[Ord. 2023-01, 4/19/2023]
This chapter shall be known as the "Franklin Township Stormwater Management Ordinance."
[Ord. 2023-01, 4/19/2023]
1.
The governing body of the municipality 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 streamflows (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. 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 municipality 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 base flow 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 base flow, 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 municipality to implement a program of stormwater controls. The municipality 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.
Non-stormwater 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) 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.
[Ord. 2023-01, 4/19/2023]
1.
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 municipality:
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 base flows, 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 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 municipality.
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 Non-stormwater discharges.
P.
Provide stormwater management performance standards and design criteria on a 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.
S.
Implement the requirements of total maximum daily load (TMDLs) where applicable to waters within or impacted by the municipality.
T.
Provide review procedures and performance standards for stormwater planning and management.
U.
Fulfill the purpose and requirements of PA Act 167 (PA Act 167, Section 3):[1]
(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 waters 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.
[Ord. 2023-01, 4/19/2023]
1.
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:
[Ord. 2023-01, 4/19/2023]
1.
The following activities are regulated by this chapter:
A.
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 municipality shall be subject to regulation by this chapter.
B.
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.
C.
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective. The municipality'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 §§ 19-311, 19-312, 19-313, 19-314, 19-315, 19-316 and 19-317 of this chapter.
2.
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.
3.
Phased and Incremental Project Requirements.
A.
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 106.1 "Thresholds for Regulated Activities that are Exempt from the Provisions of this Chapter as Listed Below").
B.
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 (December 18, 2013, effective January 2, 2014) shall remain as the starting point.
(1)
For 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 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.
[Ord. 2023-01, 4/19/2023]
1.
Requirements for Exempt Activities.
A.
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.
B.
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.
C.
An exemption under this chapter shall not relieve the applicant from complying with all other applicable municipal ordinances or regulations.
2.
General Exemptions. Regulated activities that:
A.
Involve less than 1,000 square feet of regulated impervious surfaces and less than 5,000 square feet of earth disturbance; or
B.
Are listed in § 19-106, Subsection 3, are exempt from those (and only those) requirements of this chapter that are included in the parts and sections listed in Table 106.1. Exemptions are for the items noted in Table 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 106.1 Thresholds for Regulated Activities that are Exempt from the Provisions of this Chapter as Listed Below1 | ||||
|---|---|---|---|---|
Part/Section | < 1,000 sq. ft. of Regulated Impervious Surfaces and < 5,000 sq. ft. of Proposed Earth Disturbance | Regulated Impervious Surface between 1,000 sq. ft. and 2,000 sq. ft. and Proposed Earth Disturbance between 5,000 sq. ft. and 10,000 sq. ft.3 | >2,000 sq. ft. of Regulated Impervious Surfaces or >10,000 sq. ft. of Proposed Earth Disturbance | |
Part 1, General Provisions | Not exempt | Not exempt | Not exempt | Not exempt |
Part 2, Terminology | Not exempt | Not exempt | Not exempt | Not exempt |
Not exempt | Not exempt | Exempt with modified requirements | Not exempt | |
Exempt | Exempt | Exempt with modified requirements | Not exempt | |
Part 4, SWM Site Plan Requirements | Exempt | Exempt | Exempt with modified requirements | Not exempt |
Part 5, Performance and Inspection of Regulated Activities and Final As-Built Plans | Exempt | Exempt | Exempt with modified requirements | Not exempt |
Part 6, Fees and Expenses | Exempt | Exempt | Exempt with modified requirements | Not exempt |
Part 7, O&M Responsibilities and Easements | Exempt | Exempt | Exempt with modified requirements | Not exempt |
Part 8, Prohibitions | Not exempt | Not exempt | Not exempt | Not exempt |
Part 9, Enforcement and Penalties | Not exempt | Not exempt | Not exempt | Not exempt |
Other erosion, sediment and pollution control requirements | Must comply with 25 Pa. Code Chapter 102, and other applicable state and municipal codes, including the Clean Streams Law. | |||
NOTES: | |
1. | 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. |
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. | |
"Regulated impervious surface" as defined in this chapter. | |
2. | |
3. | See also Table 106.2. |
4. | § 19-301, General Requirements |
§ 19-302, Permit Requirements by Other Governmental Entities | |
§ 19-303, Erosion and Sediment Control | |
§ 19-304, Site Design Process | |
§ 19-305, Water Quality and Runoff Volume Requirements | |
§ 19-306, Infiltration Requirements | |
§ 19-307, Stream Channel Protection Requirements | |
§ 19-308, Stormwater Peak Rate Control Requirements | |
§ 19-309, Calculation Methodology | |
§ 19-310, Other Requirements | |
§ 19-311, Other Conveyance and System Design Standards | |
§ 19-312, Additional Standards for Detention Basins, Retention Basins, Wet Basins and Underground Basins | |
§ 19-313, Standards for Stormwater Collection and Conveyance Systems | |
§ 19-314, Standards for Grading | |
§ 19-315, Standards for Phasing | |
§ 19-316, Standards for Driveways | |
3.
Exemptions for Specific Activities. The following specific regulated activities are exempt from the requirements of §§ 19-301, 19-304, 19-305, 19-306, 19-307, 19-308, 19-309, and 19-310, and Parts 4, 5, 6, and 7 of this chapter (as shown in Table 106.1), unless otherwise noted below. All other conveyance and system design standards established by the municipality in other codes or ordinances shall be required, and all other provisions of this chapter shall apply.
A.
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 municipality 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 municipality 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.
B.
Maintenance. Any maintenance to an existing stormwater management facility, BMP or conveyance made in accordance with plans and specifications approved by the Municipal Engineer or municipality.
C.
Existing Landscaping. Use of land for maintenance, replacement, or enhancement of existing landscaping.
D.
Gardening. Use of land for gardening for home consumption.
E.
Agricultural Related Activities.
(2)
Conservation practices (as defined in Part 2) that do not involve construction of any new or expanded impervious surfaces.
(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%.
F.
Forest Management. Forest management operations which are consistent with a sound forest management plan as filed with the municipality 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 § 19-303 of this chapter.
G.
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 § 19-303 of this chapter and is exempt from all other requirements of this chapter listed in § 19-106, Subsection 3, 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 106.1.
H.
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.
I.
In-Place Replacement of Residential Dwelling Unit. The replacement in the exact footprint of an existing one- or two-family dwelling unit.
J.
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.
4.
Modified Requirements for Small Projects. Regulated activities that involve less than 2,000 square feet of regulated impervious surfaces and between 5,000 square feet and 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 §§ 19-301, 19-304, 19-305, 19-306, 19-307, 19-308, 19-309, and 19-310, and Parts 4, 5, 6 and 7 of this chapter (as shown in Table 106.2). The applicant shall first contact the Municipal Engineer to confirm that the proposed project is eligible for use of the simplified approach and is not otherwise exempt from this chapter's 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 106.2 Thresholds for Regulated Activities that are Eligible for Modified Requirements for the Provisions of this Chapter that are Listed Below | |
|---|---|
Part/Section | |
Part 1, General Provisions | All provisions apply |
Part 2, Terminology | All provisions apply |
All provisions apply | |
Part 4, SWM Site Plan Requirements | |
Part 5, Performance and Inspection of Regulated Activities and Final As-Built Plans | |
Part 6, Fees and Expenses | |
Part 7, O&M Responsibilities and Easements | |
Part 8, Prohibitions | All provisions apply |
Part 9, Enforcement 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 |
NOTE: | |
Modified requirements. Regulated activities listed within the sections of this chapter noted in Table 106.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of § 19-106, Subsections 4 and 5, are met to the satisfaction of the municipality; all other provisions of this chapter apply. | |
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
5.
Modified Requirements for Agricultural Structures. It is the declared policy of the commonwealth to conserve and protect and to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. Municipalities must encourage the continuity, development, and viability of agricultural operations within its jurisdiction. Except as necessary to protect the public health, safety and welfare, regulated activities involving proposed new or expanded impervious surfaces associated with agricultural activities are exempt from the requirements of §§ 19-301, 19-304, 19-305, 19-306, 19-307, 19-308, 19-309, and 19-310, and Parts 4, 5, 6 and 7 of this chapter (and listed in Table 106.2) only when it has been demonstrated to the satisfaction of the municipality that the proposed project will comply with all of the requirements listed below. All other provisions of this chapter shall apply. To be eligible for exemption from this chapter's provisions stated above, the proposed regulated activity shall:
B.
Include less than 15,000 square feet of proposed new or expanded impervious surface and adjoining vehicle parking and movement area;
C.
Be installed on a farm or mushroom operation that has a current mushroom farm environmental management plan (MFEMP) reviewed and deemed adequate by the Conservation District or an agricultural erosion and sediment control plan or conservation plan (as defined in Part 2) that complies with the requirements of 25 Pa. Code Chapter 102;
D.
Divert runoff from the proposed new or expanded impervious surfaces (including vehicle parking and movement area) entirely away from animal management, waste management and crop farming areas and any other source of pollutants;
E.
Include BMP(s) that will permanently retain at least one inch of rainfall runoff from the total area of proposed new or expanded impervious surfaces and vehicle parking and movement areas;
F.
Be designed so that any point of discharge of runoff from the proposed new or expanded impervious surface (excluding vehicle movement area):
(1)
Is not directly connected to, and is not directly connected to any constructed conveyance that is connected to, a municipal separate storm sewer system or public roadway;
(2)
Is located at least 150 feet from any municipal separate storm sewer system or public roadway or any constructed conveyance connected to any municipal separate storm sewer system or public roadway.
G.
Either:
(1)
Have all proposed new or expanded impervious surfaces and proposed vehicle parking and movement areas and BMP(s) included within the current MFEMP or current agricultural erosion and sediment control plan or a conservation plan for the farm or mushroom operation; or
(2)
Be constructed per design plans prepared and sealed by a licensed professional in conformance with the PADEP "Best Practices for Environmental Protection in the Mushroom Farm Community" (2003, or as amended), or per design plans prepared and sealed by a licensed professional (or Conservation District staff person designated by NRCS) that comply with USDA NRCS standards and specifications, and for which completion of construction will be certified by the licensed (or NRCS-designated) design professional responsible for the design; and
H.
Not be eligible for exemption if an NPDES permit is required.
[Ord. 2023-01, 4/19/2023]
Any ordinance or ordinance provision of the municipality inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistency only.
[Ord. 2023-01, 4/19/2023]
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 municipality that this chapter would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part thereof not been included herein.
[Ord. 2023-01, 4/19/2023]
1.
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.
2.
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.
3.
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.). The requirements of this chapter shall supersede any conflicting requirements in other municipal ordinances or regulations.
[Ord. 2023-01, 4/19/2023]
1.
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 municipality 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
[Ord. 2023-01, 4/19/2023]
1.
General. 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 municipality may approve measures other than those in this chapter, subject to Subsections 2 and 3, below.
2.
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 this chapter involved and the minimum modification necessary.
3.
PADEP 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.
[Ord. 2023-01, 4/19/2023]
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.