This chapter shall be known and cited as the "Wissahickon Creek
Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases 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, and threatens
public health and safety.
B. Inadequate planning and management of stormwater runoff resulting
from land development 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 increasing sedimentation), destroying aquatic habitat, and
increasing aquatic pollutant concentrations and loadings such as sediments,
nutrients, heavy metals, and pathogens. Groundwater resources are
also impacted through loss of recharge.
C. A comprehensive program of stormwater management, including minimization
of impacts of development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and the protection of the people of the municipality
and all of the people of the commonwealth, their resources, and the
environment.
D. Stormwater is an important resource by providing groundwater recharge
for water supplies and baseflow of streams, which also helps to protect
and maintain surface water quality.
E. Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, groundwater recharge, stream baseflow, and aquatic
ecosystems.
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.
The purpose of this chapter is to promote the public health, safety, and welfare within the Wissahickon Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
291-102 of this chapter, through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations of 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of the
commonwealth.
B. Preserve the natural drainage systems as much as possible.
C. Manage stormwater close to the source.
D. Provide procedures and performance standards for stormwater planning
and management.
E. Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F. Prevent scour and erosion of streambanks and streambeds.
G. Provide proper operation and maintenance of all stormwater best management
practices (BMPs) that are implemented within the municipality. Provide
standards to meet National Pollutant Discharge Elimination System
(NPDES) requirements.
H. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4a requiring protection
and maintenance of existing uses and maintenance of the level of water
quality to support those uses in all streams, and the protection and
maintenance of water quality in special protection streams.
I. Address the quality and quantity of stormwater discharges.
J. Provide standards necessary to meet NPDES permit requirements.
K. Implement an illegal discharge detection and elimination program
that addresses nonstormwater discharges into the municipality's separate
storm sewer system.
L. Preserve and restore the flood-carrying capacity of streams.
M. Prevent scour and erosion of streambanks and streambeds.
N. Provide proper operation and maintenance of all stormwater management
facilities and BMPs that are implemented in the municipality.
The municipality is empowered to regulate land use and activities
that may affect runoff and surface and groundwater quality and quantity
by the authority of:
A. Primary authority. The municipality is empowered to regulate land
use activities that affect runoff and surface and groundwater quality
and quantity 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" and the (appropriate municipal code).
B. Secondary authority. The municipality also is empowered to regulate
land use activities that affect runoff by the authority of the Act
of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities
Planning Code, as amended.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activities, are subject to regulation by this chapter. This chapter shall apply to those portions of the municipality that lie within the Wissahickon Creek Watershed, in accordance with the Stormwater Management Districts established in §
291-408. Regulated activities include the following:
C. Alteration of the natural hydrologic regime;
D. Construction or reconstruction (see definition in §
291-202) of or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.);
E. Construction of new buildings or additions to existing buildings;
G. Diversion piping or encroachments in any natural or man-made channel;
H. Stormwater BMPs or appurtenances thereto;
I. Earth disturbance activities of equal to or greater than 5,000 square
feet;
J. Any of the above regulated activities which were approved more than
five years prior to the effective date of this chapter and resubmitted
for municipal approval.
Any other ordinances, provisions or regulations of the municipality inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistencies only. Municipalities with land area in more than one watershed may enact a single ordinance provided that its provisions are at least as restrictive as the provisions herein. The specific peak rate controls and management districts in §
291-408 shall be included in the ordinance.
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.
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, including Title 25 Pa. Code, Chapters 92, 102 and 105.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land that may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner that otherwise
adequately protects health, safety, property, and water quality.
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.