This chapter shall be known and may be cited as the "East Petersburg
Borough Stormwater Management (SWM) 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-control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint source pollution of water resources.
B.
A comprehensive program of SWM, including reasonable regulation of
development and activities causing accelerated runoff, is fundamental
to the public health, safety, welfare, and protection of the people
of the municipality and all the people of the commonwealth, their
resources, and the environment.
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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 Municipal
Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
E.
Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability, thus decreasing erosion (DEP Riparian Forest Buffer Guidance,
November 27, 2010).
The purpose of this chapter is to promote health, safety, and welfare by minimizing the harms and maximizing the benefits described in § 106-102 of this chapter through provisions designed to:
A.
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 this commonwealth.
B.
Preserve the natural drainage systems as much as practicable.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and streambeds.
G.
Provide proper operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within the
municipality.
H.
Provide standards to meet NPDES permit requirements.
I.
Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the Comprehensive Plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K.
Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L.
Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
A.
Primary authority. The municipality is empowered to regulate these
activities 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 Act 394 of 1937, as amended, 35 P.S. § 691.1
et seq. the Pennsylvania Clean Streams Law. The municipality also
is empowered to regulate land use activities that affect stormwater
impacts by the authority of the Act of Feb. 1 (1966) 1965, P.L. 1656,
No. 581, § 1006.4, the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1006(4).
A.
The following activities are regulated by this chapter:
(1)
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.
(2)
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.
(3)
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.
B.
Duty of persons engaged in a regulated activity. Notwithstanding
any provision(s) of this chapter, 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.
C.
Phased and incremental project requirements.
(1)
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 Exempt from chapter Provisions).
(2)
The date of adoption of this chapter shall be the starting point
from which to consider tracts as parent tracts relative to impervious
surface and earth disturbance computations, which 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). For example, if, after adoption
of this chapter, an applicant proposed construction of a four-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
proposed to construct a three-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 700 square feet of additional
impervious surface added to the property since adoption of this chapter.
A.
Requirements for exempt activities.
(1)
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.
(2)
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.
(3)
An exemption under this chapter shall not relieve the applicant
from complying with all other applicable municipal ordinances or regulations.
(4)
Any applicant desiring exemption from design, plan submission,
and plan processing requirements shall complete an application for
exemption in the form available at the Borough office and pay any
applicable filing fee.
B.
General exemptions. Regulated activities that involve less than or equal to 500 square feet of proposed impervious surfaces and less than or equal to 5,000 square feet of earth disturbance or are listed in Subsection C 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.
|
Table 106.1
Thresholds for Regulated Activities Exempt from Chapter
Provisions
| |||
|---|---|---|---|
|
Ordinance Article/Section
|
Activities Listed In § 106-106C
|
<500 Square Feet of Proposed
Impervious Surfaces and >5,000 Square Feet
of Proposed Earth Disturbance
|
>500 Square Feet of Proposed Impervious
Surfaces or >5,000 Square Feet of Proposed
Earth Disturbance
|
|
Article I
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article II
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article IV
|
Exempt
|
Exempt
|
Not exempt
|
|
Article V
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VI
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VII
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VIII
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article IX
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Other erosion, sediment and pollution control requirements
|
Must comply with 25 Pa. Code, Chapter 102 and other applicable
state and municipal codes, including the Clean Streams Law.
| ||
|
Notes:
| |
|---|---|
|
1.
|
Specific activities listed in Subsection C are exempt from the indicated requirements, regardless of size.
|
|
2.
|
A proposed regulated activity must be less than both the proposed
impervious surfaces and the proposed earth disturbance thresholds
to be eligible for exemption from the requirements listed in this
table.
|
|
3.
|
"Proposed impervious surface": as defined in this chapter.
|
|
4.
|
"Exempt": regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
|
C.
Exemptions for specific activities. The following specific regulated activities are exempt from the requirements of §§ 106-301, 106-304, 106-305, 106-306, 106-307, 106-308, and 106-309 and Article IV, Article V, Article VI and Article VII 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.
(1)
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.
(2)
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.
(3)
Existing landscaping: Use of land for maintenance, replacement
or enhancement of existing landscaping.
(4)
Gardening: Use of land for gardening for home consumption.
(6)
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 § 106-303 of this chapter.
(7)
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 § 106-303 of this chapter and is exempt from all other requirements of this chapter listed in Subsection C 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.
(8)
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.
(9)
In-place replacement of residential dwelling unit: The replacement
in the exact footprint of an existing one- or two-family dwelling
unit.
(10)
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.
D.
Modified requirements for small projects. Regulated activities that
involve up to 2,500 square feet of proposed impervious surfaces and
5,000 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)[1] to comply with the requirements of §§ 106-304, 106-305, 106-306, 106-307, 106-308, 106-309, and 106-310 and Article IV, Article V, Article VI and Article VII 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.
|
Table 106.2
Thresholds of Regulated Activities Eligible for "Modified"
Requirements for Chapter Provisions Listed Below
| ||
|---|---|---|
|
Ordinance Article/Section
|
Activities Listed in § 106-106D up to 2,500 Square Feet of Impervious Cover or up to 5,000 Square Feet of Proposed Earth Disturbance
| |
|
Article I
|
All provisions apply
| |
|
Article II
|
All provisions apply
| |
|
All provisions apply
| ||
|
Exempt if modified requirements of Subsection D is applied
| ||
|
Article IV
|
Exempt if modified requirements of Subsection D is applied
| |
|
Article V
|
Exempt if modified requirements of Subsection D is applied
| |
|
Article VI
|
Exempt if modified requirements of Subsection D is applied
| |
|
Article VII
|
Exempt if modified requirements of Subsection D is applied
| |
|
Article VIII
|
All provisions apply
| |
|
Article IX
|
All provisions apply
| |
|
Other erosion, sediment and pollution control requirements
|
Must comply with 25 Pa. Code Chapter 102 and other applicable
state and municipal codes, including the Clean Streams Law.
| |
|
Notes:
| ||
|---|---|---|
|
1.
|
"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 Subsection D are met to the satisfaction of the municipality; all other provisions of this chapter apply.
| |
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
Should any section, provision or part thereof of this chapter
be declared invalid by a court of competent jurisdiction, 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.
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.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the East Petersburg Borough or any of its officials or
employees shall not constitute a representation, guarantee or warranty
of any kind by the Borough of the practicability or safety of any
proposed structure or use with respect to damage from erosion, sedimentation,
stormwater runoff, flood, or any other matter and shall create no
liability upon or give rise to any cause of action against the East
Petersburg Borough and its officials and employees. East Petersburg
Borough, by enacting and amending this chapter, does not waive or
limit any immunity granted to the Borough and its officials and employees
by the Governmental Immunity Act, 42 Pa.C.S.A. § 8541 et
seq., and does not assume any liabilities or obligations.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in 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.
A.
A financial security (bond, restricted account or letter of credit)
for stormwater-related improvements shall be supplied by the landowner
or developer in conjunction with the subdivision/land development
approval or in conjunction with the SWM site plan or small project
application approval if no subdivision/land development plan is required.
B.
The applicant/landowner shall provide a financial security to the
municipality for the timely installation and proper construction of
all SWM facilities, including E&S BMPs, as required by the approved
SWM site plan and this chapter and, as applicable, in accordance with
the provisions of Sections 509, 510, and 511 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510,
and 10511.
C.
As the work of installing the required SWM facilities proceeds, the
party posting the financial security may request the governing body
to release or authorize the release of, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the governing body, and the governing body shall
have 45 days from receipt of such request within which to allow the
Municipal Engineer to certify, in writing, to the governing body that
such portion of the work upon the SWM facilities has been completed
in accordance with the approved SWM site plan. Upon such certification
the governing body shall authorize release by the bonding company
or lending institution of an amount as estimated by the Municipal
Engineer fairly representing the value of the SWM facilities completed.
The governing body may, prior to final release at the time of completion
and certification by its Engineer, require retention of 10% of the
estimated cost of the aforesaid SWM facilities.
D.
In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan, the governing
body of the municipality is hereby granted the power to enforce any
corporate bond or other security by appropriate legal and equitable
remedies. If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the SWM facilities covered by said security, the governing body
of the municipality may, at its option, install part of such SWM facilities
and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the SWM facilities.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the SWM facilities covered
by such security, and not for any other municipal purpose.
E.
For stormwater management site plans that are required to have an
NPDES permit and a financial security to the Borough is required,
evidence of the NPDES permit's executed notice of termination shall
be provided to the Borough prior to the release of the financial security.
