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Township of Horsham, PA
Montgomery County
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This chapter shall be known and cited as the "Horsham Township 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 streambeds and streambanks, thereby increasing sedimentation), destroying aquatic habitat, and increasing 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 is an important 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 Horsham Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 190-2 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 stormwater best management practices (BMPs).
C. 
Minimize increases in runoff stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated stormwater runoff, 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, prevent degradation of surface and groundwater quality, and protect water resources.
J. 
Maintain existing baseflows and quality of streams and watercourses.
K. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code § 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 standards 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 based on watershed-wide stormwater management and planning.
R. 
Provide proper operation and maintenance of all stormwater management facilities and BMPs that are implemented in the municipality.
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 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 appropriate municipal code.
B. 
Secondary authority. The municipality is also empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activities, are subject to regulation by this chapter. This chapter shall apply to all portions of land that lie within Horsham Township, and shall apply only to stormwater BMPs constructed as part of any of the regulated activities listed in this section.
A. 
Regulated activities include the following:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction or reconstruction (See definition in § 190-12.) 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) 
Stormwater BMPs or appurtenances thereto.
(9) 
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.
B. 
In the event of any conflict between the regulations and requirements set forth in this chapter and the Township's Subdivision and Land Development Ordinance,[1] the more restrictive standard or the regulation imposing the higher standard shall be controlling. The standards and requirements set forth in this chapter and those similar standards and requirements set forth in the Township's Subdivision and Land Development Ordinance are intended to be read together when determining compliance.
[1]
Editor's Note: See Ch. 198, Subdivision and Land Development.
A. 
Table 106.1 summarizes the eligibility for exemptions from certain requirements in this chapter. "Proposed impervious surface" in Table 106.1 includes new, additional, or replacement impervious surface/cover. Repaving existing surfaces without reconstruction (See § 190-12.) does not constitute replacement.
Table 106.1
Impervious Surface and Earth Disturbance Exemption Thresholds for Horsham Township
Proposed New Impervious
Ordinance, Article or Section
Type of Project
Less Than 1,000 Square Feet
1,000 to 5,000 Square Feet
More Than 5,000 Square Feet
Article III, SWM Site Plan Requirements
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt*
Not exempt
Not exempt
§ 190-21, Nonstructural project design to minimize stormwater impacts
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 190-22, Groundwater recharge requirements
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 190-23, Volume control requirements
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 190-24, Stream bank erosion requirements (channel protection)
Residential
Exempt
Exempt
Not exempt
Nonresidential
Exempt
Not exempt
Not exempt
§ 190-25, Stormwater peak rate control and management districts
Residential
Exempt
Exempt
Not exempt
Nonresidential
Exempt
Not exempt
Not exempt
Erosion and sediment pollution control requirements
Must comply with 25 Pa. Code Chapter 102 and any other applicable state, county, and municipal codes
NOTES:
Exempt – Exempt unless a determination is made by the municipality that the project is subject to § 190-6E. SWM site plan may still be required by other sections or provisions. Additionally, any residential project that generates less than 1,000 square feet of new impervious surfaces is exempt from the requirements of this chapter unless stormwater management facilities are deemed necessary by the Township Engineer.
Not exempt – Not exempt. All provisions apply.
Not exempt* – Modified SWM site plan required. Nonresidential projects with less than 1,000 square feet of new impervious surface must submit a SWM site plan to the Township which need consist only of the items in § 190-13A(2) and (4); § 190-13B(7), (8), (11), and (22); and § 190-13D(1) and (3), and related supportive material needed to determine compliance with §§ 190-21 through 190-23.
B. 
Exemptions for land use activities.
(1) 
Agricultural plowing and tilling are exempt from the rate control and SWM site plan preparation requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(2) 
Forest management and timber operations are exempt from the rate control and SWM site plan preparation requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3) 
For a development taking place in stages, the entire development plan must be used in determining compliance with these exemption criteria. The starting point from which to consider tracts as parent tracts, in which future subdivisions and respective impervious area computations are cumulatively considered, shall be the date of the municipality's adoption of this Horsham Township Stormwater Management Ordinance.
C. 
Infiltration exemptions.
(1) 
Depth to limiting zone. A minimum of two feet of soil suitable for infiltration must exist between the invert of the infiltration BMP 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.
(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 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, transfer, store, or dispose of hazardous materials.
[12] 
Commercial container nursery.
(b) 
The following land uses and activities are not normally considered hotspots:
[1] 
Residential streets and rural highways.
[2] 
Residential development.
[3] 
Institutional development.
[4] 
Office developments.
[5] 
Nonindustrial rooftops.
[6] 
Pervious areas, except golf courses and nurseries [which may need an integrated pest management (IPM) plan].
(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.
D. 
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, property, water quality, and the environment.
(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 municipality may deny exemptions in high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA).
(5) 
For a development taking place in stages, the entire development plan must be used in determining compliance with these exemption criteria. The starting point from which to consider tracts as parent tracts, in which future subdivisions and respective impervious area computations are cumulatively considered, shall be the date of the municipal ordinance adoption of this Horsham Township Stormwater Management Ordinance.
E. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
Any other ordinances, provisions or regulations of the municipality inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistencies 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 25 Pa. Code Chapters 92, 102 and 105.
Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in the alteration or development of land that may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner that otherwise adequately protects health, safety, property, and water quality.
[Added 8-10-2022 by Ord. No. 2022-05]
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 municipality which purports to validate such a violation.
[Added 8-10-2022 by Ord. No. 2022-05]
A. 
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Municipality may, after an evaluation of alternatives, approve measures other than those in this Ordinance, subject to § 190-12B and C.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the municipality 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 the chapter 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 the chapter. 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 the chapter involved and the proposed modification.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Municipality unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.