[Ord. 2011-O-2, 5/25/2011, § 201]
This Part shall be known and may be cited as the "Newtown Township
Stormwater Management Ordinance."
[Ord. 2011-O-2, 5/25/2011, § 202]
1.
The Board of Supervisors of Newtown Township 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 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 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.
Groundwater resources are also impacted through loss of recharge.
C.
A comprehensive program of stormwater management (SWM), 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 residents
of Newtown Township 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 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 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 Newtown Township to implement
a program of stormwater controls. Newtown Township is required to
obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES) Program.
H.
Non-stormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the Commonwealth.
[Ord. 2011-O-2, 5/25/2011, § 203]
1.
The purpose of this Part is to promote the public health, safety,
and welfare within the Neshaminy Creek and Delaware River South Watersheds
by maintaining the natural hydrologic regime and minimization of the
impacts described and maximization of the benefits in § 202
of this Part through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface and groundwater.
B.
Promote nonstructural best management practices (BMPs).
C.
Minimize increases in stormwater volume and control peak flows.
D.
Minimize impervious surfaces.
E.
Manage accelerated stormwater runoff and erosion and sedimentation
problems and stormwater runoff impacts at their source by regulating
activities that cause these problems.
F.
Provide standards to meet NPDES permit requirements.
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,
to prevent degradation of surface and groundwater quality, and to
otherwise 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, Chapter 93, requiring protection, maintenance,
reclaiming and restoring the existing and designated uses of the waters
of the Commonwealth.
L.
Address the quality and quantity of stormwater discharges from the
development site.
M.
Provide a mechanism to identify stormwater controls necessary to
meet NPDES permit requirements.
N.
Implement an illegal discharge detection and elimination program
that addresses non-stormwater discharges into Newtown Township's separate
storm sewer system.
O.
Preserve and restore the flood-carrying capacity of streams.
P.
Prevent scour and erosion of stream-banks and streambeds.
Q.
Provide review procedures, performance standards and design criteria
for watershed wide stormwater management and planning.
R.
Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented in Newtown Township.
[Ord. 2011-O-2, 5/25/2011, § 204]
1.
Newtown Township is empowered to regulate land use activities that
affect runoff, surface and groundwater quality and quantity by the
authority of:
A.
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the "Pennsylvania Stormwater Management Act"
(herein-after referred to as "the Act").
B.
Water Resources Management Act of 2002, as amended.
C.
Second Class Township Code, 53 P.S. § 67701 et seq.
D.
Pennsylvania Municipalities Planning Code, Act 247, 53 Pa.C.S.A.
§ 10101 et seq., as amended.
[Ord. 2011-O-2, 5/25/2011, § 205]
1.
This Part shall apply to those areas of Newtown Township that are
located within the Neshaminy Creek and Delaware River South Watersheds,
as delineated in Appendix D.
2.
The following activities are defined as "regulated activities" and
shall be regulated by this Part unless exempted by § 206:
A.
Land development.
B.
Subdivisions.
C.
Alteration of the natural hydrologic regime.
D.
Construction, reconstruction, or addition of new impervious or semi-pervious
surfaces (i.e., driveways, parking lots, roads, etc.) except for reconstruction
of roads, driveways, parking lots, etc., where there is no increase
in impervious surface.
E.
Construction of new buildings or additions to existing buildings.
F.
Redevelopment.
G.
Diversion piping or encroachments in any natural or man-made channel.
H.
Nonstructural and structural stormwater management BMPs or appurtenances
thereto.
I.
Prohibited or polluted discharges.
[Ord. 2011-O-2, 5/25/2011, § 206; as amended by
Ord. 2011-O-3, 12/21/2011]
1.
Regulated activities that create impervious surfaces less than or
equal to 1,000 square feet are exempt from the peak rate control and
the SWM site plan preparation requirements of this Part and are not
applicable to the volume requirements of this Part, unless the activity
is found to be a contributor of pollution to the waters of the Commonwealth.
2.
Regulated activities that create impervious surfaces greater than
1,000 square feet, up to and including 5,000 square feet, are exempt
only from the peak rate control requirements of this Part unless the
activity is found to be a contributor of pollution to the waters of
the Commonwealth. These activities are not exempt from the SWM site
plan requirements and the volume requirements of this Part. The non-engineered
small projects site plan detailed in Appendix G can be used to satisfy
the SWM site plan requirements for residential activities only.
3.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this Part provided the
activities are performed according to the requirements of 25 Pa. Code,
Chapter 102.
4.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this Part provided the activities are performed according to the
requirements of 25 Pa. Code Chapter 102.
5.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by Newtown Township is exempt.
6.
The use of land for gardening and landscaping for home consumption
is exempt from the requirements of this Part.
7.
Exemptions from any provisions of this Part shall not relieve the
applicant from the requirements in § 231.14 through .23.
8.
Additional Exemption Criteria.
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
B.
Drainage Problems. Where drainage problems are documented or known
to exist downstream of or is expected from the proposed activity,
Newtown Township may deny exemptions.
C.
Exemptions are limited to specific portions of this Part.
D.
HQ and EV Streams. Newtown Township may deny exemptions in high quality
(HQ) or exceptional value (EV) waters and source water protection
areas (SWPA).
E.
The exemptions are limited to the increase in impervious coverage
amounts listed in Table 206.1 for each property as of the adoption
of this Part. Any increase in impervious coverage is cumulative from
the date of this Part. All cumulative activities that increase the
impervious coverage over the amounts stated in Table 206.1 will not
be exempt from the stated requirements.
9.
Earth disturbance activities of less than 5,000 square feet with
no increase in impervious surfaces are exempt from the SWM site plan,
peak rate control and volume requirements of this Part unless the
activity is found to be a contributor of pollution to the waters of
the Commonwealth.
|
Table 206.1
Impervious Surface Exemption Thresholds
| ||||
|---|---|---|---|---|
|
Chapter Part or Section
|
Type of Project
|
Proposed Impervious Surface
| ||
|
0-1,000 square feet
|
>1,000-5,000 square feet
|
5,000+ square feet
| ||
|
§ 224 SWM Site Plan Requirements
|
All Development
|
Exempt
|
Not Exempt (except residential activity)
|
Not Exempt
|
|
Appendix G Non-Engineered Small Project Site Plan
|
Only Residential Development Applicable
|
Exempt
|
Applicable
|
Non- Applicable
|
|
§ 235 Volume Control Requirements
|
All Development
|
Non- Applicable
|
Not Exempt
|
Not Exempt
|
|
§ 236 Peak Rate Control Requirements
|
All Development
|
Exempt
|
Exempt
|
Not Exempt
|
|
§ 233 Erosion and Sediment Pollution Control Requirements
|
Must comply with 25 Pa. Code, Chapter 102, and any other applicable
State, County and Township codes. PADEP requires an engineered post
construction SWM Plan with projects proposing earth disturbance greater
than one acre.
| |||
[Ord. 2011-O-2, 5/25/2011, § 207]
1.
Approvals issued 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.
2.
To the extent that this Part imposes more rigorous or stringent requirements
for stormwater management than other Township ordinances, resolutions,
rules and regulations, the specific requirements of this Part shall
govern.
3.
Nothing in this Part shall be construed to affect any of Newtown
Township's requirements regarding stormwater matters that do not conflict
with the provisions of this Part, such as local stormwater management
design criteria (e.g., inlet spacing, inlet type, collection system
design and details, outlet structure design, etc.).
[Added by Ord. No. 2022-O-5, 11/9/2022]
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 purporting to validate such a violation.
[Added by Ord. No. 2022-O-5, 11/9/2022]
2.
Waivers or modifications of the requirements of this Part may be
approved by the municipality only 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 ordinance
is preserved. Cost or financial burden shall not be considered a hardship.
Modification will only be considered if an alternative standard or
approach will provide equal or better achievement of the purpose of
the ordinance within the limits of the specific circumstance. 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 ordinance involved
and the proposed modification.
3.
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.
