This Part 1 shall be known and may be cited as the "Neshaminy
Creek Watershed Stormwater Management Ordinance" (also known as "Neshaminy/Little
Neshaminy Stormwater Management Ordinance").
The governing body of the municipality finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
flood 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 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.
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 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.
C.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, is fundamental to the public health, safety, welfare, and
the protection of the people of the municipality and all the people
of the commonwealth, their resources, and the environment.
D.
Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F.
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).
The purpose of this Part 1 is to promote the public health, safety, and welfare within the Neshaminy Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 172-2 of this Part 1, 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.
Minimize increases in stormwater volume and control peak flows.
C.
Minimize impervious surfaces.
D.
Provide review procedures and performance standards for stormwater
planning and management.
E.
Preserve the natural drainage systems as much as possible.
F.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G.
Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality, and
to otherwise protect water resources.
H.
Preserve and restore the flood-carrying capacity of streams.
I.
Prevent scour and erosion of stream banks and streambeds.
J.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
K.
Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L.
Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The municipality is empowered to regulate land use activities
that affect runoff, surface water, and groundwater quality and quantity
by the authority of:
A.
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 1. Regulated activities include, but are not limited
to:
(1)
Land development;
(2)
Subdivisions;
(3)
Prohibited or polluted discharges;
(4)
Alteration of the natural hydrologic regime;
(5)
Construction or reconstruction of, or addition of new impervious
or semipervious surfaces (e.g., driveways, parking lots, roads, etc.),
except for reconstruction of roads where there is no increase in impervious
surface;
(6)
Construction of new buildings or additions to existing buildings;
(7)
Redevelopment;
(8)
Diversion piping or encroachments in any natural or man-made channel;
and
(9)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
B.
In general,
minor building additions, patio constructions and slight changes to
the land would not rise to the level which will require a full stormwater
management plan. Therefore, these minor projects will not be required
to provide detailed design plans. However, any project that concentrates
stormwater runoff to adjacent property or changes the rate of runoff
to adjacent property will need to meet the standards identified in
the balance of the Township's Act 167 ordinances. All projects will
be required to submit an accounting of any additional impervious cover
which has been added to the property since the adoption of this subsection.
The Township Engineer shall be consulted to make an assessment as
to the potential impacts of a project on the community and he/she
will have the ability to require measures and improvements to mitigate
any adverse impacts. These measure can be required either prior to
or subsequent to construction in order to address any unintended adverse
impacts as a result of increased stormwater runoff.
[Added 1-13-2015 by Ord.
No. 695]
A.
Regulated activities that create impervious surfaces smaller than or equal to 1,000 square feet do not have to apply the volume control requirements of this Part 1. Regulated activities of this size are exempt from the peak rate control requirements and the SWM site plan preparation located in Article IV of this Part 1. If the activity is found to be a significant contributor of pollution to the waters of this commonwealth, the municipality may enforce any of the above requirements.
B.
Regulated activities that create impervious surfaces greater than
1,000 square feet up to and including 5,000 square feet are exempt
only from the peak rate control requirements of this Part 1.
(Municipalities have the option to adopt a small project site
plan for small residential regulated activities creating impervious
surface greater than 1,000 square feet up to and including 5,000 square
feet. Refer to Appendix I[1] for an example of a small project SWM site plan. This
SWM site plan provides small residential regulated activities with
the opportunity to submit a plan without having to hire professional
services. A second, fee-in-lieu-of (FILO) option is also available
to municipalities meeting certain criteria. See Appendix J.[2])
Table 172-6
Impervious Surface Exemption Thresholds for the Neshaminy
Creek Watershed
| |||||
---|---|---|---|---|---|
Proposed Impervious Surface
| |||||
Part 1 Article or Section
|
Type of Project
|
0 to 1,000 square feet
|
>1,000 to 5,000 square feet
|
>5,000 square feet
| |
Article IV SWM site plan requirements
|
Development
|
Exempt
|
Not exempt
|
Not exempt
| |
§ 172-12 volume control requirements
|
Development
|
Not applicable
|
Not exempt
|
Not exempt
| |
§ 172-13 peak rate control requirements
|
Development
|
Exempt
|
Exempt
|
Not exempt
| |
Erosion and sediment pollution control requirements
|
Must comply with 25 Pa. Code Chapter 102 and any other applicable
state, county, and municipal codes
|
[1]
Editor's Note: Said appendix is on file in the Township offices.
The updated stormwater ordinances and appendixes can also be found
online at www.lowermoreland.org.
[2]
Editor's Note: Said appendix is on file in the Township offices.
The updated stormwater ordinances and appendixes can also be found
online at www.lowermoreland.org.
C.
Agricultural activity is exempt from the peak rate control requirements and SWM site plan preparation requirements of this Part 1, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
D.
Forest management and timber operations are exempt from the peak rate control requirements and SWM site plan preparation requirements of this Part 1, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
E.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Township is exempt.
F.
The use of land for gardening and/or landscaping for home consumption
is exempt from the requirements of this Part 1.
H.
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 are documented or known
to exist downstream of or is expected from the proposed activity,
the municipality may deny exemptions.
(3)
Exemptions are limited to specific portions of this Part 1.
(4)
HQ and EV streams. The municipality may deny exemptions in high quality
(HQ) or exceptional value (EV) waters and source-water protection
areas (SWPA).
Approvals issued pursuant to this Part 1 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.