[Ord. No. 509, 6/18/2014]
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").
[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:
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;
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.