This Part 2 shall be known and cited as the "Pennypack Creek Stormwater Management Ordinance."
The governing body of the municipality 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. 
Inadequate planning and management of stormwater runoff resulting from land development 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 increasing sedimentation), destroying aquatic habitat, and increasing 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 development, redevelopment, and activities causing accelerated erosion and loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and all of the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important resource by providing 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 using project designs that maintain the natural hydrologic regime and sustain high water quality, groundwater recharge, stream base flow, and aquatic ecosystems. The most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design that minimizes impervious surfaces and sprawl, avoids sensitive areas (i.e., stream buffers, floodplains, steep slopes), and considers 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 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).
H. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this Part 2 is to promote the public health, safety, and welfare within the Pennypack Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 172-41 of this Part 2, through provisions designed to:
A. 
Promote alternative project designs and layouts that minimize the impacts on surface and groundwater.
B. 
Promote stormwater best management practices (BMPs).
C. 
Minimize increases in runoff stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated stormwater runoff, erosion and sedimentation problems, and stormwater runoff impacts at their source by regulating activities that cause these problems.
F. 
Provide review procedures and performance standards for stormwater planning and management.
G. 
Utilize and preserve existing natural drainage systems as much as possible.
H. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
I. 
Focus on infiltration of stormwater to maintain groundwater recharge, prevent degradation of surface water and groundwater quality, and protect water resources.
J. 
Maintain existing base flows and quality of streams and watercourses.
K. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code §  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.
L. 
Address the quality and quantity of stormwater discharges from the development site.
M. 
Provide standards necessary to meet NPDES permit requirements.
N. 
Implement an illegal discharge detection and elimination program that addresses nonstormwater discharges into the municipality's separate storm sewer system.
O. 
Preserve the flood-carrying capacity of streams.
P. 
Prevent scour and erosion of stream banks and streambeds.
Q. 
Provide performance standards and design criteria based on watershed-wide stormwater management and planning.
R. 
Provide proper operation and maintenance of all stormwater management facilities and 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. 
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
First Class Township Code, 53 P.S. § 55101 et seq.
C. 
Stormwater Management Act, Act of October 4, 1978, P.L. 864, No. 167.[2]
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
A. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activities, are subject to regulation by this Part 2. This Part 2 shall apply to those portions of the municipality that lie within the Pennypack Creek Watershed, in accordance with the stormwater management districts established in § 172-62, and shall apply only to stormwater BMPs constructed as part of any of the regulated activities listed in this section. Regulated activities include the following:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction or reconstruction (See definition in § 172-49.) of or addition of new impervious or semipervious surfaces (e.g., driveways, parking lots, roads, decks, pools, patios, etc.).
(5) 
Construction of new buildings or additions to existing buildings.
(6) 
Redevelopment.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Stormwater BMPs or appurtenances thereto.
(9) 
Earth disturbance activities of equal to or greater than 5,000 square feet.
B. 
In the event of any conflict between the regulations and requirements set forth in this Part 2 and Chapter 180, Subdivision and Land Development, the more restrictive standard or the regulation imposing the higher standard shall be controlling. The standards and requirements set forth in this Part 2 and those similar standards and requirements set forth in Chapter 180, Subdivision and Land Development, are intended to be read together when determining compliance.
C. 
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. 
Table 172-45 summarizes the eligibility for exemptions from certain requirements in this Part 2. "Proposed new impervious surface" in Table 172-45 includes new, additional, or replacement impervious surface/cover. "Repaving" existing surfaces without reconstruction (See § 172-49.) does not constitute replacement.
Table 172-45
Impervious Surface and Earth Disturbance Exemption Thresholds for Lower Moreland Township
Proposed New Impervious Surface
Part 2 Article or Section
Type of Project
<1,000 square feet
1,000 to 5,000 square feet
>5,000 square feet
Article III SWM site plan requirements
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt*
Not exempt
Not exempt
§ 172-58 nonstructural project design
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 172-59 groundwater recharge
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 172-60 volume control requirements
Residential
Exempt
Not exempt
Not exempt
Nonresidential
Not exempt
Not exempt
Not exempt
§ 172-61 stream bank erosion requirements
Residential
Exempt
Exempt
Not exempt
Nonresidential
Exempt
Not exempt
Not exempt
Section § 172-62 peak rate control requirements
Residential
Exempt
Exempt
Not exempt
Nonresidential
Exempt
Not 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
NOTES:
Exempt - Exempt unless a determination is made by the Township that the project is subject to § 172-45E. A SWM site plan may still be required by other sections or provisions. Additionally, any residential project that generates less than 1,000 square feet of new impervious surfaces is exempt from the requirements of this Part 2 unless stormwater management facilities are deemed necessary by the Township Engineer.
Not exempt - Not exempt. All provisions apply.
Not exempt* - Modified SWM site plan required. Nonresidential projects with less than 1,000 square feet of new impervious surface, must submit a SWM site plan to the Township which need consist only of the items in § 172-50A(2) and (4), B(7), (8), (11), and (22), and D(1) and (3), and related supportive material needed to determine compliance with §§ 172-58 through 172-60.
B. 
Exemptions for land use activities.
(1) 
Agricultural plowing and tilling are exempt from the rate control and SWM site plan preparation requirements of this Part 2, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(2) 
Forest management and timber operations are exempt from the rate control and SWM site plan preparation requirements of this Part 2 provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3) 
For a development taking place in stages, the entire development plan must be used in determining compliance with these exemption criteria. The starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations are cumulatively considered shall be the date of the municipality's adoption of the original Pennypack Creek Watershed Stormwater Management Plan Ordinance.
C. 
Infiltration exemptions.
(1) 
Depth to limiting zone. A minimum of two feet of soil suitable for infiltration must exist between the invert of the infiltration BMP 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) 
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] 
Vehicle and equipment cleaning facilities.
[5] 
Fleet storage areas (bus, truck, etc.).
[6] 
Industrial sites based on Standard Industrial Codes.
[7] 
Marinas (service and maintenance).
[8] 
Outdoor liquid container storage.
[9] 
Commercial/industrial facilities.
[10] 
Public works storage areas.
[11] 
Facilities that generate, transfer, store, or dispose hazardous materials.
[12] 
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].
(3) 
Rate of infiltration. When infiltration is not feasible due to poor infiltration rates, the water quality volume must be treated by an approved BMP.
D. 
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, property, water quality, and the environment.
(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 municipality may deny exemptions in high quality (HQ) or exceptional value (EV) waters and source-water protection areas (SWPA).
(5) 
For a development taking place in stages, the entire development plan must be used in determining compliance with these exemption criteria. The starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations are cumulatively considered shall be the date of the municipal ordinance adoption of the original Pennypack Creek Watershed Stormwater Management Plan Ordinance.
E. 
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, safety, property 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 25 Pa. Code Chapters 92,[1] 102 and 105.
[1]
Editor's Note: Former 25 Pa. Code Ch. 92 was repealed effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
Notwithstanding any provision(s) of this Part 2, including exemptions, any landowner or any person engaged in the alteration or development of land that 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 that otherwise adequately protects health, safety, property, and water quality.