This Part 2 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 stream
banks, 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 base flow 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 base flow, 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
2 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 §
172-41 of this Part
2, 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 water and groundwater quality, and
protect water resources.
J. Maintain existing base flows 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 stream banks 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 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. First Class Township Code, 53 P.S. § 55101 et seq.
C. Stormwater Management Act, Act of October 4, 1978, P.L. 864, No.
167.
Approvals issued pursuant to this Part
2 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 2, 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.