This chapter shall be known as the "Washington 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 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 base flow of streams, which also protects
and maintains surface water quality.
E.
Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, groundwater recharge, stream base flow, and aquatic
ecosystems. The most cost-effective and environmentally advantageous
way to manage stormwater runoff is through nonstructural project design
that minimizes impervious surfaces and sprawl, avoids sensitive areas
(i.e., stream buffers, floodplains, steep slopes), and considers topography
and soils to maintain the natural hydrologic regime.
F.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
H.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this 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 § 99-2 of this chapter through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface 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 base flows and quality of streams and watercourses,
where possible.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pennsylvania Code Chapter 93.4a 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- and groundwater quality and quantity
by the authority of:
A.
Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167) Section 680.1
et seq., as amended, the "Stormwater Management Act" (hereinafter
referred to as "the Act");
B.
Water Resources Management Act of 2002, as amended;
C.
Second Class Township Code, 53 P.S. §§ 66501 et seq.,
66601 et seq.
D.
Pennsylvania Municipalities Planning Code, Act 247, as amended.
A.
This chapter shall apply to all areas of Washington Township.
B.
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 99-6:
(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;[1]
[1]
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 § 99-46 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.
C.
Table 99-5-1 summarizes the applicability requirements of the chapter.
"Proposed Impervious Surface" in Table 99-5-1 includes new, additional,
or replacement impervious surface/cover. Repaving existing surfaces
without reconstruction does not constitute "replacement."
|
Table 99-5-1
| |||||||
|---|---|---|---|---|---|---|---|
|
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 acre
|
> 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
| |
|
Section 99-43 Nonstructural Project Design
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
Section 99-44 Groundwater Recharge
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
| |
|
Section 99-45 Water Quality Requirements
|
Development
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
Section 99-46 Stream Bank Erosion Requirements
|
Development
|
N/A
|
Exempt
|
Yes
|
Yes
|
N/A
|
Yes
|
|
Redevelopment
|
N/A
|
Exempt
|
Exempt
|
Yes
|
N/A
|
Yes
| |
|
Section 99-47 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).
| |
|
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 §§ 99-31A(2) and (4); 99-31B(7), (8), (11), and (22); and 99-31D(1) and (3) and related supportive material needed to determine compliance with §§ 99-43 and 99-47.
| ||
|
-
| |||
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.
(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 § 99-45G.
(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 Chapter
Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
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 (§ 99-43).
(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 Washington Township within two calendar days of the commencement
of the activity. If Washington 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 Washington Township.
(6)
Even though the developer is exempt, he is not relieved from complying
with other 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.
