[Ord. No. 416, 9/29/2022[1]]
This chapter shall be known and may be cited as the "Plainfield Township Act 167 Stormwater Management Ordinance."
[1]
Editor's Note: This ordinance also repealed former Ch. 23, Stormwater Management, adopted by Ord. No. 289, 3/4/2005; as amended by Ord. No. 296, 9/14/2005; and by Ord. No. 382, 11/8/2017.
[Ord. No. 416, 9/29/2022]
1. 
The Board of Supervisors of Plainfield Township finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases runoff volumes, flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
C. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.
D. 
The use of green infrastructure and low-impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to 1) infiltrate and recharge; 2) evapotranspire; and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology.
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F. 
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) program.
G. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.
[Ord. No. 416, 9/29/2022]
1. 
The purpose of this chapter is to promote the public health, safety and welfare within the municipality and its watershed by minimizing the damages and maximizing the benefits described in § 23-102 of this chapter by provisions designed to:
A. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
B. 
Preserve natural drainage systems.
C. 
Maintain groundwater recharge to prevent degradation of surface water and groundwater quality and to otherwise protect water resources.
D. 
Maintain the existing flows and quality of streams and watercourses in the municipality and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper operation and maintenance of all stormwater best management practices (BMPs) that are implemented within the municipality.
G. 
Provide procedures and performance standards for stormwater planning and management.
H. 
Manage stormwater impacts close to the runoff source which requires a minimum of structures and relies on natural processes.
I. 
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 this commonwealth.
J. 
Prevent scour and erosion of streambanks and streambeds.
K. 
Provide standards to meet NPDES permit requirements.
[Ord. No. 416, 9/29/2022]
The municipality is empowered to regulate land use activities that affect runoff by the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code,[1] as amended, and/or 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, and the Second Class Township Code, 53 P.S. § 65101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 416, 9/29/2022]
1. 
This chapter shall only apply to those areas of the municipality which are located within the Bushkill Creek, Martins/Jacoby Creek and Delaware River Sub-Basin 1 Watersheds as delineated on official maps available for inspection at the municipal office. Maps of the Bushkill Creek, Martins/Jacoby Creek and Delaware River Sub-Basin 1 Watersheds at a reduced scale are included in Appendix 23-A[1] for general reference.
[1]
Editor's Note: Said appendix material is on file in the Township offices.
2. 
This chapter shall only apply to permanent stormwater management BMPs constructed as part of any of the activities listed in this chapter. Stormwater management and erosion and sedimentation control during construction involved with any of these activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
3. 
This chapter contains only those stormwater runoff control criteria and standards which are necessary or desirable from a total watershed perspective. Additional stormwater management design criteria (i.e., inlet spacing, inlet types, collection system requirements, etc.) which represent sound engineering practice may be regulated either by separate stormwater chapter provisions or as required by the Township Engineer.
4. 
The following activities are defined as regulated activities and shall be governed by this chapter, except those which meet the waiver requirements presented thereafter:
A. 
Land development.
B. 
Subdivision.
C. 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
D. 
Construction of new buildings or additions to existing buildings.
E. 
Diversion or piping of any natural or man-made stream channel.
F. 
Installation of stormwater systems or appurtenances thereto.
G. 
Regulated earth disturbance activities.
[Ord. No. 416, 9/29/2022]
1. 
Impervious Cover. Any proposed regulated activity, except those defined in § 23-105, Subsection 4E and F, that results in cumulative earth disturbance of less than one acre and which would create 10,000 square feet or less of additional impervious cover would be exempt from the SWM site plan preparation provisions of this chapter. The date of the municipal ordinance adoption of the original Bushkill Creek Act 167 Stormwater Management Ordinance (April 14, 1993) and the date of the municipal ordinance adoption of the original Martins/Jacoby Creeks and Delaware River Sub-Basin 1 Watershed Act 167 Stormwater Management Ordinance (November 13, 1996) shall be the starting points from which to consider tracts as parent tracts in which future subdivisions and respective impervious area computations shall be cumulatively considered. Regulated activities qualifying for this waiver would still be regulated by § 13 of the Pennsylvania Stormwater Management Act, 32 P.S. § 680.13, and other municipal ordinance provisions, as applicable. For development taking place in stages, the entire development plan must be used in determining conformance with these criteria. Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any additional areas proposed to initially be gravel, crushed stone, porous pavement, etc., shall be assumed to be impervious for the purposes of comparison to the exemption criteria. Any existing gravel, crushed stone or hard-packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation. All of the impervious cover added incrementally to a site above the initial 10,000 square feet shall be subject to the provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, the total impervious cover on the site proposed since the original ordinance date must meet the provisions of this chapter.
2. 
Prior SWM Site Plan Approval. Any regulated activity for which an SWM site plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the municipality prior to the effective date of this chapter is exempt from the SWM site plan preparation provisions of this chapter, except as cited in Subsection 3, provided that the approved SWM site plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code, 53 P.S. § 10101 et seq. If significant revisions are made to the SWM site plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new SWM site plan, subject to the provisions of this chapter, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original SWM site plan.
A. 
In the case of impervious cover being added to a residential property with a previously approved SWM site plan, the following procedure may be followed (except for cases where this procedure conflicts with Northampton County Conservation District requirements):
(1) 
One to 399 square feet of impervious cover cumulatively added above what was shown on the previously approved SWM site plan: SWM site plan not required.
(2) 
Four hundred to 1,999 square feet of impervious cover cumulatively added above what was shown on the previously approved SWM site plan: the Applicant must either prove capacity exists for the additional impervious per the previously approved SWM site plan, or the additional impervious may be controlled via the "Simplified Method" as found in § 23-304, Subsection 18, of this chapter.
(3) 
Two-thousand-plus square feet of impervious cover cumulatively added above what was shown on the previously approved SWM site plan: full compliance with this chapter required.
3. 
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property, and state water quality requirements. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
4. 
Agricultural activity is exempt from the SWM site plan preparation requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
5. 
Forest management and timber operations are exempt from the SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
6. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
[Ord. No. 416, 9/29/2022]
Approvals issued and actions taken under 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, law, regulation, or ordinance.
[Ord. No. 416, 9/29/2022]
Notwithstanding any provisions of this chapter, including exemption and waiver provisions, any landowner and any person engaged in 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 shall include such actions as are required to manage the rate, volume, direction and quality of resulting stormwater runoff in a manner which adequately protects health and property from possible injury.
[Ord. No. 416, 9/29/2022]
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
[Ord. No. 416, 9/29/2022]
In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.
[Ord. No. 416, 9/29/2022]
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 proceeding 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 municipality purporting to validate such a violation.