 4 contains those stormwater runoff control criteria and standards which are necessary or desirable from a total watershed perspective.
3.
The following activities are defined as regulated activities and shall be regulated by this Part 4:
A.
Land development.
B.
Subdivision.
C.
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
D.
Construction of new buildings or additions to existing buildings.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation of stormwater systems or appurtenances thereto.
4.
Additional stormwater management design and construction criteria, such as inlet spacing, collection system details, construction material specifications, etc., shall be as described in §§ 22-518, 22-520, 22-521, and 22-523 of Chapter 22, Subdivision and Land Development, of the Code of the Township of Warminster.
[Amended by Ord. 737, 1/19/2017]
5.
This Part 4 shall apply to all regulated activities detailed above. The more stringent requirements of this Part 4, Chapter 27, Zoning, Chapter 22, Subdivision and Land Development, or other requirements of Warminster Township shall apply if any regulated activity requires compliance with other ordinances and regulations of Warminster Township.
6.
Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This Part 4 shall operate in conjunction with those parallel requirements; the requirements of this Part 4 shall be no less restrictive in meeting the purposes of this Part 4 than state law.
[Ord. 691, 9/10/2009]
1.
General exemptions. The following land use activities are exempt from stormwater management requirements of this Part 4:
A.
Use of land for gardening for home consumption.
B.
Agriculture when operated in accordance with a conservation plan, nutrient management plan or erosion and sediment control plan approved by Bucks 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 shall be subject to the provisions of this Part 4 unless exempt pursuant to § 26-406, Subsection 2.
C.
Public road replacement, replacement paving, repaving and/or driveway maintenance (without expansion).
D.
Installation of less than 1,000 square feet of new impervious surface.
E.
Repair and reconstruction of on-lot sewage disposal systems where work is performed in accordance with a valid permit issued by Bucks County Department of Health.
2.
Stormwater peak rate control exemption. All regulated activities as described in § 26-405 of this Part 4 shall comply with the stormwater management requirements hereof (refer § 26-424) except those activities listed in the Stormwater Management Exemption Criteria table. Those activities listed in Stormwater Management Exemption Criteria table are, to the extent stated herein, exempt from certain provisions of this Part 4.[1] Any regulated activities that meet the exemption criteria established in this section are exempt from stormwater management requirements of Part 4C and stormwater management plan submission requirements of Part 4D. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is the date of adoption of this Part 4. All impervious surface area constructed on or after said date shall be considered cumulatively. Impervious surface existing on the parent tract prior to the date of adoption shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety, and property.
Table 405.1 Stormwater Management Exemption Criteria | |||
|---|---|---|---|
1. | |||
Total Parcel Area (acres) | Maximum Exempt Impervious Surface Area (square feet) | ||
<0.5 | 1,000 | ||
0.5 to 2.0 | 2,000 | ||
2.0 to 5.0 | 3,500 | ||
>5.0 | 5,000 | ||
2. | |||
A. | An area of impervious surface is removed from the site equal to, or in excess of, the proposed impervious surface area. | ||
B. | The area where existing impervious surface is removed pursuant to Item 2A above must be restored with a minimum of 12 inches of topsoil and stabilized groundcover. | ||
3. | Grading permit applications, required in accordance with Township ordinances, where the addition of impervious surfaces is 1,000 square feet or less. | ||
4. | Lot line adjustment subdivision applications are exempt when no increase in impervious surface is proposed. | ||
[1]
Editor's Note: See said table below.
3.
Additional exemption criteria:
A.
An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety, and property.
B.
An exemption shall not relieve the applicant from implementing measures to meet water quality requirements per § 26-422.
C.
HQ and EV streams — An exemption shall not relieve the applicant from meeting special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters.
D.
Exceptions shall not be granted for any regulated activity where the area of disturbance is greater than 0.5 acres.
4.
The municipality, upon request by the applicant, may grant an exemption from the provisions of this Part 4 for a project qualifying under § 26-406, Subsection 2. If an exemption is granted, the municipality may require the applicant to pay a fee in an amount established by separate resolution of the Board of Supervisors to the Municipal Stormwater Management Capital Fund.
5.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 26-406, Subsection 2, shall be required, at a minimum, to submit the following documentation for review:
A.
Three copies of the completed Township stormwater management plan application form.
B.
Stormwater management exemption review fee and escrow, as established by separate resolution of the Board of Supervisors.
C.
Three copies of a plot plan for the parcel which is the subject of the exemption application containing, at a minimum, the following information:
(1)
Property boundaries and area of the site, based on deed information or field survey.
(2)
Location map identifying the site relative to streets and other parcels in the vicinity of the site.
(3)
Location of significant natural features pursuant to ordinance requirements (Chapter 22, Part 6) and existing man-made features, including wetlands, watercourses, woodlands, steep slopes, structures, parking areas, driveways, utilities, wells, and septic systems within 100 feet of the proposed limits of earth disturbance and/or impervious surface, regardless of the location of the property boundary.
(4)
Location and dimensions of existing and proposed impervious surface and other improvements, with setbacks drawn to relate the location of same to property lines, streets, and existing features.
(5)
North arrow and plan scale, graphic and written.
(6)
Information regarding existing/proposed topography and drainage patterns within 100 feet of proposed limits of earth disturbance and/or impervious surface based on field survey and/or field observation.
[Ord. 691, 9/10/2009]
1.
Approvals issued pursuant to this Part 4 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.
3.
Nothing in this Part 4 shall be construed to affect any of the municipality's requirements regarding stormwater matters that do not conflict with the provisions of this Part 4, 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 Part 4 addressing state water quality requirements.
[Added by Ord. No. 769, 9/8/2022]
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.
[Added by Ord. No. 769, 9/8/2022]
2.
Waivers or modifications of the requirements of this Part 4 may be approved by the Township if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of this Part 4 is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of this Part 4. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of this Part 4 involved and the proposed modification.
3.
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.