This chapter shall be known as the "Upper Darby Township Stormwater
Management Ordinance."
The governing body of the municipality finds that:
A.
Inadequate management of accelerated erosion resulting from development
throughout a watershed increases flood flows and velocities, contributes
to erosion and sedimentation, 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 infiltration, and threatens public health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land development throughout a watershed can also 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 development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and the protection of the people of the municipality
and all of the people of the commonwealth, their resources, and the
environment.
D.
Stormwater can be an important water resource by providing infiltration
for water supplies and baseflow of streams, which also protects and
maintains surface water quality.
E.
Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, infiltration, stream baseflow, and aquatic ecosystems.
The most cost-effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design that minimizes
impervious surfaces and sprawl, avoids sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and considers 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 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).
H.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
I.
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) infiltration 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 promote the 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 municipality.
A.
Promote alternative project designs and layouts that minimize the
impacts on surface and groundwater.
B.
Promote nonstructural best management practices (BMPs).
C.
Minimize increases in runoff stormwater volume.
D.
Minimize impervious surfaces.
E.
Manage accelerated stormwater runoff and erosion and sedimentation
problems and stormwater runoff impacts at their source by regulating
activities that cause these problems.
F.
Provide review procedures and performance standards for stormwater
planning and management.
G.
Utilize and preserve existing natural drainage systems as much as
possible.
H.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
I.
Focus on infiltration of stormwater to maintain base flow, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
J.
Protect base flows and quality of streams and watercourses, where
possible.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pennsylvania Code Chapter 93 to protect, maintain,
reclaim, and restore the existing and designated uses of the waters
of the commonwealth.
L.
Address the quality and quantity of stormwater discharges from the
development site.
M.
Provide standards to meet certain NPDES MS4 permit requirements.
N.
Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges into the municipality's
separate storm sewer system (MS4).
O.
Preserve the flood-carrying capacity of streams.
P.
Prevent accelerated scour, erosion and sedimentation of stream channels.
Q.
Provide performance standards and design criteria based on watershed-wide
stormwater management planning.
R.
Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented within the municipality.
S.
Implement the requirements of Total Maximum Daily Loads (TMDLs) where
applicable to waters within or impacted by the municipality.
The municipality is empowered or required to regulate land use
activities that affect runoff and surface and groundwater quality
and quantity by the authority of:
A.
Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167) Section 680.1
et seq., as amended, the "Storm Water Management Act" (hereinafter
referred to as "the Act");
B.
The Home Rule Charter and Optional Plans Law, 53 Pa.C.S. § 2901
et seq.; and
C.
Act of July 31, 1968, P.L. 805, No. 247, Pennsylvania Municipalities
Planning Code, Act 247, as amended.
A.
All regulated activities and all activities that may affect stormwater
runoff, including but not limited to land development, redevelopment,
and earth disturbance activity located within the municipality, are
subject to regulation by this chapter.
B.
This chapter contains the stormwater management performance standards
and design criteria that are necessary from a watershed-wide perspective.
Local 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 the applicable municipal
ordinances and applicable state regulations.
An exemption shall not relieve the applicant from implementing
the requirements of the municipal ordinance or from implementing such
measures as are necessary to protect public health, safety, and property.
An exemption shall not relieve the applicant from complying with the
special requirements for watersheds draining to identified high quality
(HQ) or exceptional value (EV) waters or any other current or future
state or municipal water quality protection requirements. If a drainage
problem is documented or known to exist downstream of, or is expected
from the proposed activity, then the municipality may withdraw exemptions
listed in Table 106 and require the applicant to comply with all requirements
of this chapter. Even though the applicant is exempt, he is not relieved
from complying with other municipal ordinances or regulations.
A.
General exemptions.
(1)
Table 106.1 summarizes the exemptions from certain provisions of
this chapter. Exemptions are for the items noted in Table 106.1 only
and shall not relieve the applicant from other applicable sections
of this chapter.
(2)
Any regulated activity that is exempt from some provisions of the
ordinance is exempt only from those provisions. If development is
to take place in phases, the developer is responsible for implementing
the requirements of the of the ordinance as the impervious cover/earth
disturbance threshold is met. The date of the municipal ordinance
adoption shall be the starting point from which to consider tracts
as "parent tracts" in which future subdivisions and respective impervious
area and earth disturbance computations shall be cumulatively considered.
Exemption shall not relieve the applicant from implementing such measures
as are necessary to protect health, safety, and property. For example:
(a)
If a property owner proposes a 150-square-foot shed after adoption
of the municipal stormwater management ordinance, that property owner
would be exempted from water quality and quantity requirements of
the ordinance as noted in Table 106.1 of the ordinance. If, at a later
date, the property owner proposes to construct a 499-square-foot room
addition, the applicant would be required to comply with the requirements
for the Simplified Method for the full 649 square feet of impervious
cover created since adoption of the municipal ordinance. If an additional
700 square foot swimming pool/patio is proposed later, the property
owner would be required to implement the full stormwater quantity
and quality control submission requirements of this chapter for the
total 1,349 square feet of additional impervious surface added to
the original property since adoption of the municipal ordinance.
|
Table 106.1
Ordinance Exemptions
| |||||||
|---|---|---|---|---|---|---|---|
|
Regulated Impervious Surface
|
Earth Disturbance
| ||||||
|
Ordinance Article or Section
|
Type of Project
|
0-249. feet
|
250-749 square feet
|
750
square feet
|
1,500 square feet disturbance
|
1,500 square feet - < 1 acre
|
> 1 acre
|
|
Article IV SWM site plan requirements
|
Development redevelopment
|
Exempt
|
Not exempt simplified approach
|
Not exempt
|
Exempt
|
Modified1
|
Not exempt
|
|
§ 465-17 Nonstructural project design
|
Development redevelopment
|
Exempt
|
Not exempt simplified approach
|
Not exempt
|
Exempt
|
Not exempt
|
Not exempt
|
|
§ 465-18 Infiltration volume requirements
|
Development redevelopment
|
Exempt
|
Not exempt simplified approach
|
Not exempt
|
Exempt
|
Exempt
|
Not exempt
|
|
§ 465-19 Water quality requirements
|
Development redevelopment
|
Exempt
|
Not exempt simplified approach
|
Not exempt
|
Modified2
|
Modified2
|
Not exempt
|
|
§ 465-20 Stream bank erosion requirements
|
Development redevelopment
|
Exempt
|
Exempt simplified approach
|
Not exempt
|
Exempt
|
Exempt
|
Not exempt
|
|
§ 465-21 Stormwater peak rate control and management districts
|
Development redevelopment
|
Exempt
|
Not exempt
|
Not exempt
|
Exempt
|
Not exempt
|
Not exempt
|
|
Erosion and sediment 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.
|
Not exempt
| |||||
|
Legend:
| |
|
•
|
"Regulated impervious surface" in Table 106.1 includes new,
additional, or replacement impervious surface/cover as part of development
or redevelopment.
|
|
•
|
Exempt - Exempt from required section provision only - SWM site
plan submission may still be required if other section provisions
are applicable.
|
|
•
|
Modified1 - Modified SWM site plan need only consist of items in § 465-26A(2) and (4); B(7), (8), (11), and (22); and D(1) and (3) and related supportive material needed to determine compliance with § 465-17 through 465-21. Modified SWM site plan is required that includes all elements of § 465-17, as applicable.
|
|
•
|
Modified2 - Modified SWM site plan need only consist of items and related material needed to determine compliance with § 465-24.
|
|
•
|
Simplified Approach - Must comply with provisions of Appendix
B of this chapter.
|
|
•
|
Redevelopment - See § 465-21I for alternate stormwater peak rate control criteria.
|
B.
Exemptions for specific activities.
(1)
Use of land for gardening or home consumption.
(2)
Agriculture when operated in accordance with a conservation plan,
nutrient management plan, or erosion and sedimentation control plan
approved by the County Conservation District, including activities
such as growing crops, rotating crops, tilling soil, and grazing animals.
For agriculture with an approved conservation plan, installation of
new or expansion of existing farmsteads, animal housing, waste storage,
and production areas having impervious surfaces that result in a net
increase in impervious surface of between 250 square feet to 749 square
feet shall apply the simplified approach, and net increases in impervious
surface of greater than or equal to 750 square feet shall be subject
to the provisions of this chapter.
(3)
High tunnel if:
(a)
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
(b)
The high tunnel meets one of the following:
[1]
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road, or neighboring property line.
[2]
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%.
[3]
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.
(4)
Forest management operations which are following the Department of Environmental Protection's (PADEP) management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry," are operating under an approved erosion and sedimentation plan and must comply with the stream buffer requirements in § 465-24.
(5)
Repaving without reconstruction.
(6)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety, and welfare. A written description
of the scope and extent of any emergency work performed shall be submitted
to the Upper Darby Township within two calendar days of the commencement
of the activity. If the Upper Darby Township finds that the work is
not an emergency, then the work shall cease immediately, until a stormwater
site plan in accordance with this chapter is submitted and approved
by the municipality.
(7)
Maintenance exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the municipal engineer or Upper Darby Township.
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this and other federal and state regulations
are 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 decision shall
not affect the validity of any of the remaining provisions of this
chapter.
A.
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.
B.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
C.
Nothing in this chapter shall be construed to affect any of the municipality'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.). Conflicting provisions
in other municipal ordinances or regulations shall be construed to
retain. The requirements of this chapter shall supersede any conflicting
requirements in other municipal ordinance or regulations.
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, or employee of the
municipality purporting to validate such a violation.
B.
Waivers or modifications of the requirements of this chapter may
be approved by the municipality 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 this 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 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.
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 Delaware County Conservation District.
