This chapter regulates:
A.
Stormwater runoff associated with land development, subdivision of
land and construction of impervious surface.
B.
Diversion of natural or man-made channels.
C.
The installation of stormwater systems in all portions of the Borough
of Chalfont.
D.
Prohibition against nonstormwater discharges.
(1)
Prohibited discharges.
(a)
No person in the Borough shall allow, or cause to allow, stormwater
discharges into the Borough's separate storm sewer system that are
not composed entirely of stormwater, except:
[2]
Discharges allowed under a state or federal permit.
(b)
Discharges which may be allowed, based on a finding by the Borough
that the discharge(s) does (do) not significantly contribute to pollution
to the waters of this commonwealth, are:
[Amended 5-9-2022 by Ord. No. 466]
[1]
Discharge or flows from firefighting activities.
[2]
Discharges from potable water sources, including water line
flushing and fire hydrant flushing, if such discharges do not contain
detectable concentrations of total residual chlorine (TRC).
[3]
Noncontaminated irrigation water, water from lawn maintenance,
landscape drainage and flows from riparian habitats and wetlands.
[4]
Diverted stream flows and springs.
[5]
Noncontaminated pumped groundwater and water from foundation
and footing drains and crawl space pumps.
[6]
Noncontaminated HVAC condensation and water from geothermal
systems.
[7]
Residential (i.e., not commercial) vehicle wash water where
cleaning agents are not utilized.
[8]
Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
(c)
In the event that the Borough determines that any of the discharges identified in Subsection D(1)(b) significantly contribute to pollution of waters of the commonwealth, or it is so notified by the Pennsylvania Department of Environmental Protection (DEP), the municipality will notify the responsible person to cease the discharge.
(d)
Upon notice provided by the Borough under Subsection D(1)(c), the discharger will have a reasonable time, as determined by the Borough, to cease the discharge, consistent with the degree of pollution caused by the discharge.
(e)
Nothing in this section shall affect a discharger's responsibilities
under state law.
(2)
Prohibited connections. The following connections are prohibited, except as provided in Subsection D(1)(b) above:
(a)
Any drain or conveyance, whether on the surface or subsurface,
which allows any nonstormwater discharge, including sewage, process
wastewater and wash water, to enter the separate storm sewer system.
No grass clippings, trash, debris, etc., shall be allowed into the
separate storm sewer system.[1]
(b)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system that has not been documented
in plans, maps or equivalent records and approved by the Borough.
E.
Regulations
during street repair or maintenance.
[Added 10-9-2018 by Ord.
No. 449]
(1)
The Borough may prohibit private discharges onto a Borough street, that are otherwise permitted pursuant to § 353-1D, during maintenance of said street.
(2)
The
Borough may demand any person or entity occupying property abutting
the curbline and maintaining drainage facilities, regardless of whether
such facilities discharge water, and including but not limited to
sump pumps, to close and remove these facilities in the advance of
the street maintenance.
(3)
The Borough Council shall provide abutting property owners with 30 days' notice prior to making a demand pursuant to Subsection E(2). The Borough shall provide said notice in writing.
(4)
Any person or entity who shall violate any provision of this Subsection E shall, upon conviction thereof, be subject to the penalty provisions of § 353-33 of this chapter. Each day that a violation of this Subsection E continues shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be known as the "Borough of Chalfont Stormwater
Management Ordinance."
The Borough of Chalfont Council 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 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 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).
The purpose of this chapter is to promote the public health, safety and welfare within the Borough of Chalfont by minimizing the damages described in § 353-3 of this chapter by provisions designed to:
A.
Manage stormwater runoff created by development activities, taking
into account the cumulative stormwater impacts from peak runoff rates
and runoff volume.
B.
Maintain and/or improve existing water quality of streams, watercourses
and impoundments by preventing the additional loading of various stormwater
runoff pollutants into the stream system and enhancing base flow as
much as possible.
C.
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 the
commonwealth.
D.
Minimize increases in stormwater volume and control peak flows.
E.
Minimize impervious surfaces.
F.
Provide review procedures and performance standards for stormwater
planning and management.
G.
Preserve the natural drainage systems as much as possible.
H.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
I.
Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality, and
to otherwise protect water resources.
J.
Preserve and restore the flood-carrying capacity of streams.
K.
Prevent scour and erosion of stream banks and streambeds.
L.
Provide standards to meet National Pollutant Discharge Elimination
System (NPDES) permit requirements.
M.
Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
N.
Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The Borough of Chalfont Council is empowered to regulate land
use activities that affect runoff, surface water and groundwater quality
and quantity by the authority of the Pennsylvania Municipalities Planning
Code, Act 247, as amended,[1] the Pennsylvania Storm Water Management Act, Act No. 167
of October 4, 1978 (P.L. 864),[2] and the Borough Code.[3] The Borough of Chalfont Council hereby enacts and ordains this chapter as the "Borough of Chalfont Stormwater Management Ordinance." This chapter shall apply to the activities defined in § 353-6 of this chapter.
A.
The following activities are defined as regulated activities and
shall be regulated by this chapter:
(1)
Land development.
(2)
Subdivision.
(3)
Construction, reconstruction, or addition of new impervious surfaces
(driveways, parking lots, roads, etc., except for reconstruction of
roads, driveways, and parking lots where there is no increase in impervious
surface).
(4)
Construction of new buildings or additions to existing buildings.
(5)
Diversion or piping or encroachment in any natural or man-made stream
channel or conveyance channel.
(6)
Regulated earth-disturbance activity.
(7)
Prohibited or polluted discharges.
(8)
Alteration of the natural hydrologic regime.
(9)
Redevelopment.
(10)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
B.
Additional stormwater management design and construction criteria, such as inlet spacing, collection system details, construction material specifications, etc., shall be as described in this chapter or in Chapter 370, Subdivision and Land Development, of the Code of the Borough of Chalfont. Appropriate sections from Chapter 370, Subdivision and Land Development, and other applicable local ordinances shall be followed in the design, construction, and maintenance of all stormwater BMPs if not listed in this chapter.
C.
This chapter shall apply to all regulated activities detailed above. The more stringent requirements of this chapter, Chapter 440, Zoning, Chapter 370, Subdivision and Land Development, or other requirements of the Borough of Chalfont shall apply if any regulated activity requires compliance with other ordinances and regulations of the Borough of Chalfont.
D.
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.
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.
A.
Regulated activities that create impervious surfaces less than or
equal to 1,000 square feet are exempt from the peak rate control and
the SWM site plan preparation requirements of this chapter and are
not applicable to the volume requirements of the chapter, unless the
activity is found to be a contributor of pollution to the waters of
the commonwealth.
[Amended 11-8-2011 by Ord. No. 398-A]
B.
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 chapter, unless
the activity is found to be a contributor of pollution to the waters
of the commonwealth. These activities are not exempt from the SWM
site plan requirements and the volume requirements of the chapter.
The nonengineered small projects site plan detailed in Appendix X[1] can be used to satisfy the SWM site plan requirements
for residential activities only.
[Amended 11-8-2011 by Ord. No. 398-A]
|
Table 353-8
Impervious Surface Exemption Thresholds for the Neshaminy
Creek Watershed
| ||||
|---|---|---|---|---|
|
Proposed Impervious Surface
(square feet)
| ||||
|
Article or Section
|
Type of Project
|
0 to 1,000
|
>1,000 to 5,000
|
5,000 +
|
|
Art. IV, SWM site plan requirements
|
All development
|
Exempt
|
Not exempt (except residential activity)
|
Not exempt
|
|
Appendix X, nonengineered small project site plan
|
Only residential development applicable
|
Exempt
|
Applicable
|
Nonapplicable
|
|
§ 353-12, volume control requirements
|
All development
|
Nonapplicable
|
Not exempt
|
Not exempt
|
|
§ 353-13, peak rate control requirements
|
All development
|
Exempt
|
Exempt
|
Not exempt
|
|
§ 353-16, erosion and sediment pollution control requirements
|
Must comply with 25 Pa. Code Chapter 102 and any other applicable
state, county and Borough codes. PA DEP requires an engineered post-construction
SWM plan with projects proposing earth disturbance greater than 1
acre.
| |||
[1]
Editor's Note: The stormwater management ordinance's appendixes
are on file in the Borough offices.
C.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this chapter, provided
that the activities are performed according to the requirements of
25 Pa. Code Chapter 102.
D.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this chapter, provided that the activities are performed according
to the requirements of 25 Pa. Code Chapter 102.
E.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Borough of Chalfont
is exempt.
F.
The use of land for gardening for home consumption is exempt from
the requirements of this chapter.
H.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety and property.
(2)
Drainage problems. Where drainage problems are documented or known
to exist downstream of, or are expected from, the proposed activity,
the Borough of Chalfont may deny exemptions.
(3)
Exemptions are limited to specific portions of this chapter.
(4)
HQ and EV streams. The Borough of Chalfont may deny exemptions in
high-quality (HQ) or exceptional-value (EV) waters and source water
protection areas (SWPA).
(5)
The exemptions are limited to the increase in impervious coverage
amounts listed in Table 353-8 for each property as of the adoption
of this chapter. Any increase in impervious coverage is cumulative
from the date of this chapter. All cumulative activities that increase
the impervious coverage over the amounts stated in Table 353-8 will
not be exempt from the stated requirements.
[Added 11-8-2011 by Ord.
No. 398-A]
[Added 5-9-2022 by Ord. No. 466]
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.
[Added 5-9-2022 by Ord. No. 466]
A.
If the
municipality determines that any requirement under this chapter cannot
be achieved for a particular regulated activity, the Borough may,
after an evaluation of alternatives, approve measures other than those
in this chapter, subject to § 353-10B and C.
B.
Waivers
or modifications of the requirements of this chapter may be approved
by the municipality if enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that the modifications will not be contrary to the public interest
and that the purpose of this chapter is preserved. Cost or financial
burden shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of this chapter. A request for modifications
shall be in writing and accompany the stormwater management site plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of the ordinance involved and the proposed
modification.
C.
No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
municipality unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.
