[Ord. 2014-03, 9/8/2014]
This chapter shall be known and may be cited as the "Lower Mount Bethel Township Act 167 Stormwater Management Ordinance."
[Ord. 2014-03, 9/8/2014]
The governing body of the municipality finds that:
1.
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, changes the natural hydrologic patterns, destroys aquatic habitat, elevates aquatic pollutant concentrations and loadings, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, and threatens public health and safety.
2.
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion and loss of natural infiltration, is fundamental to the public health, safety and welfare and the protection of the people of the municipality and all of the people of the commonwealth, their resources and the environment.
3.
Stormwater can be an important resource by providing groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality.
4.
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
5.
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).
6.
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.
[Ord. 2014-03, 9/8/2014]
1.
The purpose of this chapter is to promote the public health, safety and welfare within the Martins/Jacoby Creeks Watershed and Delaware River Sub-Basin 1 Watershed within Lower Mount Bethel Township by minimizing the damages and maximizing the benefits described in § 23-102 of this chapter by provisions designed to:
A.
Manage stormwater runoff impacts at their source by regulating activities which cause such problems.
B.
Utilize and preserve the desirable existing natural drainage systems.
C.
Encourage infiltration of stormwater, where appropriate, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
D.
Maintain the existing flows and quality of streams and watercourses in the municipality and the commonwealth.
E.
Preserve and restore the flood-carrying capacity of streams.
F.
Provide for proper maintenance of all permanent stormwater management BMPs that are implemented in the municipality.
G.
Provide review procedures and performance standards for stormwater planning, design and management.
H.
Manage stormwater impacts close to the runoff source which requires a minimum of structures and relies on natural processes.
I.
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.
J.
Prevent scour and erosion of stream banks and streambeds.
K.
Provide standards to meet the NPDES permit requirements.
[Ord. 2014-03, 9/8/2014]
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," Act 247, the Pennsylvania Municipalities Planning Code of July 31, 1968, P.L. 805; 53 P.S. § 10101, as reenacted and amended, and the Second Class Township Code, 53 P.S. § 65101 et seq., as amended.
[Ord. 2014-03, 9/8/2014]
1.
This chapter shall only apply to those areas of the municipality which are located within the Martins/Jacoby Creeks Watershed and Delaware River Sub-Basin 1 Watershed as delineated on an Official Map available for inspection at the municipal office. A map of the Martins/Jacoby Creeks Watershed and Delaware River Sub-Basin 1 Watershed at a reduced scale is included in Appendix A for general reference.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2.
The following activities are defined as "regulated activities" and shall be governed by this chapter:
A.
Land development.
B.
Subdivision.
C.
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
D.
Construction of new buildings or additions to existing buildings.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation of stormwater systems or appurtenances thereto.
G.
Regulated earth disturbance activities.
H.
Other than that included in Subsection 2A through G, any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff onto adjacent property.
[Ord. 2014-03, 9/8/2014]
1.
Impervious Cover.
A.
Any proposed regulated activity, except those defined in § 23-105, Subsection 1E and F, which would, based on parcel size, result in an allowable increase in impervious areas equivalent to:
Total Parcel Size (acres) | Exemption Allowed (square feet of impervious area) | |
|---|---|---|
2 or less | Less than 1,000 | |
Greater than 2 up to 25 | Less than 2,500 | |
Greater than 25 | Less than 5,000 |
B.
Any increase in impervious cover added incrementally to a site after the adoption of this chapter that exceeds the thresholds set forth above shall be subject to the drainage plan preparation provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover developed on the site after February 1996 exceeds the aforementioned thresholds, the total impervious cover on the site proposed since February 1996 must meet the provisions of this chapter.
(1)
The date of the municipal ordinance adoption of the original Lower Mount Bethel Township Act 167 Stormwater Management Ordinance (February 1996) 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.
(2)
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
(3)
Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity.
(4)
Any additional areas proposed to initially be gravel, crushed stone, porous pavement, etc. shall be assumed to be impervious for the purposes of comparison to the exemption criteria. Any existing gravel, crushed stone or hard-packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation.
2.
Prior Drainage Plan Approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the municipality prior to the effective date of this chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in Subsection 4, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code.[1] If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new drainage plan, subject to the provisions of this chapter, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original drainage plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Activities associated with § 23-105, Subsection 1H, shall be exempt from the drainage plan preparation requirements of this chapter unless the municipality determines that the activity could create a new or relocated concentrated drainage discharge. Agricultural plowing and tilling as may be covered by § 23-105, Subsection 1H, are exempt from the drainage plan provisions of this chapter.
4.
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property, and state water quality requirements. This measure includes adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
5.
Additional Exemption Criteria.
A.
Drainage Problems. Where drainage problems are documented or known to exist downstream of, or is expected from, the proposed activity, the Township may deny an exemption.
6.
All applicants seeking an exemption of stormwater management peak rate requirements based upon criteria contained in § 22-106 shall, at a minimum, submit the following documentation for review:
A.
Three copies of the completed Township Stormwater Management Application form.
B.
Stormwater management 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 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 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 impervious surface based on field survey, USGS mapping, and/or field observation.
7.
Agricultural activity is exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code 102, or any successor provision thereto as may be amended from time to time.
8.
Forest management and timber operations are exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code 102, or any successor provision thereto as may be amended from time to time.
9.
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
[Ord. 2014-03, 9/8/2014]
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. 2014-03, 9/8/2014]
Notwithstanding any provisions of this chapter, including exemption and waiver provisions, any landowner and 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 shall include such actions as are required to manage the rate, volume, direction and quality of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.