[Amended 1-11-2016 by Ord. No. 1661]
This chapter shall be known and cited as the "Upper Moreland
Township Stormwater Management Ordinance," implementing the Pennypack
Creek Watershed Stormwater Management Plan and the Wissahickon Creek
Watershed Stormwater Management Plan.
The Board of Commissioners of Upper Moreland Township finds
that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
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 nonpoint source pollution of water resources.
[Amended 9-12-2022 by Ord. No. 1733]
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 Upper
Moreland Township ("Township") 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), except where the discharge is composed entirely of stormwater.
H.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
I.
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) evapotranspiration; 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
predevelopment hydrology.
[Added 9-12-2022 by Ord.
No. 1733]
[Amended 1-11-2016 by Ord. No. 1661]
The purpose of this chapter is to promote the public health, safety, and welfare within Upper Moreland Township, the Pennypack Creek Watershed and the Wissahickon Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 287-2 of this chapter, 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 runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
[Amended 9-12-2022 by Ord. No. 1733]
I.
Focus on infiltration of stormwater to maintain groundwater recharge,
prevent degradation of surface water 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 93.4.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 Township'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 Township.
S.
Preserve natural drainage systems.
[Added 9-12-2022 by Ord.
No. 1733]
The Township 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 Township 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
Storm Water Management Act, and the (appropriate municipal code).
[Amended 1-11-2016 by Ord. No. 1661]
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 be considered part of the Township Subdivision and Land Development Ordinance, Chapter 300, but shall apply to all regulated activities as defined in § 287-12, whether or not those activities constitute subdivision or land development under Chapter 300. This chapter shall apply to those portions of the Township that lie within the Pennypack Creek Watershed and to those in the Wissahickon Creek Watershed, in accordance with the Stormwater Management Districts established in § 287-25, 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 § 287-12.) 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 Township 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, Chapter 300, 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.
A.
Table 287-6.1 summarizes the eligibility for exemptions from certain requirements in this chapter. Proposed impervious surface in Table 287-6.1 includes new, additional, or replacement impervious surface/cover. Repaving existing surfaces without reconstruction (See § 287-12.) does not constitute replacement.
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Table 287-6.1
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Table 106.1 Impervious Surface and Earth Disturbance Exemption
Thresholds for Upper Moreland Township
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NOTES:
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Exempt: Exempt unless a determination is made by the Township that the project is subject to Section 287-6E. 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.
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Not exempt: Not exempt. All provisions apply.
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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 § 287-13A(2) and (4); § 287-13B(2)(g), (h), (k) and (v); and § 287-13D(1) and (3) and related supportive material needed to determine compliance with §§ 287-21 through 287-23.
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|
Ordinance Article or Section
|
Type of Project
|
Proposed New Impervious
| |||
|---|---|---|---|---|---|
|
Less Than 1,000
(square feet)
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1,000 to 5,000
(square feet)
|
Greater Than 5,000
(square feet)
| |||
|
Article III, SWM site plan requirements
|
Residential
|
Exempt
|
Not exempt
|
Not exempt
| |
|
Nonresidential
|
Not exempt*
|
Not exempt
|
Not exempt
| ||
|
§ 287-21, nonstructural project design
|
Residential
|
Exempt
|
Not exempt
|
Not exempt
| |
|
Nonresidential
|
Not exempt
|
Not exempt
|
Not exempt
| ||
|
§ 287-22, groundwater recharge
|
Residential
|
Exempt
|
Not exempt
|
Not exempt
| |
|
Nonresidential
|
Not exempt
|
Not exempt
|
Not exempt
| ||
|
§ 287-23, volume control requirements
|
Residential
|
Exempt
|
Not exempt
|
Not exempt
| |
|
Nonresidential
|
Not exempt
|
Not exempt
|
Not exempt
| ||
|
§ 287-24, stream bank erosion requirements
|
Residential
|
Exempt
|
Exempt
|
Not exempt
| |
|
Nonresidential
|
Exempt
|
Not exempt
|
Not exempt
| ||
|
§ 287-25, peak rate control requirements
|
Residential
|
Exempt
|
Exempt
|
Not exempt
| |
|
Nonresidential
|
Exempt
|
Not exempt
|
Not exempt
| ||
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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
| ||||
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 Township's adoption
of this Stormwater Management Plan 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 Township. 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:
(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 Township shall deny exemptions.
(3)
Exemptions are limited to specific portions of this chapter.
(4)
HQ and EV streams. The Township 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 Township ordinance
adoption of this Pennypack Creek Watershed Stormwater Management Plan
Ordinance.
E.
The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township believes may pose a
threat to public health, safety, property or the environment.
Any other ordinances, provisions or regulations of the Township inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistencies only. Specifically repealed is the current Chapter 287, §§ 287-1 to 287-8. Chapter 285, Storm Sewers, shall not be repealed but shall continue in full force and effect.
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.
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 9-12-2022 by Ord.
No. 1733]
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 used established pursuant to such permit or authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such violation.
[Added 9-12-2022 by Ord.
No. 1733]
B.
Waivers or modifications of the requirements of this chapter may
be approved by the Township 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.
