This chapter shall be known as the "West Whiteland Township Stormwater Management Ordinance of 2023, as amended."
The Board of Supervisors of the Township 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 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 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 Township 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 require the Township to implement a program of stormwater controls. The Township is 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 Township or other storm sewer systems can contribute to pollution of the waters of the commonwealth.
I. 
The use of green infrastructure, low-impact development (LID), and conservation design (CD) 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, LID, and CD contribute to the restoration or maintenance of predevelopment hydrology.
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 Township:
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 ground 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 down gradient 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 Township.
N. 
Reduce the impacts of runoff from existing developed land undergoing redevelopment.
O. 
Implement an illicit discharge detection and elimination program that addresses nonstormwater discharges.
P. 
Provide stormwater management performance standards and design criteria a on watershed basis.
Q. 
Provide standards to meet certain NPDES stormwater permit requirements.
R. 
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 and to protect and maintain water quality in special protection areas.
S. 
Implement the requirements of total maximum daily load (TMDLs) where applicable to waters within or impacted by the Township.
T. 
Provide review procedures and performance standards for stormwater planning and management.
U. 
Implement the requirements of the county-wide Act 167 Stormwater Management Plan for Chester County, PA, and the Chester Creek Stormwater Management Plan.
V. 
Fulfill the purpose and requirements of Storm Water Management Act (PA Act 167, § 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."
A. 
The Township is empowered to regulate land use activities that affect runoff and surface and groundwater quality and quantity 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"; the Pennsylvania Municipalities Planning Code, Act of July 31, 1968 (Act 247), as reenacted and amended;[1] and the Second Class Township Code, Act of November 5, 1995 (Act 60), 53 P.S. § 65101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Furthermore, the Township is a Municipal Separate Storm Sewer System Community under Phase II of the National Pollution Discharge Elimination System (NPDES) Stormwater Program of the Environmental Protection Agency (EPA) and is thereby empowered to regulate stormwater by the authority of the Clean Streams Law, 35 P.S. § 691.1 et seq. and the Clean Water Act, 33 U.S.C. § 1251 et seq.
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 Township 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 Township'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 Township ordinance(s) and applicable state regulations or as included elsewhere in 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 regulated impervious surface or earth disturbance exceeds the corresponding threshold for exemption (as presented in Table 6.1 "Thresholds for Regulated Activities Exempt from Chapter Provisions").
(2) 
The date of adoption of the West Whiteland Township Stormwater Ordinance of 2004, March 10, 2004, 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.
D. 
This chapter shall apply to all areas of the Township.
E. 
The provisions of Article VIII, Prohibitions, shall apply to all persons and properties within the Township.
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, including but not limited to the provisions of Article VIII, Prohibitions, 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 Township water quality protection requirements.
(3) 
An exemption under this chapter shall not relieve the applicant from complying with all other applicable Township ordinances or regulations.
B. 
General exemptions. Regulated activities that involve less than 1,000 square feet of regulated impervious surfaces and less than 5,000 square feet of earth disturbance, or are listed in § 270-6C are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 6.1. Exemptions are for the items noted in Table 6.1 only, and shall not relieve the landowner from other applicable requirements of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and water quality.
Table 6.1
Thresholds for Regulated Activities Exempt from Chapter Provisions
Ordinance Article/Section
Activities Listed in Subsection 106.C.
Less than 1,000 square feet of Regulated Impervious Surfaces and less than 5,000 square feet of Proposed Earth Disturbance
Equal or greater than 1,000 square feet of Regulated Impervious Surfaces or equal or greater than 5,000 square feet of Proposed Earth Disturbance
Article I
Not exempt
Not exempt
Not exempt
Article II
Not exempt
Not exempt
Not exempt
Article III
§§ 270-16, 270-17, and 270-25
Not exempt
Not exempt
Not exempt
Article III
§§ 270-15, 270-18, 270-19, 270-20, 270-21, 270-22, 270-23, and 270-24
Exempt
Exempt
Not exempt
Article IV
Exempt
Exempt
Not exempt
Article V
Exempt
Exempt
Not exempt
Article VI
Exempt
Exempt
Not exempt
Article VII
Exempt
Exempt
Not exempt
Article VIII
Not exempt
Not exempt
Not exempt
Article IX
Not exempt
Not exempt
Not exempt
Other erosion, sediment and pollution control requirements
Must comply with Title 25, Chapter 102 of the PA Code and other applicable State and municipal codes, including the Clean Streams Law.[1]
TABLE 6.1 NOTES:
1.
Specific activities listed in § 270-6C are exempt from the indicated requirements, regardless of size.
2.
A proposed regulated activity must be less than both the regulated impervious surfaces and proposed earth disturbance thresholds to be eligible for exemption from the requirements listed in this table.
3.
"Regulated impervious surface" - as defined in this chapter.
4.
"Exempt" - regulated activities are exempt from the requirements of listed section(s) only; all other provisions of this chapter apply. These exemptions have no bearing on other municipal regulations or ordinances.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Exemptions for specific activities. The following specific regulated activities are exempt from the requirements of §§ 270-15, 270-18, 270-19, 270-20, 270-21, 270-22, 270-23, and 270-24, and Articles IV, V, VI and VII of this chapter (as shown in Table 6.1), unless otherwise noted below. All other conveyance and system design standards established by the Township in other codes or ordinances shall be required, and all other provisions of this chapter shall apply.
(1) 
Emergency exemption: emergency maintenance work performed for the protection of public health, safety and welfare. This exemption is limited to repair of the existing stormwater management 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 Township 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 Township finds that the work is not an emergency, then the work shall cease immediately and the requirements of this chapter shall be addressed as applicable.
(2) 
Maintenance: any maintenance to an existing stormwater management facility, facility, BMP or conveyance made in accordance with plans and specifications approved by the Township Engineer or the Township.
(3) 
Existing landscaping: use of land for maintenance, replacement, or enhancement of existing landscaping.
(4) 
Gardening: use of land for gardening for home consumption.
(5) 
Agricultural-related activities:
(a) 
Agricultural activities (as defined in Article II).
(b) 
Conservation practices (as defined in Article II) that do not involve construction of any new or expanded impervious surfaces.
(c) 
High tunnel if:
[1] 
The high tunnel or its flooring does not result in an impervious surface exceeding 25% of all structures located on the landowner's total contiguous land area; and
[2] 
The high tunnel meets one of the following:
[a] 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road, or neighboring property line.
[b] 
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%.
[c] 
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 Pennsylvania Act 167.
(6) 
Forest management: forest management operations, which are consistent with a sound forest management plan prepared by a registered forester in accordance with all applicable federal and state laws and regulations and approved by the Board of the Township and which comply with the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan, which meets the requirements of 25 Pa. Code Chapter 102 and meets the erosion and sediment control standards of § 270-17 of this chapter.
(7) 
Maintenance of existing gravel and paved surfaces: Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and § 270-17 of this chapter, and is exempt from all other requirements of this chapter listed in § 270-6C above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surface is exempt from the requirements of this chapter listed above. Construction of new or additional impervious surfaces shall comply with all requirements of this chapter as indicated in Table 6.1.
(8) 
Township roadway shoulder improvements: shoulder improvements conducted within the existing roadway cross section of Township-owned roadways, unless an NPDES permit is required, in which case the proposed work must comply with all requirements of this chapter.
(9) 
In-place replacement of residential dwelling unit: the replacement in the exact footprint of an existing one- or two-family dwelling unit.
(10) 
In-place replacement, repair, or maintenance of residential impervious surface: the replacement of existing residential patios, driveways, 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. 
Modified requirements for small projects. Regulated activities that involve 1,000 square feet to 2,000 square feet of regulated impervious surfaces and 5,000 square feet to 10,000 square feet of proposed earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (Simplified Approach) (Appendix A[2]) to comply with the requirements of §§ 270-15, 270-18, 270-19, 270-20, 270-21, 270-22, 270-23 and 270-24, and Articles IV, V, VI and VII of this chapter (as shown in Table 6.2). The applicant shall first contact the Township to confirm that the proposed project is eligible for use of the simplified approach and is not otherwise exempt from these chapter provisions; to determine what components of the proposed project are to be considered as impervious surfaces; and to determine if other known site or local conditions exist that may preclude the use of any techniques included in the simplified approach. Appendix A includes instructions and procedures for preparation, submittal, review and approval of documents required when using the simplified approach and shall be adhered to by the applicant. Infiltration testing for projects using the Simplified Approach is recommended but is not required by this chapter. All other provisions of this chapter shall apply.
Table 6.2
Thresholds for Regulated Activities That Are Eligible for "Modified" Requirements
Ordinance Article/Section
Activities Listed in § 270-6D
Article I
All provisions apply
Article II
All provisions apply
Article III
§§ 270-16, 270-17, and 270-25
All provisions apply
Article III
§§ 270-15, 270-18, 270-19, 270-20, 270-21, 270-22, 270-23, and 270-24
Exempt if modified requirements of § 270-6D are applied
Article IV
Exempt if modified requirements of § 270-6D are applied
Article V
Exempt if modified requirements of § 270-6D are applied
Article VI
Exempt if modified requirements of § 270-6D are applied
Article VII
Exempt if modified requirements of § 270-6D are applied
Article VIII
All provisions apply
Article IX
All provisions apply
Other erosion, sediment and pollution control requirements
Must comply with Title 25, Chapter 102 of the PA Code and other applicable State and municipal codes, including the Clean Streams Law.[3]
TABLE 6.2 NOTES:
1.
"Modified Requirements" - regulated activities listed within the sections of this chapter noted in Table 6.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of § 270-6D are met to the satisfaction of the Township; all other provisions of this chapter apply.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
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 Township'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 Township 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
B. 
Be determined, collected, applied and enforced in accordance with §§ 509 through 511 of the MPC and the provisions of the Township's Subdivision and Land Development Ordinance (SALDO).[1]
[1]
Editor's Note: See 53 P.S. § 10509 through § 10511 and Ch. 281, Subdivision and Land Development, respectively.
A. 
The Township may grant a full or partial waiver from the requirements of § 270-19 or other provisions of this chapter if the applicant demonstrates that the literal enforcement of the provision will adversely affect an historic resource or exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such waiver will not be contrary to the public interest and that the purpose and intent of this chapter is observed. The applicant for a waiver shall have the burden of complying with each of the following criteria in order to justify the grant of a waiver:
(1) 
In the case of a requested waiver of the requirements of § 270-19, the site conditions of the property in question are such that control of stormwater in compliance with § 270-19 of this chapter is not possible;
(2) 
There would be no predictable or apparent negative impact on adjoining property, either short-term or long-term, or no predictable or apparent impact on any water resources of the Township, either short-term or long-term, should a waiver be granted;
(3) 
The applicant presents evidence including but not limited to engineering data, geotechnical reports, and/or soil and geological studies, which adequately document that literal enforcement of the standards of this chapter are not achievable; and
(4) 
The applicant demonstrates that alternative design provisions shall achieve the objectives set forth in this chapter.
B. 
In granting waivers, additional protective measures and conditions shall be imposed:
(1) 
To meet the purposes of this chapter as set forth in § 270-3 herein;
(2) 
In situations in which a "high-quality stream" or "exceptional-value waters" is involved, as defined by the most current list from the PADEP; or
(3) 
In situations in which any resultant sedimentation will have an adverse impact on the property in question or on other property(ies).
C. 
The applicant shall submit all requests for waivers in writing and shall include such requests as a part of the application for development, or during the plan review and approval process. The applicant shall state in full the facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter that are involved, and the minimum waiver or relief that is necessary. The applicant shall state how the requested waiver and how the applicant's proposal shall result in an equal or better means of complying with the intent of §§ 270-3, 270-19 and 270-22 of this chapter.
D. 
The Board of Supervisors may grant applications for waivers when all of the following are demonstrated by the applicant to the satisfaction of the Township:
(1) 
That the waiver shall result in an equal or better means of complying with the intent of §§ 270-3, 270-19 and 270-22 of this chapter.
(2) 
That the waiver is the minimum necessary to provide relief.
(3) 
That the applicant is not requesting a waiver based solely on cost considerations.
(4) 
That existing off-site stormwater problems will not be exacerbated.
(5) 
That runoff is not being diverted to a different drainage area.
(6) 
That increased flooding or ponding on off-site properties or roadways will not occur.
(7) 
That potential safety or liability hazards due to icing conditions will not occur.
(8) 
That increase of peak flow or volume from the site will not occur.
(9) 
That erosive conditions will not occur.
(10) 
That adverse impact to water quality will not result.
(11) 
That increased 100-year floodplain levels will not result.
(12) 
That increased Township maintenance expenses will not result from the waiver.
(13) 
That the amount of stormwater generated has been minimized to the greatest extent possible.
(14) 
That infiltration of runoff throughout the proposed site cannot be accomplished as required by this chapter.
(15) 
That peak flow attenuation of runoff has been provided.
(16) 
That long-term operation and maintenance activities are established by execution of a stormwater facilities maintenance agreement.
(17) 
That the receiving streams and/or water bodies will not be adversely impacted in flood-carrying capacity, aquatic habitat, channel stability, and erosion and sedimentation.
E. 
DEP approval required. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by PADEP or the Chester County Conservation District.
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 municipality purporting to validate such a violation.