[Ord. 691, 9/10/2009]
This Part 4 shall be known as the "Warminster Township Stormwater
Management Ordinance."
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township finds that:
A.
Inadequate management of stormwater runoff from development in a
watershed increases flood flows and velocities, erodes and/or silts
stream channels, pollutes water, overloads existing drainage facilities,
undermines floodplain management in downstream communities, reduces
groundwater recharge, and threatens public health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment 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 streambanks 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 (SWM), 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 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 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.
[Ord. 691, 9/10/2009]
The purpose of this Part 4 is to promote the public health, safety, and welfare within the Township by maintaining the natural hydrologic regime and minimization of the impacts described in § 26-402 of this Part 4 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 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.
K.
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 this
commonwealth.
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 streambanks 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.
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township, pursuant to
the Pennsylvania Stormwater Management Act,[1] Act No. 167 of October 4, 1978 (P.L. 864), and the laws of second class townships, hereby enacts and ordains this Part 4 as the "Warminster Township Stormwater Management Ordinance." This Part 4 shall apply to the activities defined in § 26-405 of this Part 4.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[Ord. 691, 9/10/2009]
1.
This Part 4 shall apply to all areas of Warminster Township.
2.
This Part 4 contains those stormwater runoff control criteria and
standards which are necessary or desirable from a total watershed
perspective.
3.
The following activities are defined as regulated activities and
shall be regulated by this Part 4:
A.
Land development.
B.
Subdivision.
C.
Construction of new or additional impervious surfaces (driveways,
parking lots, etc.).
D.
Construction of new buildings or additions to existing buildings.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation of stormwater systems or appurtenances thereto.
4.
Additional stormwater management design and construction criteria, such as inlet spacing, collection system details, construction material specifications, etc., shall be as described in §§ 22-518, 22-520, 22-521, and 22-523 of Chapter 22, Subdivision and Land Development, of the Code of the Township of Warminster.
[Amended by Ord. 737, 1/19/2017]
5.
This Part 4 shall apply to all regulated activities detailed above. The more stringent requirements of this Part 4, Chapter 27, Zoning, Chapter 22, Subdivision and Land Development, or other requirements of Warminster Township shall apply if any regulated activity requires compliance with other ordinances and regulations of Warminster Township.
6.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This Part 4 shall operate in conjunction with those parallel
requirements; the requirements of this Part 4 shall be no less restrictive
in meeting the purposes of this Part 4 than state law.
[Ord. 691, 9/10/2009]
1.
General exemptions. The following land use activities are exempt
from stormwater management requirements of this Part 4:
A.
Use of land for gardening for home consumption.
B.
Agriculture when operated in accordance with a conservation plan, nutrient management plan or erosion and sediment control plan approved by Bucks 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 shall be subject to the provisions of this Part 4 unless exempt pursuant to § 26-406, Subsection 2.
C.
Public road replacement, replacement paving, repaving and/or driveway
maintenance (without expansion).
D.
Installation of less than 1,000 square feet of new impervious surface.
E.
Repair and reconstruction of on-lot sewage disposal systems where
work is performed in accordance with a valid permit issued by Bucks
County Department of Health.
2.
Stormwater peak rate control exemption. All regulated activities as described in § 26-405 of this Part 4 shall comply with the stormwater management requirements hereof (refer § 26-424) except those activities listed in the Stormwater Management Exemption Criteria table. Those activities listed in Stormwater Management Exemption Criteria table are, to the extent stated herein, exempt from certain provisions of this Part 4.[1] Any regulated activities that meet the exemption criteria established in this section are exempt from stormwater management requirements of Part 4C and stormwater management plan submission requirements of Part 4D. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is the date of adoption of this Part 4. All impervious surface area constructed on or after said date shall be considered cumulatively. Impervious surface existing on the parent tract prior to the date of adoption shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety, and property.
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Table 405.1 Stormwater Management Exemption Criteria
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|---|---|---|---|---|
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1.
|
Regulated activities included within § 26-405, Subsection 3C and D, are exempt where the amount of impervious surface on a parcel conforms to the following:
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|
Total Parcel Area
(acres)
|
Maximum Exempt Impervious Surface Area
(square feet)
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|
<0.5
|
1,000
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|
0.5 to 2.0
|
2,000
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2.0 to 5.0
|
3,500
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|
>5.0
|
5,000
| |||
|
2.
|
Construction or reconstruction of buildings or additions to
existing buildings or other impervious surface (activities regulated
pursuant to § 206-405, Subsection 3C and D) are exempt where
the following conditions are met:
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|
A.
|
An area of impervious surface is removed from the site equal
to, or in excess of, the proposed impervious surface area.
| |||
|
B.
|
The area where existing impervious surface is removed pursuant
to Item 2A above must be restored with a minimum of 12 inches of topsoil
and stabilized groundcover.
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|
3.
|
Grading permit applications, required in accordance with Township
ordinances, where the addition of impervious surfaces is 1,000 square
feet or less.
| |||
|
4.
|
Lot line adjustment subdivision applications are exempt when
no increase in impervious surface is proposed.
| |||
[1]
Editor's Note: See said table below.
3.
Additional exemption criteria:
A.
An exemption shall not relieve the applicant from implementing such
measures as are necessary to protect public health, safety, and property.
B.
An exemption shall not relieve the applicant from implementing measures to meet water quality requirements per § 26-422.
C.
HQ and EV streams — An exemption shall not relieve the applicant
from meeting special requirements for watersheds draining to high
quality (HQ) or exceptional value (EV) waters.
D.
Exceptions shall not be granted for any regulated activity where
the area of disturbance is greater than 0.5 acres.
4.
The municipality, upon request by the applicant, may grant an exemption from the provisions of this Part 4 for a project qualifying under § 26-406, Subsection 2. If an exemption is granted, the municipality may require the applicant to pay a fee in an amount established by separate resolution of the Board of Supervisors to the Municipal Stormwater Management Capital Fund.
5.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 26-406, Subsection 2, shall be required, at a minimum, to submit the following documentation for review:
A.
Three copies of the completed Township stormwater management plan
application form.
B.
Stormwater management exemption review fee and escrow, as established
by separate resolution of the Board of Supervisors.
C.
Three copies of a plot plan for the parcel which is the subject of
the exemption application containing, at a minimum, the following
information:
(1)
Property boundaries and area of the site, based on deed information
or field survey.
(2)
Location map identifying the site relative to streets and other
parcels in the vicinity of the site.
(3)
Location of significant natural features pursuant to ordinance requirements (Chapter 22, Part 6) and existing man-made features, including wetlands, watercourses, woodlands, steep slopes, structures, parking areas, driveways, utilities, wells, and septic systems within 100 feet of the proposed limits of earth disturbance and/or impervious surface, regardless of the location of the property boundary.
(4)
Location and dimensions of existing and proposed impervious
surface and other improvements, with setbacks drawn to relate the
location of same to property lines, streets, and existing features.
(5)
North arrow and plan scale, graphic and written.
(6)
Information regarding existing/proposed topography and drainage
patterns within 100 feet of proposed limits of earth disturbance and/or
impervious surface based on field survey and/or field observation.
[Ord. 691, 9/10/2009]
1.
Approvals
issued pursuant to this Part 4 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.
2.
To the
extent that this Part 4 imposes more rigorous or stringent requirements
for stormwater management, the specific requirements otherwise contained
in this Part 4 shall be followed.
3.
Nothing
in this Part 4 shall be construed to affect any of the municipality's
requirements regarding stormwater matters that do not conflict with
the provisions of this Part 4, 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 Part 4 addressing state water quality
requirements.
