This chapter shall be known as the "Upper Pottsgrove Township
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 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 development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and protection of the people of the municipality
and all of the people of the commonwealth, their resources, and the
environment.
D.
Stormwater can be an important water resource by providing groundwater
recharge forwater 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. The municipality is required to
obtain a permit and comply with its provisions for stormwater discharges
from its 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 chapter is to promote the public health, safety, and welfare within the municipality by maintaining the natural hydrologic regime and minimizing the impacts described in § 301-2 of this chapter through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface water and groundwater.
B.
Promote nonstructural best management practices (BMPs).
C.
Minimize increases in runoff stormwater volume.
D.
Minimize impervious surfaces.
E.
Manage accelerated stormwater runoff and 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,
to prevent degradation of surface water and groundwater quality, and
to otherwise protect water resources.
J.
Maintain existing base flows and quality of streams and watercourses,
where possible.
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 a mechanism to identify stormwater controls 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 for watershed-wide
stormwater management and planning.
R.
Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented in the municipality.
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.
This chapter shall apply to all areas of Upper Pottsgrove Township.
B.
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 301-6:
(1)
Land development.
(2)
Subdivisions.
(3)
Alteration of the natural hydrologic regime.
(4)
Construction or reconstruction of or addition of new impervious surfaces
(i.e., driveways, parking lots, roads, 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)
Nonstructural and structural stormwater management BMPs or appurtenances
thereto.
(9)
Earth disturbance activities (as defined herein).
(10)
Any of the above regulated activities that were approved more
than five years prior to the original effective date of this chapter
(August 20, 2007) and resubmitted for municipal approval.
(11)
Prohibited or polluted discharges.
(12)
Any other activities that may affect stormwater runoff.
C.
Table 301-5-1 summarizes the applicability requirements of the chapter.
"Proposed Impervious Surface" in Table 301-5-1 includes new, additional,
or replacement impervious surface/cover. Repaving existing surfaces
without reconstruction does not constitute "replacement."
|
TABLE 301-5-1
| |||||||
|---|---|---|---|---|---|---|---|
|
Ordinance Applicability
| |||||||
|
Ordinance Article or Section
|
Type of Project
|
Proposed Impervious Surface
|
Earth Disturbance
| ||||
|
0 to 1,000
square feet
|
1,001 to 5,000
square feet
|
5,001 square feet to 0.99 acre
|
1 acre or more
|
5,000 square feet to 0.99 acre
|
1 acre or more
| ||
|
Article III, Drainage Plan Requirements
|
Development
|
N/A
|
Simplified approach
|
Minor engineered plan
|
Yes
|
Minor engineered plan
|
Yes
|
|
Redevelopment
|
N/A
|
Simplified approach
|
Minor engineered plan
|
Yes
|
Minor engineered plan
|
Yes
| |
|
§ 301-43, Nonstructural project design
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 301-44, Groundwater recharge
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 301-45, Water quality requirements
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 301-46, Stream bank erosion requirements
|
Development
|
N/A
|
Exempt
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Exempt
|
Exempt
|
Yes
|
Exempt
|
Yes
| |
|
§ 301-47, Stormwater peak rate control and management districts
|
Development
|
N/A
|
Exempt
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Exempt
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
Erosion and sediment pollution control plan submission
to the Conservation District
|
Earth disturbance
|
See earth disturbance requirements
|
See earth disturbance requirements
|
See earth disturbance requirements
|
See earth disturbance requirements
|
Yes
|
Yes
|
|
(Refer to municipal earth disturbance requirements,
as applicable.)
| |||||||
|
Legend:
|
|---|
|
Yes = Drainage plan required with associated section
provision.
|
|
N/A = Not applicable - exempt from drainage plan submission.
|
|
Exempt = Exempt from required section provision - Drainage
plan submission may still be required if other section provisions
are applicable (yes in box).
|
|
Minor engineered plan: sites with a) between 1,001 square feet and 5,000 square feet of impervious surface and between 5,001 square feet and 0.99 acre of earth disturbance and b) less than 1,000 square feet of impervious surface and between 5,000 square feet and one acre of earth disturbance must submit a drainage plan to the municipality which need only consist of the items in § 301-31A(2) and (4), B(7), (8) and (11) and D(2) and (3) and related supportive material needed to determine compliance with §§ 301-43 through 301-47.
|
[1]
Editor's Note: Appendixes to this chapter are on file
in the Township offices.
A.
Exemptions for land use activities. 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 sedimentation control plan
approved by the Montgomery County Conservation District, including
activities such as growing crops, rotating crops, the tilling of soil,
and grazing animals.
(3)
Forest management operations that are following the Department of Environmental Protection's (DEP) management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved erosion and sedimentation plan and must comply with the stream buffer requirements in § 301-45G.
(4)
Road replacement, development, or redevelopment that has less than
1,000 square feet of new, additional, or replaced impervious surface/cover.
(5)
Earth disturbance of less than 5,000 square feet is exempt from this
chapter.
B.
Exemptions for land development activities.
(2)
These criteria shall apply to the total development even if the development
is to take place in phases. The original date of the municipal ordinance
adoption (August 20, 2007) shall be the starting point from which
to consider tracts as "parent tracts" upon which future subdivisions
and respective earth disturbance and impervious cover computations
shall be cumulatively considered.
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)
HQ and EV streams (as defined herein).[2] An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 301-43).
(3)
Drainage problems. An exemption shall not apply, as determined by
the municipality, if a drainage problem is documented or known to
exist downstream of or is expected from the proposed activity.
(4)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety, and welfare may be exempt. A
written description of the scope and extent of any emergency work
performed shall be submitted to Upper Pottsgrove Township within two
calendar days of the commencement of the activity. If Upper Pottsgrove
Township 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.
(5)
Maintenance exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Municipal Engineer or Upper Pottsgrove Township is
exempt.
(6)
An exemption from any requirement of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter and with all other applicable municipal ordinances
or regulations.
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
A.
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.
B.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
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. Conflicting provisions in other municipal
ordinances or regulations shall be construed to retain the requirements
of this chapter addressing state water quality requirements.
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, Upper Pottsgrove Township may approve measures other than those in this chapter, subject to Subsections B and C.
B.
Waiver procedures.
(1)
A request for a waiver(s) shall be in writing and accompany the SWM
site plan or Simplified Approach plan submission.
(2)
The waiver 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.
(3)
The Board of Commissioners 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
waiver or modification will not be contrary to the public interest
and that the purpose and intent of the chapter is observed.
(4)
Waiver or 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.
(5)
Cost or financial burden shall not be considered a hardship.
C.
PADEP approval required. For any proposed regulated activity involving
earth disturbance equal to or greater than one acre, Upper Pottsgrove
Township may approve measures for minimum volume and infiltration
control other than those required in this chapter only after consultation
with and evaluation by PADEP that the alternate site design meets
state water quality requirements and does not conflict with state
law, including, but not limited to, the Pennsylvania Clean Streams
Law, 35 P.S. § 691.1 et seq.
A.
Permits required.
(2)
It shall be unlawful for any person to disturb, modify, block, divert,
or affect the natural overland or subsurface flow of stormwater within
the municipality without first securing a stormwater/grading permit
from the municipality.
(3)
It shall be unlawful for any person to construct, erect or install
any dam, ditch, culvert, drain pipe, bridge or any other structure
or obstruction affecting the drainage of his or her property or any
other property without first securing a stormwater/grading permit.
B.
Application for grading permit.
(1)
Any person proposing to engage in activity requiring a grading permit hereunder shall apply by written application to the Township except as allowed for under § 301-11C(1).
(2)
The applicant should consult the Township Zoning Ordinance,[1] Comprehensive Plan, and Subdivision and Land Development
Ordinance,[2] which plan for and regulate the development of land within
the municipality. The applicant is encouraged to consult with surrounding
municipalities which can be affected by, or can affect, the proposed
land development.
(3)
A separate application and grading permit shall be required for each
site and shall authorize only those regulated activities specified
by the application and stormwater/grading permit.
(4)
All of the documents referred to in § 301-11C(2) and (3) hereof shall be submitted with each application.
(5)
A copy of the erosion and sediment control plan shall be submitted,
at the applicant's expense, to the Montgomery County Conservation
District for review and comment, when the proposed disturbed area
exceeds 0.7 acre.
C.
Data required for grading permit.
(1)
When a regulated activity is part of a subdivision and/or land development:
(a)
A separate application for and approval of a stormwater/grading
permit shall not be needed. Instead, the application for the subdivision
or land development plan approval shall include the review and approval
of all necessary stormwater management and erosion and sediment pollution
control measures and accompanying data as required by this chapter.
(b)
Procedures for submission, review, approval, expiration and
extension shall be per the Subdivision and Land Development Ordinance.
(c)
When the construction of improvements required by an approved
subdivision and/or land development plan are not completed under a
developer's agreement and financial security, a stormwater/grading
permit for the regulated activities that are part of that approval
will still be required prior to construction and prior to issuance
of any building permit.
(2)
When a regulated activity is not part of a subdivision and/or land development, and it is not exempt, but it does qualify for submittal under requirements for Simplified Approach per §§ 301-5 and 301-6, the following shall be submitted to the municipality office:
(3)
When a regulated activity is not part of a subdivision and/or land development, and it is not exempt and does not qualify for the simplified approach, but it does qualify for submittal under requirements for minor engineered plan, per §§ 301-5 and 301-6, the following shall be submitted to the municipality office:
(a)
A completed copy of the application;
(b)
Three copies of a stormwater management site plan and calculations
(nonstructural design and rate control only);
(c)
Three copies of an erosion and sediment control plan (approval
by MCCD required for disturbance that exceeds 0.7 acre);
(d)
Fees as established by municipality resolution;
(e)
A completed operations and maintenance agreement per Appendix
A; and
(f)
Financial security.
(4)
When a regulated activity is not part of a subdivision and/or land development, and it is not exempt, and it does not qualify for submittal under requirements for simplified approach or minor engineered plan per §§ 301-5 and 301-6, the following shall be submitted to the Municipality Secretary:
(a)
A completed copy of a grading permit application;
(b)
Fees as established by municipality resolution;
(c)
Three copies of an erosion and sediment control plan, including all information required by Article IV (approval from MCCD required);
(d)
Three copies of a stormwater management site plan, including all information required by Article IV;
(f)
Financial security; and
(g)
Funds for long-term maintenance and inspection requirements.
(5)
When the scope of a regulated activity is less than one acre of earth disturbance and the activity does not require subdivision and/or land development approval, at the discretion of the Municipal Engineer, simplified provisions may be established from those in Articles III and IV to show compliance with the requirements of this chapter.
(6)
Any submission that is found to be incomplete shall not be accepted
for review and shall be returned to the applicant within 10 regular
business days with a notification in writing of the specific manner
in which the submission is incomplete.
D.
Review and approval of permit.
(1)
The Township designated official or her/his delegated agent shall
issue all stormwater/grading permits in written form. The Township
designated official may request the assistance of any appointed Township
consultant.
(2)
Upon receipt of a complete permit submission, the Township designated
official or her/his delegated agent shall notify the applicant within
15 days (for a simplified approach or minor engineered plan) and within
30 business days (for all other submissions), whether the submittal
is consistent with the requirements of this chapter.
(3)
If the submittal is consistent, the Township designated official
or her/his delegated agent shall forward a letter to the applicant
with a copy to the Township stating compliance, and the stormwater/grading
permit will be issued.
(4)
If the submittal is inconsistent, the Township designated official
or her/his delegated agent shall forward a letter to the applicant
with a copy to the Township citing the reason(s) and specific section(s)
for inconsistency or noncompliance. Inconsistency or noncompliance
may include inadequate information to make a reasonable judgment as
to compliance.
E.
Expiration of permit.
(1)
Every permit shall expire by limitation and become null and void
if the work authorized by such permit has not been commenced within
six months or is not completed within one year from the date of issue.
(2)
The municipality designated official may, if the stormwater/grading
permit holder presents in writing satisfactory evidence that unusual
difficulties have prevented work being started or completed within
the specific time limits, grant a reasonable extension of time, provided
that the application for the extension of time is made before the
date of expiration of the permit.
F.
Regulations for permit holders and others.
(1)
The permit holder is responsible for any on-site or off-site property
damage or personal injury caused by his activity authorized by the
permit.
(2)
No person, company, or entity shall modify, fill, excavate, pave,
grade or regrade land in any manner as to endanger or damage public
or private property or to cause physical damage or personal injury.
All precautions will be taken to prevent any damage to adjoining streets,
sidewalks, buildings, structures, and other on-site or off-site property
which could be caused by settling, cracking, erosion or sediment.
(3)
No person, company, or entity shall fail to adequately maintain in
good operating order any drainage facility on his premises. All watercourses,
drainage ditches, culverts, drainpipes and drainage structures shall
be kept open and free flowing at all times.
(4)
No person, company, or entity shall deposit or place any debris or
other material in any watercourses, drainage ditch or structure in
such a manner as to obstruct free flow unless specifically intended
to reduce erosion and approved by the Montgomery County Conservation
District and proper permits from the Pennsylvania Department of Environmental
Protection, if required, are obtained.
(5)
The owner of any property on which any work has been done pursuant
to a permit granted under this chapter shall continually maintain
and repair all graded surfaces and anti-erosion devices such as drainage
structures, plantings, ground cover, etc.
(6)
Each permit holder shall advise transferees of property covered by
a permit in writing of the requirements of this section, prior to
entry of a binding agreement of sale for such property.
(7)
Information pertaining to stormwater management facilities shall
be included in the deed of any parcel being transferred.
(8)
All graded surfaces shall be seeded, sodded, planted or otherwise
protected from erosion within seven days of the initial ground breaking,
weather permitting, and shall be watered, tended, and maintained until
growth is well established.
(9)
Precautions shall be taken to prevent the unnecessary removal of
trees and provide for their protection by suitable tree wells, as
determined by the municipality designated official.
(10)
When required, adequate provisions shall be made for dust control
measures as determined by the municipality designated official.
(12)
Compaction test reports shall be kept on file at the site and
be subject to review at all times by the municipality designated official.
G.
Erroneous permit. 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.
