[Ord. 429, 11/7/2006; as amended by Ord. 463, 4/7/2015]
1. 
The Borough Council of the Borough of Yardley 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 groundwater recharge and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety, welfare and the protection of the people of the Borough and all the people of the Commonwealth, their resources and the environment.
C. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime and sustain high water quality, groundwater recharge, stream baseflow and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes) and designing to topography and soils to maintain the natural hydrologic regime.
D. 
Inadequate planning and management of stormwater runoff resulting from land development and redevelopment 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.
E. 
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
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 municipal separate storm sewer systems (MS4) under the National Pollutant Discharge Elimination System (NPDES).
H. 
Nonstormwater discharges to Borough separate storm sewer systems can contribute to pollution of waters of the Commonwealth by the Borough.
[Ord. 429, 11/7/2006; as amended by Ord. 463, 4/7/2015]
1. 
The purpose of this Chapter is to promote health, safety and welfare within the Delaware River South Watershed by minimizing the harms and maximizing the benefits described in §23-101 of this Chapter through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface and ground water.
B. 
Promote nonstructural best management practices.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing flows and quality of streams and watercourses in the Borough and the Commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Borough.
L. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
M. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
N. 
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
O. 
Meet legal water quality requirements under State law, including regulations at 25 Pa.Code Chapter 93.4.a requiring protection and maintenance of “existing uses” and maintenance of the level of water quality to support those uses in all streams, and the protection and maintenance of water quality in “special protection” streams.
P. 
Provide a mechanism to identify stormwater controls necessary to meet NPDES MS4 permit requirements.
Q. 
Implement an illegal discharge detection and elimination program that addresses nonstormwater discharges into the Borough’s separate storm sewer system.
R. 
Prevent scour and erosion of streambanks and streambeds.
[Ord. 429, 11/7/2006]
1. 
The Borough is empowered to regulate land use activities that affect runoff, surface and groundwater quality and quantity by the authority of:
A. 
Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167) §680.1 et seq., as amended, the “Storm Water Management Act” (hereinafter referred to as “the Act”).
B. 
Water Resources Management Act of 2002, 27 Pa.C.S.A. §3101 et seq., as amended.
C. 
Borough Code 53 P.S. §46201 et seq., as amended.
D. 
Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., as amended.
[Ord. 429, 11/7/2006]
1. 
This Chapter shall apply to all areas of the Borough. A map of the Delaware River South Watershed can be found in Appendix 23-D of this Chapter and is hereby adopted as part of it.
2. 
This Chapter applies to any regulated earth disturbance activities within the Borough, and all stormwater runoff entering into the Borough’s separate storm sewer system from lands within the boundaries of the Borough discharging into the Delaware River South Watershed.
3. 
This Chapter shall apply to permanent best management practices (BMPs) and/or stormwater management facilities constructed as part of any of the regulated activities listed in this Section.
4. 
This Chapter contains the stormwater management performance standards and design criteria that are necessary or desirable 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 Borough ordinances or at the Borough Engineer’s discretion.
5. 
The following activities are defined as “regulated activities” and shall be regulated by this Chapter unless exempted by §23-105:
A. 
Land development.
B. 
Subdivisions.
C. 
Alteration of the natural hydrologic regime.
D. 
Construction or reconstruction of, or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.), except for the reconstruction of roads.
E. 
Construction of new buildings or additions to existing buildings.
F. 
Redevelopment.
G. 
Diversion piping or encroachment in any natural or man-made channel.
H. 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
I. 
Earth disturbance greater than 5,000 square feet.[1]
[1]
Editor’s Note: This Chapter applies to any earth disturbance activity greater than or equal to 5,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities less than one acre that are associated with redevelopment projects are exempt from the §23-407, “Streambank Erosion Requirements.” Earth disturbance activities and associated stormwater management controls are also regulated under existing State law and implementing regulations. This Chapter shall operate in coordination with those parallel requirements; the requirements of this Chapter shall be no less restrictive in meeting the purposes of this Chapter than State law.
J. 
Any of the above regulated activities which were approved more than five years prior to the effective date of this Chapter and resubmitted for Borough approval.
6. 
Earth disturbance activities and associated stormwater management controls are also regulated under existing State law and implementing regulations. This Chapter shall operate in coordination with those parallel requirements; the requirements of this Chapter shall be no less restrictive in meeting the purposes of this Chapter than State law.
[Ord. 429, 11/7/2006]
1. 
Regulated Activities.
A. 
Any regulated activity that meets the exception criteria in the following table is exempt from the provisions of this Section of the Chapter. This criterion shall apply to the total development even if development is to take place in phases. The date of the Borough ordinance adoption shall be the starting point from which to consider tracts as “parent tracts” in which future subdivisions and respective impervious area computations shall be cumulatively considered. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety and property. This exemption shall not relieve the applicant from meeting the requirements for water quality (§23-305), groundwater recharge (§23-306), and streambank erosion (§23-307).
Table 23-105.1
Stormwater Management Exemption Criteria
Total Parcel Size
Impervious Area Exemption (square feet)
≤ ¼ acre
1,200 square feet
> ¼ to 1 acre
2,500 square feet
> 1 acre
5,000 square feet
B. 
Exemptions shall be at the discretion of the Borough upon review of site conditions, topography, soils and other factors as deemed appropriate.
2. 
General Stormwater Quantity Control Exemptions.
A. 
The following land development and earth moving activities are exempt from the requirements of this Chapter.
(1) 
A maximum of 5,000 square feet of new, additional or replacement proposed impervious surface. Or in the case of earth disturbance resulting in less than 5,000 square feet of impervious cover (as noted above in Table 23-105.1).
(2) 
Earth disturbance activities up to a maximum of 5,000 square feet.
B. 
This criterion shall apply to the total development even if the development is to take place in phases. The date of the Borough ordinance adoption shall be the starting point from which to consider tracts as “parent tracts” in which future subdivisions and respective earth disturbance computations shall be cumulatively considered. Imperious areas existing on the “parent tract” prior to adoption of this Chapter shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from managing stormwater on site by implementing such measures as necessary to protect health, safety and property. Those projects that propose less than 5,000 square feet of impervious area and are not regulated by this Chapter in accordance with Table 23-105.1 must still implement stormwater management measures to protect health, safety and property.
C. 
The activities exempted above are still encouraged to implement voluntary stormwater management practices as indicated in Appendix 23-E.
3. 
General Exemptions.
A. 
The following land use activities are exempt from the drainage plan submission requirements of this Chapter.
(1) 
Use of land for gardening for home consumption.
(2) 
Agriculture when operated in accordance with a conservation plan, nutrient management plan or erosion and sediment control plan approved by the County Conservation District, including activities such as growing crops, rotating crops, tilling of soil and grazing animals. 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 earth disturbance of greater that 5,000 square feet shall be subject to the provisions of this Chapter.
(3) 
Forest management operations which are following the Department of Environmental Protection’s management practices contained in its publication “Soil Erosion and Sedimentation Control Guidelines for Forestry” and are operating under an approved E&S Plan.
(4) 
Development, or redevelopment that has less than 5,000 square feet of new/additional/replaced impervious surface cover or in the case of earth disturbance only, less than 5,000 square feet of disturbance is exempt from this Chapter.
(5) 
Road replacement or repair.
B. 
This criterion shall apply to the total development even if the development is to take place in phases. The date of the Borough ordinance adoption shall be the starting point from which to consider tracts as “parent tracts” in which future subdivisions and respective earth disturbance computations shall be cumulatively considered.
4. 
Additional Exemption Criteria.
A. 
Exemption Responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety and property.
B. 
Drainage Problems. If a drainage problem is documented or known to exist downstream of, or expected from the proposed activity, then the Borough may require the applicant to comply with this Chapter.
C. 
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 Yardley Borough within two calendar days of the commencement of the activity. If Yardley Borough finds that the work is not an emergency, then the work shall cease immediately and the requirement of this Chapter shall be addressed as applicable.
D. 
Maintenance Exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Borough Engineer or Yardley Borough is exempt. However, a record of those maintenance tasks, including a date work was completed and a description of the work done must be submitted to the Borough for recordkeeping once complete.
5. 
Even though a developer is exempt from these requirements, they are not relieved from complying with other regulations. Exemptions shall not relieve the applicant from meeting the requirements for water quality (§23-305), groundwater recharge (§23-306), and streambank erosion (§23-307).
[Ord. 429, 11/7/2006]
1. 
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.
2. 
Nothing in this Chapter shall be construed to affect any of the Borough’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 addressing State water quality requirements.