This chapter shall be known as the "Malvern Borough's Stormwater
Management Ordinance."
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 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 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 baseflow 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 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 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.
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) 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.
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 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 ground 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 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 nonstormwater 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 Pennsylvania's Storm
Water Management Act,[1] defined within:
"(1) Encourage planning and management of storm water 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 storm water runoff regimes and natural course, current and
cross-section of water of the Commonwealth; and to protect and conserve
ground waters and ground-water recharge areas.
(3) Encourage local administration and management of storm water
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."
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
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, 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.
The Pennsylvania Borough Code, 8 Pa.C.S.A. § 101 et seq.;
and
C.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code
(hereinafter referred to as the "MPC").
A.
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 municipality 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 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 § 311 of this chapter.
B.
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.
C.
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 106.1, Thresholds for
Regulated Activities That Are Exempt From the Provisions of This Chapter
as Listed Below).
(2)
May 20, 2014, shall be the starting point from which to consider
tracts as parent tracts relative to future subdivisions/improvements
plans, and from which impervious surface and earth disturbance computations
shall be cumulatively considered.
(a)
For example: If, after May 20, 2014, an applicant proposes construction
of a 300 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 1,200 square feet of additional
impervious surface added to the property since May 20, 2014.
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 Pennsylvania Department of Environmental Protection,
or its successor(s) department or agency (PA DEP), 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.
(2)
Are exempt from those (and only those) requirements of this
chapter that are included in the sections and articles 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 Below (see notes below)
| |||
|---|---|---|---|
|
Chapter Article/Section
|
Activities Listed in § 106C.
|
<400 sq. ft. of Regulated Impervious Surfaces
AND
<5,000 sq. ft. of Proposed Earth Disturbance
|
>400 sq. ft. of Regulated Impervious
Surfaces
OR
>5,000 sq. ft. of Proposed Earth Disturbance
|
|
Article I, General Provisions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article II, Definitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article III, §§ 302, 303, and 311 — SWM standards
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article III, §§ 301, 304, 305, 306, 307, 308, 309 and 310 — SWM standards
|
Exempt
|
Exempt
|
Not exempt
|
|
Article IV, SWM Site Plan Requirements
|
Exempt
|
Exempt
|
Not exempt
|
|
Article V, Performance, Inspection and As-Builts
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VI, Fees and Expenses
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VII, O&M and Easements
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VIII, Prohibitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article IX, Enforcement 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:
| |
|---|---|
|
a.
|
Specific activities listed in § 106C are exempt from
the indicated requirements, regardless of size.
|
|
b.
|
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.
|
|
c.
|
"Regulated impervious surface": as defined in this chapter.
|
|
d.
|
"Exempt": Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
These exemptions shall not apply to or impact the applicability of
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 §§ 301, 304, 305, 306, 307, 308, 309, and 310, and Article IV, Article V, Article VI and Article VII 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.
(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 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.
(2)
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.
(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:
(a)
Agricultural activities (as defined in Article II), when performed in accordance with the requirements of 25 Pa. Code Chapter 102.
(b)
Conservation practices (as defined in Article II) that do not involve construction of any new or expanded impervious surfaces.
(c)
High tunnel if:
[1]
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
[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 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 § 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 § 303
of this chapter and is exempt from all other requirements of this
chapter listed in § 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 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 400 to less than 1,000 square feet of regulated impervious
surfaces and less than 5,000 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 §§ 301, 304, 305, 306, 307, 308, 309, and 310, and Article IV, Article V, Article VI and Article VII 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 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 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
| |
|---|---|
|
Chapter Article/Section
|
Activities Listed in § 106D
|
|
Article I - General Provisions
|
All provisions apply
|
|
Article II - Definitions
|
All provisions apply
|
|
Article III, Sections 302, 303, and 311 - SWM Standards
|
All provisions apply
|
|
Article III, §§ 301, 304, 305, 306, 307, 308, 309 and 310 - SWM Standards
|
Exempt if modified requirements of § 106D are applied
|
|
Article IV - SWM Site Plan Requirements
|
Exempt if modified requirements of § 106D are applied
|
|
Article V - Performance, Inspection and As-Builts
|
Exempt if modified requirements of § 106D are applied
|
|
Article VI - Fees and Expenses
|
All provisions apply
|
|
Article VII - O&M and Easements
|
Modified provisions apply
|
|
Article VIII - Prohibitions
|
All provisions apply
|
|
Article IX - 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.[3]
|
|
Notes:
| |
|---|---|
|
a.
|
"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 § 106D
are met to the satisfaction of the municipality; all other provisions
of this chapter apply.
|
Chapter 177, Stormwater Management, of the Code of Ordinances of the Borough of Malvern, Pennsylvania, is hereby repealed and replaced by the provisions of this chapter. Any other 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.
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.
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 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.
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
A.
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 B 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 the 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 the 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.
PA DEP 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 PA DEP 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.
