This chapter shall be known and may be cited as the "Neshaminy
Creek Watershed Stormwater Management Ordinance" (aka Neshaminy/Little
Neshaminy Stormwater Management Ordinance).
The governing body of the municipality 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 by providing groundwater
recharge for water supplies and baseflow 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).
The purpose of this chapter is to promote the public health, safety and welfare within the Neshaminy Creek watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
431-102 of this chapter through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim and restore
the existing and designated uses of the waters of this commonwealth.
B. Minimize increases in stormwater volume and control peak flows.
C. Minimize impervious surfaces.
D. Provide review procedures and performance standards for stormwater
planning and management.
E. Preserve the natural drainage systems as much as possible.
F. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality, and
to otherwise protect water resources.
H. Preserve and restore the flood-carrying capacity of streams.
I. Prevent scour and erosion of stream banks and streambeds.
J. Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
K. Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The municipality is empowered to regulate land use activities
that affect runoff, surface water and groundwater quality and quantity
by the authority of:
A. Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. Cite applicable municipal code, [e.g., Second Class Township Code
(Act 69 of 1933, P.L. 103; 53 P.S. § 65101, as amended)
and the Borough Code (Act 581 of 1965, P.L. 1656; 53 P.S. § 45101
et seq., as amended)].
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. Regulated activities
include, but are not limited to:
C. Prohibited or polluted discharges.
D. Alteration of the natural hydrologic regime.
E. Construction or reconstruction of, or addition of new impervious
or semipervious surfaces (i.e., driveways, parking lots, roads, etc.),
except for reconstruction of roads where there is no increase in impervious
surface.
F. Construction of new buildings or additions to existing buildings.
H. Diversion piping or encroachments in any natural or man-made channel.
I. Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
Any other ordinance or ordinance provision of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
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.