A.
Primary authority: The Township of Hampton is empowered to regulate
these activities 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 Ordinance 673 of the Township of Hampton,
adopted on March 22, 2006.
B.
Secondary authority: The Township also is empowered to regulate land
use activities that affect runoff by the authority of the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, as amended.
(1)
Erroneous permit. 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.
The standards contained herein shall apply to all regulated
activities within the Township. In addition, all local, county and
state erosion and sedimentation control approvals must be in place
to proceed with any regulated activity.
A.
Activities regulated by this chapter include, but are not limited
to, the following:
(1)
Land development and redevelopment.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious
surfaces (driveways, parking lots, etc.).
(4)
Construction of new buildings or additions to existing buildings.
(5)
Diversion or piping of any natural or man-made stream channel.
(6)
Installation of stormwater management facilities or appurtenances
thereto.
(7)
Any earth disturbances or any activities that involve the alteration
or development of land or removal of tree and vegetation in a manner
that may affect post-construction stormwater runoff.
B.
Redevelopments shall conform to the requirements contained in § 266-4.1C(4), when more than a two-thousand-five-hundred-square-foot area of an existing facility is reconstructed, following the demolition, or partial demolition of that facility. The area determination shall be made using the footprint of the area being reconstructed, including all impervious and semiimpervious surfaces proposed in the reconstructed area and including the increased area of any parking lot required to support the reconstructed facility. The area of the parking lot required to support the reconstructed facility shall be determined using the Township Zoning Ordinance requirements for parking.[1] The presence of existing impervious or semiimpervious
surfaces in pre-developed conditions does not justify a waiver of
this provision.
A.
With the approval of Township Council, the following activities may
be exempted from on-site stormwater runoff control. An exemption shall
apply only to the requirement for on-site stormwater facilities and
the preparation of a stormwater management plan. All other stormwater
management design elements, such as a storm sewer system, road culverts,
erosion and sedimentation control, and runoff quality, shall be required.
All exemption requests must be filed with the Township Land Use Administrator
and approved by the Engineer.
(1)
Regulated activities smaller than 400 square feet are exempt
from the requirements of this chapter to implement SWM BMPs, unless
the activity is found to be a significant contributor to pollution
of the waters of this commonwealth.
(2)
Small project exemption. Activities having a disturbed area of less than 2,500 square feet are exempt from the peak rate control requirements of this chapter. These projects shall still comply with the water quality volume standards contained in § 266-4.1C(1) and the extended detention requirement contained in § 266-4.1C(1). An erosion and sedimentation control plan is required for all small projects. The "Small Project standardized SWM Guidance" document provided in Appendix F[1] was prepared to assist applicants in meeting this requirement
for individual lots only. The reduced site plan requirements contained
in the "Small Project Standardized SWM Guidance" document shall apply.
[1]
Editor's Note: Said appendix is on file in the Township
offices.
(3)
Emergency exemption. Emergency maintenance work performed for
the protection of public health, safety and welfare may be exempted
from the requirements in this chapter to obtain approval for a stormwater
management plan before commencement of the activity; however, a written
description of the scope and extent of any emergency work performed
shall be submitted to the Township within two calendar days of the
commencement of the activity. If the Township finds that the work
is not an emergency, then the work shall cease immediately and may
not resume until a written stormwater management plan is submitted
and approved.
(4)
Maintenance exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Engineer or the Township.
(5)
Gardening. Use of land for gardening for home consumption.
(6)
Agricultural activities. Agriculture when operated in accordance
with a conservation plan, nutrient management plan or erosion and
sedimentation control plan approved by the Allegheny 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
impervious surface of less than 1,000 square feet are exempt from
the requirement to submit a written stormwater management plan.
(7)
Forest management. Forest management operations, which are consistent
with a sound forest management plan as filed with the Township Land
Use Administrator and which follow the Pennsylvania Department of
Environmental Protection's management practices contained in
its publication "Soil Erosion and Sedimentation Control Guidelines
for Forestry." Such operations are required to have an erosion and
sedimentation control plan.
(8)
If an applicant demonstrates to the satisfaction of the county or its designee that any mandatory provision of this chapter is unreasonable or causes unique or undue unreasonableness or hardship as it applies to the proposed project, or that an alternate design may result in a superior result within the context of Articles I, IV, and V of this chapter, the county or its designee upon obtaining the comments and recommendations of the Township and the Allegheny County Conservation District and/or PADEP may grant a waiver or relief so that substantial justice may be done and the public interest is secured; provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
B.
Waivers.
(1)
The provisions of this chapter are the minimum standards for
the protection of the public health, safety, property, and welfare.
(2)
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.
(3)
Waivers or modifications of the requirements of this chapter
may be approved by the municipality if enforcement will exact undue
hardship because of unique physical circumstances or conditions peculiar
to the land in question, provided that the modifications will not
be contrary or detrimental to the public interest and will achieve
the intended outcome, and that the purpose of the chapter is preserved.
Hardship must be due to such unique physical circumstances or conditions
and not to circumstances or conditions generally created by the provisions
of this chapter. Cost or financial burden shall not be considered
a hardship. Modifications shall not substantially or permanently impair
the appropriate use or development of adjacent property.
(4)
Applicants shall refer to the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002 (2006), as amended and updated, or the Erosion and Sediment Pollution Control Program Manual, Pennsylvania Department of Environmental Protection (DEP) 363-2134-008 (2000), as amended and updated, or other appropriate references for guidance in the design of stormwater management facilities most appropriate to individual site conditions. References to the Maryland Manual, if not deleted, should be to specific sections of Maryland's manual in order to minimize NPDES permitting conflicts with the guidance provided by the Pennsylvania Stormwater BMP Manual. The applicant shall state in full the facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter that are involved, and the minimum waiver or relief that is necessary. The applicant shall state how the requested waiver and how the applicant's proposal shall result in an equal or better means of complying with the intent of Article I, Purpose, and § 266-4.1A, Design goals, and B, General principles, of this chapter.
(5)
The applicant shall submit all waiver requests to Township Council or its designee for review and approval. Copies of the waiver request shall also be submitted to the Land Use Administrator. The waiver must come from the applicant and be presented in writing along with a stormwater management site plan. The Township shall determine if the plan meets the requirements of this chapter, including § 266-2.3B(3).
(6)
The Township shall keep a written record of all actions on waiver
requests.
(7)
The Township will charge a fee of $1,000 for each waiver request,
which shall be used to offset the administrative costs of reviewing
the waiver request.
(8)
In granting waivers, the Township Council or its designee may
impose reasonable conditions that will, in its judgment, secure substantially
the objectives of the standards or requirements that are to be modified.
(9)
The Township Council or its designee may grant applications
for waivers when the following findings are made:
(b)
That the waiver is the minimum necessary to provide relief.
(c)
That the applicant is not requesting a waiver based solely on
cost considerations.
(d)
That existing, off-site, stormwater problems will not be exacerbated.
(e)
That runoff is not being diverted to a different drainage area.
(f)
That increased flooding or ponding on off-site properties or
roadways will not occur.
(g)
That potential icing conditions will not occur.
(h)
That increase of post-development peak flow from the site will
not occur and will, in fact, be reduced by the appropriate amount
if the site is in a subbasin having a release rate of less than 100%.
(i)
There will be no increase in the of the post-development total
runoff volume for all storms equal to or less than the two-year/twenty-four-hour
storm event.
(j)
That adverse impact to water quality will not result.
(k)
That increased 100-year floodplain levels will not result.
(l)
That increased or unusual Township maintenance expenses will
not result from the waiver.
(m)
That the amount of stormwater generated has been minimized to
the greatest extent allowed.
(n)
That infiltration of runoff throughout the proposed site has
been provided where practicable and pre-development groundwater recharge
protected at a minimum.
(o)
That peak flow attenuation of runoff has been provided.
(p)
That long-term operation and maintenance activities are established.
(q)
That no receiving streams and/or water bodies within 2,000 feet
downstream will be adversely impacted in flood-carrying capacity,
aquatic habitat, channel stability or erosion and sedimentation.
A.
The management of stormwater on site, both during and upon completion of the disturbances associated with activities permitted under § 266-2.2, shall be accomplished in accordance with the standards and criteria of this chapter. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with this article.
(1)
The intent of these design standards is to encourage environmentally
sound stormwater management practices that provide necessary drainage
facilities while protecting the hydrologic characteristics and water
quality of the site and watershed. Developments shall be required
to incorporate stormwater management controls. Stormwater management
design shall blend into the natural environment and be aesthetically
integrated into the site design.
B.
Applicants shall refer to the Pennsylvania Storm Water Best Management
Practices Manual, as amended, Pennsylvania Handbook of Best Management
Practices for Developing areas (PACD, 1998), the 2000 Maryland Stormwater
Design Manual (MDE, 2000) or other appropriate references for guidance
in the design of stormwater management facilities most appropriate
to individual site conditions. Objectives for design are to reduce
the volume of stormwater generated, infiltrate runoff at its source
to the maximum extent possible, achieve water quality improvement
at the source or during conveyance, and provide for peak flow attenuation.
Applicants shall examine design alternatives by viewing them in a
series. In addition, applicants are strongly encouraged to use structural
and nonstructural stormwater management practices that reduce or eliminate
the need for detention basins.
C.
All SWM design work must be completed by a qualified design professional.
All designs proposing the use of a SWM retention or detention facility
with outlet structure(s) shall be completed by a professional engineer
licensed in the state of Pennsylvania.
D.
All development activity within a special flood hazard area designated
by the Federal Emergency Management Agency (FEMA) shall comply with
Floodplain Ordinance No. 769[1] and this subsection. All development shall be designed
to maintain the flood-carrying capacity of the floodway such that
the base flood elevations are not increased, either upstream or downstream,
unless an approval is received from PADEP. The natural conveyance
characteristics of the site and the receiving floodplain shall be
incorporated into the stormwater management practices proposed for
the site.
E.
The stormwater management system shall not create an adverse impact
on stormwater quantity or quality in either upstream or downstream
areas. Offsite areas which discharge to or across a site proposed
for development shall be addressed in the stormwater management plan
prepared for the development. No stormwater management plan shall
be approved until it is demonstrated that the runoff from the project
shall not adversely impact downstream areas.
F.
Wetlands shall not be used to meet the minimum design requirements
for stormwater management or stormwater runoff quality treatment,
except when used as part of a treatment train that incorporates a
portion of the outer zone (filter strip) of the wetland's riparian
buffer as a stormwater outfall.
G.
All proposed stormwater management systems shall be designed to prevent
the pollution of groundwater resources by stormwater, promote safety,
minimize health hazards, preserve natural features and provide infiltration
and groundwater recharge where appropriate. Neither submission of
a plan under the provision herein nor compliance with the provisions
of these regulations shall relieve any person from responsibility
for damage to any person or property otherwise imposed by law.
H.
Where deemed necessary by the Engineer, or as addressed in an approved
Act 167 stormwater management plan, the applicant shall construct
storm drains to handle on-site runoff; to the maximum extent permitted
under the Municipalities Planning Code and Act 167, or any amendments
thereto, provide on-site/off-site drainage easements; and provide
for the conveyance of off-site runoff to an acceptable outlet in the
same watershed.
I.
Where watercourses traverse a development site, drainage easements
shall be provided conforming to the line of such watercourses. The
terms of the easements shall prohibit excavation, the placing of fill
or structures, except as needed for roadways, driveways and walkways,
or any alterations that may adversely affect the flow of stormwater
within any portions of the easement, and require the establishment
and protection of riparian buffers.
J.
For all regulated activities, stormwater management BMPs shall be
designed, implemented, operated, and maintained to meet the purposes
and requirements of this chapter and to meet all requirements under
Pennsylvania Code Title 25, the Clean Streams Law, and the Storm Water
Management Act.
K.
Any regulated activity that may affect the stormwater flows toward
or onto a state or county highway right-of-way or facility shall be
designed, implemented, operated, and maintained in accordance with
the regulations of the Pennsylvania Department of Transportation (PennDOT)
or Allegheny County, as the case may be.
L.
At the time of application for a building permit for any approved
lot created by a subdivision and/or improved as a land development
project, issuance of the permit shall be conditioned upon adherence
to the terms of this chapter.
M.
Stormwater discharges to critical areas with sensitive resources
(e.g., special protection waters, cold water fisheries, recharge areas,
water supply reservoirs, etc.) may be subject to additional performance
criteria or may need to utilize or restrict certain stormwater management
practices.
N.
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual), Commonwealth of Pennsylvania, Department of Environmental
Protection, No. 363-2134-008, as amended and updated.
O.
No regulated earth disturbance activities within the Township shall
commence until the requirements of this chapter are met.
P.
Post-construction water quality protection shall be addressed as
required by the stormwater management requirements contained in this
chapter.
Q.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article V.
R.
All best management practices (BMPs) used to meet the requirements
of this chapter shall conform to the State Water Quality Requirements,
and any more stringent requirements as required by the Township.
S.
Techniques described in Appendix B (Nonstructural Stormwater Management
Practices)[2] of this chapter are encouraged, because they reduce the
costs of complying with the requirements of this chapter and the State
Water Quality Requirements.
[2]
Editor's Note: Said appendix is on file in the Township
offices.
T.
In selecting the appropriate BMPs or combinations thereof, the applicant
shall consider the following:
(1)
Total contributing area.
(2)
Permeability and infiltration rate of the site soils.
(3)
Slope and depth to bedrock.
(4)
Seasonal high water table.
(5)
Proximity to building foundations and wellheads.
(6)
Erodibility of soils.
(7)
Land availability and configuration of the topography.
(8)
Peak discharge and required volume control.
(9)
Stream bank erosion.
(10)
Efficiency of the BMPs to mitigate potential water quality problems.
(11)
The volume of runoff that will be effectively treated.
(12)
The nature of the pollutant being removed.
(13)
Maintenance requirements.
(14)
Creation/protection of aquatic and wildlife habitat.
U.
Transference of runoff from one DEP designated Act 167 watershed
to another shall be prohibited unless approved by the Township.
Except as otherwise provided under law, all Township ordinances
and any parts or provisions of any Township ordinance(s) in conflict
with this chapter or with any provisions of this chapter, including
but not limited to Ordinance No. 673 and previous versions of Ordinance
No. 708 (2008), are hereby repealed to the extent of the inconsistency
and to the extent necessary to give this chapter full force and effect,
excepting, however, those portions of such ordinance(s) needed to
give this chapter full force and effect; and provided that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance(s) or ordinance
provision(s). All of said ordinance(s) or ordinance provisions shall
remain in full force and effect and are not repealed hereby as they
pertain to such enforcement actions or other proceedings relating
to alleged violations of such ordinance(s).
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such determination of
invalidity shall not affect the validity of the remaining provisions
of this chapter.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PADEP NPDES regulations, as amended, or any other ordinance
of the Township, the more stringent requirements shall govern.
A.
All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pa. Code Chapter 102.
B.
Work within natural drainageways, or waterways of the commonwealth, subject to permit by DEP under 25 Pa. Code Chapter 105.
C.
Any stormwater management facility that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located on a state
highway right-of-way, or require access from a state highway, shall
be subject to approval by the Pennsylvania Department of Transportation
(PennDOT).
A.
No regulated earth disturbance activities within the Township shall
commence until the Township receives a copy of any required approvals
from the Conservation District or DEP for an erosion and sediment
control plan.
B.
The PADEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES Construction
Activities permit is required for regulated earth disturbance activities.
D.
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or County Conservation
District must be provided to the Township.
E.
A copy of the erosion and sediment control plan and any required
permits, as required by DEP regulations, shall be available at the
project site at all times.
F.
Additional erosion and sediment control design standards and criteria
are recommended to be applied where infiltration BMPs are proposed
and shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from
sedimentation and compaction during the construction phase to maintain
maximum infiltration capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff
until the entire contributory drainage area to the infiltration BMP
has achieved final stabilization.
A.
No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system and or waters of this commonwealth which are not composed entirely of stormwater, except (1) as provided in Subsection B below, and (2) discharges allowed under a state or federal permit. Examples of discharges that are not permitted are sewage and septage flows, washwater flows from laundry and vehicle washing, water line leaks, landscape irrigation, and vehicle fluids.
B.
The following discharges are authorized unless they are determined
to be significant contributors to pollution to the waters of this
commonwealth:
(1)
Discharges from firefighting activities.
(2)
Potable water sources including dechlorinated water line and
fire hydrant flushings.
(3)
Irrigation drainage.
(4)
Routine external building washdown (which does not use detergents
or other compounds).
(5)
Air conditioning condensate.
(6)
Water from individual residential car washing.
(7)
Spring water from crawl space pumps.
(8)
Rising groundwaters.
(9)
Uncontaminated water from foundation or from footing drains.
(10)
Flows from riparian habitats and wetlands.
(11)
Lawn watering.
(12)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(13)
Dechlorinated swimming pool discharges.
(14)
Uncontaminated groundwater.
(15)
Natural springs.
(16)
Street wash water.
C.
In the event that the Township determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the Township or PADEP will notify the responsible person to cease the discharge.
D.
Nothing in this section shall affect a discharger's responsibilities
under state law.
E.
Existing roof drain, underdrain, and sump pump discharges should
be directed to a lawn area or other pervious areas. However, this
discharge should not be directed toward structures on adjacent properties.
If required by the Township, the discharge shall be directed to a
stone sump or infiltration BMP. If approved by the Township, the discharge
may also be directly connected to the storm sewer system. The discharge
point shall be no closer than 10 feet from any property line or right-of-way
line.
F.
No person shall alter or modify any portion of a stormwater management
BMP without written approval and consent from the Township.
A.
Right-of-entry. Upon presentation of proper credentials, the Township
may enter at reasonable times upon any property within the Township
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
B.
Inspection. SWM BMPs should be inspected by the land owner/developer
(including the Township for dedicated facilities) according to the
following list of frequencies:
C.
Enforcement.
(1)
It shall be unlawful for a person to undertake any regulated
activity except as provided in an approved SWM site plan.
(2)
It shall be unlawful to alter or remove any control structure
required by the SWM site plan.
(3)
Inspections regarding compliance with the SWM site plan are
a responsibility of the Township.
D.
Suspension and revocation.
(1)
Any approval for a regulated activity issued may be suspended
or revoked, in whole or in part, by the Township for:
(a)
Noncompliance with or failure to implement any provision of
the approval.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(c)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
(3)
An approval that has been revoked by the Township cannot be
reinstated. The applicant may apply for a new approval under the provisions
of this chapter.
(4)
Prior to revocation or suspension of a permit, if there is no
immediate danger to life, public health, or property the Township
may notify the land owner/developer to discuss the noncompliance.
E.
Violations and penalties.
(1)
Anyone violating the provisions of this chapter shall be guilty
of a summary offense, and upon conviction shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
(2)
In addition, the Township may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus or other appropriate forms of remedy or relief.
