[Ord. 705, 4/28/2011]
This Part 5 shall be known and may be cited as the "Neshaminy
Creek Watershed Stormwater Management Ordinance" (a.k.a. Neshaminy/Little
Neshaminy Stormwater Management Ordinance).
[Ord. 705, 4/28/2011]
The Board of Supervisors of Warminster Township finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
flood flows and velocities, contributes to erosion and sedimentation,
overtaxes the carrying 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 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.
C. A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, is fundamental to the public health, safety, welfare, and
the protection of the people of Warminster Township and all the people
of the Commonwealth, their resources, and the environment.
D. Stormwater is 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. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F. 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).
G. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
[Ord. 705, 4/28/2011]
The purpose of this Part
5 is to promote the public health, safety, and welfare within the Neshaminy Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
26-502 of this Part
5, through provisions designed to:
A. 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.
B. Minimize increases in stormwater volume and control peak flows.
C. Minimize impervious surfaces.
D. Provide review procedures and performance standards for stormwater
planning and management.
E. Preserve the natural drainage systems as much as possible.
F. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
H. Preserve and restore the flood-carrying capacity of streams.
I. Prevent scour and erosion of streambanks and streambeds.
J. Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
K. Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in Warminster Township.
[Ord. 705, 4/28/2011]
The Board of Supervisors of Warminster Township is empowered
to regulate land use activities that affect runoff, surface, and groundwater
quality and quantity by the authority of:
A. Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. Second Class Township Code (Act 69 of 1933, P.L. 103; 53 P.S. § 65101
et seq., as amended).
[Ord. 705, 4/28/2011]
Approvals issued pursuant to this Part 5 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.
[Added by Ord. No. 769, 9/8/2022]
1. Any other
ordinance provision(s) or regulation of the Township inconsistent
with any of the provisions of this Part 5 is hereby repealed to the
extent of the inconsistency only.
2. In the event that a court of competent jurisdiction declares any section or provision of this Part
5 invalid, such decision shall not affect the validity of any of the remaining provisions of this Part
5.
[Added by Ord. No. 769, 9/8/2022]
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 Township purporting to validate such a violation.
[Added by Ord. No. 769, 9/8/2022]
1. If the Township determines that any requirement under this Part
5 cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this Part
5, subject to Subsections
2 and
3.
2. Waivers
or modifications of the requirements of this Part 5 may be approved
by the Township if enforcement will exact undue hardship because of
peculiar conditions pertaining to the land in question, provided that
the modifications will not be contrary to the public interest and
that the purpose of this Part 5 is preserved. Cost or financial burden
shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of this Part 5. A request for modifications
shall be in writing and accompany the stormwater management site plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of this Part 5 involved and the proposed
modification.
3. No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
Township unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.