The Borough Council of Perkasie Borough finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases runoff volumes,
flows and velocities, contributes to erosion and sedimentation, degrades
water quality, overtaxes the carrying capacity of existing 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.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
erosion, 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.
C.
Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime, and sustain high water
quality, groundwater recharge, stream baseflow, and aquatic ecosystems.
The most cost effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
D.
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 streambanks thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
E.
The aforementioned impacts happen mainly through a decrease in natural
infiltration of stormwater.
F.
Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
G.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H.
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.
I.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a federal permit for stormwater discharges from their separate
storm sewer systems under the National Pollutant Discharge Elimination
System (NPDES) program.
J.
Non-stormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Borough.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Perkasie Borough by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 158-1 of this chapter through provisions designed to:
A.
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.
B.
Promote nonstructural best management practices (BMP).
C.
Minimize increases in stormwater volume and control peak flow.
D.
Minimize impervious surfaces.
E.
Manage stormwater runoff and erosion and sedimentation problems at
their source, reduce runoff volumes and mimic predevelopment hydrology.
F.
Utilize and preserve the existing natural drainage systems.
G.
Maintain the predevelopment volume of groundwater recharge to prevent
degradation of surface and groundwater quality and to otherwise protect
water resources.
H.
Maintain the predevelopment peak and volume of stormwater runoff
and prevent degradation of surface water quality.
I.
Minimize nonpoint source pollutant loadings to the ground and surface
waters.
J.
Minimize impacts on stream temperatures.
K.
Maintain existing flows and quality of streams and watercourses in
the Borough and the commonwealth.
L.
Preserve and restore the flood-carrying capacity of streams.
M.
Provide proper operations and maintenance of all permanent stormwater
management facilities and best management practices that are implemented
in the Borough.
N.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
O.
Provide review procedures, performance standards, and design criteria
for stormwater planning and management.
P.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
Q.
Infiltrate stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
R.
Prevent streambank and streambed scour and erosion.
S.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
T.
Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
U.
Implement an illicit discharge detection and elimination program
to address non-stormwater discharges into the MS4.
The Borough is empowered to regulate land use activities that
affect runoff by the authority of the Act of July 31, 1968, P.L. 805,
No. 247, The Pennsylvania Municipalities Planning Code, as amended
by Act 170 of 1988, as further amended by Act 209 of 1990 and Act
131 of 1992, 53 P.S. § 10101; by the authority of the Act
of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1,
et seq., as amended, the Stormwater Management Act; and by the authority
of the Pennsylvania Borough Code, Act 43 of 2012.
A.
This chapter shall apply to all areas of the Borough that are located
within the Tohickon Creek Watershed and/or East Branch Perkiomen Creek
Watershed as delineated in Appendix C which is hereby adopted as part
of this chapter.
B.
All "regulated activities" that may affect stormwater runoff, including
land development and earth disturbance activity, are subject to regulation
by this chapter.
C.
This chapter shall apply to temporary and permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities which are specifically not
regulated by this chapter, shall continue to be regulated under existing
laws and ordinances.
D.
This chapter contains the stormwater management performance standards
and design criteria that are necessary or desirable from a watershed-wide
perspective. Stormwater management design criteria (e.g., inlet spacing,
inlet type, collection system design and details, outlet structure
design, etc.) shall continue to be regulated by applicable ordinances,
where not specifically identified herein.
E.
The following activities are defined as "regulated activities" and shall be regulated by this chapter except as may be exempt from provisions of this chapter pursuant to § 158-5:
(1)
Land development.
(2)
Subdivision.
(3)
Prohibited or polluted discharges.
(4)
Alteration of the natural hydrologic regime.
(5)
Construction or reconstruction of impervious surfaces (e.g., driveways,
parking lots, etc.).
(6)
Construction of new buildings or additions to existing buildings.
(7)
Redevelopment.
(8)
Diversion piping or encroachments in any natural or man-made stream
channel.
(9)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
(10)
Temporary storage of impervious or pervious material (rock,
soil, etc.) where ground contact exceeds 5% of the lot area or 5,000
square feet (whichever is less), and where the material is placed
on slopes exceeding 8%.
(11)
Any activity requiring a grading/drainage permit pursuant to
Borough Ordinance.
A.
Exemption from any provision of this chapter shall not relieve the
applicant from all other applicable requirements of this chapter,
as identified herein.
B.
The following regulated activities, not proposed in conjunction with
a subdivision or land development, are exempt from the requirements
of this chapter (except where otherwise identified, herein):
(1)
Installation of 1,000 square feet or less of cumulative impervious
surface area since February 21, 2005.
(2)
Use of land for gardening for home consumption.
(3)
Agricultural activities when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Bucks County Conservation District, including activities such as growing crops, rotating crops, tilling of soil, and grazing animals. Installation of new, or expansion of existing, farmsteads, animal housing, waste storage, production areas, or other areas having impervious surfaces shall be subject to the provisions of this chapter unless exempt pursuant to § 158-5.
(4)
Forest management operations following the Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry" and
operating under an erosion and sedimentation control plan approved
by the Bucks County Conservation District and which have zoning approval
from Perkasie Borough.
(5)
Public road replacement, replacement paving, repaving and/or maintenance
(without expansion).
(6)
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Borough.
(7)
Repair and reconstruction of on-lot sewage disposal systems where
work is performed in accordance with a valid permit issued by Bucks
County Department of Health.
(8)
Lots that are part of an approved subdivision utilizing overall subdivision
stormwater management facilities, such as detention basins, are exempt
from individual lot controls if the total quantity of impervious surface
area on the lot (existing plus proposed) is equal to or less than
that quantity accounted for, from the lot, in the stormwater management
design approved in conjunction with the subdivision. This exemption
does not relieve those lots from utilizing on-lot controls where such
controls are designated as part of the overall approved subdivision
stormwater management system.
(9)
Construction or reconstruction of buildings or additions to existing
buildings or other impervious surface (regulated activities) is exempt
where the following conditions are met:
(a)
An area of impervious surface is removed from the site so that
upon completion of the regulated activity, the total increase of impervious
surface area is 1,000 square feet, or less.
(b)
The area where existing impervious surface is removed pursuant to § 158-5B(9)(a) above must be restored with a minimum of 12 inches of topsoil and permanent vegetative groundcover.
(10)
Grading/drainage permit applications (pursuant to Chapter 158 of the Perkasie Borough Code) where the addition of impervious surface area is 1,000 square feet, or less.
(11)
Lot line adjustment subdivisions are exempt when no increase
in impervious surface is proposed.
C.
Any regulated activity in Perkasie Borough, not proposed in conjunction with a subdivision or land development, creating additional impervious surface area, cumulatively in excess of 1,000 square feet (on the "parent tract") but less than the quantities identified in Table 158-5.1, and satisfying the setback criteria identified in Table 158-5.2, below, are exempt from certain provisions of this chapter but are required to submit a simplified stormwater management site plan, obtain a stormwater management permit (pursuant to Article IV of this chapter) and install an infiltration basin(s) in accordance with Perkasie Borough design and construction criteria. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is February 21, 2005. All impervious surface area constructed on or after February 21, 2005 shall be considered cumulatively. Impervious surface area existing on the "parent tract" prior to this date shall not be included in cumulative impervious surface area summation for determination of an exempt regulated activity. Any area initially designated to be gravel or crushed stone shall be considered impervious surface.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 158-5C, and that are required to install an infiltration basin(s) in accordance with Perkasie Borough design and construction criteria, shall at a minimum, submit the documentation identified pursuant to § 158-23 of this chapter, to the Borough for review and approval as a prerequisite to approval of a stormwater management permit and authorization to commence land disturbance activities.
Regulated activities creating impervious surface area greater than the quantities referenced in Tables 158-5.1 and 158-5.2 are NOT exempt from the requirements of this chapter and shall submit a stormwater management site plan and permit application pursuant to Article IV of this chapter.
(1)
Regulated activities included within § 158-5C are exempt from certain provisions of this chapter where the cumulative amount of additional proposed impervious surface area and the location of the impervious surface area conform to the following tables, 158-5.1 and 158-5.2:
|
Table 158-5.1
Maximum Exempt Impervious Surface Area
| |
|---|---|
|
Total Parcel Area
(acres)
|
Maximum Exempt Impervious Surface Area
(square feet)
|
|
<0.50
|
1,000
|
|
0.50 to 1.0
|
2,500
|
|
>1.0 to 2.0
|
4,000
|
|
>2.0 to 5.0
|
5,000
|
|
>5.0
|
7,500
|
(2)
Maximum amount of impervious surface area permitted (pursuant to
Table 158-5.1) within a setback (excluding driveway access), measured
from the downslope property boundary, shall conform to the following
table:
|
Table 158-5.2
Maximum Exempt Impervious Surface Area Permitted within the
Setback
| |
|---|---|
|
Minimum Setback*
(feet)
|
Maximum Exempt Impervious Surface Area (square feet) Permitted
within the Setback
|
|
10
|
None permitted
|
|
20
|
1,000
|
|
50
|
2,500
|
|
100
|
4,000
|
|
200
|
5,000
|
|
500
|
7,500
|
|
*
|
The "minimum setback" is defined as that distance between the
downslope property boundary (where surface stormwater runoff from
the regulated activity crosses that boundary) to the nearest point
of the proposed impervious improvements, or the stormwater control
structure discharge point, whichever is closer. Setback distances
may be adjusted at the discretion of the Borough Engineer based upon
factors such as topography, surface flow path, soil conditions, and
location of structures.
|
D.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety, and property.
(2)
Drainage problems. Where drainage problems are documented or known
to exist downstream of, or is expected from, the proposed activity,
the Borough may deny an exemption.
(3)
HQ and EV streams. An exemption or partial exemption shall not relieve
the applicant from meeting special requirements for watersheds draining
to high quality (HQ) or exceptional value (EV) waters.
(4)
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.
E.
Perkasie Borough, upon request by the applicant, may grant an exemption from the provisions of this chapter for a regulated activity qualifying for an exemption identified pursuant to § 158-5B. The Borough shall require the developer to pay a fee in an amount established by separate resolution of Borough Council to the Perkasie Borough Stormwater Management Capital Fund for any exemption identified pursuant to §§ 158-5B(1), (9) and/or (10) of this chapter. The Borough's approval of a stormwater management exemption shall be valid for a period not to exceed one year. This time period shall commence on the date that the Borough approves the stormwater management exemption. The Stormwater Management Capital Fund contribution shall be nonrefundable.
F.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 158-5B shall, at a minimum, submit the following documentation to the Borough for review as a prerequisite to approval of a stormwater management exemption and authorization to commence land disturbance activities:
(1)
Two copies of the completed Borough stormwater management application
form.
(2)
Stormwater management review fee and escrow, as established by separate
resolution of Borough Council.
(3)
Two copies of a plot plan for the parcel, which is the subject of
the exemption application, containing, at a minimum, the following
information:
(a)
Property boundaries and area of the site, based on deed information,
or field survey.
(b)
Location map identifying the site relative to streets and other
parcels in the vicinity of the site.
(c)
Location of significant natural and existing man-made features,
including wetlands, watercourses, woodlands, steep slopes, structures,
parking areas, driveways, utilities, wells, and septic systems within
200 feet of proposed impervious surface, regardless of the location
of the property boundary.
(d)
Location and dimensions of existing and proposed impervious
surface and other improvements, with setbacks drawn to relate the
location of same to property lines, streets, and existing features.
Impervious surface area tabulation must be provided identifying existing
area of impervious surface, existing impervious surface area to be
removed, and proposed impervious surface areas.
(e)
North Arrow.
(f)
Plan scale, as applicable.
Any ordinance or ordinance provision of the Borough inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decisions shall
not affect the viability of any of the remaining provisions of this
chapter.
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.
Borough Council may grant a modification of 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 this chapter is preserved. Cost or financial burden shall not be
considered a hardship. Modification may be considered if an alternate
standard or approach will provide equal or better achievement of the
purpose of this chapter. 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 this chapter involved and the proposed modification.
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.
B.
Waivers or modifications of the requirements of this chapter 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 chapter 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 chapter. 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 chapter involved
and the proposed modification.
C.
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 Bucks County Conservation
District.
