[Ord. 2011-12,[1] 6/20/2011]
This Part regulates:
A.
Stormwater runoff associated with land development, subdivision of
land and construction of impervious surface.
B.
Diversion of natural or man-made channels.
C.
The installation of stormwater systems in all portions of Doylestown
Borough.
D.
Prohibition Against Nonstormwater Discharges.
[Amended by Ord. No. 2022-7, 9/19/2022]
(1)
Prohibited Discharges.
(a)
No person shall allow, or cause to allow, stormwater discharges
into the Borough's separate storm sewer system or into the surface
waters of this commonwealth that are not composed entirely of stormwater,
except:
(b)
Discharges which may be allowed, based on a finding by the Borough
that the discharge(s) do not significantly contribute pollution to
the Borough's separate storm sewer system or to the surface waters
of the commonwealth, are:
1)
Discharge from firefighting activities.
2)
Discharges from potable water sources, including water line
flushing and fire hydrant flushing, if such discharges do not contain
detectable concentrations of total residual chlorine ("TRC").
3)
Noncontaminated irrigation water, water from lawn maintenance,
landscape drainage and flows from riparian habitats and wetlands.
4)
Noncontaminated HVAC condensation and water from geothermal
systems.
5)
Residential (i.e., not commercial) vehicle wash water where
cleaning agents are not utilized.
6)
Diverted stream flows and springs.
7)
Noncontaminated pumped ground water and water from foundation
and footing drains and crawl space pumps. Connection of a sump pump
discharge pipe directly into the storm sewer system is encouraged;
however, discharge to a lawn area is acceptable. A permit and approval
from the Borough will be required for any connection to the storm
sewer system.
8)
Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
9)
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
(c)
In the event the Borough determines that any of the discharges
identified in Subsection D(1)(b) significantly contribute to pollution
of the Borough separate storm sewer system or of surface waters of
the commonwealth, the Borough will notify the responsible person to
cease the discharge.
(d)
Upon notice provided by the Borough under Subsection D(1)(c),
the discharger will have a reasonable time, as determined by the Borough
in its sole, reasonable discretion, to cease the discharge, consistent
with the degree of pollution caused by the discharge.
(e)
Nothing in this section shall affect a discharger's responsibilities
under state law.
(2)
Prohibited Connections. The following connections are prohibited,
except as provided in Subsection D(1)(b) above:
(a)
Any drain or conveyance, whether on the surface or subsurface,
which allows any non-stormwater discharge, including sewage, process
wastewater, and washwater, to enter the Borough's separate storm
sewer system or to enter the surface waters of this commonwealth.
No grass clippings, trash, debris, etc. shall be allowed into the
Borough's separate storm sewer system.
(b)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system that has not been documented
in plans, maps, or equivalent records and approved by the Borough.
[1]
Editor's Note: This ordinance superseded former Ch. 8, Flood
Plain Regulations, Part 1, Stormwater Management, adopted 4-1-1994
by Ord. 1994-4.
[Ord. 2011-12, 6/20/2011]
This Part shall be known as the "Doylestown Borough Stormwater
Management Ordinance."
[Ord. 2011-12, 6/20/2011]
The Doylestown Borough Council finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
flood 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 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 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 stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals, and pathogens.
C.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, 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 is an important water resource providing 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 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).
G.
The use of green infrastructure and low-impact development ("LID")
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 and LID contribute to the restoration or maintenance of
pre-development hydrology.
[Added by Ord. No. 2022-7, 9/19/2022]
[Ord. 2011-12, 6/20/2011]
The purpose of this Part is to promote the public health, safety
and welfare within Doylestown Borough by minimizing the damages described
in this Part by provisions designed to:
A.
Manage stormwater runoff created by development activities, taking
into account the cumulative stormwater impacts from peak runoff rates
and runoff volume.
B.
Maintain and/or improve existing water quality of streams, watercourses
and impoundments by preventing the additional loading of various stormwater
runoff pollutants into the stream system and enhancing base flow as
much as possible.
C.
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.
D.
Minimize increases in stormwater volume and control peak flows.
E.
Minimize impervious surfaces.
F.
Provide review procedures and performance standards for stormwater
planning and management.
G.
Preserve the 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.
Preserve and restore the flood-carrying capacity of streams.
K.
Prevent scour and erosion of stream banks and streambeds.
L.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
M.
Address certain requirements of the municipal separate stormwater
sewer system (MS4) NPDES Phase II Stormwater Regulations.
N.
Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
[Ord. 2011-12, 6/20/2011]
The Doylestown Borough Council is empowered to regulate land
use activities that affect runoff, surface and groundwater quality
and quantity by the authority of the Pennsylvania Municipalities Code,
Act 247,[1] as amended, the Pennsylvania Storm Water Management Act,[2] Act No. 167 of October 4, 1978 (P.L. 864); and the Borough
Code. The Doylestown Borough Council hereby enacts and ordains this
Part as the Doylestown Borough Stormwater Management Ordinance.
[Ord. 2011-12, 6/20/2011]
1.
The following activities are defined as regulated activities and
shall be regulated by this Part:
A.
Land development.
B.
Subdivision.
C.
Construction, reconstruction, or addition of new impervious surfaces
(driveways, parking lots, roads, etc., except for reconstruction of
roads, driveways, parking lots where there is no increase in impervious
surface).
D.
Construction of new buildings or additions to existing buildings.
E.
Diversion or piping or encroachment in any natural or man-made stream
channel or conveyance channel.
F.
Regulated earth disturbance activity.
G.
Prohibited or polluted discharges.
H.
Alteration of the natural hydrologic regime.
I.
Redevelopment.
J.
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
2.
Additional stormwater management design and construction criteria,
such as inlet spacing, collection system details, construction material
specifications, etc., shall be as described in this Part or in the
Doylestown Borough Subdivision and Land Development Regulations. Appropriate
sections from the Doylestown Borough's Subdivision and Land Development
Ordinance, and other applicable local ordinances, shall be followed
in the design, construction, and maintenance of all stormwater BMPs
if not listed in this Part.
3.
This Part shall apply to all regulated activities detailed above.
The more stringent requirements of this Part, the Zoning Ordinance,
the Subdivision and Land Development Regulations or other requirements
of Doylestown Borough shall apply if any regulated activity requires
compliance with other ordinances and regulations of Doylestown Borough.
4.
Should any section or provision of this Part be declared invalid
by a court of competent jurisdiction, such decision shall not affect
the validity of any of the remaining provisions of this Part.
[Ord. 2011-12, 6/20/2011]
Approvals issued pursuant to this Part 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.
[Ord. 2011-12, 6/20/2011; as amended by Ord. No. 2011-17, 10/17/2011]
1.
Regulated activities that create impervious surfaces less than or
equal to 1,000 square feet are exempt from the peak rate control,
volume control, and the SWM site plan preparation requirements located
in this Part unless the activity is found to be a significant contributor
of pollution to the waters of the commonwealth.
[Amended by Ord. No. 2022-7, 9/19/2022]
2.
Regulated activities that create impervious surfaces greater than
1,000 square feet, up to and including 5,000 square feet, are exempt
only from the peak rate control requirements of this Part. These activities
are not exempt from the SWM site plan requirements and the volume
requirements of the Part. The non-engineered small project site plan
detailed in Appendix X[1] can be used to satisfy the SWM site plan requirements
for residential activities only and the volume control requirements.
[Amended by Ord. No. 2022-7, 9/19/2022]
|
Impervious Surface Exemption Thresholds for the Neshaminy Creek
Watershed
| ||||
|---|---|---|---|---|
|
Part Article or Section
|
Type of Project
|
Proposed Impervious Surface
| ||
|
0 to 1,000 square feet
|
More than 1,000 to 5,000 square feet
|
5,000 or more square feet
| ||
|
Subpart D, SWM site plan requirements
|
All development
|
Exempt
|
Not exempt (except residential activity)
|
Not exempt
|
|
Appendix X, Non-Engineered Small Project Site Plan
|
Only residential development applicable
|
Exempt
|
Applicable
|
Not applicable
|
|
§ 8-122, volume control requirements
|
All development
|
Exempt
|
Not exempt
|
Not exempt
|
|
§ 8-123, peak rate controls
|
All development
|
Exempt
|
Exempt
|
Not exempt
|
|
§ 8-151, as-built plans, completion certificate, and final inspection
|
All development
|
Exempt
|
Not exempt (except residential activity)
|
Not exempt
|
|
§ 8-126, erosion and sediment pollution control requirements
|
Must comply with Title 25, Chapter 102 of the PA Code and any
other applicable state, county and municipal codes. PA DEP requires
an engineered post-construction SWM plan with projects proposing earth
disturbance greater than one acre.
| |||
[1]
Editor's Note: Appendix X is on file in the Borough offices.
3.
4.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this Part, provided
that the activities are performed according to the requirements of
25 Pa. Code, Chapter 102.
5.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this Part, provided that the activities are performed according
to the requirements of 25 Pa. Code, Chapter 102.
6.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by Doylestown Borough is exempt.
7.
The use of land for gardening for home consumption is exempt from
the requirements of this Part.
9.
Additional exemption criteria:
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
B.
Drainage Problems. Where drainage problems are documented or known
to exist downstream of, or are expected from, the proposed activity,
Doylestown Borough may deny exemptions.
C.
Exemptions are limited to specific portions of this Part.
D.
HQ and EV Streams. Doylestown Borough may deny exemptions in high
quality (HQ) or exceptional value (EV) waters and Source Water Protection
Areas (SWPA).
[Ord. 2011-12, 6/20/2011]
Any other ordinance or ordinance provision of Doylestown Borough
inconsistent with any of the provisions of this Part is hereby repealed
to the extent of the inconsistency only.
[Added by Ord. No. 2022-7, 9/19/2022]
2.
Waivers or modifications of the requirements of this Part may be
approved by the Doylestown Borough Council 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 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. 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 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 Doylestown Borough unless that action is approved in advance by
the Department of Environmental Protection (DEP) or the delegated
county conservation district.
