This Part 3 shall be known and cited as the "Pennypack Creek 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 Part 3 is to promote the public health, safety, and welfare within the Pennypack Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 154-72 of this Part 3, through provisions designed to:
A. 
Promote alternative project designs and layouts that minimize the impacts on surface 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 Chapter 93.4a 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 and groundwater quality and quantity by the authority of the following:
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 "Storm Water Management Act" and the Pennsylvania Borough Code 53 P.S. §§ 45101-48501. In addition, the City of Philadelphia's stormwater regulations 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.
B. 
Secondary authority. The municipality also is 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.
A. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activities, are subject to regulation by this Part 3. This Part 3 shall apply to those portions of the municipality that lie within the Pennypack Creek Watershed, in accordance with the stormwater management districts established in § 154-93 and shall apply only to stormwater BMPs constructed as part of any of the regulated activities listed in this section.
B. 
In addition, all applicable development in Philadelphia County must comply with the City of Philadelphia's stormwater regulations, which are available online at http://www.phillyriverinfo.org/programs/subprogrammain.aspx?Id=Regulations.
C. 
Furthermore, all applicable development in Philadelphia County must comply with 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 that have been developed to assist the user in complying with the City of Philadelphia's regulations.
D. 
Regulated activities include the following:
(1) 
Land development;
(2) 
Subdivisions;
(3) 
Alteration of the natural hydrologic regime;
(4) 
Construction or reconstruction (see definition in § 154-80) 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) 
Earth disturbance activities of equal to or greater than 5,000 square feet;
(10) 
Any of the above regulated activities which were approved more than five years prior to the effective date of this Part 3 and resubmitted for municipal approval.
(11) 
The following note applies to those portions of the Pennypack Creek Watershed that lie within Bucks and Montgomery Counties.
(a) 
This Part 3 applies to any earth disturbance activity equal to or greater than 5,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities of between 5,000 square feet and one acre that are associated with either development or redevelopment projects have drainage plan requirements per Table 76.1,[1] and those that are associated with redevelopment are exempt from the § 154-92 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
A. 
Table 76.1 summarizes the eligibility for exemptions from certain requirements in this Part 3. "Proposed Impervious Surface" in Table 76.1 includes new, additional, or replacement impervious surface/cover. "Repaving" existing surfaces without reconstruction (see § 154-80) does not constitute replacement.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B. 
Exemptions for land use activities.
(1) 
Note: In addition to the eligibility for exemptions summarized in the respective Tables 76.1, Philadelphia County, Bucks County, and Montgomery County will follow different exemption criteria, as stated below.
(2) 
Bucks County and Montgomery County portions of the watershed. (Note: Appendix A-1[2] contains guidance for preparation of small project SWM site plans for small regulated activities that create impervious surface areas of less than 1,500 square feet. This guidance provides property owners who propose such small regulated activities the opportunity to submit SWM site plans without having to hire qualified persons.)
(a) 
Disconnected regulated activities (regulated activities that create disconnected impervious areas) smaller in area than 500 square feet are exempt from the SWM site plan (§ 154-81) preparation requirements of this Part 3, except when the associated earth disturbance area is equal to or greater than 5,000 square feet.
(b) 
Disconnected regulated activities (regulated activities that create disconnected impervious areas) having an area equal to or greater than 500 square feet and less than 1,500 square feet, and with an associated earth disturbance area of less than 5,000 square feet, are exempt only from the peak rate control (§ 154-93) requirements of this Part 3 in the case of new development, and are exempt from peak rate control (§ 154-93) and streambank erosion (§ 154-92) requirements in the case of redevelopment.
(c) 
Agricultural plowing and tilling are exempt from the rate control and SWM site plan preparation requirements of this Part 3 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 SWM site plan preparation requirements of this Part 3 provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(e) 
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 the original Pennypack Creek Watershed Stormwater Management Plan Ordinance, December 2012.
[1] 
For example: If a property owner in Bucks County or Montgomery County proposes a three-hundred-square-foot shed after adoption of the municipal stormwater management ordinance, that property owner would be exempt from site plan and peak rate control requirements. If, at a later date, the property owner proposes to construct a garage and driveway adding an additional 1,100 square feet of impervious surface, the applicant would be required to submit a modified SWM site plan (or a small project SWM site plan per Appendix A-1 if the municipality has adopted it) demonstrating the stormwater control requirements for the total impervious surface of 1,400 square feet.
(3) 
Philadelphia County Portion of the Watershed:
(a) 
Development, including new development and redevelopment, that results in an area of earth disturbance less than 5,000 square feet is exempt from certain requirements as outlined in Table 76.1. Applicants must still meet erosion and sediment (E&S) control requirements (§ 154-88) and coastal water quality requirements from other programs if applicable as described in Philadelphia County's Table 76.1.
(b) 
Redevelopment that results in an area of earth disturbance equal to or greater than 5,000 square feet, but less than one acre, is exempt from the channel protection/streambank/erosion (§ 154-92) requirements of this Part 3.
(c) 
Redevelopment that results in an area of earth disturbance equal to or greater than one acre and reduces the predevelopment DCIA (directly connected impervious areas) on the site by at least 20% is exempt from the channel protection/streambank erosion (§ 154-92) and flood control/peak rate control (§ 154-93) requirements of this Part 3.
(d) 
In District C, development sites that can discharge directly to the Pennypack Creek Main Channel (east of I-95) and to the Delaware River main channel 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.
C. 
Infiltration exemptions (Note: § 154-76C applies to Bucks, Montgomery, and Philadelphia Counties.)
(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) 
Hotspots. 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 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 Part 3.
(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 the original Pennypack Creek Watershed Stormwater Management Plan Ordinance [Watershed Plan Date].
(a) 
For example: If a property owner in Bucks County or Montgomery County proposes a three-hundred-square-foot shed after adoption of the municipal stormwater management ordinance, that property owner would be exempt from site plan and peak rate control requirements. If, at a later date, the property owner proposes to construct a garage and driveway adding an additional 1,300 square feet of impervious surface, the applicant would be required to submit a partial SWM site plan demonstrating the stormwater control requirements for the total impervious surface of 1,600 square feet. However, it need not address the items in §§ 154-92 and 154-93.
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.
Approvals issued pursuant to this Part 3 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 Part 3, 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.