This Part 2 shall be known and cited as the "Tookany/Tacony-Frankford Watershed Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood-control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint-source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the commonwealth, their resources and the environment.
C. 
Stormwater is an important water resource which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
D. 
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 NPDES.
The purpose of this Part 2 is to promote the public health, safety and welfare within the Tookany/Tacony-Frankford Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 154-34 of this Part 2, through provisions designed to:
A. 
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 this commonwealth.
B. 
Preserve the natural drainage systems as much as possible.
C. 
Manage stormwater runoff close to its source.
D. 
Provide procedures and performance standards for watershed-wide stormwater planning and management.
E. 
Maintain groundwater recharge to prevent degradation of surface water and groundwater quality and to otherwise protect water resources.
F. 
Prevent scour and erosion of stream banks and streambeds.
G. 
Provide proper operation and maintenance of all permanent stormwater management (SWM) best management practices (BMPs) that are implemented within the municipality.
H. 
Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of:
A. 
Primary authority. The municipality is empowered to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Stormwater Management Act, and the Borough Code.
B. 
Secondary authority. The municipality also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this Part 2.
A. 
Exemptions for land use activities.
(1) 
Disconnected regulated activities (regulated activities that create disconnected impervious areas) smaller in area than 250 square feet are exempt from the peak rate control (§ 154-53) and drainage plan (§ 154-43) preparation requirements of this Part 2.
(2) 
Disconnected regulated activities (regulated activities that create disconnected impervious areas) equal to or greater than 250 square feet and less than 1,000 square feet are exempt only from the peak rate control (§ 154-53) requirement of this Part 2.
(3) 
Agricultural plowing and tilling are exempt from the rate control and drainage plan preparation requirements of this Part 2, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(4) 
Forest management and timber operations are exempt from the rate control and drainage plan preparation requirements of this Part 2, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
B. 
Infiltration exemptions.
(1) 
Depth to limiting zone. A minimum of two feet of soil suitable for infiltration must exist between the invert of the infiltrating SMP and the top of the nearest limiting zone. Otherwise, the Rev requirement shall not be applied to the development site, and the entire WQv must be treated.
(2) 
Hot spots. Stormwater hot spots: Below is a list of types of hot spots recognized by the municipality. If a site is a potential hot spot, it has important implications for how stormwater is managed. First and foremost, untreated stormwater runoff from hot spots concentrated into a collection system shall not be recharged into groundwater where it may contaminate water supplies. Therefore, the Rev requirement shall not be applied to development sites that fit in a hot spot (the entire WQv must still be treated). Second, a greater level of stormwater treatment shall be applied at hot spot sites to prevent pollutant washoff after construction. The Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) stormwater program requires some industrial sites to prepare and implement a stormwater pollution prevention plan.
(a) 
List of potential hot spots:
[1] 
Vehicle salvage yards and recycling facilities.
[2] 
Vehicle fueling stations.
[3] 
Vehicle service and maintenance facilities.
[4] 
Fleet storage areas (bus, truck, etc.).
[5] 
Industrial sites based on Standard Industrial Codes.
[6] 
Marinas (service and maintenance).
[7] 
Outdoor liquid container storage.
[8] 
Commercial/industrial facilities.
[9] 
Public works storage areas.
[10] 
Facilities that generate or store hazardous materials.
[11] 
Commercial container nursery.
(b) 
The following land uses and activities are not normally considered hot spots:
[1] 
Residential streets and rural highways.
[2] 
Residential development.
[3] 
Institutional development.
[4] 
Office developments.
[5] 
Nonindustrial rooftops.
[6] 
Pervious areas, except golf courses and nurseries [which may need an integrated pest management (IPM) plan].
[a] 
Hot spots.
(3) 
Rate of infiltration. When infiltration is not feasible due to poor infiltration rates, the water quality volume must be treated by an approved SMP.
C. 
Additional exemption criteria:
(1) 
Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety and property.
(2) 
Drainage problems. Where drainage problems exist downstream of the proposed activity, then the municipality may deny exemptions.
(3) 
Exemptions are limited to specific portions of this Part 2.
(4) 
HQ and EV streams. The municipalities may deny exemptions in high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA).
(5) 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
Approvals issued pursuant to this Part 2 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, including Title 25 Pa. Code Chapter 92, Sections 102 and 105.[1]
[1]
Editor's Note: Former 25 Pa. Code Ch. 92 was repealed effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this Part 2 is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this Part 2 invalid, such decision shall not affect the validity of any of the remaining provisions of this Part 2.
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.
A. 
If the municipality determines that any requirement under this Part 2 cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this Section, Subsections B and C.
B. 
Waivers or modifications of the requirements of this Part 2 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 the ordinance 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 the ordinance. 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 the ordinance 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 the Department of Environmental Protection (DEP) or the delegated county conservation district.