This chapter shall be known as the "Birmingham Township Stormwater
Management Ordinance."
The Board of Supervisors of Birmingham Township 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 stream
beds 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 PA Act 167 (PA Act 167, Section
3)[1]:
(1)
Encourage planning and management of stormwater 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 stormwater
runoff regimes and natural course, current and cross-section of water
of the commonwealth; and to protect and conserve ground waters and
groundwater recharge areas.
(3)
Encourage local administration and management of stormwater
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. § 680.3.
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 "Stormwater Management Act" (hereinafter
referred to as "the Act");
B.
Second Class Township Code, 53 P.S. § 65101 et seq.;
C.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247 hereinafter referred to as the "MPC").
A.
Notwithstanding anything to the contrary contained herein, the provisions of Article VIII, titled, "Prohibitions" shall apply to every person in the Township regardless if they are engaged in a regulated activity.
B.
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 land disturbance 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 be regulated by § 101-311 of this chapter, and applicable state regulations. Erosion and sediment control for any regulated activity shall be regulated by Chapter 53, Erosion and Sediment Control, of the Birmingham Township Code adopted by the Board of Supervisors.
C.
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.
D.
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 101-106.1 "Thresholds
for regulated activities that are Exempt from the Provisions of this
chapter as Listed Below").
(2)
January 1, 2014, shall be the starting point from which to consider
tracts as parent tracts relative to future subdivisions, and from
which impervious surface and earth disturbance computations shall
be cumulatively considered.
(3)
For example:
|
If, after January 1, 2014, an applicant proposes construction
of a 600 square foot garage, that project would be exempt from the
requirements of this chapter as noted in Table 101-106.1. 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 1,500 square feet of additional
impervious surface added to the property since adoption of this chapter.
|
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 PADEP 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.
(1)
Regulated activities that are located on properties in the Chester
Creek Watershed (as shown on the map in Appendix F), and involve less
than 500 square feet of proposed impervious surfaces and less than
2,700 square feet of earth disturbance; or
(2)
Regulated activities that are located in the remainder of the
Township, and involve less than 1,000 square feet of proposed impervious
surfaces and less than 2,700 square feet of earth disturbance; or
(3)
Are listed in § 101-106C, are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 101-106.1. Exemptions are for the items noted in Table 101-106.1 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 101-106.1
Thresholds for Regulated Activities that are Exempt from the
Provisions as Listed Below (see Notes below)
| |||
|---|---|---|---|
|
Article/Section
|
Activities Listed in § 101-106C
|
<1,000 square feet of Regulated impervious surfaces and <2,700
square feet of Proposed Earth Disturbance (<500 square feet of
Proposed Impervious Surfaces and <2,700 square feet of Proposed
Earth Disturbance in the Chester Creek watershed)
|
>1,000 square feet of Regulated Impervious
Surfaces OR >2,700 square feet of Proposed
Earth Disturbance
|
|
Article I
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
|
Article II
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
|
Not Exempt
|
Not Exempt
|
Not Exempt
| |
|
Exempt
|
Exempt
|
Not Exempt
| |
|
Article IV
|
Exempt
|
Exempt
|
Not Exempt
|
|
Article V
|
Exempt
|
Exempt
|
Not Exempt
|
|
Article VI
|
Exempt
|
Exempt
|
Not Exempt
|
|
Article VII
|
Exempt
|
Exempt
|
Not Exempt
|
|
Article VIII
|
Not Exempt
|
Not Exempt
|
Not Exempt
|
|
Article IX
|
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
| ||
|
Table 101-106.1 Notes:
| |
|
•
|
Specific activities listed in § 101-106C are exempt from the indicated requirements, regardless of size.
|
|
•
|
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.
|
|
•
|
"Regulated impervious surface" - as defined in this chapter.
|
|
•
|
"Exempt" - Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
These exemptions have no bearing on other municipal regulations or
ordinances.
|
C.
Exemptions for specific activities. The following specific regulated activities are exempt from the requirements of §§ 101-301, 101-304, 101-305, 101-306, 101-307, 101-308, 101-309, and 101-310, and Articles IV, V, VI and VII) of this chapter (as shown in Table 101-106.1), 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 § 101-303 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 § 101-303 of this chapter, and is exempt from all other requirements of this chapter listed in § 101-106C 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 101-106.1.
(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,
driveways, garages, sheds, 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 between 1,000 and 2,000 square feet of regulated impervious surfaces and between 2,700 to 5,000 square feet of earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (Simplified Approach) (Appendix A) to comply with the requirements of §§ 101-301, 101-304, 101-305, 101-306, 101-307, 101-308, 101-309, and 101-310, and Articles IV, V, VI and VII of this chapter (as shown in Table 101-106.2). 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 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.[1]
|
Table 101-106.2
Thresholds for Regulated Activities that are Eligible for "Modified"
Requirements for the Provisions Listed Below
| |
|---|---|
|
Article/Section
|
Activities Listed in § 101-106D
|
|
Article I
|
All provisions apply
|
|
Article II
|
All provisions apply
|
|
All provisions apply
| |
|
Exempt if modified requirements of § 106D and E are
applied
| |
|
Article IV
|
Exempt if modified requirements of § 106D and E are
applied
|
|
Article V
|
Exempt if modified requirements of § 106D and E are
applied
|
|
Article VI
|
Exempt if modified requirements of § 106D and E are
applied
|
|
Article VII
|
Exempt if modified requirements of § 106D and E are
applied
|
|
Article VIII
|
All provisions apply
|
|
Article IX
|
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
|
|
Table 101-106.2 Notes:
| |
|
•
|
"Modified requirements" - Regulated activities listed within the sections of this chapter noted in Table 101-106.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of § 101-106D and E are met to the satisfaction of the municipality; all other provisions of this chapter apply.
|
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
Modified requirements for agricultural structures. It is the declared policy of the commonwealth to conserve and protect and to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. Municipalities must encourage the continuity, development, and viability of agricultural operations within its jurisdiction. Except as necessary to protect the public health, safety and welfare, regulated activities involving proposed new or expanded impervious surfaces associated with Agricultural Activities are exempt from the requirements of §§ 101-301, 101-304, 101-305, 101-306, 101-307, 101-308, 101-309, and 101-310, and Articles IV, V, VI and VII of this chapter (and listed in Table 101-106.2) only when it has been demonstrated to the satisfaction of the municipality that the proposed project will comply with all of the requirements listed below. All other provisions of this chapter shall apply. To be eligible for exemption from the provisions stated above, the proposed regulated activity shall:
(2)
Include less than 15,000 square feet of proposed new or expanded
impervious surface (excluding adjoining vehicle parking and movement
areas and adjoining vehicle parking and movement area);
(3)
Be installed on a farm or mushroom operation that has a current mushroom farm environmental management plan (MFEMP) reviewed and deemed adequate by the Conservation District, or an agricultural erosion and sediment control plan or conservation plan (as defined in Article II) that complies with the requirements of 25 Pa. Code 102;
(4)
Divert runoff from the proposed new or expanded impervious surfaces
(including vehicle parking and movement area) entirely away from animal
management, waste management and crop farming areas and any other
source of pollutants;
(5)
Include BMP(s) that will permanently retain at least one inch
of rainfall runoff from the total area of proposed new or expanded
impervious surfaces and vehicle parking and movement areas;
(6)
Be designed so that any point of discharge of runoff from the
proposed new or expanded impervious surface (excluding vehicle movement
area):
(a)
Is not directly connected to, and is not directly connected
to any constructed conveyance that is connected to, a municipal separate
storm sewer system or public roadway;
(b)
Is located at least 150 feet from any municipal separate storm
sewer system or public roadway, or any constructed conveyance connected
to any municipal separate storm sewer system or public roadway.
(7)
Either:
(a)
Have all proposed new or expanded Impervious surfaces and proposed
vehicle parking and movement areas and BMP(s) included within the
current MFEMP or current agricultural erosion and sediment control
plan or a conservation plan for the farm or mushroom operation; or
(b)
Be constructed per design plans prepared and sealed by a licensed
professional in conformance with the PADEP "Best Practices for Environmental
Protection in the Mushroom Farm Community" (2003 or as amended), or
per design plans prepared and sealed by a licensed professional (or
Conservation District staff person designated by NRCS) that comply
with USDA NRCS standards and specifications, and for which completion
of construction will be certified by the licensed (or NRCS-designated
design) professional responsible for the design; and
(8)
Not be eligible for exemption if an NPDES permit is required.
The Birmingham Township Stormwater Management Ordinance that was adopted by the Board of Supervisors on December 4, 2013, effective January 1, 2014, as Ordinance No. 13-01, as amended, which is codified in Chapter 101 of the Birmingham Township Code, is hereby repealed in its entirety and replaced with 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.
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 § 101-110B and C.
B.
The Board of Supervisors 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 this 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
this 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 this chapter involved and the minimum modification necessary.
C.
PADEP 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 PADEP 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. No action may be taken by a board, agency, or employee
of the municipality purporting to validate such a violation.
