[Added by Ord. No. 2022-005, 9/6/2022]
This chapter shall be known and may be cited as the "Solebury
Township Stormwater Management Ordinance."
[Ord. 2011-6, 5/19/2011, § 101]
1.
The Board of Supervisors of the Township finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
runoff volumes, 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, damages private property, threatens
public health and safety; and increases nonpoint source pollution
of water resources.
[Amended by Ord. No. 2022-005, 9/6/2022]
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 streambanks thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources and water supply are also impacted through loss
of recharge due to increased impervious surface and modification of
ground cover.
C.
Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime and sustain high water quality,
groundwater recharge, stream base flow and aquatic ecosystems. The
most cost effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
D.
These impacts happen mainly through a decrease in natural infiltration
of stormwater.
E.
A comprehensive program of stormwater management, including reasonable
regulation of development and other activities causing loss of natural
infiltration, is fundamental to the public health, safety welfare,
and the protection of the people of the Township and all the people
of the commonwealth, their resources and the environment.
[Amended by Ord. No. 2022-005, 9/6/2022]
F.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a federal permit for stormwater discharges from their separate
storm sewer systems under the National Pollutant Discharge Elimination
System ( NPDES) program.
[Amended by Ord. No. 2022-005, 9/6/2022]
H.
Non-stormwater discharges to Township separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
I.
The use of green infrastructure and low-impact development (LID)
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 and LID contribute to the restoration or maintenance of
pre-development hydrology.
[Added by Ord. No. 2022-005, 9/6/2022]
[Ord. 2011-6, 5/19/2011, § 102]
1.
The purpose of this comprehensive Stormwater Management Ordinance is to promote the public health, safety and welfare within the Township and its watersheds by minimizing the damages described in § 23-101, Subsection 1, of this chapter through provisions designed to:
[Amended by Ord. No. 2022-005, 9/6/2022]
A.
Manage stormwater runoff impacts at the source by regulating activities
that cause these problems.
B.
Provide review procedures, performance standards and design criteria
for stormwater planning and management.
C.
Utilize and preserve the existing natural drainage systems as much
as possible.
D.
Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology by requiring a minimum of structures
and relying on natural processes.
[Amended by Ord. No. 2022-005, 9/6/2022]
E.
Promote alternative project designs and layouts that minimize impact
to surface and groundwater.
F.
Promote nonstructural best management practices.
G.
Infiltration of stormwater to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
H.
Minimize increases in stormwater volume and control peak flow.
I.
Maintain existing flows and quality of streams and watercourses.
J.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code, Chapter 93.4a, to protect, maintain, reclaim, and
restore the "existing and designated uses" of the waters of this Commonwealth;
and maintain the level of water quality to support those use in all
streams, and to protect and maintain water quality in "special protection"
streams.
[Amended by Ord. No. 2022-005, 9/6/2022]
L.
Prevent streambank and streambed scour and erosion and control peak
flows.
M.
Provide for proper operations and maintenance of all permanent stormwater
management facilities and best management practices that are implemented
in the Township.
N.
Implement an illegal discharge detection and elimination program
to address nonstormwater discharges into the municipal separate storm
sewer system.
O.
Promote the collection and use of rainwater for irrigation, toilet
flushing and other viable, nontraditional uses.
P.
Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
[Ord. 2011-6, 5/19/2011, § 103]
The Township is empowered to regulate land use activities that
affect runoff 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
"Stormwater Management Act"; and by the authority of Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170
of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992,
53 P.S. § 10101 et seq.
[Ord. 2011-6, 5/19/2011, § 104]
1.
This chapter shall apply to all areas of the Township that are located
within the Delaware River (South) Watershed and Neshaminy Creek Watershed
as delineated in Appendix 23-F which is hereby adopted as part of
this chapter.
2.
This chapter shall apply to temporary and permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities which are specifically not
regulated by this chapter, shall continue to be regulated under existing
laws and ordinances.
3.
This chapter contains stormwater management performance standards
and design criteria that are necessary or desirable from a watershed-wide
perspective. Stormwater management design criteria (e.g., inlet spacing,
inlet type, collection system design and details, outlet structure
design, etc.) shall continue to be regulated by applicable ordinances.
4.
The following activities are defined as "regulated activities" and shall be regulated by this chapter except as exempted by § 23-105 of this chapter:
A.
Land development.
B.
Subdivision.
C.
Prohibited or polluted discharges.
D.
Alteration of the natural hydrologic regime.
E.
Construction or reconstruction of additional impervious surfaces (e.g., driveways, parking lots, etc.) which cumulatively (refer to § 23-105, Subsection 2, for exempted activities) exceed 1,000 square feet in area since the date of adoption of this chapter. Refer to § 23-105, Subsection 4, for simplified procedure for single-family dwelling lots which result in less than 2,000 square feet of new impervious surface and less than 5,000 square feet of earth disturbance.
F.
Construction of new buildings or additions to existing buildings which cumulatively (refer to § 23-105, Subsection 2, for exempted activities) exceed 1,000 square feet in area and result in additional impervious surface since the date of adoption of this chapter. Refer to § 23-105, Subsection 4, for simplified procedure for single-family dwelling lots which result in less than 2,000 square feet of new impervious surface and less than 5,000 square feet of earth disturbance.
G.
Diversion or piping of any natural or man-made stream channel.
H.
Installation of BMPs and stormwater management facilities or appurtenances
thereto.
I.
Temporary
storage of impervious or pervious material (rock, soil, etc.) where
ground contact exceeds 5% of the lot area or 5,000 square feet (whichever
is less), or where the material is placed on slopes exceeding 8%.
J.
Any activity requiring an erosion and sedimentation control and grading
permit pursuant to Township ordinance.
[Ord. 2011-6, 5/19/2011, § 105]
1.
General Exemptions. The following land use activities are exempt
from stormwater management requirements of this chapter.
A.
Use of land for gardening for home consumption.
B.
Agricultural activity when operated in accordance with a conservation plan, nutrient management plan, requirements of 25 Pa Code Chapter 102, or erosion and sedimentation control plan approved by the Bucks County Conservation District. Construction of new and/or expansion of existing buildings, structures, and/or impervious surfaces (including associated earth disturbance) shall be subject to the provisions of this chapter unless exempt pursuant to § 23-105, Subsection 2, or exempt from the Storm Water Management Act (35 P.S. § 680.1 et seq.) because the structure qualifies as a "high tunnel" under 35 P.S. §§ 680.4 and 680.11(c).
[Amended by Ord. No. 2019-003, 3/19/2019; and by Ord. No. 2022-005, 9/6/2022]
C.
Forest management and timber operations following the Department
of Environmental Protection's management practices contained in its
publication "Soil Erosion and Sedimentation Control Guidelines for
Forestry" and operating according to the requirements of 25 Pa Code
Chapter 102, and which have a zoning permit approval by the Township.
[Amended by Ord. No. 2022-005, 9/6/2022]
D.
Public road replacement, replacement paving, repaving and/or driveway/road
maintenance ( without expansion).
[Amended by Ord. No. 2022-005, 9/6/2022]
E.
Installation of less than 100 square feet of new impervious surface.
F.
Repair and reconstruction of on-lot sewage disposal systems where
work is performed in accordance with a valid permit issued by Bucks
County Department of Health.
G.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Township.
2.
Stormwater Peak Rate Control Exemption. All regulated activities as described in § 23-104 of this chapter shall comply with the stormwater management requirements hereof (refer to Part 3) except those activities listed in the "Stormwater Management Peak Rate Exemption Criteria" table. Those activities listed in the "Stormwater Management Peak Rate Exemption Criteria" tables below are, to the extent stated herein, exempt from peak rate control provisions of § 23-302 but are subject to compliance with §§ 23-305 and 23-306 when located within the Delaware River (South) Watershed, and volume control requirements of § 23-307 when located within the Neshaminy Creek Watershed. Any regulated activities that meet the exemption criteria established in this section are exempt from stormwater management plan submission requirements of Part 4 of this chapter. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is the original effective date of this chapter, January 25, 2009. All impervious surface area constructed on or after January 25, 2009, shall be considered cumulatively. Impervious surface existing on the "parent tract" prior to the original date of adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve an applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety and property.
[Amended by Ord. No. 2022-005, 9/6/2022]
|
Table 23-105-1 Stormwater Management Peak Rate Exemption
Criteria
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|---|---|---|---|---|---|---|
|
A.
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|
Table 1
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|
Total Parcel Area
(acres)
|
Maximum Exempt Impervious Surface Area
(square feet)
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|
<1.0
|
1,000
| |||||
|
>1.0 to 2.0
|
2,000
| |||||
|
>2.0 to 5.0
|
4,000
| |||||
|
>5.0
|
7,500
| |||||
|
Table 2
| ||||||
|
Maximum amount of the impervious surface area permitted pursuant
to Table 1 within a setback (excluding driveway access to a street)
measured from the downslope property boundary shall conform to the
following table:
| ||||||
|
Setback
(feet)
|
Maximum Exempt Impervious Surface Area
(square feet)
| |||||
|
10
|
0
| |||||
|
20
|
1,000
| |||||
|
50
|
2,000
| |||||
|
200
|
4,000
| |||||
|
500
|
7,500
| |||||
|
B.
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|
(1)
|
An area of impervious surface is removed from the site equal
to, or in excess of, the proposed impervious surface area.
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|
(2)
|
The area where existing impervious surface is removed pursuant
to Item B(1) above must be restored with a minimum of 12 inches of
topsoil and stabilized ground cover.
| |||||
|
C.
|
Grading permit applications (required pursuant to Ord. 2009-4)
where the addition of impervious surface cover is 1,000 square feet,
or less.
| |||||
|
D.
|
Regulated activities include within §§ 23-104, Subsection 1E and F, proposed on a lot within a subdivision of permanently preserved land as set forth in § 22-409 of the Solebury Township Subdivision and Land Development Ordinance [Chapter 22] which conform to requirements of Stormwater Management Exemption Criteria, Item A, or the following table:
| |||||
|
Total Parcel Area
(acres)
|
Minimum Distance
(feet)*
|
Maximum Impervious Surface Area
(square feet)
| ||||
|
>5.0 to 10.0
|
500
|
7,500
| ||||
|
>10.0 to 20.0
|
500
|
10,000
| ||||
|
>20.0
|
500
|
15,000
| ||||
|
*Refer Table 23-105-1, Item A.
| ||||||
|
E.
|
Lot line adjustment subdivisions are exempt when no increase
in impervious surface is proposed.
| |||||
3.
Additional Exemption Criteria.
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety and property.
C.
Drainage Problems. Where drainage problems are documented or known
to exist downstream of, or are expected from, the proposed activity,
the Township may deny an exemption.
4.
The Township, upon request by an applicant, may grant an exemption from the provisions of this chapter for a project qualifying under § 23-105, Subsection 2. If an exemption is granted, the Township may require the developer to pay a fee in an amount established by separate resolution of the Board of Supervisors to the Municipal Stormwater Management Capital Fund. The Township may deny or revoke any exemption pursuant to this section at any time for any project that the Township believes may pose a threat to public health and safety or the environment.
[Amended by Ord. No. 2022-005, 9/6/2022]
5.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 23-105, Subsection 2, shall be required, at a minimum, to submit the following documentation for review:
A.
Three copies of the completed Township stormwater management application
form.
B.
Stormwater management exemption review fee and escrow, as established
by separate resolution of the Board of Supervisors.
C.
Three copies of a plot plan for the parcel, which is the subject
of the exemption application, containing, at a minimum, the following
information:
(1)
Property boundaries and area of the site, based on deed information,
or field survey.
(2)
Location map identifying the site relative to streets and other
parcels in the vicinity of the site.
(3)
Location of significant natural resources pursuant to Zoning Ordinance [Chapter 27] requirements and existing man-made features, including wetlands, watercourses, woodlands, steep slopes, structures, parking areas, driveways, utilities, wells and septic systems within 200 feet of proposed limits of earth disturbance and/or impervious surface, regardless of the location of the property boundary.
(4)
Location and dimensions of existing and proposed impervious
surface and other improvements, with setbacks drawn to relate the
location of same to property lines, streets and existing features.
(5)
North arrow.
(6)
Plan scale, as applicable.
(7)
Information regarding existing/proposed topography and drainage
patterns, within 200 feet of proposed limits of earth disturbance
and/or impervious surface based on field survey, USGS mapping and/or
field observation.
6.
Simplified Procedure for Single-Family Dwellings. Individual home construction projects on existing single-family lots which result in less than 2,500 square feet of impervious area (including the building footprint, driveway, sidewalks and parking areas) or less than 5,000 square feet of earth disturbance but do not meet exemption criteria of § 23-105, Subsection 2, may utilize the simplified procedure within Appendix 23-J to meet requirements of the ordinance and are not required to submit formal drainage plans to the Township.
[Ord. 2011-6, 5/19/2011, § 108; as amended by Ord. No. 2021-007, 10/19/2021]
Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this chapter imposes more rigorous requirements for stormwater management, the specific requirements contained in this chapter shall be followed. All applications for approvals or exemptions under this chapter must demonstrate compliance with the natural resource protection standards of Chapter 27, Part 22.
[Added by Ord. No. 2022-005, 9/6/2022]
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.
[Added by Ord. No. 2022-005, 9/6/2022]
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
[Added by Ord. No. 2022-005, 9/6/2022]
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. 2022-005, 9/6/2022]
2.
Waivers
or modifications of the requirements of this chapter may be approved
by the Municipality if enforcement will exact undue hardship 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 chapter is preserved. Cost or financial
burden shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of the chapter. 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 chapter 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.
