This chapter shall be known as the "Boyertown 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 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 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 can be an important water 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 municipality by maintaining the natural hydrologic regime and minimizing the impacts described in § 165-2 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 and groundwater quality, and to otherwise protect water resources.
J. 
Maintain existing baseflows and quality of streams and watercourses, where possible.
K. 
Meet legal water quality requirements under state law, including regulations at 25 Pennsylvania Code Chapter 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 stream beds.
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 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 "Storm Water Management Act" (hereinafter referred to as "the Act");
B. 
Water Resources Management Act of 2002, as amended;
C. 
First Class Township Code, 53 P.S. § 55101 et seq., Second Class Township Code, 53 P.S. § 66501 et seq. and § 66601 et seq., and the Borough Code, 53 P.S. § 46201 et seq.[1];
[1]
Editor's Note: Pursuant to Act 37 of 2014, the Borough Code was repealed and its provisions were moved to Part I of Title 8. See now 53 P.S. § 1201.
D. 
Pennsylvania Municipalities Planning Code, Act 247, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This chapter shall apply to all areas of the municipality within the Swamp Creek Watershed.
B. 
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinances and applicable state regulations.
C. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 165-6:
(1) 
Land development;
(2) 
Subdivisions;
(3) 
Alteration of the natural hydrologic regime;
(4) 
Construction or reconstruction of or addition of new impervious or semipervious 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 of greater than 5,000 square feet (NOTE: This chapter applies to any earth disturbance activity greater than or equal to 5,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities of less than one acre that are associated with redevelopment projects are exempt from the § 165-22 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.);
(10) 
Any of the above-regulated activities that were approved more than five years prior to the effective date of this chapter and resubmitted for municipal approval;
(11) 
Prohibited or polluted discharges;
(12) 
Any other activities that may affect stormwater runoff.
D. 
Table 165-5.1 summarizes the applicability requirements of this chapter. "Proposed impervious surface" in Table 165-5.1 includes new, additional, or replacement impervious surface/cover. Repaving existing surfaces without reconstruction does not constitute "replacement."
Table 165-5.1
Chapter Applicability
Chapter Article or Section
Type of Project
Proposed Impervious Surface
Earth Disturbance
0-1,000 sq. ft.
1,000-5,000 sq. ft.
5,000 sq. ft. - 1 acres
> 1 acre
5,000 sq. ft. - 1 acre
> 1 acre
Article III, Drainage Plan Requirements
Development
N/A
Modified
Yes
Yes
Modified
Yes
Redevelopment
N/A
Modified
Yes
Yes
Modified
Yes
§ 165-19, Nonstructural project design
Development
N/A
Yes
Yes
Yes
Yes
Yes
Redevelopment
N/A
Yes
Yes
Yes
Yes
Yes
§ 165-20, Groundwater recharge
Development
N/A
Yes
Yes
Yes
N/A
Yes
Redevelopment
N/A
Yes
Yes
Yes
N/A
Yes
§ 165-21, Water quality requirements
Development
Yes
Yes
Yes
Yes
Yes
Yes
Redevelopment
Yes
Yes
Yes
Yes
Yes
Yes
§ 165-22, Stream bank erosion requirements
Development
N/A
Exempt
Yes
Yes
N/A
Yes
Redevelopment
N/A
Exempt
Exempt
Yes
N/A
Yes
§ 165-23, 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
NOTES:
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).
Modified - Modified drainage plan required.
—
Sites with less than 1,000 square feet of impervious surface, but 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 § 165-11A(2) and (4); B(7), (11) and (22), and D(1) and (3) and related supportive material needed to determine compliance with §§ 165-19 and 165-23.
—
Sites with more than 1,000 square feet, but less than 5,000 square feet of impervious surface must submit a drainage plan; however, it need not consist of the items in §§ 165-22 and 165-23.
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 County Conservation District, including activities such as growing crops, rotating crops, tilling of soil, and grazing animals. Installation of new or expansion of existing farmsteads, animal housing, waste storage, and production areas having impervious surfaces that result in a net increase in earth disturbance of greater than 5,000 square feet shall be subject to the provisions of this chapter.
(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 § 165-21G.
(4) 
Road replacement, development, or redevelopment that has less than 1,000 square feet of new, additional, or replaced impervious surface/cover, or in the case of earth disturbance only, less than 5,000 square feet of disturbance, is exempt from this chapter.
B. 
Exemptions for land development activities.
(1) 
The following land development and earthmoving activities are exempt from the drainage plan submission requirements of this chapter:
(a) 
A maximum of 1,000 square feet of new, additional, or replacement proposed impervious surface. Or in the case of earth disturbance resulting in less than 1,000 square feet of impervious cover (as noted above).
(b) 
Up to a maximum of 5,000 square feet of disturbed earth. These criteria shall apply to the total development even if the development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" upon which future subdivisions and respective earth disturbance computations shall be cumulatively considered.
(2) 
The activities exempted above are still encouraged to implement the voluntary stormwater management practices as indicated in Appendix B.[1]
[1]
Editor's Note: Appendix B is available in the Borough office.
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. 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 (§ 165-19).
(3) 
Drainage problems. If a drainage problem is documented or known to exist downstream of or is expected from the proposed activity, then the municipality may require the applicant to comply with this chapter.
(4) 
Emergency exemption. Emergency maintenance work performed for the protection of public health, safety, and welfare. A written description of the scope and extent of any emergency work performed shall be submitted to the Borough of Boyertown within two calendar days of the commencement of the activity. If the Borough of Boyertown 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 the Borough of Boyertown.
(6) 
Even though the developer is exempt, he is not relieved from complying with other regulations.
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, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.