A.
This chapter shall be known and cited as the "Stormwater Management
Ordinance."
B.
It will implement the Requirements of the (1) Tookany/Tacony-Frankford
Watershed Stormwater Management Plan (PA Act 167), the Pennypack Creek
Watershed Stormwater Management Plan (PA Act 167), and the Wissahickon
Creek Watershed Stormwater Management Plan (PA Act 167).
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 carry, convey, control and manage
stormwater, undermines floodplain management and flood control/reduction
efforts in upstream and downstream communities, reduces groundwater
recharge, threatens public health and safety, and increases nonpoint
source pollution of water resources.
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
runoff and erosion and loss of natural infiltration, is fundamental
to the public health, safety, welfare, and the protection of the people
of Abington, 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 baseflow 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 baseflow, 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 chapter is to promote the public health,
safety, and welfare within the three watersheds of Abington Township
(Figure 1.03),[1] including the Pennypack Creek Watershed, the Tookany/Tacony-Frankford Watershed, and the Wissahickon Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 142-102 of this chapter, 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 stormwater runoff 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 watershed
wide 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 and groundwater quality, and protect
water resources.
J.
Maintain existing baseflows and quality of streams and watercourses.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pennsylvania Code Chapter 93.4.a requiring protection,
reclamation, and maintenance of "existing uses" and maintenance and
restoration of the level of water quality to support those uses in
all designated uses of the waters of the commonwealth, 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 (i.e. sanitary, illegal dumping)
into the Municipality's separate storm sewer system.
O.
Preserve and restore the flood-carrying capacity of streams.
P.
Prevent scour and erosion of streambanks and streambeds.
Q.
Provide procedures, 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.
S.
Preserve the natural drainage systems as much as possible.
T.
Prevent scour and erosion of streambanks and streambeds.
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
The Municipality is empowered to regulate land use and activities
that may affect runoff and surface 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 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
"Storm Water Management Act," and by the authority of P.S. § 55101
et seq., the First Class Township Code.
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 chapter.
B.
Regulated activities include the following:
(1)
Land development;
(2)
Subdivisions;
(3)
Alteration of the natural hydrologic regime;
(4)
Construction or reconstruction (see definition in § 142-202B)
of or addition of new impervious or semi-pervious 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)
Stormwater BMPs or appurtenances thereto;
(9)
Any of the above regulated activities which were approved more
than five years prior to the effective date of this chapter, never
constructed, and then subsequently resubmitted for municipal approval
or permits.
C.
This chapter shall apply to those portions of Abington Township (see
Figure 1.03)[1] that lie within:
(1)
Area P: The Pennypack Creek Watershed, in accordance with the Stormwater Management Districts established in § 142-409, and shall apply only to stormwater BMPs constructed as part of any of the regulated activities listed in this section.
(2)
Area T: The Tookany/Tacony-Frankford Creek Watershed, in accordance with the Stormwater Management Districts established in § 142-409, and shall apply only to stormwater BMPs constructed as part of any of the regulated activities listed in this section.
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
The Township requires stormwater management controls on all
regulated activities and all activities that may affect stormwater
runoff. All land development and earth disturbance activities are
subject to regulation by this chapter. The Township's minimum
stormwater management requirements including permit applications,
BMP sizing criteria and applicable fees can be found in Appendix I.[1] Specific exemptions for various components required by
this chapter can be found below:
A.
Area P.
(1)
Table 106.1P summarizes the eligibility for exemptions from certain requirements in this chapter. "Proposed Impervious Surface" in Table 106.1 includes new, additional, or replacement impervious surface/cover. "Repaving" existing surfaces without reconstruction (see § 142-202) does not constitute replacement.
|
Table 106.1P - Eligibility for Exemptions for
the Montgomery County Portions of the Watershed
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Proposed New Impervious Cover
| ||||||||
|
<1,000 sq. ft.
|
>1,000 to <5,000 sq.
ft.
|
>5,000 sq. ft.
| ||||||
|
Ordinance Article or Section
|
Type of Project
|
Earth Disturb- ance <5,000 sq. ft.
|
Earth Disturb-ance >5,000
sq. ft. to 1 acre
|
Earth Disturb-ance >1 acre
|
Earth Disturb-ance <5,000 sq. ft.
|
Earth Disturb-ance >5,000
sq. ft. to 1 acre
|
Earth Disturb-ance >1 acre
|
All Earth Disturb-ance Categories
|
|
Article III SWM Site Plan Requirements
|
Development and redevelopment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 142-404 Nonstructural project design
|
Development and redevelopment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 142-405 Groundwater recharge
|
Development and redevelopment
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
§ 142-406 Water volume control requirements
|
Development and redevelopment
|
Not exempt
See § 142-106
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
| |
|
§ 142-408 Stream bank erosion requirements
|
Development
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt*
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
Redevelop-ment
|
Exempt
|
Exempt
|
Exempt
| |||||
|
§ 142-409 Stormwater peak rate control and management districts
|
Development and redevelopment
|
Exempt
|
Not exempt*
|
Not exempt
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
Erosion and Sediment Pollution Control Plan
|
Earth disturbance
|
See earth disturbance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturb-ance require-ments
|
See earth disturbance require-ments
|
|
(Refer to municipal earth disturbance requirements,
as applicable)
| ||||||||
|
NOTES:
| ||
|---|---|---|
|
Exempt
|
-
|
Exempt unless a determination is made by the Municipality
that the project is subject to Section 106.C. SWM site plan may still
be required by other sections or provisions.
|
|
Not exempt
|
-
|
Not exempt. All provisions apply.
|
|
Not exempt*
|
-
|
Modified SWM site plan required, small project site
plan possible.
|
|
Sites with less than 1,000 square feet of new impervious surface, but between 5,000 square feet and one acre of earth disturbance must submit a SWM site plan to the Municipality which need consist only of the items in § 142-302.A(2) and § 142-302.B(10), (11), (14), and (25); and § 142-302.D(1) and (3), and related supportive material needed to determine compliance with §§ 142-404 through 142-409. The applicant can use the protocols in the small project SWM site plan if Municipality has adopted Subappendix A1.[2]
| ||
[2]
Editor's Note: Appendixes A through J are on file in
the Township offices.
(2)
Exemptions for land use activities.
|
[Note: Appendix A-1 contains guidance for preparation of small
project SWM site plans for small regulated activities that create
impervious surface areas of less than 5,000 square feet. This guidance
provides property owners who propose such small regulated activities
the opportunity to submit SWM site plans without having to hire qualified
persons.]
|
(a)
Hydraulically disconnected regulated activities (regulated activities that create disconnected impervious areas) smaller in area than 1,000 square feet are exempt from the SWM site plan (Article III) preparation requirements of this chapter, except when the associated earth disturbance area is equal to or greater than 5,000 square feet.
(b)
Hydraulically disconnected regulated activities (regulated activities that create disconnected impervious areas), having an area equal to or greater than 1,000 square feet and less than 5,000 square feet, and with an associated earth disturbance area of less than 5,000 square feet, are exempt only from the peak rate control (§ 142-409) requirements of this chapter in the case of new development, and are exempt from peak rate control (§ 142-409) and streambank erosion (§ 142-408) requirements in the case of redevelopment.
(c)
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter 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
rate control and SWM site plan preparation requirements of this chapter
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
(e)
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 Abington Township Stormwater Management Ordinance
(Ord. No. 2067) implementing the requirements of the Pennypack Creek
Watershed Stormwater Management Plan. [For example: If a property
owner proposes a three-hundred-square-foot shed after adoption of
the municipal stormwater management ordinance, that property owner
would be exempt from site plan and peak rate control requirements.
If, at a later date, the property owner proposes to construct a garage
and driveway adding an additional 1,100 square feet of impervious
surface, the applicant would be required to submit a modified SWM
site plan (or a small project SWM site plan per Appendix A-1 if the
Municipality has adopted it) demonstrating the stormwater control
requirements for the total impervious surface of 1,400 square feet.]
(3)
Infiltration exemptions.
(a)
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 recharge
volume (Rev) requirement shall not be applied
to the development site, and the entire water quality storage volume
(WQv) must be treated.
(b)
Hotspots.
[1]
Stormwater hotspots. Below is a list of types of hotspots recognized
by the Municipality. If a site is a potential hotspot, it has important
implications for how stormwater is managed. First and foremost, untreated
stormwater runoff from hotspots 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 hotspot (the entire
WQv must still be treated). Second, a greater
level of stormwater treatment shall be applied at hotspot sites to
prevent pollutant wash off 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.
[2]
List of potential hotspots:
[a]
Vehicle salvage yards and recycling facilities.
[b]
Vehicle fueling stations.
[c]
Vehicle service and maintenance facilities.
[d]
Vehicle and equipment cleaning facilities.
[e]
Fleet storage areas (bus, truck, etc.).
[f]
Industrial sites based on Standard Industrial Codes.
[g]
Marinas (service and maintenance).
[h]
Outdoor liquid container storage.
[i]
Commercial/industrial facilities.
[j]
Public works storage areas.
[k]
Facilities that generate, transfer, store, or dispose
hazardous materials.
[l]
Commercial container nursery.
[3]
The following land uses and activities are not normally considered
hotspots:
(c)
Rate of infiltration: When infiltration is not feasible due
to poor infiltration rates, the water quality volume must be treated
by an approved SMP.
(4)
Additional exemption criteria:
(a)
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.
(b)
Drainage problems. Where drainage problems exist downstream
of the proposed activity, whether or not in Abington Township, then
Abington Township may deny exemptions.
(c)
Exemptions are limited to specific portions of this chapter.
(d)
HQ and EV streams. The Municipality may deny exemptions in high
quality (HQ) or exceptional value (EV) waters and source water protection
areas (SWPA).
(e)
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 Abington Township Stormwater Management Ordinance
implementing the requirements of the Pennypack Creek Watershed Stormwater
Management Plan (Ordinance No. 2067). [For example: If a property
owner proposes a three-hundred-square-foot shed after adoption of
the municipal stormwater management ordinance, that property owner
would be exempt from site plan and peak rate control requirements.
If, at a later date, the property owner proposes to construct a garage
and driveway adding an additional 1,100 square feet of impervious
surface, the applicant would be required to submit a modified SWM
site plan (or a small project SWM site plan per Subappendix A-1 if
the Municipality has adopted it) demonstrating the stormwater control
requirements for the total impervious surface of 1,400 square feet.]
(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, safety, property or the environment.
B.
Area T.
(1)
Exemptions for land use activities.
(b)
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 (§ 142-409) requirement of this chapter.
(c)
Agricultural plowing and tilling are exempt from the rate control
and drainage plan preparation requirements of this chapter 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
rate control and drainage plan preparation requirements of this chapter
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
(2)
Infiltration exemptions.
(a)
Depth to limiting zone. A minimum of two feet of soil suitable
for infiltration must exist between the invert of the infiltrating
stormwater management practice (SMP) and the top of the nearest limiting
zone. Otherwise, the recharge volume (Rev)
requirement shall not be applied to the development site, and the
entire water quality storage volume (WQv) must
be treated.
(b)
Hotspots.
[1]
Stormwater hotspots. Below is a list of types of hotspots recognized
by the Municipality. If a site is a potential hotspot, it has important
implications for how stormwater is managed. First and foremost, untreated
stormwater runoff from hotspots 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 hotspot (the entire
WQv must still be treated). Second, a greater
level of stormwater treatment shall be applied at hotspot sites to
prevent pollutant wash off 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.
[2]
List of potential hotspots:
[a]
Vehicle salvage yards and recycling facilities.
[b]
Vehicle fueling stations.
[c]
Vehicle service and maintenance facilities.
[d]
Vehicle and equipment cleaning facilities.
[e]
Fleet storage areas (bus, truck, etc.).
[f]
Industrial sites based on Standard Industrial Codes.
[g]
Marinas (service and maintenance).
[h]
Outdoor liquid container storage.
[i]
Commercial/industrial facilities.
[j]
Public works storage areas.
[k]
Facilities that generate or store hazardous materials.
[l]
Commercial container nursery.
[3]
The following land uses and activities are not normally considered
hotspots:
(c)
Rate of infiltration. When infiltration is not feasible due
to poor infiltration rates, the water quality volume must be treated
by an approved SMP.
(3)
Additional exemption criteria:
(a)
Exemption responsibilities. An exemption shall not relieve the
applicant from implementing such measures as necessary to protect
public health, safety, and property.
(b)
Drainage problems. Where drainage problems exist downstream
of the proposed activity, then the Municipality may deny exemptions.
(c)
Exemptions are limited to specific portions of this chapter.
(d)
HQ and EV streams. The municipalities may deny exemptions in
high quality (HQ) or exceptional value (EV) waters and source water
protection areas (SWPA).
C.
Area W.
(1)
Table 106.1W summarizes the exemptions from certain requirements in this chapter. "Proposed Impervious Surface" in Tables 106.1W includes new, additional, or replacement impervious surface/cover. "Repaving" existing surfaces without reconstruction (see § 142-202) does not constitute replacement.
|
Table 106.1W - Exemptions for the Montgomery
County Portions of the Watershed
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Proposed New Impervious Cover
| ||||||||
|
<1,000 sq. ft.
|
>1,000 to <5,000 sq.
ft.
|
>5,000 sq. ft.
| ||||||
|
Article or Section
|
Type of Project
|
Earth Disturb-ance <5,000 sq. ft.
|
Earth Disturb-ance >5,000 sq. ft. to 1 acre
|
Earth Disturb-ance >1 acre
|
Earth Disturb-ance <5,000 sq. ft.
|
Earth Disturb-ance >5,000
sq. ft. to 1 acre
|
Earth Disturb-ance >1 acre
|
All Earth Disturb-ance Categories
|
|
Article III SWM site plan requirements
|
Development and redevelopment
|
Exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
|
§ 142-404 Nonstructural project design
|
Development and redevelopment
|
Exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
|
§ 142-405 Groundwater recharge
|
Development and redevelopment
|
Exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
|
§ 142-406 Water volume control requirements
|
Development and redevelopment
|
Not exempt
See § 142-106
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
|
§ 142-408 Stream bank erosion requirements
|
Development
|
Exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Redevelop-ment
|
Exempt
|
Exempt
|
Exempt
| |||||
|
§ 142-409 Stormwater peak rate control and management districts
|
Development and redevelopment
|
Exempt
|
Not exempt*
|
Not exempt
|
Exempt
|
Not exempt*
|
Not exempt
|
Not exempt
|
|
Erosion and sediment pollution control plan
|
Earth disturbance
|
See earth disturbance require-ments
|
See earth disturb-ance require-ments
|
See earth disturbance require-ments
|
See earth disturbance require-ments
|
See earth disturbance require-ments
|
See earth disturb-ance require-ments
|
See earth disturbance require-ments
|
|
(Refer to municipal earth disturbance requirements,
as applicable)
| ||||||||
|
NOTES:
| |
|---|---|
|
Exempt: Exempt unless a determination is made by the Municipality that the project is subject to § 142-106C.
| |
|
Not exempt: Not exempt. All provisions apply.
| |
|
*Not exempt, but if a municipality has adopted the
ordinance for the small project SWM site plan for residential development
in Appendix B, such a plan may be submitted in lieu of the SWM site
plan for residential development.
|
(2)
Exemptions for land use activities.
|
[Note: Appendix A[3] contains guidance for preparation of small project SWM
site plans. This guidance provides property owners who propose such
small regulated activities the opportunity to submit SWM site plans
without having to hire qualified persons.]
|
(a)
Disconnected regulated activities (regulated activities that create disconnected impervious areas) smaller in area than 1,000 square feet are exempt from the SWM site plan (Article III) preparation requirements of this chapter, except when the associated earth disturbance area is equal to or greater than 5,000 square feet.
(b)
Disconnected regulated activities (regulated activities that create disconnected impervious areas), having an area equal to or greater than 1,000 square feet and less than 5,000 square feet and with an associated earth disturbance area of less than 5,000 square feet, are exempt only from the peak rate control (§ 142-409) requirements of this chapter in the case of new development, and are exempt from peak rate control (§ 142-409) and streambank erosion (§ 142-408) requirements in the case of redevelopment.
(c)
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter 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
rate control and SWM site plan preparation requirements of this chapter
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
[3]
Editor's Note: Appendixes A through J are on file in
the Township offices.
(3)
Infiltration exemptions.
(a)
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.
(b)
Hotspots.
[1]
Stormwater hotspots. Below is a list of types of hotspots that
may be recognized by the Municipality. If a site is a potential hotspot,
it has important implications for how stormwater is managed. First
and foremost, untreated stormwater runoff from hotspots 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 lie within
a hotspot (the entire WQv must still be treated).
Second, a greater level of stormwater treatment shall be applied at
hotspot 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.
[2]
List of potential hotspots:
[a]
Vehicle salvage yards and recycling facilities.
[b]
Vehicle fueling stations.
[c]
Vehicle service and maintenance facilities.
[d]
Vehicle and equipment cleaning facilities.
[e]
Fleet storage areas (bus, truck, etc.)
[f]
Industrial sites based on Standard Industrial Codes.
[g]
Marinas (service and maintenance).
[h]
Outdoor liquid container storage.
[i]
Commercial/industrial facilities.
[j]
Public works storage areas.
[k]
Facilities that generate, transfer, store, or dispose
hazardous materials.
[l]
Commercial container nursery.
[3]
The following land uses and activities are not normally considered
hotspots:
(c)
Rate of infiltration: When infiltration is not feasible due
to poor infiltration rates or hotspot, the water quality volume must
be treated by an approved SMP.
(4)
Additional exemption criteria:
(a)
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.
(b)
Drainage problems. Where drainage problems exist downstream
of the proposed activity, then the Municipality may deny exemptions.
(c)
Exemptions are limited to specific portions of this chapter.
(d)
HQ and EV streams. The Municipality shall deny exemptions in
high quality (HQ) or exceptional value (EV) waters and source water
protection areas (SWPA).
(e)
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 Wissahickon Creek Watershed Stormwater Management
Plan, Ord. No. 2067. [For example: If a property owner proposes a
three-hundred-square-foot shed after adoption of the municipal stormwater
management ordinance, that property owner would be exempt from site
plan and peak rate control requirements. If, at a later date, the
property owner proposes to construct a garage and driveway adding
an additional 1,300 square feet of impervious surface, the applicant
would be required to submit a SWM site plan or small project SWM site
plan demonstrating the stormwater control requirements for the total
impervious surface of 1,600 square feet.]
(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, safety, property or the environment.
[1]
Editor's Note: Appendixes A through J are on file in
the Township offices.
Any other ordinances, provisions or regulations of the Municipality
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistencies only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Notwithstanding any provision(s) of this chapter, 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.
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.
