[Ord. 2014-02, 9/23/2014]
This chapter shall be known as the "East Fallowfield Township
Stormwater Management Ordinance."
[Ord. 2014-02, 9/23/2014]
1.
The governing body of the municipality finds that:
A.
Due to an unfunded state mandate, East Fallowfield Township is being
required to adopt increased stormwater management regulations. PA
Act 167, § 12, authorizes the State Treasurer to withhold
payment of all funds payable from the General Fund, including liquid
fuels funds, if a municipality has failed to adopt ordinances required
by the Act. While this chapter should improve stormwater management,
its adoption results from the threat of the withholding of state funds
and the other consequences of noncompliance with the Act.
B.
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 non-point-source pollution to waterways, and threatens public
health and safety.
C.
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 habitats, and elevating aquatic pollutant concentrations and
loadings, such as sediments, nutrients, heavy metals, and pathogens.
Groundwater resources are also impacted through loss of recharge.
D.
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.
E.
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.
F.
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.
G.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H.
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).
I.
Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
[Ord. 2014-02, 9/23/2014]
1.
The purpose of this chapter 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 groundwater 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 downgradient 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 performance standards and design criteria based on watershed-based
stormwater management planning.
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):
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"(1) Encourage planning and management of storm water runoff
in each watershed which is consistent with sound water and land use
practices.
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(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 storm water 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.
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(3) Encourage local administration and management of storm water
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."
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[Ord. 2014-02, 9/23/2014]
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:
[Ord. 2014-02, 9/23/2014]
1.
The following activities are regulated by this chapter:
A.
All regulated activities as defined in this chapter, 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 chapter.
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 chapter.
C.
This chapter 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 the applicable municipal ordinance(s) and applicable state regulations, or as included in § 23-311 of this chapter.
2.
Duty of Persons Engaged in a Regulated Activity. Notwithstanding
any provision(s) of this chapter, including exemptions, any landowner
or any person engaged in the alteration 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.
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 chapter if the
cumulative 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 chapter as Listed Below").
B.
The date of adoption of this chapter 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, unless such requirements
have previously been adopted, then the earliest date of the applicable
municipal ordinance adoption shall remain as the starting point.
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For example:
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If, after adoption of this chapter, an applicant proposes construction
of a six-hundred-square-foot garage, that project would be exempted
from the requirements of this chapter as noted in Table 106.1. If,
at a later date, an applicant proposes to construct a nine-hundred-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 chapter for the cumulative total of 1,500 square feet of additional
impervious surface added to the property since adoption of this chapter.
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4.
Applicability of Part 8, Prohibitions. The provisions of Part 8,
Prohibitions apply to all activities, persons, and properties within
the municipality.
[Ord. 2014-02, 9/23/2014]
1.
Requirements for Exempt Activities.
A.
An exemption from any requirement of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter 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 chapter shall not relieve the applicant from
complying with all other applicable municipal ordinances or regulations.
D.
Does not concentrate runoff on adjacent properties.
E.
Does not block, impede, or divert the path of natural runoff in order
to prevent accelerated erosion and protect the integrity of adjacent
properties.
2.
General Exemptions. Regulated activities that:
A.
Involve less than 1,000 square feet of proposed impervious surfaces
and less than 5,000 square feet of earth disturbance; or
B.
Are listed in § 23-106, Subsection 3, are exempt from those (and only those) requirements of this chapter 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 chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and water quality.
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Table 106.1
Thresholds for Regulated Activities that are Exempt from
the Provisions of this Chapter as Listed Below (see Notes below Table
106.1)
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Chapter Part/Section
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<1,000 square feet of Proposed Impervious Surfaces
AND <5,000 square feet of Proposed Earth Disturbance
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>1,000 square feet of Proposed
Impervious Surfaces OR >5,000 square feet of
Proposed Earth Disturbance
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Part 1, General Provisions
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Not exempt
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Not exempt
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Not exempt
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Part 2, Definitions
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Not exempt
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Exempt
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Exempt
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Not exempt
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Part 4, Site Plan Requirements
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Exempt
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Exempt
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Not exempt
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Part 5, Performance and Inspection of Regulated Activities,
and Final As-Built Plans
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Exempt
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Exempt
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Not exempt
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Part 6, Fees and Expenses
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Exempt
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Exempt
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Not exempt
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Part 7, Operation and Maintenance
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Exempt
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Exempt
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Not exempt
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Part 8, Prohibitions
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Not exempt
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Not exempt
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Not exempt
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Part 9, Enforcement and Penalties
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Not exempt
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Not exempt
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Not exempt
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Other erosion, sediment and pollution control requirements
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Must comply with Title 25, Chapter 102, of the Pa. Code and
other applicable state and municipal codes, including the Clean Streams
Law
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Table 106.1 Notes:
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1.
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2.
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A proposed Regulated Activity must be less than BOTH the proposed
impervious surfaces and proposed earth disturbance thresholds to be
eligible for exemption from the requirements listed in this table.
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3.
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"Proposed impervious surface" - as defined in this chapter.
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4.
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"Exempt" - Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
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3.
Exemptions for Specific Activities. The following specific regulated activities are exempt from the requirements of §§ 23-301, 23-304, 23-305, 23-306, 23-307, 23-308, 23-309, and 23-310, and Part 4, Part 5, Part 6 and Part 7 of this chapter (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 chapter 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 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 chapter shall be addressed as applicable.
B.
Maintenance: any maintenance to an existing stormwater management
system, facility, BMP or conveyance made in accordance with plans
and specifications approved by the Municipal Engineer or municipality.
C.
Existing Landscaping: use of land for maintenance, replacement or
enhancement of existing landscaping.
D.
Gardening: use of land for gardening for home consumption.
F.
Forest Management: forest management operations which are consistent with a sound forest management plan as approved by 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) and Chapter 13, Part 3, § 13-301, of this Code. 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 § 23-303 of this chapter.
G.
Maintenance of Existing Paved Surfaces: Replacement of existing paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and § 23-303 of this chapter and is exempt from all other requirements of this chapter listed in § 23-106, Subsection 3, above. Resurfacing of existing paved surfaces is exempt from the requirements of this chapter listed above. Construction of new or additional impervious surfaces shall comply with all requirements of this chapter as indicated in Table 106.1.
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 chapter.
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 2,000 square feet of proposed impervious surfaces and 5,000 to 10,000 square feet of 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 §§ 23-301, 23-304, 23-305, 23-306, 23-307, 23-308, 23-309, and 23-310, and Part 4, Part 5, Part 6 and Part 7 of this chapter (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 chapter 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. All other provisions of this chapter shall apply.
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Table 106.2
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Thresholds for Regulated Activities that are Eligible
for "Modified" Requirements for the Provisions of this Chapter that
are Listed Below
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Chapter Part/Section
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Part 1, General Provisions
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All provisions apply
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Part 2, Definitions
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All provisions apply
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All provisions apply
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Part 4, Site Plan Requirements
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Part 5, Performance and Inspection of Regulated Activities,
and Final As-Built Plans
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Part 6, Fees and Expenses
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Part 7, Operation and Maintenance
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Part 8, Prohibitions
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All provisions apply
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Part 9, Enforcement and Penalties
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All provisions apply
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Other erosion, sediment and pollution control requirements
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Must comply with Title 25, Chapter 102, of the Pa. Code and
other applicable state and municipal codes, including the Clean Streams
Law
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Table 106.2 Notes:
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•
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"Modified Requirements" — Regulated activities listed within the subsections of this chapter noted in Table 106.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of §§ 23-106, Subsection 4 and/or 5, are met to the satisfaction of the municipality; all other provisions of this chapter apply.
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5.
Modified Requirements for Agricultural Structures. It is the declared policy of the commonwealth to conserve and protect and to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. Municipalities must encourage the continuity, development and viability of agricultural operations within their jurisdiction. Except as necessary to protect the public health, safety and welfare, regulated activities involving proposed new or expanded impervious surfaces associated with agricultural activities are exempt from the requirements of §§ 23-301, 23-304, 23-305, 23-306, 23-307, 23-308, 23-309, and 23-310, and Part 4, Part 5, Part 6 and Part 7 of this chapter (and listed in Table 106.2) only when it has been demonstrated to the satisfaction of the municipality that the proposed project will comply with all of the requirements listed below. The property owner/applicant must submit a drainage and grading permit application with all necessary supporting plans for review to determine eligibility for an exemption. All other provisions of this chapter shall apply. To be eligible for exemption from the Chapter provisions stated above, the proposed regulated activity shall:
A.
Be directly associated with an agricultural activity (as defined
in Part 2);
B.
Include less than 10,000 square feet of proposed new or expanded
impervious surface (excluding adjoining vehicle parking and movement
areas) and not more than an additional 5,000 square feet of adjoining
vehicle parking and movement area;
C.
Be installed on a farm or mushroom operation that has a current mushroom farm environmental management plan (MFEMP) reviewed and deemed adequate by the Conservation District, or an agricultural erosion and sediment control plan or conservation plan (as defined in Part 2) that complies with the requirements of 25 Pa. Code Chapter 102;
D.
Divert runoff from the proposed new or expanded impervious surfaces
(including vehicle parking and movement area) entirely away from animal
management, waste management and crop farming areas and any other
source of pollutants;
E.
Include BMP(s) that will permanently retain at least one inch of
rainfall runoff from the total area of proposed new or expanded impervious
surfaces and vehicle parking and movement areas;
F.
Be designed so that any point of discharge of runoff from the proposed
new or expanded impervious surface (excluding vehicle movement area):
(1)
Is not directly connected to, and is not directly connected
to any constructed conveyance that is connected to, a municipal separate
storm sewer system or public roadway;
(2)
Is located at least 150 feet from any municipal separate storm
sewer system or public roadway, or any constructed conveyance connected
to any municipal separate storm sewer system or public roadway.
G.
Either:
(1)
Have all proposed new or expanded impervious surfaces and proposed
vehicle parking and movement areas and BMP(s) included within the
current MFEMP or current agricultural erosion and sediment control
plan or a conservation plan for the farm or mushroom operation; or
(2)
Be constructed per design plans prepared and sealed by a licensed
professional in conformance with the PADEP "Best Practices for Environmental
Protection in the Mushroom Farm Community" (2003 or as amended), or
per design plans prepared and sealed by a licensed professional (or
Conservation District staff person designated by NRCS) that comply
with USDA NRCS standards and specifications, and for which completion
of construction will be certified by the licensed (or NRCS-designated
design) professional responsible for the design; and
H.
Not be eligible for exemption if an NPDES permit is required.
[Ord. 2014-02, 9/23/2014]
[Ord. 2014-02, 9/23/2014]
[Ord. 2014-02, 9/23/2014]
1.
Approvals issued and actions taken pursuant to this chapter 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 chapter imposes more-rigorous or more-stringent
requirements for stormwater management than any other code, rule,
act, law, regulation or ordinance, the specific requirements contained
in this chapter shall take precedence. To the extent that any other
ordinance imposes more-rigorous or more-stringent requirements for
stormwater management than this chapter, the specific requirements
contained in that ordinance shall take precedence.
3.
Nothing in this chapter shall be construed to affect any of the municipality's
requirements regarding stormwater matters that do not conflict with
the provisions of this chapter, such as local stormwater management
design criteria (e.g., inlet spacing, inlet type, collection system
design and details, outlet structure design, etc.).
[Ord. 2014-02, 9/23/2014]
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 chapter,
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
[Ord. 2014-02, 9/23/2014]
1.
General. The requirements of this chapter 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 chapter on the site, the municipality may approve measures other than those in this chapter, subject to § 23-111, 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 chapter 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 chapter 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 chapter.
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 chapter involved and the minimum modification necessary. The
governing body shall have the authority to impose reasonable conditions
on the grant of any waiver or modification.
3.
PADEP Approval Required. For any proposed regulated activity involving
earth disturbance equal to or greater than one acre, the municipality
may approve measures for minimum volume and infiltration control other
than those required in this chapter only after consultation with and
evaluation by PADEP that the alternate site design meets state water
quality requirements and does not conflict with state law, including,
but not limited to, the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
et seq.
[Ord. 2014-02, 9/23/2014]
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.
