This chapter shall be known as the "East Brandywine Township
Stormwater Management Ordinance."
The governing body 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 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. 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.
Impact 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 municipal 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) is 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,
and 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 groundwater 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 downgradient 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 while encouraging new development and redevelopment
in urban areas and areas designated for growth.
O.
Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
P.
Provide stormwater management performance standards and design criteria
on a 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.
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.
Fulfill the purpose and requirements of Pennsylvania Act 167 (PA
Act 167, Section 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.
The Township is empowered or required to regulate land use activities
that affect runoff and surface water and groundwater quality and quantity
by the authority of:
A.
Notwithstanding anything to the contrary contained herein, the provisions of Article VIII, Prohibitions, shall apply to every person in the Township regardless if they are engaged in a regulated activity.
B.
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 municipal ordinance(s) and applicable state regulations, or as included in § 345-311 of this chapter.
C.
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.
D.
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 345-106.1, Thresholds
for Regulated Activities Exempt From Chapter Provisions).
(2)
The date of adoption of this chapter 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, unless such requirements
have previously been adopted, then the earliest date of the applicable
municipal ordinance adoption shall remain as the starting point.
(3)
Example: If, after adoption of this chapter, an applicant proposes
construction of a 600-square-foot garage, that project would be exempt
from the requirements of this chapter as noted in Table 345-106.1.
If, at a later date, an applicant proposes to construct a 900-square-foot
room addition on the same property, the applicant would then be required
to implement the stormwater management and plan submission requirements
of this chapter for the cumulative total of 1,500 square feet of additional
impervious surface added to the property since adoption of this chapter.
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 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 municipal water quality
protection requirements.
(3)
An exemption under this chapter shall not relieve the applicant
from complying with all other applicable municipal 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 § 345-106C are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 345-106.1. Exemptions are for the items noted in Table 345-106.1 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 345-106.1
Thresholds for Regulated Activities Exempt from Chapter Provisions
| |||
|---|---|---|---|
|
Chapter Article/Section
|
Activities Listed in § 345-106C
|
< 1,000 Square Feet of Regulated Impervious Surfaces and
< 5,000 Square Feet of Proposed Earth Disturbance
|
> 1,000 Square Feet of Regulated Impervious
Surfaces or >5,000 Square Feet of Proposed
Earth Disturbance
|
|
Article I, General Provisions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article II, Definitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article IV, Stormwater Management (SWM) Site Plan Requirements
|
Exempt
|
Exempt
|
Not exempt
|
|
Article V, Performance and Inspection of Regulated Activities and Final As-Built Plans
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VI, Fees and Expenses
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VII, Operations and Maintenance (O&M) Responsibilities and Easement
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VIII, Prohibitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article IX, Enforcement Violations and Penalties
|
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]
| ||
|
NOTES:
| |
|
(1)
|
Specific activities listed in § 345-106C 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 §§ 345-301, 345-304, 345-305, 345-306, 345-307, 345-308, 345-309 and 345-310, and Articles IV, V, VI and VII of this chapter (as shown in Table 345-106.1), 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, BMP, or conveyance made in accordance with plans and specifications
approved by the Township Engineer or 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:
(c)
[1]
The high tunnel or its flooring does not result in an impervious
area 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 as filed with 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 § 345-303 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 § 345-303 of this chapter and is exempt from all other requirements of this chapter listed in § 345-106C above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surfaces 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 345-106.1.
(8)
Municipal roadway shoulder improvements: shoulder improvements
conducted within the existing roadway cross section of municipal-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 surfaces: the replacement of existing residential patios,
decks, driveways, pools, 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 to less than 2,000 square feet of regulated impervious
surfaces and/or 5,000 to less than 10,000 square feet of proposed
earth disturbance may apply the modified requirements presented in
Appendix E,[2] "Simplified Approach to Stormwater Management for Small Projects (Simplified Approach)," to comply with the requirements of §§ 345-301, 345-304, 345-306, 345-307, 345-308, 345-309, and 345-310 and Article IV, Article V, Article VI and Article VII of this chapter (as shown in Table 345-106.2). The applicant shall first contact the Township Engineer 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 E 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 345-106.2
Thresholds for Regulated Activities that are Eligible for Modified
Requirements for the Provisions of this Chapter that are Listed Below
| |
|---|---|
|
Chapter Article/Section
|
Activities Listed in § 345-106D
|
|
Article I, General Provisions
|
All provisions apply
|
|
Article II, Definitions
|
All provisions apply
|
|
All provisions apply
| |
|
Exempt if modified requirements of § 345-106D are applied
| |
|
Article IV, Stormwater Management (SWM) Site Plan Requirements
|
Exempt if modified requirements of § 345-106D are applied
|
|
Article V, Performance and Inspection or Regulated Activities and Final As-Built Plans
|
Exempt if modified requirements of § 345-106D are applied
|
|
Article VI, Fees and Expenses
|
Exempt if modified requirements of § 345-106D are applied
|
|
Article VII, Operations and Maintenance (O&M) Responsibilities and Easement
|
Exempt if modified requirements of § 345-106D are applied
|
|
Article VIII, Prohibitions
|
All provisions apply
|
|
Article IX, Enforcement; Violations and Penalties
|
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]
|
|
NOTES:
| |
|
(1)
|
"Modified requirements": Regulated activities listed within subsections of this chapter noted in Table 345-106.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of § 345-106D are met to the satisfaction of the Township; all other provisions of this chapter apply.
|
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
Any chapter or chapter provision of the municipality inconsistent
with any of the provisions of this chapter are hereby repealed to
the extent of the inconsistency only.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared the intent of the
governing body of the Township that this chapter would have been adopted
had such unconstitutional, illegal or invalid provision, sentence,
clause, section or part thereof not been included herein.
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 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
A.
The requirements of this chapter are essential and shall be strictly
adhered to. For any regulated activity where, after a close evaluation
of alternative site designs, it proves to be impracticable to meet
any one or more of the mandatory minimum standards of this chapter
on the site, the Township may approve measures other than those in
this chapter, subject to § 345-112B and C.
B.
The governing body shall have the authority to waive or modify 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 observed. Cost or financial burden shall
not be considered a hardship. Modification may also be considered
if an alternative standard or approach can be demonstrated to provide
equal or better achievement of the results intended by this chapter.
A request for modification shall be in writing and accompany the SWM
site plan submission. The request shall state in full the grounds
and facts on which the request is based, the provision or provisions
of the chapter involved and the minimum modification necessary.
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 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 and shall constitute a violation of this chapter. No action
may be taken by a board, agency, or employee of the municipality purporting
to validate such a violation.
