[Ord. No. 1358, 9/12/2022]
This Part shall be known and may be cited as the "Neshaminy Creek Watershed Stormwater Management Ordinance" (aka Neshaminy/Little Neshaminy Stormwater Management Ordinance).
[Ord. No. 1358, 9/12/2022]
1. 
The governing body of the Borough finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development and redevelopment 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 convey and manage stormwater, undermines floodplain management and flood-reduction efforts in upstream and downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
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 stream banks, thereby elevating sedimentation), destroying aquatic habitat, and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals, and pathogens.
C. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the Borough and all the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams, which also protects and maintains surface water quality.
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. 
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 pre-development hydrology.
[Ord. No. 1358, 9/12/2022]
1. 
The purpose of this Part is to promote the public health, safety, and welfare within the Borough and the Neshaminy Creek watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 26-202 of this Part, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Minimize increases in stormwater volume and control peak flows.
C. 
Minimize impervious surfaces.
D. 
Provide review procedures and performance standards for stormwater planning and management.
E. 
Preserve the natural drainage systems as much as possible.
F. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
G. 
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
H. 
Preserve and restore the flood-carrying capacity of streams.
I. 
Prevent scour and erosion of streambanks and stream beds.
J. 
Provide standards to meet National Pollution Discharge Elimination System (NPDES) permit requirements.
K. 
Address certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. 
Address the requirements of the Neshaminy Creek Watershed Act 167 Stormwater Management Plan.
M. 
Provide for proper operation and maintenance of all stormwater management facilities and best management practices (BMPs) that are implemented in the Borough.
[Ord. No. 1358, 9/12/2022]
1. 
The Borough is empowered to regulate land use activities that affect runoff, surface, and groundwater quality and quantity by the authority of:
A. 
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The Stormwater Management Act 167, as amended.[2]
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
[Ord. No. 1358, 9/12/2022]
1. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this Part.
2. 
Regulated activities include, but are not limited to:
A. 
Land development;
B. 
Subdivisions;
C. 
Prohibited or polluted discharges;
D. 
Alteration of the natural hydrologic regime;
E. 
Construction or reconstruction of, or addition of new impervious or semi-pervious surfaces (i.e., driveways, parking lots, roads, etc.), except for reconstruction of roads where there is no increase in impervious surface;
F. 
Construction of new buildings or additions to existing buildings;
G. 
Redevelopment;
H. 
Diversion piping or encroachments in any natural or man-made channel; and
I. 
Nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
[Ord. No. 1358, 9/12/2022]
1. 
Regulated activities that create impervious surfaces smaller than or equal to 1,000 square feet are exempt from the peak rate control requirements and the SWM site plan preparation located in Part 2D of this Part unless the activity is found to be a significant contributor of pollution to the waters of this commonwealth.
2. 
Regulated activities that create impervious surfaces between 1,001 square feet up to and including 5,000 square feet are exempt only from the peak rate control requirements of this Part. (Refer to Appendix I which contains the small project SWM site plan for small regulated activities creating impervious surface between 1,000 square feet up to and including 5,000 square feet. The small project SWM site plan provides small regulated activities with the opportunity to submit a SWM site plan without having to hire professional services.)
Table 26-206.1 Impervious Surface Exemption Thresholds for the Neshaminy Creek Watershed
Ordinance Article or Section
Type of Project
Proposed Impervious Surface
0 to 1,000 square feet
1,001 to 5,000 square feet
5,000 plus square feet
Part 20 SWM site plan requirements
Development
Exempt
Not exempt
Not exempt
Small project site plan
Only residential development applicable
Exempt
Applicable
N/A
§ 26-216 volume control requirements
Development
Not exempt
Not exempt
Not exempt
§ 26-217 peak rate control requirements
Development
Exempt
Exempt
Not exempt
Erosion and sediment pollution control requirements
Must comply with Title 25, Chapter 102 of the PA Code and any other applicable state, county, and municipal codes. PADEP requires an engineered post-construction SWM plan with projects proposing earth disturbance greater than 1 acre.
3. 
Agricultural activity is exempt from the SWM site plan preparation requirements of this Part, provided the activities are performed according to the requirements of 25 Pa. Code 102.
4. 
Forest management and timber operations are exempt from the SWM site plan preparation requirements of this Part provided the activities are performed according to the requirements of 25 Pa. Code 102.
5. 
Any aspect of BMP maintenance to an existing SWM system made in accordance with plans and specifications approved by the Borough is exempt.
6. 
The use of land for gardening for home consumption is exempt from the requirements of this Part.
7. 
Exemptions from any provisions of this Part shall not relieve the applicant from the requirements in § 26-214, Subsection 4 through 12.
8. 
The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may pose a threat to public health and safety or the environment.
9. 
Additional Exemption Criteria:
A. 
Exemption Responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety, and property.
B. 
Drainage Problems. Where drainage problems are documented or known to exist downstream of or is expected from the proposed activity, the Borough may deny exemptions.
C. 
Exemptions are limited to specific portions of this Part.
D. 
HQ and EV Streams. The Borough may deny exemptions in high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA).
[Ord. No. 1358, 9/12/2022]
Any other ordinance provision(s) or regulation of the Borough inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.
[Ord. No. 1358, 9/12/2022]
Should any section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 1358, 9/12/2022]
Approvals issued and actions taken pursuant to this Part 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.
[Ord. No. 1358, 9/12/2022]
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 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 Borough purporting to validate such a violation.
[Ord. No. 1358, 9/12/2022]
1. 
If the Borough determines that any requirement under this Part cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this Part.
2. 
Waivers or modifications of the requirements of this Part may be approved by the Borough if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the ordinance is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the ordinance. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the ordinance involved and the proposed modification.
3. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.