This ordinance shall be known as the "East Caln Township Stormwater
Management Regulations of 2014."
The governing body of the municipality finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from land disturbance and development throughout a watershed increases
flooding, flows and velocities, contributes to erosion and sedimentation,
overtaxes the 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 infiltration and groundwater recharge,
increases nonpoint source pollution to waterways, and threatens public
health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land disturbance and development throughout a watershed can 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 new development, redevelopment, and other earth disturbance
activities causing accelerated runoff and erosion and loss of natural
infiltration, is fundamental to the public health, safety, and general
welfare of the people of the municipality and all of the people of
the commonwealth, their resources, and the environment.
D.
Stormwater is an important water resource that provides infiltration
and 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 reducing the volume
of stormwater generated and by using project designs that maintain
the natural hydrologic regime and sustain high water quality, infiltration,
stream base flow, and aquatic ecosystems. Cost-effective and environmentally
sensitive stormwater management can be achieved through the use of
nonstructural site design techniques that minimize impervious surfaces,
reduce disturbance of land and natural resources, avoid sensitive
areas (i.e., riparian buffers, floodplains, steep slopes, wetlands,
etc.), and consider 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 the municipality to implement
a program of stormwater controls. The municipality is required to
obtain a permit and comply with its provisions for stormwater discharges
from its separate storm sewer system under the National Pollutant
Discharge Elimination System (NPDES).
H.
Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
The purpose of this ordinance is to protect public health, safety
and general welfare, property and water quality by implementing drainage
and stormwater management practices, criteria, and provisions included
herein for land development, construction and earth disturbance activities
and to achieve the following throughout the municipality:
A.
Reduce the frequency and magnitude of flooding and stormwater impacts
affecting people, property, infrastructure and public services.
B.
Sustain or improve the natural hydrologic characteristics and water
quality of groundwater and surface waters.
C.
Protect natural resources, including riparian and aquatic living
resources and habitats.
D.
Maintain the natural hydrologic regime of land development sites
and their receiving watersheds.
E.
Minimize land disturbance and protect and incorporate natural hydrologic
features, drainage patterns, infiltration, and flow conditions within
land development site designs.
F.
Reduce and minimize the volume of stormwater generated, and manage
and release stormwater as close to the source of runoff as possible.
G.
Provide infiltration and maintain natural groundwater recharge to
protect groundwater supplies and stream base flows, prevent degradation
of surface water and groundwater quality, and to otherwise protect
water resources.
H.
Reduce stormwater pollutant loads to protect and improve the chemical,
physical, and biological quality of ground and surface waters.
I.
Reduce scour, erosion and sedimentation of stream channels.
J.
Reduce flooding impacts and preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
K.
Protect adjacent and downgradient lands from adverse impacts of direct
stormwater discharges.
L.
Minimize impervious surfaces and connected impervious surfaces to
promote infiltration and reduce the volume and impacts of stormwater
runoff.
M.
Provide proper long-term operation and maintenance of all permanent
stormwater management facilities, BMPs and conveyances that are implemented
within the municipality.
N.
Reduce the impacts of runoff from existing developed land undergoing
redevelopment while encouraging new development and redevelopment
in urban areas and areas designated for growth.
O.
Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
P.
Provide performance standards and design criteria based on watershed-based
stormwater management planning.
Q.
Provide standards to meet certain NPDES stormwater permit requirements.
R.
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 the
commonwealth.
S.
Implement the requirements of total maximum daily load (TMDL) where
applicable to waters within or impacted by the municipality.
T.
Provide review procedures and performance standards for stormwater
planning and management.
U.
Fulfill the purpose and requirements of Act 167,[1] which provides, among other things:
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"(1)
|
Encourage planning and management of stormwater runoff in each
watershed which is consistent with sound water and land use practices.
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(2)
|
Authorize a comprehensive program of stormwater management designated
to preserve and restore the flood-carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross section of water
of the commonwealth; and to protect and conserve groundwaters and
groundwater recharge areas.
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(3)
|
Encourage local administration and management of stormwater
consistent with the commonwealth's duty as trustee of natural resources
and the people's constitutional right to the preservation of natural,
economic, scenic, aesthetic, recreational and historic values of the
environment."
|
[1]
Editor's Note: The Storm Water Management Act, 32 P.S. § 680.1
et seq.
The municipality is empowered or required to regulate land use
activities that affect runoff and surface and groundwater quality
and quantity by the authority of:
A.
The following activities are regulated by this ordinance:
(1)
All regulated activities as defined in this ordinance, including
but not limited to new development, redevelopment, and earth disturbance
activities that are located within the municipality, shall be subject
to regulation by this ordinance.
(2)
When a building and/or grading permit is required for any regulated
activity on an existing parcel or 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 ordinance.
(3)
This ordinance contains the stormwater management performance
standards and design criteria that are necessary from a watershed-based
perspective. The municipality's stormwater management conveyance and
system 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 ordinance(s) and applicable
state regulations, or as included in § 311 of this ordinance.
B.
Duty of persons engaged in a regulated activity. Notwithstanding
any provision(s) of this ordinance, including exemptions, any landowner
or any person engaged in a regulated activity, including but not limited
to the alteration or development of land, which may affect stormwater
runoff characteristics, shall implement such measures as are reasonably
necessary to prevent injury to health, safety, or other property.
Such measures also shall include actions as are required to manage
the rate, volume, direction, and quality of resulting stormwater runoff
in a manner which otherwise adequately protects health, property,
and water quality of waters of the commonwealth.
C.
Phased and incremental project requirements.
(1)
Any regulated activity (including but not limited to new development,
redevelopment, or earth disturbance) that is to take place incrementally
or in phases or occurs in sequential projects on the same parcel or
property, shall be subject to regulation by this ordinance if the
cumulative proposed impervious surface or earth disturbance exceeds
the corresponding threshold for exemption (as presented in Table 106.1,
Thresholds for Regulated Activities Exempt from Appendix Provisions).
(2)
The date of adoption of this ordinance shall be the starting
point from which to consider tracts as parent tracts relative to future
subdivisions and from which impervious surface and earth disturbance
computations shall be cumulatively considered. For example, if, after
adoption of this ordinance, an applicant proposes construction of
a six-hundred-square foot garage, that project would be exempted from
the requirements of this ordinance as noted in Table 106.1. If, at
a later date, an applicant proposes to construct a nine-hundred-square
foot room addition on the same property, the applicant would then
be required to implement the stormwater management and plan submission
requirements of this ordinance for the cumulative total of 1,500 square
feet of additional impervious surface added to the property since
adoption of this ordinance.
A.
Requirements for exempt activities.
(1)
An exemption from any requirement of this ordinance shall not
relieve the applicant from implementing all other applicable requirements
of this ordinance or from implementing such measures as are necessary
to protect public health, safety, and welfare, property and water
quality.
(2)
An exemption shall not relieve the applicant from complying
with the requirements for state-designated special protection waters
designated by PADEP as high quality (HQ) or exceptional value (EV)
waters or any other current or future state or municipal water quality
protection requirements.
(3)
An exemption under this ordinance shall not relieve the applicant
from complying with all other applicable municipal ordinances or regulations.
B.
General exemptions. Regulated activities that:
(1)
Involve less than 1,000 square feet of proposed impervious surfaces
and less than 5,000 square feet of earth disturbance; or
(2)
Are listed in § 106C, are exempt from those (and only
those) requirements of this ordinance that are included in the sections
and articles listed in Table 106.1. Exemptions are for the items noted
in Table 106.1 only and shall not relieve the landowner from other
applicable requirements of this ordinance. Exemption shall not relieve
the applicant from implementing such measures as are necessary to
protect health, safety, and welfare, property, and water quality.
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Table 106.1
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|---|---|---|---|---|
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Thresholds for Regulated Activities Exempt from Appendix
Provisions
(see Notes below)
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Appendix Article/Section
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Activities Listed in § 106C
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<1,000 sq. ft. of Proposed Impervious Surfaces and
<5,000 sq. ft. of Proposed Earth Disturbance
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>1,000 sq. ft. of Proposed Impervious
Surfaces or >5,000 sq. ft. of Proposed Earth
Disturbance
| |
|
Article I, General Provisions
|
Not exempt
|
Not exempt
|
Not exempt
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|
Article II, Definitions
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Article III, §§ 302, 303, and 311, SWM Standards
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Article III, §§ 301, 304, 305, 306, 307, 308,
309, and 310, SWM Standards
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article IV, SWM Site Plan Requirements
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Exempt
|
Exempt
|
Not exempt
| |
|
Article V, Performance, Inspection and As-Builts
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Exempt
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Exempt
|
Not exempt
| |
|
Article VI, Fees and Expenses
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Exempt
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Exempt
|
Not exempt
| |
|
Article VII, O&M and Easements
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article VIII, Prohibitions
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Article IX, Enforcement; Violations and Penalties
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Other erosion, sediment and pollution control requirements
|
Must comply with 25 Pa. Code Chapter 102 and other applicable
state and municipal codes, including the Clean Streams Law.
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NOTES:
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|---|---|---|
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•
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Specific activities listed in § 106C are exempt from
the indicated requirements, regardless of size.
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|
•
|
A proposed regulated activity must be less than both the proposed
impervious surfaces and proposed earth disturbance thresholds to be
eligible for exemption from the requirements listed in this table.
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|
•
|
"Proposed impervious surface": as defined in this ordinance.
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|
•
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"Exempt": Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this ordinance
apply.
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C.
Exemptions for specific activities. The following specific regulated
activities are exempt from the requirements of §§ 301,
304, 305, 306, 307, 308, 309, and 310 and Article IV, Article V, Article
VI and Article VII of this ordinance (as shown in Table 106.1), unless
otherwise noted below. All other conveyance and system design standards
established by the municipality in other codes or ordinances shall
be required, and all other provisions of this ordinance shall apply.
(1)
Emergency exemption. Emergency maintenance work performed for
the protection of public health, safety and welfare. This exemption
is limited to repair of the existing facility; upgrades, additions
or other improvements are not exempt. A written description of the
scope and extent of any emergency work performed shall be submitted
to the municipality within two calendar days of the commencement of
the activity. A detailed plan shall be submitted no later than 30
days following commencement of the activity. If the municipality finds
that the work is not an emergency, then the work shall cease immediately
and the requirements of this ordinance shall be addressed as applicable.
(2)
Maintenance. Any maintenance to an existing stormwater management
system, facility, BMP or conveyance made in accordance with plans
and specifications approved by the Municipal Engineer or municipality.
(3)
Existing landscaping. Use of land for maintenance, replacement
or enhancement of existing landscaping.
(4)
Gardening. Use of land for gardening for home consumption.
(5)
Agricultural related activities.
(a)
Agricultural activities (as defined in Article II), when performed
in accordance with the requirements of 25 Pa. Code Chapter 102.
(b)
Conservation practices (as defined in Article II) that do not
involve construction of any new or expanded impervious surfaces.
(c)
High tunnels (as defined in Article II), if:
[Added 11-20-2019 by Ord. No. 2019-02]
[1]
The high tunnel or its flooring does not result in an impervious
area exceeding 25% of all structures located on the owner's total
contiguous land area; and
[2]
The high tunnel meets one of the following:
[a]
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road or neighboring property line;
[b]
The high tunnel is located at least 35 feet from any perennial
stream or watercourse, public road, or neighboring property line and
located on land with a slope not greater than 7%; or
[c]
The high tunnel is supported with a buffer or diversion system
that does not directly drain into a stream or other watercourse by
managing stormwater runoff in a manner consistent with the requirements
of this subsection.
(6)
Forest management. Forest management operations, which are consistent
with a sound forest management plan as filed with the municipality
and which comply with the Pennsylvania Department of Environmental
Protection's management practices contained in its publication "Soil
Erosion and Sedimentation Control Guidelines for Forestry" (as amended
or replaced by subsequent guidance). Such operations are required
to have an erosion and sedimentation control plan which meets the
requirements of 25 Pa. Code Chapter 102 and meets the erosion and
sediment control standards of § 303 of this ordinance.
(7)
Maintenance of existing paved surfaces. Replacement of existing
paved surfaces shall meet the erosion and sediment control requirements
of 25 Pa. Code Chapter 102 and § 303 of this ordinance and
is exempt from all other requirements of this ordinance listed in
§ 106C above. Resurfacing of existing paved surfaces is
exempt from the requirements of this ordinance listed above. Construction
of new or additional impervious surfaces shall comply with all requirements
of this ordinance as indicated in Table 106.1.
(8)
Municipal roadway shoulder improvements. Shoulder improvements
conducted within the existing roadway cross section of municipal owned
roadways, unless an NPDES permit is required, in which case the proposed
work must comply with all requirements of this ordinance.
(9)
In-place replacement of residential dwelling unit. The replacement
in the exact footprint of an existing one- or two-family dwelling
unit.
(10)
In-place replacement, repair, or maintenance of residential
impervious surfaces. The replacement of existing residential patios,
decks, driveways, pools, garages, and/or sidewalks that are accessory
to an existing one- or two-family dwelling unit in the exact footprint
of the existing impervious surface.
D.
Modified requirements for small projects. Regulated activities that
involve 1,000 square feet to 2,000 square feet of proposed impervious
surfaces and less than 10,000 square feet of proposed earth disturbance
may apply the modified requirements presented in the "Simplified Approach
to Stormwater Management for Small Projects" ("Simplified Approach"),
attached to the ordinance as Appendix A, to comply with the requirements
of §§ 301, 304, 305, 306, 307, 308, 309, and 310 and
Article IV, Article V, Article VI and Article VII of this ordinance
(as shown in Table 106.2). The applicant shall first contact the Municipal
Engineer to confirm that the proposed project is eligible for use
of the Simplified Approach and is not otherwise exempt from these
ordinance provisions; to determine what components of the proposed
project are to be considered as impervious surfaces; and to determine
if other known site or local conditions exist that may preclude the
use of any techniques included in the Simplified Approach. Appendix
A includes instructions and procedures for preparation, submittal,
review and approval of documents required when using the Simplified
Approach and shall be adhered to by the applicant. All other provisions
of this ordinance shall apply.
|
Table 106.2
| |
|---|---|
|
Thresholds for Regulated Activities Eligible for
"Modified" Requirements for Appendix Provisions Listed
Below
| |
|
Appendix Article/Section
|
Activities Listed in § 106D
|
|
Article I, General Provisions
|
All provisions apply
|
|
Article II, Definitions
|
All provisions apply
|
|
Article III, §§ Sections 302, 303, and 311, SWM
Standards
|
All provisions apply
|
|
Article III, §§ 301, 304, 305, 306, 307, 308,
309, and 310, SWM Standards
|
Exempt if modified requirements of § 106D are applied
|
|
Article IV, SWM Site Plan Requirements
|
Exempt if modified requirements of § 106D are applied
|
|
Article V, Performance, Inspection and As-Builts
|
Exempt if modified requirements of § 106D are applied
|
|
Article VI, Fees and Expenses
|
Exempt if modified requirements of § 106D are applied
|
|
Article VII, O&M and Easements
|
Exempt if modified requirements of § 106D are applied
|
|
Article VIII, Prohibitions
|
All provisions apply
|
|
Article IX, Enforcement; Violations and Penalties
|
All provisions apply
|
|
Other erosion, sediment and pollution control requirements
|
Must comply with 25 Pa. Code Chapter 102 and other applicable
state and municipal codes, including the Clean Streams Law
|
|
NOTES:
| ||
|---|---|---|
|
•
|
"Modified requirements": Regulated activities listed within
the subsections of this ordinance noted in Table 106.2 are eligible
for exemption only from the indicated sections and subsections of
this ordinance and only if the modified requirements of § 106D
are met to the satisfaction of the municipality; all other provisions
of this ordinance apply.
| |
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this ordinance is hereby repealed to
the extent of the inconsistency only.
If any sentence, clause, section or part of this ordinance is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this ordinance. It is hereby declared the intent of the
governing body of the municipality that this ordinance would have
been adopted had such unconstitutional, illegal or invalid provision,
sentence, clause, section or part thereof not been included herein.
A.
Approvals issued and actions taken pursuant to this ordinance do
not relieve the applicant of the responsibility to secure and comply
with other required permits or approvals for activities regulated
by any other applicable code, rule, act, law, regulation, or ordinance.
B.
To the extent that this ordinance imposes more rigorous or stringent
requirements for stormwater management than any other code, rule,
act, law, regulation or ordinance, the specific requirements contained
in this ordinance shall take precedence.
C.
Nothing in this ordinance shall be construed to affect any of the
municipality's requirements regarding stormwater matters that do not
conflict with the provisions of this ordinance, such as local stormwater
management design criteria (e.g., inlet spacing, inlet type, collection
system design and details, outlet structure design, etc.). The requirements
of this ordinance shall supersede any conflicting requirements in
other municipal ordinances or regulations.
For all activities requiring submittal of a SWM site plan that
involve subdivision or land development, the applicant shall post
financial security to the municipality for the timely installation
and proper construction of all stormwater management facilities as
required by the approved SWM site plan and this ordinance, and such
financial security shall:
A.
Be equal to or greater than the full construction cost of the required
facilities except to the extent that financial security for the cost
of any of such improvements is required to be and is posted with the
Pennsylvania Department of Transportation in connection with a highway
occupancy permit application; and
A.
General. The requirements of this ordinance are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this ordinance on the site, the municipality may approve measures other than those in this ordinance, subject to Subsections B and C.
B.
The governing body shall have the authority to waive or modify the
requirements of one or more provisions of this ordinance upon review
and comment by the Township Planning Commission following review by
the Township Engineer, if the literal enforcement will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that such modification will not be contrary to
the public interest and that the purpose and intent of the ordinance
is observed. Cost or financial burden shall not be considered a hardship.
Modification may also be considered if an alternative standard or
approach can be demonstrated to provide equal or better achievement
of the results intended by the ordinance. A request for modification
shall be in writing and accompany the SWM site plan submission. The
request shall state in full the grounds and facts on which the request
is based, the provision or provisions of the ordinance involved and
the minimum modification necessary.
C.
PADEP approval required. For any proposed regulated activity involving
earth disturbance equal to or greater than one acre, the municipality
may approve measures for minimum volume and infiltration control other
than those required in this ordinance only after consultation with
and evaluation by PADEP that the alternate site design meets state
water quality requirements and does not conflict with state law, including,
but not limited to, the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
et seq.
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 and shall constitute a violation of this ordinance.
