[Ord. 763, passed 9-10-2012]
This chapter shall be known as the "Brookhaven Borough Stormwater Management Ordinance."
[Ord. 763, passed 9-10-2012]
The governing body of the municipality finds the following.
(A) 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines flood plain management and flood reduction efforts in upstream and downstream communities, reduces infiltration, and threatens public health and safety.
(B) 
Inadequate planning and management of stormwater runoff resulting from land development throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream beds 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 development, redevelopment and activities causing accelerated erosion and loss of natural infiltration, is fundamental to the public health, safety, welfare and the protection of the people of the municipality and all of the people of the Commonwealth, their resources and the environment.
(D) 
Stormwater can be an important water resource by providing infiltration for water supplies and baseflow of streams, which also protects and maintains surface water quality.
(E) 
Impacts from stormwater runoff can be minimized by using project designs that maintain the natural hydrologic regime and sustain high water quality, infiltration, stream baseflow and aquatic ecosystems. The most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design that minimizes impervious surfaces and sprawl, avoids sensitive areas (i.e., stream buffers, flood plains, steep slopes) and considers 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 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).
(H) 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the Commonwealth by the municipality.
[Ord. 763, passed 9-10-2012]
The purpose of this chapter is to promote the public health, safety and welfare within the municipality by maintaining the natural hydrologic regime and minimizing the impacts described in § 1230.102 of this chapter through provisions designed to:
(A) 
Promote alternative project designs and layouts that minimize the impacts on surface and groundwater;
(B) 
Promote nonstructural best management practices (BMPs);
(C) 
Minimize increases in runoff stormwater volume;
(D) 
Minimize impervious surfaces;
(E) 
Manage accelerated stormwater runoff and erosion and sedimentation problems and stormwater runoff impacts at their source by regulating activities that cause these problems;
(F) 
Provide review procedures and performance standards for stormwater planning and management;
(G) 
Utilize and preserve existing 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 base flow, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources;
(J) 
Protect base flows and quality of streams and watercourses, where possible;
(K) 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4.a requiring protection and maintenance of "existing uses" and maintenance of the level of water quality to support those uses in all streams, and the protection and maintenance of water quality in "special protection" streams;
(L) 
Address the quality and quantity of stormwater discharges from the development site;
(M) 
Provide standards to meet certain NPDES MS4 permit requirements;
(N) 
Implement an illicit discharge detection and elimination program that addresses non-stormwater discharges into the municipality's separate storm sewer system (MS4);
(O) 
Preserve the flood-carrying capacity of streams;
(P) 
Prevent accelerated scour, erosion and sedimentation of stream channels;
(Q) 
Provide performance standards and design criteria based on watershed-wide stormwater management planning; and
(R) 
Provide proper operation and maintenance of all permanent stormwater management facilities and BMPs that are implemented within the municipality.
[Ord. 763, passed 9-10-2012]
The municipality is empowered or required to regulate land use activities that affect runoff and surface and groundwater quality and quantity by the authority of:
(A) 
Act of October 4, 1978, 32 P.S. §§ 680.1 et seq., as amended, the "Stormwater Management Act" (hereinafter referred to as "the Act");
(B) 
Borough Code, 8 Pa.C.S.A. §§ 1201 et seq.;
(C) 
First Class Township Code, 53 P.S. §§ 55101 et seq;
(D) 
Second Class Township Code, 53 P.S. §§ 66501 et seq., 66601 et seq.;
(E) 
Act of July 31, 1968, P.L. 805, No. 247, Pennsylvania Municipalities Planning Code, Act 247, being 53 P.S. §§ 10101 et seq., as amended.
[Ord. 763, passed 9-10-2012]
(A) 
All regulated activities and all activities that may affect stormwater runoff, including, but not limited to, land development, redevelopment and earth disturbance activity located within the municipality, are subject to regulation by this chapter. Any and all activities within the Borough which may affect water quality are hereby subject to the regulation of Article VIII herein below, relating to prohibited discharges.
(B) 
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design and the like) shall continue to be regulated by the applicable municipal ordinances and applicable state regulations.
[Ord. 763, passed 9-10-2012]
(A) 
Generally. An exemption shall not relieve the applicant from implementing the requirements of the municipal ordinance or from implementing such measures as are necessary to protect public health, safety and property. An exemption shall not relieve the applicant from complying with the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters or any other current or future state or municipal water quality protection requirements. If a drainage problem is documented or known to exist downstream of, or is expected from the proposed activity, then the municipality may withdraw exemptions listed in Table 106.1 and require the applicant to comply with all requirements of this chapter. Even though the applicant is exempt, he or she is not relieved from complying with other municipal ordinances or regulations.
(B) 
General exemptions.
(1) 
Table 106.1 summarizes the exemptions from certain provisions of this chapter. Exemptions are for the items noted in Table 106.1 only, and shall not relieve the applicant from other applicable sections of this chapter.
(2) 
Any regulated activity that is exempt from some provisions of the chapter is exempt only from those provisions. If development is to take place in phases, the developer is responsible for implementing the requirements of the chapter as the impervious cover/earth disturbance threshold is met. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area and earth disturbance computations shall be cumulatively considered. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety and property. For example:
If a property owner proposes a one-hundred-fifty-square-foot shed after adoption of the municipal stormwater management ordinance, that property owner would be exempted from water quality and quantity requirements of the ordinance as noted in Table 106.1 of the ordinance. If, at a later date, the property owner proposes to construct a four-hundred-ninety-nine-square-foot room addition, the applicant would be required to comply with the requirements for the Simplified Method for the full 649 square feet of impervious cover created since adoption of the municipal ordinance. If an additional seven-hundred-square-foot swimming pool/patio is proposed later, the property owner would be required to implement the full stormwater quantity and quality control submission requirements of this chapter for the total 1,349 square feet of additional impervious surface added to the original property since adoption of the municipal ordinance.
Table 106.1: Ordinance Exemptions
Proposed Impervious Surface
Earth Disturbance
Ordinance Article or Section
Type of Project
0 — 499 square feet
500 — 999 square feet
1,000 + square feet
0 — 4,999 square feet disturbance
5,000 square feet —<1 acre
1 acre
Article IV SWM Site Plan Requirements
Development redevelopment
Exempt
Not exempt simplified approach
Not exempt
Exempt
Modified 1
Not exempt
§ 1230.304 Nonstructural Project Design
Development redevelopment
Exempt
Not exempt simplified approach
Not exempt
Exempt
Not exempt
Not exempt
§ 1230.305 Infiltration Volume Requirements
Development redevelopment
Exempt
Not exempt simplified approach
Not exempt
Exempt
Exempt
Not exempt
§ 1230.306 Water Quality Requirements
Development redevelopment
Exempt
Not exempt simplified approach
Not exempt
Modified 2
Modified 2
Not exempt
§ 1230.307 Stream Bank Erosion Requirements
Development redevelopment
Exempt
Not exempt simplified approach
Not exempt
Exempt
Exempt
Not exempt
§ 1230.308 Stormwater Peak Rate Control and Management Districts
Development redevelopment
Exempt
Exempt
Not exempt
Exempt
Not exempt
Not exempt
Erosion and Sediment Pollution Control Requirements
Must comply with 25 Pa. Code 102 and other applicable state and municipal codes, including the Clean Streams Law
Not exempt
Legend:
•
"Proposed Impervious Surface" in Table 106.1 includes new, additional or replacement impervious surface/cover as part of development or redevelopment.
•
Exempt - Exempt from required section provision only - SWM site plan submission may still be required if other section provisions are applicable.
•
Modified 1 - Modified SWM site plan need only consist of items in §§ 1230.402(A)(2) and (A)(4); 1230.402(B)(7), (B)(8), (B) (11) and (B)(22); and 1230.402(D)(1) and (D)(3) and related supportive material needed to determine compliance with §§ 1230.304 and 1230.308; modified SWM site plan is required that includes all elements of § 1230.304, as applicable.
•
Modified 2 - Modified SWM site plan need only consist of items and related material needed to determine compliance with § 1230.306(D).
•
Simplified approach - Must comply with provisions of Appendix B of Ord. 763.
•
Redevelopment - See § 1230.308(I) for alternate stormwater peak rate control criteria.
(C) 
Exemptions for specific activities.
(1) 
Use of land for gardening or home consumption;
(2) 
Agriculture when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the County Conservation District, including activities such as growing crops, rotating crops, tilling soil and grazing animals. For agriculture with an approved conservation plan, installation of new or expansion of existing farmsteads, animal housing, waste storage and production areas having impervious surfaces that result in a net increase in impervious surface of between 500 to 999 square feet shall apply the simplified approach, and net increases in impervious surface of greater than or equal to 1,000 square feet shall be subject to the provisions of this chapter;
(3) 
Forest management operations which are following the Department of Environmental Protection's (PADEP) management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry," are operating under an approved erosion and sedimentation plan, and must comply with the stream buffer requirements in § 1230.306(D);
(4) 
Repaving without reconstruction;
(5) 
Emergency exemption: emergency maintenance work performed for the protection of public health, safety and welfare. 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. If the Borough finds that the work is not an emergency, then the work shall cease immediately, until a stormwater site-plan in accordance with this chapter is submitted and approved by the municipality; and
(6) 
Maintenance exemption: any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Municipal Engineer or the Borough.
[Ord. 763, passed 9-10-2012]
Any ordinance or ordinance provision of the municipality inconsistent with any of the provisions of this and other federal and state regulations are hereby repealed to the extent of the inconsistency only.
[Ord. 763, passed 9-10-2012]
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.
[Ord. 763, passed 9-10-2012]
(A) 
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.
(B) 
To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.
(C) 
(1) 
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 and the like).
(2) 
Conflicting provisions in other municipal ordinances or regulations shall be construed to retain.
(3) 
The requirements of this chapter shall supersede any conflicting requirements in other municipal ordinances or regulations.