This chapter shall be known as the "Borough of Elverson Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from land disturbance and development throughout a watershed increases flooding, flows and velocities, contributes to erosion and sedimentation, overtaxes the 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 infiltration and groundwater recharge, increases nonpoint source pollution to waterways, and threatens public health and safety.
B. 
Inadequate planning and management of stormwater runoff resulting from land disturbance and development throughout a watershed can 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 habitat, and elevating 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 new development, redevelopment, and other earth disturbance activities causing accelerated runoff and erosion and loss of natural infiltration, is fundamental to the public health, safety and general welfare of the people of the municipality and all of the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important water resource that provides infiltration and groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality.
E. 
Impacts from stormwater runoff can be minimized by reducing the volume of stormwater generated and by using project designs that maintain the natural hydrologic regime and sustain high water quality, infiltration, stream baseflow, and aquatic ecosystems. Cost-effective and environmentally sensitive stormwater management can be achieved through the use of nonstructural site design techniques that minimize impervious surfaces, reduce disturbance of land and natural resources, avoid sensitive areas (i.e., riparian buffers, floodplains, steep slopes, wetlands, etc.), and consider topography and soils to maintain the natural hydrologic regime.
F. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
G. 
Federal and state regulations may require the municipality to implement a program of stormwater controls. The municipality may be required to obtain a permit and comply with its provisions for stormwater discharges from its separate storm sewer system under the National Pollutant Discharge Elimination System (NPDES).
H. 
Nonstormwater discharges to municipal or other storm sewer systems can contribute to pollution of the waters of the commonwealth.
The purpose of this chapter is to protect public health, safety and general welfare, property and water quality by implementing drainage and stormwater management practices, criteria and provisions included herein for land development, construction and earth disturbance activities, to achieve the following throughout the municipality:
A. 
Reduce the frequency and magnitude of flooding and stormwater impacts affecting people, property, infrastructure and public services.
B. 
Sustain or improve the natural hydrologic characteristics and water quality of groundwater and surface waters.
C. 
Protect natural resources, including riparian and aquatic living resources and habitats.
D. 
Maintain the natural hydrologic regime of land development sites and their receiving watersheds.
E. 
Minimize land disturbance and protect and incorporate natural hydrologic features, drainage patterns, infiltration, and flow conditions within land development site designs.
F. 
Reduce and minimize the volume of stormwater generated and manage and release stormwater as close to the source of runoff as possible.
G. 
Provide infiltration and maintain natural groundwater recharge to protect groundwater supplies and stream baseflows, prevent degradation of surface water and groundwater quality, and to otherwise protect water resources.
H. 
Reduce stormwater pollutant loads to protect and improve the chemical, physical, and biological quality of groundwater and surface waters.
I. 
Reduce scour, erosion and sedimentation of stream channels.
J. 
Reduce flooding impacts and preserve and restore the natural flood-carrying capacity of streams and their floodplains.
K. 
Protect adjacent and downgradient lands from adverse impacts of direct stormwater discharges.
L. 
Minimize impervious surfaces and connected impervious surfaces to promote infiltration and reduce the volume and impacts of stormwater runoff.
M. 
Provide proper long-term operation and maintenance of all permanent stormwater management facilities, BMPs and conveyances that are implemented within the municipality.
N. 
Reduce the impacts of runoff from existing developed land undergoing redevelopment while encouraging new development and redevelopment in urban areas and areas designated for growth.
O. 
Provide performance standards and design criteria based on watershed-based stormwater management planning.
P. 
Provide standards to meet certain NPDES stormwater permit requirements.
Q. 
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.
R. 
Provide review procedures and performance standards for stormwater planning and management.
S. 
Fulfill the purpose and requirements of Pennsylvania Act 167 (PA Act 167, Section 3):
(1) 
Encourage planning and management of stormwater runoff in each watershed which is consistent with sound water and land use practices.
(2) 
Authorize a comprehensive program of stormwater management designated to preserve and restore the flood-carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross-section, of water of the commonwealth; and to protect and conserve groundwaters and groundwater recharge areas.
(3) 
Encourage local administration and management of stormwater consistent with the commonwealth's duty as trustee of natural resources and the people's constitutional right to the preservation of natural, economic, scenic, aesthetic, recreational and historic values of the environment.
The municipality is empowered or required to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of:
A. 
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S § 680.1 et seq., as amended, the Storm Water Management Act (hereinafter referred to as "the Act");
B. 
Borough Code, 8 Pa.C.S.A. § 101 et seq., 8 Pa.C.S.A. § 1201 et seq., 8 Pa.C.S.A. § 2201 et seq.
C. 
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, Act 247, hereinafter referred to as the "MPC."
A. 
The following activities are regulated by this chapter:
(1) 
All regulated activities as defined in this chapter, including, but not limited to, new development, redevelopment, and earth disturbance activities that are located within the municipality shall be subject to regulation by this chapter.
(2) 
When a building and/or grading permit is required for any regulated activity on an existing parcel or approved lot created by a subdivision and/or improved as a land development project, issuance of the permit shall be conditioned upon adherence to the terms of this chapter.
(3) 
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective. The municipality's stormwater management conveyance and system design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinance(s) and applicable state regulations, or as included in § 225-25 of this chapter.
B. 
Duty of persons engaged in a regulated activity. Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in a regulated activity, including but not limited to 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 also shall include actions as are required to manage the rate, volume, direction and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality of waters of the commonwealth.
C. 
Phased and incremental project requirements.
(1) 
Any regulated activity (including but not limited to new development, redevelopment, or earth disturbance) that is to take place incrementally or in phases, or occurs in sequential projects on the same parcel or property, shall be subject to regulation by this chapter if the cumulative proposed impervious surface or earth disturbance exceeds the corresponding threshold for exemption (as presented in Table 225-6.1, Exemptions for Regulated Activities).
(2) 
The date of adoption of this chapter shall be the starting point from which to consider tracts as parent tracts relative to future subdivisions, and from which impervious surface and earth disturbance computations shall be cumulatively considered, unless such requirements have previously been adopted, then the earliest date of the applicable municipal ordinance adoption shall remain as the starting point. For example:
If after adoption of this chapter an applicant proposes construction of a 600-square-foot garage, that project would be exempted from the requirements of this chapter as noted in Table 225-6.1. If at a later date an applicant proposes to construct a 900-square-foot room addition on the same property, the applicant would then be required to implement the stormwater management and plan submission requirements of this chapter for the cumulative total of 1,500 square feet of additional impervious surface added to the property since adoption of this chapter.
[Amended 4-7-2020 by Ord. No. 2020-01]
A. 
Requirements for exempt activities.
(1) 
An exemption from any requirement of this chapter shall not relieve the applicant from implementing all other applicable requirements of this chapter or from implementing such measures as are necessary to protect public health, safety, and welfare; property; and water quality.
(2) 
An exemption shall not relieve the applicant from complying with the requirements for state-designated special protection waters designated by PADEP as high quality (HQ) or exceptional value (EV) waters, or any other current or future state or municipal water quality protection requirements.
(3) 
The Borough may determine that an otherwise exempt regulated activity is not exempt if it is determined that the activity may exacerbate a known or suspected stormwater drainage problem.
(4) 
An exemption pursuant to this section shall not relieve the applicant from complying with all other applicable municipal ordinances and/or regulations.
B. 
General exemptions.
(1) 
The following regulated activities are exempt from certain provisions of this chapter, as detailed in Table 225-6.1:
(a) 
Activities that involve less than 2,000 square feet of new impervious surface and less than 10,000 square feet of earth disturbance.
(b) 
Activities that are listed in § 225-6C.
(2) 
The exception criteria shall apply to the total cumulative activities on a property even if they take place in phases. The date from which cumulative activities and impervious area shall be considered is August 5, 2014. This date represents the adoption date of the first Borough of Elverson ordinance that regulated said activities.
Table 225-6.1
Exemptions for Regulated Activities
Article/Section
Activities Listed in § 225-6C
Less Than 2,000 Square Feet of New Impervious Surfaces and Less Than 10,000 Square Feet of Earth Disturbance
2,000 Square Feet to 5,000 Square Feet of New Impervious Surfaces and Less Than 15,000 Square Feet of Earth Disturbance
Articles I and II
Not exempt
Not exempt
Not exempt
§§ 225-15, 225-16 and 225-17
Not exempt*
Not exempt*
Not exempt*
Exempt
Exempt
Exempt
§§ 225-24 and 225-25
Exempt
Exempt
Exempt*
§ 225-26
Exempt
Exempt
Not exempt
§ 225-27
Exempt
Exempt
Exempt*
Exempt
Exempt
Not exempt
Article V
Exempt
Exempt
Not exempt
Article VI
Exempt
Not exempt
Not exempt
Article VII
Exempt
Exempt
Not exempt
Articles VIII and IX
Not exempt
Not exempt
Not exempt
Table 225-6.1 Notes:
Sections 225-15A, 225-15C, 225-15E, 225-15G, 225-15I, 225-15K, 225-15R, 225-17A(1)(a), 225-17A(2) and 225-17B do not apply for columns 1 and 2.
Sections 225-15E, 225-15G, 225-15R, 225-17A(1)(a) and 225-17A(1)(b) do not apply for column 3.
If any facilities are proposed that are covered by design criteria contained in § 225-24 and/or § 225-25, said facilities shall conform to the requirements of § 225-24 and/or § 225-25.
Applicants proposing new impervious surface of between 2,000 square feet and 5,000 square feet and utilizing the Simplified Approach for Small Projects (Appendix G[1]) shall submit a simplified SWM site plan that meets the requirements of § 225-6E.
[1]
Editor's Note: Appendix G is an attachment to this chapter.
C. 
Exemptions for specific activities. The following specific regulated activities are exempt from certain provisions of this chapter, as detailed in Table 225-6.1:
(1) 
Emergency maintenance work performed for the protection of public health, safety and welfare. This exemption is limited to repair of an existing facility; upgrades, additions or other improvements are not exempt. A written description of the scope and extent of any emergency work performed shall be submitted to the Borough within two calendar days of the commencement of the activity. A detailed plan shall be submitted no later than 30 days following commencement of the activity. If the Borough finds that the work is not an emergency, they may order that the work cease immediately and the requirements of this chapter shall be addressed as applicable.
(2) 
Maintenance to an existing stormwater management system, facility, BMP or conveyance made in accordance with plans and specifications approved by the Borough Engineer and/or the Borough.
(3) 
Use of land for gardening for home consumption.
(4) 
Agricultural activities (as defined in Article II), when performed in accordance with the requirements of 25 Pa. Code Chapter 102.
(5) 
Conservation practices (as defined in Article II) that do not involve construction of any new or expanded impervious services.
(6) 
High tunnels (as defined in Article II), if:
(a) 
The high tunnel or its flooring does not result in an impervious area exceeding 25% of all structures located on the owner's total contiguous land area; and
(b) 
The high tunnel meets one of the following:
[1] 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road or neighboring property line; or
[2] 
The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road, or neighboring property line and located on land with a slope not greater than 7%; or
[3] 
The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse by managing stormwater runoff in a manner consistent with the requirements of this chapter.
(7) 
Forest management and timber harvest operations which are consistent with a sound forest management plan that has been filed with the Borough and which comply with PADEP management practices. Such operations are required to have an erosion and sedimentation control plan which meets the requirements of 25 Pa. Code Chapter 102 and § 225-17 of this chapter.
(8) 
Replacement of existing paved surfaces.
(9) 
Public road shoulder improvements conducted within the existing roadway right-of-way or cross section.
(10) 
Replacement in the exact footprint of an existing one- or two-family dwelling unit.
(11) 
Replacement of existing residential patios, decks, driveways, pools, garages and/or sidewalks that are accessory to an existing one- or two-family dwelling unit in the exact footprint of the existing impervious surface.
D. 
Fee option for small projects. For projects that qualify as small projects (new impervious surface of between 2,000 square feet and 5,000 square feet), the Borough may accept a stormwater fee in lieu of requiring the infiltration BMP's prescribed by this chapter if compliance with this chapter is found to be impractical or illogical for a particular tract of land. This determination shall be at the sole discretion of the Borough. In such cases, the fee shall be used by the Borough to help defray the cost of providing and maintaining public stormwater management systems.
(1) 
The fee shall be equal to 200% of the application fee for a SWM site plan, as determined from time to time by the Borough via resolution.
(2) 
The fee shall be paid prior to issuance of a building permit and prior to the commencement of any construction, excavation or grading.
(3) 
All collected fees shall be maintained in a separate stormwater capital reserve fund and shall be used solely for the administration, maintenance, repair and/or construction of public stormwater management facilities within the Borough.
E. 
Modified requirements for small projects.
(1) 
Regulated activities that involve 2,000 square feet to 5,000 square feet of new impervious surfaces and less than 15,000 square feet of earth disturbance shall apply the requirements presented in the "Simplified Approach for Small Projects" found in Appendix G.[2] This shall involve filing an SWM site plan application and submitting a modified SWM site plan. The modified SWM site plan shall comply with the following subsections of this chapter:
(a) 
Subsection 225-27A;
(b) 
Subsection 225-27B(2);
(c) 
Subsection 225-27B(4) through (6);
(d) 
Subsection 225-27B(9) through (11);
(e) 
Subsection 225-27B(13);
(f) 
Subsection 225-27B(15) through (18)(b);
(g) 
Subsection 225-27(F)(2), if required by the Borough;
(h) 
Subsection 225-27(H).
[2]
Editor's Note: Appendix G is an attachment to this chapter.
(2) 
The applicant shall supply calculations for each proposed BMP, as described in Appendix G.
(3) 
The applicant shall submit four copies of the SWM site plan and calculations to the Borough with the application. The Borough will forward one copy to the Engineer for review, forward one copy to the Codes Enforcement Officer for information, and retain two copies.
Any ordinance or ordinance provision of the municipality inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistency only.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared the intent of the governing body of the municipality that this chapter would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein.
A. 
Approvals issued and actions taken pursuant to this chapter do not relieve the applicant of the responsibility to secure and comply with other required permits or approvals for activities regulated by any other applicable code, rule, act, law, regulation or ordinance.
B. 
To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management than any other code, rule, act, law, regulation or ordinance, the specific requirements contained in this chapter shall take precedence.
C. 
Nothing in this chapter shall be construed to affect any of the municipality's requirements regarding stormwater matters that do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). The requirements of this chapter shall supersede any conflicting requirements in other municipal ordinances or regulations.
For all activities requiring submittal of a stormwater management (SWM) site plan that involve subdivision or land development, the applicant shall post financial security to the municipality for the timely installation and proper construction of all stormwater management facilities as required by the approved SWM site plan and this chapter, and such financial security shall:
A. 
Be equal to or greater than the full construction cost of the required facilities except to the extent that financial security for the cost of any of such improvements is required to be and is posted with the Pennsylvania Department of Transportation in connection with a highway occupancy permit application; and
B. 
Be determined, collected, applied and enforced in accordance with Sections 509 to 511 of the MPC and the provisions of Chapter 240, Subdivision and Land Development.
A. 
General. The requirements of this chapter are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this chapter on the site, the municipality may approve measures other than those in this chapter, subject to Subsections B and C of this section.
B. 
The governing body shall have the authority to waive or modify 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 ordinance is observed. Cost or financial burden shall not be considered a hardship. Modification may also be considered if an alternative standard or approach can be demonstrated to provide equal or better achievement of the results intended by the ordinance. A request for modification shall be in writing and accompany the SWM site plan submission. The request shall state in full the grounds and facts on which the request is based, the provision or provisions of the ordinance involved, and the minimum modification necessary.
C. 
PADEP approval required. For any proposed regulated activity involving earth disturbance equal to or greater than one acre, the municipality may approve measures for minimum volume and infiltration control other than those required in this chapter only after consultation with and evaluation by PADEP that the alternate site design meets state water quality requirements and does not conflict with state law, including, but not limited to, the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq.
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.