[Ord. No. 509, 6/18/2014[1]]
This Part shall be known and may be cited as the "Hatfield Borough Stormwater Ordinance" enacting the "Neshaminy Creek Watershed Stormwater Management Ordinance" (a.k.a., "Neshaminy/Little Neshaminy Stormwater Management Ordinance").
[1]
Editor's Note: This ordinance also repealed former Ch. 26, Stormwater Management, adopted by Ord. No. 440, 3/3/2004, as amended.
[Ord. No. 509, 6/18/2014]
1. 
The Council of the Borough of Hatfield 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 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.
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 Borough 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).
G. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Borough.
[Ord. No. 509, 6/18/2014]
1. 
The purpose of this Part is to promote the public health, safety, and welfare within the Neshaminy Creek watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 26-102 of this Part, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a, to protect and maintain existing uses and maintain the level of water quality to support those uses in all streams and to protect and maintain water quality in special-protection streams.
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 stream beds.
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 Borough.
[Ord. No. 509, 6/18/2014; as amended at time of adoption of Code (see Ch. AO)]
The Borough of Hatfield is empowered to regulate land use activities that affect stormwater impacts by the authority of the Borough Code, 8 Pa.C.S.A. § 101 et seq., and/or the Municipalities Planning Code, 53 P.S. § 10101 et seq., and hereby supplements its existing Floodplain Ordinance, Ordinance No. 521 adopted 2/17/2016, as amended (Chapter 27, Part 20), by adding to it the Hatfield Borough MS4 Water Quality Stormwater Management Ordinance as stated herein.
[Ord. No. 509, 6/18/2014]
1. 
All regulated activities and all activities that may effect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this Part.
2. 
Regulated activities include, but are not limited to:
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 for reconstruction of roads where there is no increase in impervious surface;
F. 
Construction of new buildings or additions to existing buildings;
G. 
Redevelopment;
H. 
Diversion piping or encroachments in any natural or man-made channel; and
I. 
Nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
[Ord. No. 509, 6/18/2014]
1. 
Regulated activities that create impervious surfaces smaller than or equal to 1,000 square feet do not have to apply the volume control requirements of this Part. Regulated activities of this size are exempt from the peak rate control requirements and the SWM site plan preparation located in Subpart D of this Part. If the activity is found to be a significant contributor of pollution to the waters of this commonwealth, Hatfield Borough may enforce any of the above requirements.
2. 
Regulated activities that create impervious surfaces greater than 1,000 square feet up to and including 5,000 square feet are exempt only from the peak rate control requirements of this Part.
Table 26-106.1
Impervious Surface Exemption Thresholds for the Neshaminy Creek Watershed
Part or Section
Type of Project
Proposed Impervious Surface
0 to 1,000 sq. ft.
>1,000 to 5,000 sq. ft.
>5,000 sq. ft.
Subpart D, SWM site plan requirements
Development
Exempt
Not exempt
Not exempt
§ 26-123, volume control requirements
Development
Not applicable
Not exempt
Not exempt
§ 26-124, peak rate control requirements
Development
Exempt
Exempt
Not exempt
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
3. 
Agricultural activity is exempt from the peak rate control requirements and SWM site plan preparation requirements of this Part, 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 Part, 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 the Borough is exempt.
6. 
The use of land for gardening and/or landscaping for home consumption is exempt from the requirements of this Part.
7. 
Exemptions from any provisions of this Part shall not relieve the applicant from the requirements in § 26-121, Subsections 4 through 12.
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 Borough of Hatfield may deny exemptions.
C. 
Exemptions are limited to specific portions of this Part.
D. 
HQ and EV Streams: The Borough of Hatfield may deny exemptions in high-quality (HQ) or exceptional-value (EV) waters and source water protection areas (SWPA).
[Ord. No. 509, 6/18/2014]
1. 
The existing Chapter 26, Stormwater Management, Ordinance 440 (2004), is hereby repealed, and this Chapter 26 is substituted in its place.
2. 
Any other ordinance or ordinance provision of the Borough of Hatfield inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.
[Ord. No. 509, 6/18/2014]
Should any section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 509, 6/18/2014]
1. 
Approvals issued and actions taken under this Chapter 26 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 Part imposes more-rigorous or -stringent requirements for stormwater management, the specific requirements contained in this Part shall be followed.
2. 
Nothing in this Chapter 26 shall be constructed to affect any of the Borough of Hatfield's requirements regarding stormwater matters which do not conflict with the provisions in this Part, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of the Part addressing state water requirements.