[Ord. 303, 3/3/2014]
This chapter shall be known and may be cited as the “Wrightstown
Township Act 167 Stormwater Management Ordinance.”
[Ord. 303, 3/3/2014]
1.
The governing body of the municipality finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
flood flows and velocities, contributes to erosion and sedimentation,
overtaxes the carrying capacity of streams and storm sewers, greatly
increases the cost of public facilities to convey and manage stormwater,
undermines floodplain management and flood-reduction efforts in upstream
and downstream communities, reduces groundwater recharge, and threatens
public health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals, and pathogens.
C.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, is fundamental to the public health, safety, welfare, and
the protection of the people of the municipality and all the people
of the commonwealth, their resources, and the environment.
D.
Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F.
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 separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
[Ord. 303, 3/3/2014]
1.
The purpose of this chapter is to promote the public health, safety, and welfare within Wrightstown Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 25-102 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.
Minimize increases in stormwater volume and control peak flows.
C.
Minimize impervious surfaces.
D.
Provide review procedures and performance standards for stormwater
planning and management.
E.
Preserve the natural drainage systems as much as possible.
F.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G.
Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality, and
to otherwise protect water resources.
H.
Preserve and restore the flood-carrying capacity of streams.
I.
Prevent scour and erosion of stream banks and streambeds.
J.
Provide standards to meet National Pollutant Discharge Elimination
System (NPDES) permit requirements.
K.
Address certain requirements of the municipal separate stormwater
sewer system (MS4) NPDES Phase II stormwater regulations.
L.
Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
[Ord. 303, 3/3/2014]
1.
The municipality is empowered to regulate land use activities that
affect runoff, surface water, and groundwater quality and quantity
by the authority of:
[Ord. 303, 3/3/2014]
1.
All regulated activities and all activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter.
2.
The following activities are defined as “regulated activities” and shall be regulated by this chapter, except to the extent exempted by § 25-106 of this chapter:
A.
Land development.
B.
Subdivisions.
C.
Prohibited or polluted discharges.
D.
Alteration of the natural hydrologic regime.
E.
Construction or reconstruction of, or addition of, new impervious
or semipervious surfaces (i.e., driveways, parking lots, roads, etc.),
except that the reconstruction, replacement, paving, repaving and/or
maintenance of public roads is not a regulated activity.
F.
Construction of new buildings or additions to existing buildings,
except that construction of buildings, additions or other impervious
surfaces which do not exceed 1,000 square feet cumulatively after
the effective date of this chapter is not a regulated activity.
G.
Redevelopment.
H.
Diversion piping or encroachments in any natural or man-made channel.
I.
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
J.
Temporary storage of impervious or pervious material (rock, soil,
mulch, construction debris and the like) where ground contact exceeds
5% of the lot area or 5,000 square feet (whichever is less).
[Ord. 303, 3/3/2014]
1.
Regulated activities that create impervious surfaces between 1,001
square feet up to and including 5,000 square feet are exempt only
from the peak rate control requirements of this chapter.
2.
Regulated activities as part of a residential project that create impervious surfaces between 1,001 square feet up to and including 5,000 square feet, and less than one acre of earth disturbance, are exempt from the peak rate control requirements and the SWM site plan preparation located in Part 4 of this chapter, provided a small project stormwater management site plan, prepared in accordance with Appendix I, is submitted to and approved by the municipality.[1]
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Table 106.1
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|---|---|---|---|---|
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Impervious Surface Exemption Thresholds for the Neshaminy
Creek Watershed
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Part or Section
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Type of Project
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Proposed Impervious Surface
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0 - 1,000 square feet
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1,001 - 5,000 square feet
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5,000 + square feet
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Part 4, SWM Site Plan Requirements
|
Development
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Not regulated
|
Not exempt, exempt for small residential projects satisfying
Appendix I
|
Not exempt
|
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§ 25-303, Volume Control Requirements
|
Development
|
Not regulated
|
Not exempt
|
Not exempt
|
|
§ 25-304, Peak Rate Control Requirements
|
Development
|
Not regulated
|
Exempt
|
Not exempt
|
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Erosion and sediment pollution control requirements
|
Must comply with Title 25, Chapter 102, of the Pa. Code and
any other applicable state, county, and municipal codes. PADEP requires
an engineered post-construction SWM plan with projects proposing earth
disturbance greater than 1 acre.
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[1]
Editor's Note: The appendixes are included as attachments
to this chapter.
3.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
4.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this chapter, provided the activities are performed according to
the requirements of 25 Pa. Code Chapter 102.
5.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by Wrightstown Township is
exempt.
6.
The use of land for gardening for home consumption is exempt from
the requirements of this chapter.
8.
Additional Exemption Criteria:
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
B.
Drainage Problems. Where drainage problems are documented or known
to exist downstream of or are expected from the proposed activity,
the municipality may deny exemptions.
C.
Exemptions are limited to specific portions of this chapter.
D.
HQ and EV Streams. The municipality may deny exemptions in high-quality
(HQ) or exceptional-value (EV) waters and source water protection
areas (SWPAs).
[Ord. 303, 3/3/2014]
1.
Any regulated activity that meets the exception criteria in the following table is exempt from the provisions of this section of the chapter. This criterion shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption (March 7, 2005) shall be the starting point from which to consider tracts as “parent tracts” in which future subdivisions and respective impervious area computations shall be cumulatively considered. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high-quality (HQ) or exceptional-value (EV) waters and requirements for groundwater recharge (§ 25-308), water quality (§ 25-307) and stream bank erosion (§ 25-309).
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Stormwater Management Exemption Criteria
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|---|---|---|
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Total Parcel Size
|
Impervious Area Exemption
(square feet)
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< 1/4 acre
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1,200
| |
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> 1/4 to 1 acre
|
2,500
| |
|
> 1 acre
|
5,000
| |
2.
Exemptions shall be at the discretion of the municipality upon review
of site conditions, topography, soils, and other factors as deemed
appropriate.
[Ord. 303, 3/3/2014]
Any other ordinance or ordinance provision of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
[Ord. 303, 3/3/2014]
Should any section or provision 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.
[Ord. 303, 3/3/2014]
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.
[Ord. 303, 3/3/2014]
1.
If a property owner establishes that literal enforcement of any provision
of this chapter will exact undue hardship because of peculiar conditions
pertaining to his or her property, the Township may grant a modification,
in writing, to such property owner, provided that such modification
will not be contrary to the public interests.
2.
All requests for modification shall be writing, signed by the property
owner. They shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved, and the minimum modification necessary.
3.
In granting a modification, the Township may impose such conditions
as will, in its judgment, substantially secure the objectives of the
standards or requirements so modified.
4.
The Township shall keep a written record of all action taken on all
requests for modifications.
