The Board of Supervisors of Worcester Township 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 (SWM), 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 Township and all the people of the commonwealth, their resources, and the environment.
C. 
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 buffes, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
D. 
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 streambanks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens.
E. 
The aforementioned impacts happen mainly through a decrease in natural infiltration of stormwater.
F. 
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.
G. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
H. 
Federal and State regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a federal permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
I. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Township.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Worcester Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 129-1 of this chapter through provisions designed to:
A. 
Meet water quality requirements under state law, including regulations at 25 Pa. Code § 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. 
Promote nonstructural best management practices (BMP).
C. 
Minimize increases in stormwater volume and control peak flow.
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 ground and surface waters.
J. 
Minimize impacts on stream temperatures.
K. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
L. 
Preserve and restore the flood-carrying capacity of streams.
M. 
Provide proper operations and maintenance of all permanent stormwater management facilities and best management practices that are implemented in the Township.
N. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
O. 
Provide review procedures, performance standards, and design criteria for stormwater planning and management.
P. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
Q. 
Infiltrate stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
R. 
Prevent stream bank and streambed scour and erosion.
S. 
Provide standards to meet National Pollution Discharge Elimination System (NPDES) permit requirements.
T. 
Address certain requirements of the municipal separate stormwater sewer system (MS4) NPDES Phase II stormwater regulations.
U. 
Implement an illicit discharge detection and elimination program to address nonstormwater discharges into the MS4.
The Township 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 Storm Water Management Act; 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; and by the authority of the Pennsylvania Second-Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A. 
This chapter shall apply to all areas of the Township that are located within the Skippack Creek, Wissahickon Creek, and Stony Creek/Saw Mill Run Watersheds.
B. 
All construction and development activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
C. 
This chapter shall apply to temporary and permanent stormwater management facilities constructed as part of any of the regulated 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.
D. 
This chapter contains 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, where not specifically identified herein.
E. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter except as may be exempt from provisions of this chapter pursuant to § 129-5:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Prohibited or polluted discharges.
(4) 
Alteration of the natural hydrologic regime.
(5) 
Construction of new or additional impervious surfaces (e.g., driveways, parking lots, etc.) which cumulatively exceed 1,200 square feet in area since the date of adoption of this chapter.
(6) 
Construction of new buildings or additions to existing buildings which cumulatively exceed 1,200 square feet of impervious surface area since the date of adoption of this chapter.
(7) 
Redevelopment.
(8) 
Diversion piping or encroachments in any natural or man-made stream channel.
(9) 
Nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
(10) 
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%.
(11) 
Any activity requiring a grading and excavations permit pursuant to Township Ordinance 2011-229, as amended.[1]
[1]
Editor's Note: See Ch. 81, Grading and Excavation.
F. 
All regulated activities which result in earth disturbance shall comply with the requirements of the Worcester Township Grading and Excavations Ordinance No. 2011-229 (Chapter 81 of the Township Code), as amended.
A. 
Exemption from any provision of this chapter shall not relieve the applicant from all other applicable requirements of this chapter, as identified herein.
B. 
The following regulated activities, not proposed in conjunction with a subdivision or land development, are exempt from the requirements of this chapter (except where otherwise identified, herein):
(1) 
Installation of 1,200 square feet or less of cumulative impervious surface area since the date of adoption of this chapter.
(2) 
Use of land for gardening for home consumption.
(3) 
Agricultural activities when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Montgomery 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 § 129-5.
(4) 
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 erosion and sedimentation control plan approved by the Montgomery County Conservation District and which have zoning approval from Worcester Township.
(5) 
Public road replacement, replacement paving, repaving and/or maintenance, and roadway shoulder improvements. This includes shoulder improvements conducted within the existing roadway cross section of municipally owned roadways, provided said improvements do not result in the construction of a new lane of travel. However, if the shoulder improvements require an NPDES permit, the proposed work must comply with all the requirement of this chapter.
(6) 
Any aspect of BMP maintenance to an existing SWM system made in accordance with plans and specifications approved by the Township.
(7) 
Repair and reconstruction of on-lot sewage disposal systems where work is performed in accordance with a valid permit issued by Montgomery County Department of Health.
(8) 
Lots that are part of an approved subdivision containing overall subdivision stormwater management facilities, such as detention basins, rain gardens, etc., are exempt from additional individual lot controls if the total quantity of impervious surface area on the lot (existing plus proposed) is equal to or less than that quantity allocated to the lot, in the stormwater management design approved in conjunction with the subdivision.
(9) 
Construction or reconstruction of buildings or additions to existing buildings or other impervious surface (regulated activities) is exempt where the following conditions are met:
(a) 
An area of impervious surface is removed from the site so that upon completion of the regulated activity, the total increase of impervious surface area is 1,200 square feet or less.
(b) 
The area where existing impervious surface is removed pursuant to § 129-5B(9)(a) above must be restored with a minimum of six inches of topsoil and permanent vegetative groundcover.
(10) 
Grading and excavations permit applications (pursuant to Chapter 81 of the Worcester Township Code) where the addition of impervious surface area is 1,200 square feet or less.
(11) 
Lot line adjustment subdivisions are exempt when no increase in impervious surface is proposed.
(12) 
No exemption shall be provided for regulated activities as defined in § 129-4E(8) and (9) of this chapter.
C. 
Any regulated activity in Worcester Township, not proposed in conjunction with a subdivision or land development, creating additional impervious surface area cumulatively in excess of 1,200 square feet (on the "parent tract") but less than or equal to 7,500 square feet as identified in Table 129-5.1, and satisfying the setback criteria identified in Table 129-5.2 below are exempt from the release rate requirements of this chapter but are required to submit a simplified stormwater management site plan, obtain a stormwater management permit (pursuant to Article IV of this chapter) and install an infiltration/volume control BMP in accordance with Worcester Township design and construction criteria to be provided by the Township at the time of permit application. This requirement 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 the date of adoption of this chapter. All impervious surface area constructed after the date of adoption of this chapter shall be considered cumulatively. Impervious surface area existing on the parent tract prior to this date shall not be included in cumulative impervious surface area summation for determination of an exempt regulated activity. Any area designated to be gravel or crushed stone shall be considered impervious surface unless it is part of a designed BMP.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 129-5B and C, and that are required to install an infiltration/volume control BMP in accordance with the Worcester Township design and construction criteria shall, at a minimum, submit the documentation identified pursuant to § 129-23 of this chapter, to the Township for review and approval as a prerequisite to approval of a stormwater management permit and authorization to commence land disturbance activities.
Regulated activities creating impervious surface area greater than the quantities referenced in Tables 129-5.1 and 129-5.2 are not exempt from the requirements of this chapter and shall submit a stormwater management site plan and permit application pursuant to Article IV of this chapter.
(1) 
Regulated activities included within § 129-5C are exempt from certain provisions of this chapter where the cumulative amount of additional proposed impervious surface area and the location of the impervious surface area conform to the following tables, 129-5.1 and 129-5.2:
Table 129-5.1
Maximum Exempt Impervious Surface Area
Total Parcel Area
(acres)
Maximum Exempt Impervious Surface Area
(square feet)
Less than 0.50
1,200
0.50 to 1.0
2,500
Greater than 1.0 to 2.0
4,000
Greater than 2.0 to 5.0
5,000
Greater than 5.0
7,500
(2) 
Maximum amount of impervious surface area permitted (pursuant to Table 129-5.1) within a setback (excluding driveway access), measured from the downslope property boundary, shall conform to the following table:
Table 129-5.2
Maximum Exempt Impervious Surface Area Permitted within the Setback
Minimum Setback*
(feet)
Maximum Exempt Impervious Surface Area Permitted Within the Setback
(square feet)
10
None permitted
20
1,000
50
2,500
100
4,000
200
5,000
500
7,500
NOTES:
*
The "minimum setback" is defined as that distance between the downslope property boundary (where surface stormwater runoff from the regulated activity crosses that boundary) to the nearest point of the proposed impervious improvements, or the stormwater control structure discharge point, whichever is closer. Setback distances may be adjusted at the discretion of the Township Engineer based upon factors such as topography, surface flow path, soil conditions, and location of structures.
(3) 
Projects meeting the exemption criteria established by Tables 129-5.1 and 129-5.2 shall provide an infiltration/volume control facility capable of storing the first two inches of rainfall generated by the increase in impervious area. The facility, including all necessary construction details and calculations shall be shown on the simplified stormwater management site plan. Tree planting may also be utilized toward volume control. See § 129-23 and Appendix E[1] for plan requirements, examples of various standard facilities, and additional design criteria.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
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 and EV streams. An exemption or partial exemption shall not relieve the applicant from meeting special requirements for watersheds draining to high-quality (HQ) or exceptional-value (EV) waters.
E. 
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 129-5C shall, at a minimum, submit documentation outlined in § 129-23 to the Township for review and approval of a stormwater management exemption and authorization to commence land disturbance activities.
Any ordinance or ordinance provision of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this chapter be declared invalid by a court of competent jurisdiction, such decisions shall not affect the viability 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.
The Worcester Township 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 this chapter is observed.
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 Township purporting to validate such a violation.