[Ord. 198, 12/9/2013, § 2]
This Part shall be known as the "East Coventry Township Stormwater
Management Ordinance."
[Ord. 198, 12/9/2013, § 2]
1. The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from land disturbance and development throughout a watershed increases
flooding, flows and velocities, contributes to erosion and sedimentation,
overtaxes the 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 infiltration and groundwater recharge,
increases nonpoint source pollution to waterways, and threatens public
health and safety.
B. Inadequate planning and management of stormwater runoff resulting
from land disturbance and development throughout a watershed can harm
surface water resources by changing the natural hydrologic patterns,
accelerating stream flows (which increase scour and erosion of stream
beds 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, including minimization
of impacts of new development, redevelopment, and other earth disturbance
activities causing accelerated runoff and erosion and loss of natural
infiltration, is fundamental to the public health, safety, and general
welfare of the people of the municipality and all of the people of
the commonwealth, their resources, and the environment.
D. Stormwater is an important water resource that provides infiltration
and 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 reducing the volume
of stormwater generated and by using project designs that maintain
the natural hydrologic regime and sustain high water quality, infiltration,
stream baseflow, and aquatic ecosystems. Cost-effective and environmentally
sensitive stormwater management can be achieved through the use of
nonstructural site design techniques that minimize impervious surfaces,
reduce disturbance of land and natural resources, avoid sensitive
areas (i.e., riparian buffers, floodplains, steep slopes, wetlands,
etc.), and consider 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 the municipality to implement
a program of stormwater controls. The municipality is required to
obtain a permit and comply with its provisions for stormwater discharges
from its separate storm sewer system under the National Pollutant
Discharge Elimination System (NPDES).
H. Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
I. The use
of green infrastructure, low impact development (LID), and conservation
design (CD) 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) evapotranspire; and/or
3) harvest and use precipitation near where it falls to earth. Green
infrastructure practices, LID, and CD contribute to the restoration
or maintenance of predevelopment hydrology.
[Added by Ord. No. 2022-257, 10/10/2022]
[Ord. 198, 12/9/2013, § 2]
1. The purpose of this Part is to protect public health, safety and
general welfare, property and water quality by implementing drainage
and stormwater management practices, criteria, and provisions included
herein for land development, construction and earth disturbance activities,
to achieve the following throughout the municipality:
A. Reduce the frequency and magnitude of flooding and stormwater impacts
affecting people, property, infrastructure and public services.
B. Sustain or improve the natural hydrologic characteristics and water
quality of groundwater and surface waters.
C. Protect natural resources, including riparian and aquatic living
resources and habitats.
D. Maintain the natural hydrologic regime of land development sites
and their receiving watersheds.
E. Minimize land disturbance and protect and incorporate natural hydrologic
features, drainage patterns, infiltration, and flow conditions within
land development site designs.
F. Reduce and minimize the volume of stormwater generated, and manage
and release stormwater as close to the source of runoff as possible.
G. Provide infiltration and maintain natural groundwater recharge to
protect groundwater supplies and stream baseflows, prevent degradation
of surface water and groundwater quality, and to otherwise protect
water resources.
H. Reduce stormwater pollutant loads to protect and improve the chemical,
physical, and biological quality of ground and surface waters.
I. Reduce scour, erosion and sedimentation of stream channels.
J. Reduce flooding impacts and preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
K. Protect adjacent and down-gradient lands from adverse impacts of
direct stormwater discharges.
L. Minimize impervious surfaces and connected impervious surfaces to
promote infiltration and reduce the volume and impacts of stormwater
runoff.
M. Provide proper long-term operation and maintenance of all permanent
stormwater management facilities, BMPs and conveyances that are implemented
within the municipality.
N. Reduce the impacts of runoff from existing developed land undergoing
redevelopment while encouraging new development and redevelopment
in urban areas and areas designated for growth.
O. Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
P. Provide stormwater management performance standards and design criteria
based on a watershed basis.
[Amended by Ord. No. 2022-257, 10/10/2022]
Q. Provide standards to meet certain NPDES stormwater permit requirements.
R. Meet legal water quality requirements under state law, including
regulations at 25 Pa.Code, Chapter 93, to protect, maintain, reclaim
and restore the existing and designated uses of the waters of the
commonwealth.
S. Implement the requirements of total maximum daily load (TMDLs) where
applicable to waters within or impacted by the municipality.
T. Provide review procedures and performance standards for stormwater
planning and management.
U. Fulfill the purpose and requirements of PA Act 167 (PA Act 167, § 3):
(1)
Encourage planning and management of stormwater runoff in each
watershed which is consistent with sound water and land use practices.
(2)
Authorize a comprehensive program of stormwater management designated
to preserve and restore the flood carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross-section of water
of the commonwealth; and to protect and conserve ground waters and
ground-water recharge areas.
(3)
Encourage local administration and management of stormwater
consistent with the commonwealth's duty as trustee of natural resources
and the people's constitutional right to the preservation of natural,
economic, scenic, aesthetic, recreational and historic values of the
environment."
[Ord. 198, 12/9/2013, § 2]
1. The municipality is empowered or required to regulate land use activities
that affect runoff and 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 Storm Water Management Act (hereinafter referred
to as "the Act").
B. Second Class Township Code, 53 P.S. § 65101 et seq.
C. Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247, (hereinafter referred to as the "MPC").
[Ord. 198, 12/9/2013, § 2]
1. The following activities are regulated by this Part:
A. All regulated activities as defined in this Part including, but not
limited to, new development, redevelopment, and earth disturbance
activities that are located within the municipality shall be subject
to regulation by this Part.
B. When a building and/or grading permit is required for any regulated
activity on an existing parcel or approved lot created by a subdivision
and/or improved as a land development project, issuance of the permit
shall be conditioned upon adherence to the terms of this Part.
C. This Part contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective. The municipality's stormwater management conveyance and system design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by Chapter
21, Part
3, "Standard Construction and Material Specifications for Public Improvements," §§ 21-1, 21-7, 21-8, and Appendix 1, of the East Coventry Township Code of Ordinances, and applicable state regulations.
2. Duty of Persons Engaged in a Regulated Activity. Notwithstanding
any provision(s) of this Part, including exemptions, any landowner
or any person engaged in a regulated activity including, but not limited
to, the alteration or development of land, which 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 which otherwise adequately protects health, property,
and water quality of waters of the commonwealth.
3. Phased and Incremental Project Requirements.
[Amended by Ord. No. 2022-257, 10/10/2022]
A. Any regulated activity (including, but not limited to, new development,
redevelopment, or earth disturbance) that is to take place incrementally
or in phases, or occurs in sequential projects on the same parcel
or property, shall be subject to regulation by this Part if the regulated
proposed impervious surface or earth disturbance exceeds the corresponding
threshold for exemption (as presented in Table 106.1, "Thresholds
for Regulated Activities That Are Exempt from the Provisions of this
Part as Listed Below").
B. The date of enactment of this Part shall be the starting point from
which to consider tracts as parent tracts relative to future subdivisions,
and from which impervious surface and earth disturbance computations
shall be cumulatively considered.
For example:
If, after enactment of this Part, an applicant proposes construction
of a 600-square-foot garage, that project would be exempt from the
requirements of this Part as noted in Table 106.1. If, at a later
date, an applicant proposes to construct a 900-square-foot room addition
on the same property, the applicant would then be required to implement
the stormwater management and plan submission requirements of this
Part for the cumulative total of 1,500 square feet of additional impervious
surface added to the property since adoption of this Part.
[Ord. 198, 12/9/2013, § 2]
1. Requirements for Exempt Activities.
A. An exemption from any requirement of this Part shall not relieve
the applicant from implementing all other applicable requirements
of this Part or from implementing such measures as are necessary to
protect public health, safety, and welfare, property and water quality.
B. An exemption shall not relieve the applicant from complying with
the requirements for state-designated special protection waters designated
by PADEP as high quality (HQ) or exceptional value (EV) waters, or
any other current or future state or municipal water quality protection
requirements.
C. An exemption under this Part shall not relieve the applicant from
complying with all other applicable municipal ordinances or regulations.
2. General Exemptions.
[Amended by Ord. No. 2022-257, 10/10/2022]
A. Regulated activities that: 1) involve less than 1,000 square feet of regulated impervious surfaces and less than 5,000 square feet of earth disturbance; 2) are listed in Subsection
3, are exempt from those (and only those) requirements of this Part that are included in the sections and articles listed in Table 106.1. Exemptions are for the items noted in Table 106.1 only, and shall not relieve the landowner from other applicable requirements of this Part. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and water quality.
Table 106.1
|
---|
Cumulative Thresholds for Regulated Activities That Are
Exempt from the Provisions of this Part as Listed below (See Notes
Below)
|
---|
Subpart/Section
|
Activities Listed in Subsection 3
|
< 1,000 Square Feet of Regulated Impervious Surfaces
AND < 5,000 Square Feet of Proposed Earth Disturbance
|
> 1,000 Square Feet of Regulated
Impervious Surfaces OR > 5,000 Square Feet
of Proposed Earth Disturbance
|
---|
Subpart A
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
Subpart B
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
|
Exempt
|
Exempt
|
Not Exempt
|
Subpart D
|
Exempt
|
Exempt
|
Not Exempt
|
Subpart E
|
Exempt
|
Exempt
|
Not Exempt
|
Subpart F
|
Exempt
|
Exempt
|
Not Exempt
|
Subpart G
|
Exempt
|
Exempt
|
Not Exempt
|
Subpart H
|
Not Exempt
|
Exempt
|
Not Exempt
|
Subpart I
|
Not Exempt
|
Exempt
|
Not Exempt
|
Other Erosion, Sediment and Pollution Control Requirements
|
Must comply with Title 25, Chapter 102, of the Pa. Code and
other applicable state and municipal codes, including the Clean Streams
Law.
|
Notes:
|
---|
•
|
Specific activities listed in Subsection 3 are exempt from the indicated requirements, regardless of size.
|
•
|
A proposed regulated activity must be less than both the regulated
impervious surfaces and proposed earth disturbance thresholds to be
eligible for exemption from the requirements listed in this table.
|
•
|
"Regulated impervious surface" as defined in this Part.
|
•
|
"Exempt." Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this Part apply.
|
•
|
These exemptions have no bearing on other municipal regulations
or ordinances.
|
3. Exemptions for Specific Activities. The following specific regulated activities are exempt from the requirements of §§
9-121,
9-124,
9-125,
9-126,
9-127,
9-128,
9-129, and
9-130, and Subparts D, E, F and G of this Part (as shown in Table 106.1), unless otherwise noted below. All other conveyance and system design standards established by the municipality in other codes or ordinances shall be required, and all other provisions of this Part shall apply.
A. Emergency Exemption. Emergency maintenance work performed for the
protection of public health, safety and welfare. This exemption is
limited to repair of the existing stormwater management facility;
upgrades, additions or other improvements are not exempt. A written
description of the scope and extent of any emergency work performed
shall be submitted to the municipality within two calendar days of
the commencement of the activity. A detailed plan shall be submitted
no later than 30 days following commencement of the activity. If the
municipality finds that the work is not an emergency, then the work
shall cease immediately and the requirements of this Part shall be
addressed as applicable.
[Amended by Ord. No. 2022-257, 10/10/2022]
B. Maintenance. Any maintenance to an existing stormwater management
facility, BMP or conveyance made in accordance with plans and specifications
approved by the Municipal Engineer or municipality.
[Amended by Ord. No. 2022-257, 10/10/2022]
C. Existing Landscaping. Use of land for maintenance, replacement or
enhancement of existing landscaping.
D. Gardening. Use of land for gardening for home consumption.
E. Agricultural Related Activities.
(1)
Agricultural activities (as defined in Subpart B), when performed
in accordance with the requirements of 25 Pa.Code, Chapter 102.
(2)
Conservation practices (as defined in Subpart B) that do not
involve construction of any new or expanded impervious surfaces.
(3)
High tunnels (as defined in §
9-112), if:
[Added by Ord. No. 2019-236, 10/14/2019]
(a) The high tunnel or its flooring does not result in an impervious
area exceeding 25% of all structures located on the owner's total
contiguous land area; and
(b) The high tunnel meets one of the following:
1) The high tunnel is located at least 100 feet from any perennial stream
or watercourse, public road or neighboring property line;
2) The high tunnel is located at least 35 feet from any perennial stream
or watercourse, public road or neighboring property line and located
on land with a slope not greater than 7%; or
3) The high tunnel is supported with a buffer or diversion system that
does not directly drain into a stream or other watercourse by managing
stormwater runoff in a manner consistent with the requirements of
this Part.
F. Forest Management. Forest management operations, which are consistent with a sound forest management plan as filed with the municipality and which comply with the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan, which meets the requirements of 25 Pa.Code, Chapter 102, and meets the erosion and sediment control standards of §
9-123 of this Part.
G. Maintenance of Existing Gravel and Paved Surfaces. Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and §
9-123 of this Part, and is exempt from all other requirements of this Part listed in Subsection
3 above. Paving of existing gravel surfaces is exempt from the requirements of this Part listed above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this Part listed above. Construction of new or additional impervious surfaces shall comply with all requirements of this Part as indicated in Table 106.1.
[Amended by Ord. No. 2022-257, 10/10/2022]
H. Municipal Roadway Shoulder Improvements. Shoulder improvements conducted
within the existing roadway cross-section of municipal owned roadways,
unless an NPDES permit is required, in which case the proposed work
must comply with all requirements of this Part.
I. In-Place Replacement of Residential Dwelling Unit. The replacement
in the exact footprint of an existing one or two family dwelling unit.
J. In-Place Replacement, Repair, or Maintenance of Residential Impervious
Surfaces. The replacement of existing residential patios, decks, driveways,
pools, garages, and/or sidewalks that are accessory to an existing
one or two family dwelling unit in the exact footprint of the existing
impervious surface.
4. Modified Requirements for Small Projects. Regulated activities that involve 1,000 to less than 2,000 square feet of cumulative regulated impervious surfaces and 5,000 to less than 10,000 square feet of cumulative proposed earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (simplified approach) (
Appendix A) to comply with the requirements of §§
9-121,
9-124,
9-125,
9-126,
9-127,
9-128,
9-129, and
9-130, and Subparts D, E, F and G of this Part (as shown in Table 106.2). The applicant shall first contact the Municipal Engineer to confirm that the proposed project is eligible for use of the simplified approach and is not otherwise exempt from these ordinance provisions; to determine what components of the proposed project are to be considered as impervious surfaces; and to determine if other known site or local conditions exist that may preclude the use of any techniques included in the simplified approach.
Appendix A includes instructions and procedures for preparation, submittal, review and approval of documents required when using the simplified approach and shall be adhered to by the applicant. Infiltration testing for projects using the simplified approach is recommended but is not required by this Part. All other provisions of this Part shall apply.
[Amended by Ord. No. 2022-257, 10/10/2022]
Table 106.2
|
---|
Thresholds for Regulated Activities That Are Eligible
for "Modified" Requirements for the Provisions of this Part That Are
Listed below
|
---|
Subpart/Section
|
Activities Listed in Subsection 4
|
---|
Subpart A
|
All provisions apply
|
Subpart B
|
All provisions apply
|
|
All provisions apply
|
|
Exempt if modified requirements of Subsection 4 are applied
|
Subpart D
|
Exempt if modified requirements of Subsection 4 are applied
|
Subpart E
|
Exempt if modified requirements of Subsection 4 are applied
|
Subpart F
|
Exempt if modified requirements of Subsection 4 are applied
|
Subpart G
|
Exempt if modified requirements of Subsection 4 are applied
|
Subpart H
|
All provisions apply
|
Subpart I
|
All provisions apply
|
Other Erosion, Sediment and Pollution Control Requirements
|
Must comply with Title 25, Chapter 102, of the Pa.Code and other
applicable state and municipal codes, including the Clean Streams
Law
|
NOTES:
|
---|
•
|
"Modified Requirements." Regulated activities listed within the subsections of this Part noted in Table 106.2 are eligible for exemption only from the indicated sections and subsections of this Part and only if the modified requirements of Subsection 4 are met to the satisfaction of the municipality; all other provisions of this Part apply.
|
[Ord. 198, 12/9/2013, § 2]
1. Approvals issued and actions taken pursuant to this Part do not relieve
the applicant of the responsibility to secure and comply with other
required permits or approvals for activities regulated by any other
applicable code, rule, act, law, regulation, or ordinance.
2. To the extent that this Part imposes more rigorous or stringent requirements
for stormwater management than any other code, rule, act, law, regulation
or ordinance, the specific requirements contained in this Part shall
take precedence.
3. The requirements of this Part shall supersede any conflicting requirements
in other municipal ordinances or regulations.
[Ord. 198, 12/9/2013, § 2]
1. For all activities requiring submittal of a stormwater management
(SWM) site plan that involve subdivision or land development, the
applicant shall post financial security to the municipality for the
timely installation and proper construction of all stormwater management
facilities as required by the approved SWM site plan and this Part,
and such financial security shall:
A. Be equal to or greater than the full construction cost of the required
facilities except to the extent that financial security for the cost
of any of such improvements is required to be and is posted with the
Pennsylvania Department of Transportation in connection with a highway
occupancy permit application.
AND
B. Be determined, collected, applied and enforced in accordance with §§ 509 — 511 of the MPC and the provisions of the municipality's Subdivision and Land Development Ordinance (SALDO) [Chapter
22].
[Ord. 198, 12/9/2013, § 2]
1. General. The requirements of this Part are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this Part on the site, the municipality may approve measures other than those in this Part, subject to Subsections
2 and
3.
2. The governing body shall have the authority to waive or modify the
requirements of one or more provisions of this Part if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this Part is observed. Cost or financial burden shall not
be considered a hardship. Modification may also be considered if an
alternative standard or approach can be demonstrated to provide equal
or better achievement of the results intended by this Part. A request
for modification shall be in writing and accompany the SWM site plan
submission. The request shall state in full the grounds and facts
on which the request is based, the provision or provisions of this
Part involved and the minimum modification necessary.
3. PADEP Approval
Required. 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 PADEP or the Chester County Conservation District.
[Amended by Ord. No. 2022-257, 10/10/2022]
[Ord. 198, 12/9/2013, § 2]
1. Any person required to submit a SWM site plan or simplified SWM site
plan to the municipality for review and approval shall obtain a drainage
permit, in writing, from the municipality.
2. To obtain a drainage permit, the applicant shall submit an application
for drainage permit to the municipality. The form and content of the
application for drainage permit shall be established, from time to
time, by the municipality.
3. Fees for the application for drainage permit shall be paid in accordance
with a fee schedule adopted by resolution of the governing body from
time to time. The fee schedule may be revised, as necessary, by resolution
of the governing body.
4. For projects including regulated activities that require land development approval in accordance with the municipality's Subdivision and Land Development Ordinance [Chapter
22], the application for drainage permit shall be submitted for each individual lot at the time of building permit application for that lot. Submission of the fully completed and executed application for drainage permit shall be accompanied by the following:
B. Three sets, minimum, of the SWM site plan (only if any deviation
is proposed from the approved SWM site plan included with the approved
SALDO application.
C. Executed stormwater best management practices (BMPs) and conveyances
operations and maintenance agreement.
D. Executed professional services agreement, which is available from
the municipality.
5. For projects including regulated activities that do not require land
development approval in accordance with the SALDO, submission of the
fully completed and executed application for drainage permit shall
be accompanied by the following:
[Amended by Ord. No. 2022-257, 10/10/2022]
A. Application fee in the form of a check made payable to East Coventry
Township and delivered to the Township.
B. Escrow fee in the form of a check made payable to East Coventry Township
and delivered to the Township.
D. Executed professional services agreement, which is available from
the municipality.
E. The application
for drainage permit, executed W-9, SWM site plan or simplified SWM
site plan, stormwater management report (if applicable), all other
supporting calculations, worksheets, etc., as applicable, and executed
professional services agreement shall be submitted to the Township
either via email with .pdf attachments or a link to .pdfs of the aforementioned
documents, or on a USB memory stick delivered to the Township.
F. Review
of the submission by the Municipal Engineer shall not begin until
all above items have been submitted to the Township in the prescribed
manner.
6. Each resubmission shall be submitted electronically either via email
with .pdf attachments or a link to .pdfs of the submission documents,
or on a USB memory stick delivered to the Township, and shall include
the SWM site plan or simplified SWM site plan, and stormwater management
report or worksheets, as applicable, along with a .pdf letter explaining
the revisions made since the previous submission.
[Amended by Ord. No. 2022-257, 10/10/2022]
7. 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.
8. It shall
be a condition of the drainage permit that a preconstruction meeting
be arranged with the Municipal Engineer (virtual, on-site or at the
municipal building at the discretion of the Municipal Engineer) prior
to commencement of work associated with the drainage permit unless
the Municipal Engineer determines that a preconstruction meeting is
not necessary.
[Added by Ord. No. 2022-257, 10/10/2022]