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.
(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
|
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Not exempt*
|
Not exempt*
|
Not exempt*
| |
|
Exempt
|
Exempt
|
Exempt
| |
|
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
|
|
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.
|
|
•
| |
|
•
| |
|
•
| |
[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:
(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
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.
