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, degrades water quality, 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. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
C. 
Stormwater is an important resource. Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow, and aquatic ecosystems. The most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
D. 
Federal and state regulations require certain municipalities to obtain a permit for discharges from their municipal separate storm sewer system (MS4) and to implement a program of stormwater controls. Nockamixon Township is not currently designated as being regulated under the MS4 Program; however, this chapter is generally consistent with current MS4 and Act 167 regulations.[1]
[1]
Editor's Note: See the Storm Water Management Act, 32 P.S. § 680.1 et seq.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Nockamixon Township by minimizing the damages described in § 190-101A of this chapter through provisions designed to:
A. 
Promote alternative project designs and layouts that minimize impacts to surface water and groundwater.
B. 
Promote nonstructural best management practices.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Maintain the predevelopment volume of groundwater recharge and prevent degradation of groundwater quality.
H. 
Maintain the predevelopment peak and volume of stormwater runoff and prevent degradation of surface water quality.
I. 
Minimize nonpoint source pollutant loadings to the groundwater and surface water.
J. 
Minimize impacts on stream temperatures.
K. 
Maintain existing flows and quality of streams and watercourses in the municipality and the commonwealth, including prevention of accelerated erosion, scour, aggradation and degradation.
L. 
Preserve and restore the flood-carrying capacity of streams.
M. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
N. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
O. 
Meet NPDES MS4 (when required) permit requirements.
P. 
Meet state water quality requirements.
The municipality is empowered to regulate land use activities that affect runoff 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 "Stormwater Management Act"; and by the Authority of Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101.
A. 
This chapter shall apply to all areas of the municipality that are located within Tohickon Creek and Delaware River (North) Watershed as delineated in Appendix E[1] which is hereby adopted as part of this chapter.
[1]
Editor's Note: Appendixes A through O are on file in the Township offices.
B. 
This chapter shall apply to temporary and permanent stormwater management facilities constructed as part of any regulated activities listed in this section; and all discharges to the Nockamixon Township MS4 and/or stormwater management facilities constructed as part of any of the regulated earth disturbance activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities, which are specifically not regulated by this chapter, shall continue to be regulated under existing laws and ordinances.
C. 
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by applicable ordinances.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter except as exempted by § 190-105 of this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction or addition of new impervious surfaces (e.g., driveways, parking lots, roads, etc.) and/or construction of new buildings or additions to existing buildings.
(4) 
Redevelopment.
(5) 
Diversion piping or encroachments in any natural or man-made stream channel.
(6) 
Installation of stormwater management facilities, nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
(7) 
Temporary storage of impervious or pervious material (rock, soil, etc.) where ground contact exceeds 5% of the lot area or 5,000 square feet (whichever is less), and where the material is placed on slopes exceeding 8%.
A. 
Exemptions from any provision permitted by this section shall not relieve the applicant from all other requirements of this chapter.
(1) 
General exemptions: The following land use activities are exempt from stormwater management peak rate and plan requirements of this chapter. On all sites where a cumulative area of less than 1,000 square feet of impervious surface (since the adoption date of Ordinance No. 106, September 18, 2002) is proposed, the applicant is exempt from stormwater management plan submission requirements of § 190-301 of this chapter and Stormwater Management Capital Fund contribution.
(a) 
Use of land for gardening for home consumption.
(b) 
Agricultural activity when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Bucks County Conservation District, including activities such as growing crops, rotating crops, tilling of soil, and grazing animals. Installation of new, or expansion of existing, farmsteads, animal housing, waste storage, production areas, or other areas having impervious surfaces shall be subject to the provisions of this chapter unless exempt pursuant to § 190-105C.
(c) 
Forest management operations following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and operating under an E&S plan approved by the Bucks County Conservation District and which have zoning permit approval from Nockamixon Township.
(d) 
Public road replacement, replacement paving, repaving and/or maintenance, and driveway maintenance (without expansion).
(e) 
Any aspect of BMP maintenance to an existing SWM facility made in accordance with plans and specifications approved by the Township.
(f) 
Lot line adjustment subdivisions when there is no proposed increase in the amount of impervious surface.
B. 
All regulated activities as described in § 190-104 of this chapter shall comply with the stormwater management requirements hereof except those activities listed in the Stormwater Management Peak Rate Exemption Criteria Table. Those activities listed in the Stormwater Management Peak Rate Exemption Criteria Table are, to the extent stated herein, exempt from peak rate control provisions of § 190-302; however, if located within a high-quality or exceptional-value watershed (as may be designated by PADEP) are subject to compliance with water quality requirements of § 190-305 and groundwater recharge requirements of § 190-306. Groundwater recharge and water quality requirements may be addressed with nonstructural stormwater management BMPs as detailed in Appendix H.[1] These requirements shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is September 18, 2002 (date of adoption of Ordinance No. 106). All impervious surface area constructed on or after the date of adoption of this chapter shall be considered cumulatively. Impervious surface existing on the "parent tract" prior to the date of adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety, and property.
(1) 
Regulated activities included within § 190-104 are exempt from peak rate control requirements of § 190-302 where the amount of impervious surface and proposed location on a parcel conforms to the following tables.
Table 190-105.1 and Table 190-105.2
Stormwater Management Peak Rate Exemption Criteria
Table 190-105.1
Total Parcel Area
(acres)
Maximum Impervious Surface Area
(square feet)
<0.5
1,200
0.5 to 1.0
2,500
>1.0 to 2.0
4,000
>2.0 to 5.0
5,000
>5.0 to 10.0
7,500
>10.0
10,000
Table 190-105.2
Maximum amount of the impervious surface area permitted pursuant to Table 190-105.1 within a setback (excluding driveway access) measured from the downslope property boundary shall conform to the following table.
Setback*
(feet)
Maximum Impervious Surface Area (square feet) Permitted Within the Setback
10
None permitted
20
1,000
50
2,500
100
4,000
200
5,000
500
10,000
NOTES:
*
The minimum setback distance is measured between the proposed impervious area (excluding driveway access) and/or stormwater control/structure discharge point to the downslope property boundary. The maximum allowable impervious surface area is the amount of impervious surface area permitted within the setback distance. For example: a total of 4,000 square feet of impervious surface is permitted within the one-hundred-foot setback, of which none is permitted within the ten-foot setback, not more than 1,000 square feet is permitted within the twenty-foot setback, and not more than 2,500 square feet is permitted within the fifty-foot setback.
In lieu of meeting the minimum distance criteria, the applicant may provide documentation from a design professional that the increased flows from the site leaves the site in the same manner as the predevelopment condition, and that there will be no adverse affects to properties along the path of flow(s). The Township may require the above-referenced documentation on any site, including a site meeting the minimum distance or parcel size criteria when deemed necessary at the sole discretion of the Township.
(2) 
Construction or reconstruction of buildings or additions to existing buildings or other impervious surface (activities regulated pursuant to § 190-104) are exempt where the following conditions are met:
(a) 
An area of impervious surface is removed from the site equal to, or in excess of, the proposed impervious surface area.
(b) 
The area where existing impervious surface is removed pursuant to Subsection B(2)(a) above must be restored with a minimum of 12 inches of topsoil and stabilized pervious ground cover.
[1]
Editor's Note: Appendixes A through O are on file in the Township offices.
C. 
Simplified procedure for single residential lots (which do not meet peak rate exception criteria of § 190-105B).
(1) 
Construction projects on existing single residential dwelling lots which result in less than 2,500 square feet cumulative (from date of adoption of Ordinance 106) of new impervious area (including the building footprint, driveway, sidewalks, swimming pools, patios, and parking areas) and less than 5,000 square feet of earth disturbance that do not meet exemption criteria of § 190-105B may utilize the simplified procedure within Appendix G[2] to meet requirements of the chapter and are not required to submit formal stormwater management plans to the Township; however, a plot plan and design worksheets consistent with Appendix G must be submitted for Township review. This procedure may not be utilized for a proposed subdivision or land development.
[2]
Editor's Note: Appendixes A through O are on file in the Township offices.
D. 
Additional exemption criteria.
(1) 
Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property.
(2) 
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.
(3) 
HQ/EV streams. An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high-quality (HQ) or exceptional value (EV) waters (Rapp Creek, Beaver Creek, and their tributaries are designated by PADEP as HQ) contained in § 190-301M of this chapter.
E. 
The municipality, upon request by the applicant, may grant an exemption from the provisions of this chapter for a project qualifying under § 190-105B. If an exemption is granted, the municipality shall require the developer to pay a fee in an amount established by separate resolution of the Board of Supervisors to the Municipal Stormwater Management Capital Fund.
F. 
All applicants seeking an exemption of stormwater management peak rate requirements based upon criteria contained in § 190-105B shall, at a minimum, submit the following documentation for review:
(1) 
Three copies of the completed Township stormwater management application form.
(2) 
Stormwater management review fee and escrow, as established by separate resolution of the Board of Supervisors.
(3) 
Three copies of a plot plan for the parcel, which is the subject of the exemption application, containing, at a minimum, the following information:
(a) 
Property boundaries and area of the site, based on deed information, or field survey.
(b) 
Location map identifying the site relative to streets and other parcels in the vicinity of the site.
(c) 
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.
(d) 
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.
(e) 
North arrow.
(f) 
Plan scale, as applicable.
(g) 
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.
(h) 
Other information deemed necessary by the Township Engineer to determine compliance with exemption criteria contained in § 190-105B.
It shall be unlawful for any person to undertake any regulated activity on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any BMP required by the stormwater management plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.
The Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.