This Ordinance shall be known as the "Nether Providence Township
Amended and Restated Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff 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 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 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, and 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 Ordinance 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 water 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 water 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 Pa. 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 water and groundwater quality
and quantity by the authority of:
A. Act of October 4, 1978, P.L. 864 (Act 167) 32 P.S. § 680.1
et seq., as amended, the "Storm Water Management Act" (hereinafter
referred to as "the Act");
B. Township Code, 8 Pa.C.S.A § 101 et seq.;
C. Act of July 31, 1968, P.L. 805, No. 247, Pennsylvania Municipalities
Planning Code, Act 247, as amended.
An exemption shall not relieve the applicant from implementing
the requirements of this 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 281-21 and require the applicant to comply with all
requirements of this Ordinance. Even though the applicant is exempt,
he is not relieved from complying with other municipal ordinances
or regulations.
A. General exemptions.
(1) Table 281-21 summarizes the exemptions from certain provisions of
this Ordinance. Exemptions are for the items noted in Table 281-21
only, and shall not relieve the applicant from other applicable sections
of this Ordinance.
(2) Any regulated activity that is exempt from some provisions of this
Ordinance is exempt only from those provisions. If development is
to take place in phases, the developer is responsible for implementing
the requirements of this Ordinance as the impervious cover/earth disturbance
threshold is met. The date of this Ordinance's 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,
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 281-21 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 Ordinance
for the total 1,349 square feet of additional impervious surface added
to the original property since adoption of the municipal ordinance.
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 500 and 999 square feet
shall apply the simplified approach, and net increases in impervious
surface of greater than or equal to 1,000 square feet shall be subject
to the provisions of this Ordinance.
(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 §
281-39.
(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 municipality within two calendar days of the commencement of
the activity. If the municipality finds that the work is not an emergency,
then the work shall cease immediately, until a stormwater site plan
in accordance with this Ordinance 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 municipality.
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this and other federal and state regulations
is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this Ordinance be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
Ordinance.
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.