The Board of Supervisors of Towamencin Township, Montgomery County, Pennsylvania finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout the Township increases flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development, activities causing accelerated erosion, and connections and discharges to the municipal separate storm sewer system 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. 
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.
D. 
Stormwater is an important water resource which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F. 
Federal and state regulations require the Township to implement a program of stormwater controls. The Township is required to obtain a permit for stormwater discharges from its separate storm sewer system under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee's regulated small municipal separate storm sewer systems (MS4s).
G. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of surface waters of the commonwealth by the Township.
The purpose of this chapter is to promote health, safety, and welfare within the Township and its watersheds by minimizing the harm and maximizing the benefits described in § 132-1 of this chapter through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
B. 
Utilize and preserve the existing natural drainage systems.
C. 
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
D. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper operation and maintenance of permanent stormwater management facilities and permanent stormwater management best management practices ("BMPs") in the Township that are constructed in conjunction with a regulated activity.
G. 
Provide review procedures and performance standards for stormwater planning and management.
H. 
Manage stormwater runoff close to the source.
I. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, to protect and maintain, reclaim, and restore the existing and designated uses of surface waters of the commonwealth.
J. 
Prevent scour and erosion of streambanks and streambeds.
K. 
Provide standards to meet NPDES stormwater permit requirements.
L. 
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the municipal separate storm sewer system of Towamencin Township.
M. 
Preserve natural drainage systems as much as possible.
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 "Storm Water 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 et seq.; and the Pennsylvania Second-Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A. 
The provisions of this chapter shall apply to all areas of the Township. The provisions of this chapter shall also apply to stormwater flow received from outside Township borders, which affects the overall stormwater management within the Township.
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 any of the regulated activities identified in this section.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious or semipervious surfaces (driveways, parking lots, etc.).
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation of stormwater management facilities, BMPs or appurtenances thereto.
(7) 
Any regulated activity requiring a grading and excavating permit pursuant to Chapter 87 of the Towamencin Township Code.
E. 
All regulated activities which result in earth disturbance shall comply with the requirements of the Towamencin Township Grading and Excavating Ordinance, Chapter 87 of the Towamencin Township Code. Earth disturbance activities and associated stormwater management facilities and BMPs are also regulated under existing state law. 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.
A. 
General exemptions. The following land use activities, not proposed in conjunction with a subdivision or land development, are exempt from the requirements of this chapter, except where otherwise identified herein:
(1) 
Installation of 1,500 square feet or less of cumulative impervious surface area when not in conjunction with a subdivision or land development. For regulated activities within the Neshaminy Creek Watershed, the impervious surface exemption criteria identified in Appendix 132F of this chapter shall be applicable:
(2) 
Use of land for gardening for home consumption.
(3) 
Agricultural activity when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Montgomery 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 chapter unless exempt pursuant to this § 132-5.
(4) 
Forest management operations following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and operating under an erosion and sediment control plan approved by the Montgomery County Conservation District.
(5) 
Public road replacement, replacement paving, repaving and/or driveway maintenance (without expansion).
(6) 
Repair and reconstruction of on-lot sewage disposal systems where work is performed in accordance with a valid permit issued by the Montgomery County Department of Health.
(7) 
Any aspect of stormwater management facility/BMP maintenance to an existing system made in accordance with plans and specifications approved by the Township.
(8) 
Lots that are part of an approved subdivision utilizing overall subdivision stormwater management facilities, such as detention basins, are exempt from 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 accounted for, from the lot, in the stormwater management design approved in conjunction with the subdivision. This exemption does not relieve those lots from utilizing on-lot controls where such controls are designated as part of the overall approved subdivision stormwater management system.
(9) 
Construction or reconstruction of buildings or additions to existing buildings or other impervious surface (regulated activities) are 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 1,500 square feet or less.
(b) 
The area where existing impervious surface is removed pursuant to § 132-5A(9)(a) above must be restored with a minimum of six inches of topsoil and permanent pervious groundcover.
(10) 
Grading and excavating permit applications (pursuant to Chapter 87) where the addition of impervious surface cover is 1,500 square feet or less.
(11) 
Lot line adjustment subdivisions are exempt when no increase in impervious surface is proposed.
(12) 
No exemption shall be provided for regulated activities as defined in § 132-4D(5) and (6) of this chapter.
B. 
All regulated activities in Towamencin Township not proposed in conjunction with a subdivision or land development, creating impervious surface area in excess of 1,500 square feet but less than the quantities identified in Table 132-5-1, below, and satisfying the designated setback criteria are exempt from the requirements of this chapter but must install stormwater management BMPs in accordance with Appendix 132D[1] of this chapter, Small Project Stormwater Management. This requirement shall apply to the total development even if development is to take place in phases. The starting date from which to consider tracts as "parent tracts" is February 25, 2004. All impervious surface area constructed on or after February 25, 2004, shall be considered cumulatively. Impervious surface area existing on the parent tract prior to this date shall not be considered in cumulative impervious surface area calculations for exemption purposes. Any area initially designated to be gravel or crushed stone shall be considered impervious surface. Regulated activities creating impervious surface area greater than those quantities referenced in Table 132-5-1 are not exempt from the requirements of this chapter and shall submit a drainage plan and application pursuant to Article IV of this chapter. For regulated activities within the Neshaminy Creek Watershed, the impervious surface exemption criteria identified in Appendix 132F[2] of this chapter shall be applicable.
Table 132-5-1 Impervious Surface Exemption Criteria
Parcel Size
Minimum Setback*
(refer definition below)
Additional Impervious Surface Area
Exempt
"Drainage Plan" - NOT Required; Infiltration BMPs pursuant to "Small Project Stormwater Management" guidelines (Refer Appendix 132D) - Required
Less than 1 acre
25 feet or greater
Greater than 1,500 square feet but less than or equal to 2,500 square feet
1 acre or greater but less than 1 1/2 acres
35 feet or greater
Greater than 1,500 square feet but less than or equal to 3,500 square feet
1 1/2 acres or greater, but less than 2 acres
50 feet or greater
Greater than 1,500 square feet but less than or equal to 4,400 square feet
2 acres or greater, but less than 5 acres
100 feet or greater
Greater than 1,500 square feet but less than or equal to 10,000 square feet
5 or more acres
250 feet or greater
Greater than 1,500 square feet but less than or equal to 15,000 square feet
NOTES:
*
The "Minimum Setback" is defined as that distance between the down-slope 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.
[1]
Editor's Note: Appendix 132D is included as an attachment to this chapter.
[2]
Editor's Note: Appendix 132F is included as an attachment to this chapter.
C. 
Additional exemption criteria:
(1) 
Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property or any other county, state, or federal regulations:
(2) 
Where drainage problems are documented or known to exist downstream of, or are expected from, the proposed activity, the Township may deny an exemption.
(3) 
The Township may deny or revoke any exemption pursuant to this section at any time for any development activity the Township concludes may pose a threat to public health and safety or the environment or is a cause of pollution to surface waters of the commonwealth.
D. 
Exemptions from any provision permitted by this section shall not relieve the applicant from all other requirements of this chapter, except where identified.
Any other ordinance provision(s) or regulation of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision(s) of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.
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 local, state or federal code, rule, regulation, act, or ordinance. 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.
B. 
Nothing in this chapter shall be construed to affect any of the Township's requirements regarding stormwater matters which 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 Township ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
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.