This chapter shall be known and cited as the "Tookany/Tacony-Frankford
Watershed Stormwater Management Ordinance."
The governing body of the municipality finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed 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
non-point source pollution of water resources.
B.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety and welfare and the protection
of people of the commonwealth, their resources and the environment.
C.
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.
D.
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 Pollution Discharge Elimination System
(NPDES).
The purpose of this chapter is to promote the public health, safety, and welfare within the Tookany/Tacony-Frankford Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 290-2 of this chapter through provisions designed to:
A.
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.
B.
Preserve the natural drainage systems as much as possible.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for watershed-wide stormwater
planning and management.
E.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and stream beds.
G.
Provide proper operation and maintenance of all permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the municipality.
H.
Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use and activities
that may affect runoff and surface water and groundwater quality and
quantity by the authority of:
A.
Primary authority. The municipality is empowered to regulate land
use activities that affect runoff and surface water and groundwater
quality and quantity 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 and the Code of the Township of Cheltenham.
In addition, the City of Philadelphia's stormwater regulations, revised
and implemented in January 2006, prescribe stormwater management requirements
for development and post-development stormwater management control.
These regulations are available online at: http://www.phillyriverinfo.org/programs/subprogrammain.aspx?Id=Regulations.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this chapter. In addition,
all applicable development in Philadelphia County must comply with:
A.
The latest version of the Stormwater Management Guidance Manual (currently
Version 2.0), prepared by the Philadelphia Water Department Office
of Watersheds. This manual is available online at: http://www.phillyriverinfo.org/PWDDevelopmentReview/RequirementsLibrary.aspx?.
The site contains several checklists which have been developed to
assist the user in complying with these regulations.
|
Table 290-5.1
Ordinance Applicability for the Philadelphia County Portion
of the Watershed
| |||||
|---|---|---|---|---|---|
|
Earth Disturbance Associated with Development
| |||||
|
Ordinance Article or Section
|
Type of Project
|
0 Square Feet to 15,000 Square Feet
|
15,000 Square Feet; 1 Acre
|
More Than 1 Acre
| |
|
Article III
Drainage Plan Requirements
|
New development
|
N/A**
|
Yes
|
Yes
| |
|
Redevelopment
|
N/A**
|
Yes
|
Yes
| ||
|
§ 290-20
Groundwater Recharge Requirements
|
New development
|
N/A**
|
Yes
|
Yes
| |
|
Redevelopment
|
N/A**
|
Yes
|
Yes
| ||
|
§ 290-21
Water Quality Requirements
|
New development
|
N/A**
|
Yes
|
Yes
| |
|
Redevelopment
|
N/A**
|
Yes
|
Yes
| ||
|
§ 290-22
Channel Protection/Streambank Erosion Requirements
|
New development
|
N/A**
|
Yes
|
Yes
| |
|
Redevelopment
|
N/A**
|
Exempt
|
Yes (alternate criteria)
| ||
|
§ 290-23
Flood Control/Stormwater Peak Rate Control and Management Districts
Requirements
|
New development
|
N/A**
|
Yes
|
Yes
| |
|
Redevelopment
|
N/A**
|
Yes (alternate criteria)
|
Yes (alternate criteria)
| ||
|
Notes:
| |
|---|---|
|
Yes (alternate criteria) — Redevelopment disturbing more
than one acre which reduces the DCIA from predevelopment conditions
by at least 20% is exempt from the channel protection requirements
of this chapter, and redevelopment greater than or equal to 15,000
square feet which reduces the DCIA from predevelopment conditions
by at least 20% is exempt from the flood control requirements of this
chapter (See Section 106, Philadelphia County Portion of the Watershed,
for further details).
| |
|
N/A — Not applicable; development project is not subject
to requirements of indicated regulations section. Voluntary controls
are encouraged.
| |
|
Exempt — Development project is not subject to requirements
of indicated regulations section.
| |
|
** — If the proposed development results in stormwater
discharge that exceeds stormwater system capacity, increases the FEMA-regulated
water surface elevation, causes a combined sewer overflow, or degrades
receiving waters, the design specifications presented in these regulations
may be applied to proposed development activities as warranted to
protect public health, safety, or property.
|
A.
Exemptions for land use activities. Note: Philadelphia County and
Montgomery County will follow different exemption criteria.
(1)
Montgomery County portion of the watershed:
(b)
Disconnected regulated activities (regulated activities that create disconnected impervious areas) equal to or greater than 250 square feet and less than 1,000 square feet are exempt only from the peak rate control (§ 290-23) requirement of this chapter.
(c)
Agricultural plowing and tilling are exempt from the rate control
and drainage plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
(d)
Forest management and timber operations are exempt from the
rate control and drainage plan preparation requirements of this chapter,
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
(2)
Philadelphia County portion of the watershed:
(a)
Development, including new development and redevelopment, that
results in an area of earth disturbance less than 15,000 square feet
is exempt from certain requirements as outlined in Table 290-5.1.
However, applicants must still meet erosion and sediment (E&S)
control requirements and coastal water quality requirements from other
programs if applicable as described in Table 290-5.1.
(b)
Redevelopment that results in an area of earth disturbance greater than or equal to 15,000 square feet, but less than one acre, is exempt from the channel protection/stream bank erosion (§ 290-22) requirements of this chapter.
(c)
Redevelopment that results in an area of earth disturbance greater than or equal to one acre and reduces the predevelopment DCIA (directly connected impervious areas) on the site by at least 20% is exempt from the channel protection/stream bank erosion (§ 290-22) and flood control/peak rate control (§ 290-23) requirements of this chapter.
(d)
In District C, development sites that can discharge directly
to the Frankford Creek Main Channel (east of Interstate I-95) and
to the Delaware River main channel or Tidal Schuylkill River major
tributary without use of city infrastructure may do so without control
of proposed conditions peak rate of runoff. When adequate capacity
in the downstream system does not exist and will not be provided through
improvements, the proposed conditions peak rate of runoff must be
controlled to the predevelopment conditions peak rate as required
in District A provisions for the specified design storms. The predevelopment
condition for new development is the existing condition. For redevelopment
purposes, the predevelopment condition is determined according to
the procedures found in the Philadelphia Stormwater Guidance Manual.
B.
Infiltration exemptions.
(1)
Depth to limiting zone. A minimum of two feet of soil suitable for
infiltration must exist between the invert of the infiltrating SMP
and the top of the nearest limiting zone. Otherwise, the Rev requirement shall not be applied to the development
site, and the entire WQv must be treated as defined in §§ 290-20 and 290-21.
(2)
Stormwater hotspots. Below is a list of types of hotspots recognized
by the municipality. If a site is a potential hotspot, it has important
implications for how stormwater is managed. First and foremost, untreated
stormwater runoff from hotspots concentrated into a collection system
shall not be recharged into groundwater where it may contaminate water
supplies. Therefore, the Rev requirement as defined in §§ 290-20 and 290-21 shall not be applied to development sites that fit in a hotspot (The entire WQv must still be treated.). Second, a greater level of
stormwater treatment shall be applied at hotspot sites to prevent
pollutant washoff after construction. The Environmental Protection
Agency's (EPA) National Pollutant Discharge Elimination System (NPDES)
stormwater program requires some industrial sites to prepare and implement
a stormwater pollution prevention plan.
(a)
List of potential hotspots:
[1]
Vehicle salvage yards and recycling facilities.
[2]
Vehicle fueling stations.
[3]
Vehicle service and maintenance facilities.
[4]
Vehicle and equipment cleaning facilities.
[5]
Fleet storage areas (bus, truck, etc.).
[6]
Industrial sites based on Standard Industrial Codes.
[7]
Marinas (service and maintenance).
[8]
Outdoor liquid container storage.
[9]
Commercial/Industrial facilities.
[10]
Public works storage areas.
[11]
Facilities that generate or store hazardous materials.
[12]
Commercial container nursery.
(b)
The following land uses and activities are not normally considered
hotspots:
(3)
Rate of infiltration. When infiltration is not feasible due to poor
infiltration rates, the water quality volume must be treated by an
approved SMP.
C.
Additional exemption criteria:
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as necessary to protect public health,
safety, and property.
(2)
Drainage problems. Where drainage problems exist downstream of the
proposed activity, then the municipality may deny exemptions.
(3)
Exemptions are limited to specific portions of this chapter.
(4)
HQ and EV streams. The municipalities may deny exemptions in high
quality (HQ) or exceptional value (EV) waters and source water protection
areas (SWPA).
Any other ordinance, provisions or regulations of the municipality
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity 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, including Title 25 Pa. Code, Chapters 92, 102 and 105.
