This chapter is enacted and ordained by the authority of the Pennsylvania Storm Water Management Act (167 of 1978); the Pennsylvania Clean Streams Act of 1937 (P.L. 1987, No. 394); Pennsylvania Title 25, Chapter 102; and the Pennsylvania Second Class Township Code, Article XXVII.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.;
35 P.S. § 691.1 et seq.; 25 Pa. Code Chapter 102; and 53
P.S. § 67701 et seq., respectively.
The municipality 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,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The governing body of the municipality finds that:
A.
Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, increases the cost of public facilities to carry and
control stormwater, undermines floodplain management and flood-control
efforts in downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases pollution of water resources.
B.
Reasonable regulation of connections and discharges to municipal
separate storm sewer systems is fundamental to the public health,
safety, and welfare and the protection of people of the commonwealth,
their resources, and the environment.
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES). Permittees are required to enact, implement, and enforce
a prohibition of nonstormwater discharges to the permittee's
regulated small municipal separate storm sewer systems (MS4s).
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 140B-3 of this chapter, through provisions designed to:
A.
Establish minimum requirements and procedures to control the adverse
impacts associated with increased stormwater runoff, erosion and sedimentation.
B.
Address flooding and erosion problems identified in all the watersheds
in Upper Merion Township.
C.
Utilize, preserve and enhance the desirable existing natural drainage
systems within the Township.
D.
Improve quality of streams and watercourses in the Township.
E.
Provide proper operation and maintenance of all stormwater management
facilities and BMPs that are implemented within the municipality.
F.
Maintain groundwater recharge (where it will not adversely impact
the geology of the area) to prevent degradation of surface water and
groundwater quality and to otherwise protect water resources.
G.
Provide standards to meet NPDES MS4 permit requirements.
H.
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.
I.
Prevent scour and erosion of stream banks and streambeds.
A.
This chapter shall apply to all land developments and subdivisions. This chapter shall apply to all uses which are not covered by Stormwater, Grading and Erosion Control Ordinance Chapter 140A, including but not limited to commercial, administrative, research, industrial, institutional, multifamily and multiplex dwellings.
B.
Relationship with other restrictions. Permits and approvals issued
pursuant to this chapter do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
another applicable code, rule, act or ordinance. If more-stringent
requirements concerning regulation of stormwater or erosion and sedimentation
control are contained in the other code, rule, act or ordinance, the
more-stringent regulation shall apply.
C.
All activities related to proper operation and maintenance of approved
stormwater management BMPs and/or all activities that may contribute
nonstormwater discharges to a regulated small MS4 are subject to regulation
by this chapter.
D.
This chapter shall apply to new and/or relocated roof drains.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any remaining provisions of this chapter.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation, or ordinance.
Any permit or approval issued 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.
A.
For the purposes of this chapter, certain terms and words used herein
shall be interpreted as follows:
(1)
Words used in the present tense include the future tense; the
singular number includes the plural, and the plural number includes
the singular; words of masculine gender include feminine gender, and
words of feminine gender include masculine gender.
(2)
The word "includes" or "including" shall not limit the term
to the specific example but is intended to extend its meaning to all
other instances of like kind and character.
(3)
The words "shall" and "must" are mandatory; the words "may"
and "should" are permissive.
B.
ALTERATIONS
APPLICANT
BEDROCK
BEST MANAGEMENT PRACTICE (BMP)
BORROW PIT
CONSERVATION DISTRICT
DEP
DESIGN STORM
DETENTION BASIN
DEVELOPER
DEVELOPMENT
EARTH DISTURBANCE
EARTH DISTURBANCE ACTIVITY
EARTHMOVING
EROSION
EXCAVATION
EXISTING GRADE
FILL
FINISHED GRADE
FLOODPLAIN
GRADING
GROUNDWATER RECHARGE
IMPERVIOUS SURFACE
INFILTRATION STRUCTURE
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
MUNICIPALITIES PLANNING CODE
MUNICIPALITY
NATURAL GROUND SURFACE
NONSTORMWATER DISCHARGE
NPDES
NRCS
OPEN-PIT MINING
PEAK DISCHARGE
PERSON
RATIONAL METHOD
REGULATED ACTIVITIES
RETENTION BASIN
RUNOFF
SEDIMENT
SEDIMENTATION BASIN
SEEPAGE BED
SEMIPERVIOUS SURFACE
SITE
SOIL
SOIL-COVER COMPLEX METHOD
STABILIZATION
STATE WATER QUALITY REQUIREMENTS
STORM SEWER
STORMWATER
STORMWATER ACTIVITY
STORMWATER MANAGEMENT
STREAM
STRIPPING
SUBDIVISION
UNDERGROUND STORMWATER STORAGE
USDA
WATERCOURSE
WATERSHED
WATERS OF THIS COMMONWEALTH
WETLANDS
The following words and phrases, when used in this chapter, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section. All words and terms not defined herein
shall be used with a meaning of standard usage.
As applied to land, a change in topography as a result of
the moving of soil and/or rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; earth disturbance.
A landowner or developer who has filed an application for
a zoning permit or subdivision approval.
The solid, undisturbed rock in place either at the ground
surface or beneath surficial soil deposits.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this chapter. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this chapter, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff, whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands to small-scale underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
An open pit from which soil is excavated as a single incident
for use at a single construction site.
The Montgomery County Conservation District. A conservation
district, as defined in Section 3(c) of the Conservation District
Law [3 P. S. § 851(c)] that has the authority under a delegation
agreement executed with DEP to administer and enforce all or a portion
of the regulations promulgated under 25 Pa. Code Chapter 102.
The Pennsylvania Department of Environmental Protection.
The magnitude of precipitation from a storm event against
which stormwater management facilities shall be designed as protection,
measured in probability of occurrence/frequency (e.g., ten-year storm)
and duration (e.g., twenty-four-hour).
A structure formed from soil or other material which is designed
to temporarily detain a certain amount of stormwater runoff from a
designated watershed area.
Any record owner of land or authorized agent of such landowner
who files application to make or cause or makes or causes to be made
a subdivision of land or a land development. Written evidence of authority
to act for the record owner shall be filed with the application or
plan when signed by a person other than the record owner.
Any man-made change to improved or unimproved real estate,
including but not limited to land development; the construction of
buildings or other structures; and the placement of mobile homes,
streets and other paving, utilities, mining, dredging, filling, grading,
excavation or drilling operations.
Changes in the contour of the land, grading, excavating,
removal or destruction of the topsoil or removal of trees or other
vegetative cover of the land.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials. Earth disturbance activity is subject to regulation
under 25 Pa. Code Chapter 92,[1] 25 Pa. Code Chapter 102, or the Clean Streams Law.
Any act by which soil or bedrock is cut into, quarried, displaced
or relocated.
The removal of surface materials by the action of natural
elements.
An act by which earth, sand, gravel, rock or any other material
is removed, dug out, grubbed, hollowed out or moved from an existing
location.
The vertical elevation of the ground surface prior to earthmoving
or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions resulting therefrom.
The final vertical elevation of the ground after development.
The changing of the grade of the existing ground surface
of the site by excavation or filling or a combination of both.
Replenishment of geologic structures and rock or soil interstices
which have the capacity to store water.
Material which is impenetrable to or unable to absorb water,
including but not limited to buildings, structures and paved areas
(driveways, parking lots, etc.).
A structure designed to direct the flow of rain into storage
in geologic structures, e.g., french drains, seepage pits.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
The addition of any impervious or semipervious material to a
nonresidential lot or residential lot, except a single-family detached
residential lot.
A subdivision of land.
The Act of July 31, 1968, P.L. 805, No. 247, as amended (53
P.S § 10101 et seq.).
Upper Merion Township, Montgomery County, Pennsylvania.
The ground surface in its original state before any earthmoving,
filling, stripping or other development activity.
Any discharge that does not fall under the definition of
"stormwater," including but not limited to sewage, processed wastewater,
washwater, sump pump discharge, pool water, and groundwater.
National Pollutant Discharge and Elimination System.
Natural Resources Conservation Service, United States Department
of Agriculture, previously known as the "Soil Conservation Service
(SCS)."
The continuing or recurring removal of material from below
the ground surface by open excavation.
The maximum rate at which stormwater discharges or leaves
a site at a given point and time resulting from a specified storm
event. Peak discharge shall be measured in cubic feet per second.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, Commonwealth
of Pennsylvania agency or any combination thereof.
A method for computing quantities of stormwater runoff. The
Rational Formula relates runoff to rainfall by the following:
|
Q = CIA
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Where:
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Q
|
=
|
Peak runoff rate in cubic feet per second.
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C
|
=
|
Runoff coefficient (assumed dimensionless), often taken as a
fraction of rainfall that runs off.
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|
I
|
=
|
Design rainfall intensity in inches per hour lasting for a critical
time equal to the time of concentration.
| ||
|
A
|
=
|
Drainage area in acres.
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Any activities that may affect stormwater runoff and any
activities that may contribute nonstormwater discharges to a regulated
small MS4.
A structure formed from soil or other material which is designed
to retain permanently a certain amount of stormwater from a designated
watershed area and which also may be designed to detain water from
a designated watershed area. Retention basins also may receive fresh
water from year-round streams. Unlike detention basins, retention
basins always contain water and thus may be considered man-made lakes
or ponds.
The surface water discharge of a given watershed after a
fall of rain or snow that does not enter the soil but runs off the
surface of the land.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water.
A basin located and designed to retain rock, sand, gravel,
silt or other water-transported material. Sedimentation basins are
intended to provide a control structure that prevents sediment pollution.
Any device which directs stormwater for infiltration into
the ground.
Material which is initially slightly penetrable by water
when first constructed but which becomes impervious or mostly impervious
over time.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where grading work is continuous
and performed at the same time.
All earth material of whatever origin that overlies bedrock.
A mathematical method of runoff computation developed by
the NRCS of the United States Department of Agriculture as published
in the 1986 or latest edition of Urban Hydrology for Small Watersheds
(Technical Release No. 55).
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding or other movement.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
A system of pipe or other conduits which carries intercepted
surface runoff, street water or drainage, excluding domestic sewage
and industrial wastes.
The runoff from the surface of the land resulting from precipitation,
snow or ice melt. This includes runoff from roofs and other impervious
surfaces.
The construction of stormwater facilities to control stormwater.
The set of actions taken to control water in its hydrological
cycle with the objective of providing surface drainage and flood control,
erosion and sedimentation control and achieving a reduction of pollutants
in stormwater runoff.
A natural body of water draining a watershed to a river.
In Upper Merion, only bodies of water identified as streams on the
most recent version of the United States Geological Survey (USGS)
7 1/2-minute quadrangles shall be considered streams.
The removal of vegetation, including trees and/or topsoil.
Stripping shall not include, or be deemed to include, the normal process
of gardening or property maintenance.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The temporary storage of runoff in a buried structure.
United States Department of Agriculture.
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.
The entire region or area drained by a river or other body
of water, whether natural or artificial; a drainage basin or subbasin.
For Upper Merion Township, watersheds are identified in the Township-Wide
Stormwater Management Plan.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this commonwealth.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs and similar areas. The term includes, but is not limited to,
wetland areas listed in the State Water Plan, the United States Fish
and Wildlife Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and any wetland area designated by a
river basin commission.
