This chapter shall be known as the "Collingdale Borough Stormwater
Management Ordinance."
The Borough Council of the Borough finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing 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 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 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 a 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 of 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 base flow, 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 Borough.
The purpose of this chapter is to promote the public health, safety and welfare within the municipality by maintaining the natural hydrologic regime and minimizing the impacts described in § 513-2 of this chapter 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 runoff 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 water and groundwater quality, and
to otherwise protect water resources.
J.
Maintain existing base flows and quality of streams and watercourses,
where possible.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4.a requiring protection
and maintenance of "existing uses" and maintenance of the level of
water quality to support those uses in all streams and the protection
and maintenance of water quality in "special protection" streams.
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 stream banks 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 Borough.
The Borough is empowered to regulate land use activities that
affect runoff and surface water and groundwater quality and quantity
by the authority of:
A.
This chapter shall apply to all areas of the Borough.
B.
This chapter shall only apply to permanent structural and nonstructural
stormwater management BMPs constructed as part of any of the regulated
activities listed in this section.
C.
This chapter contains only the stormwater management performance
standards and design criteria that are necessary or desirable from
a watershed-wide perspective. Local stormwater management 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 ordinances and applicable state regulations.
D.
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 513-6:
(1)
Land development;
(2)
Subdivisions;
(3)
Alteration of the natural hydrologic regime;
(4)
Construction or reconstruction of or addition of new impervious or
semipervious surfaces (i.e., driveways, parking lots, roads, etc.);
(5)
Construction or reconstruction of or addition of new impervious or
semipervious surfaces (i.e., driveways, parking lots, roads, etc.);
(6)
Construction of new buildings or additions to existing buildings;
(7)
Redevelopment;
(8)
Diversion piping or encroachments in any natural or man-made channel;
(9)
Nonstructural and structural stormwater management BMPs or appurtenances
thereto;
(10)
Earth disturbance activities of greater than 5,000 square feet;[1] and
[1]
Editor's Note: This chapter applies to any earth disturbance activity greater than or equal to 5,000 square feet that is associated with a development or redevelopment project. Earth disturbance activities of less than one acre that are associated with redevelopment projects are exempt from the § 513-22 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
(11)
Any of the above regulated activities which were approved more
than five years prior to the effective date of this chapter and resubmitted
for municipal approval.
E.
The Table of Ordinance Applicability summarizes the applicability
requirements of this chapter.[2] "Proposed impervious surface" in the table includes new,
additional or replacement impervious surface/cover. Repaving existing
surfaces without reconstruction does not constitute "replacement."
[2]
Editor's Note: The Table of Ordinance Applicability is attached to this chapter.
A.
Exemptions for land use activities. The following land use activities
are exempt from the drainage plan submission requirements of this
chapter:
(1)
Use of land for gardening for home consumption.
(2)
Agriculture, when operated in accordance with a conservation plan,
nutrient management plan, or erosion and sedimentation control plan
approved by the 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 earth disturbance of greater
than 5,000 square feet shall be subject to the provisions of this
chapter.
(3)
Forest management operations which are following the Department of Environmental Protection's (DEP) management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved erosion and sedimentation plan and must comply with the stream buffer requirements in § 513-21G.
(4)
Road replacement development, or redevelopment that has less than
2,000 square feet of new, additional or replaced impervious surface/cover
or, in the case of earth disturbance only, less than 5,000 square
feet of disturbance, is exempt from this chapter.
B.
Exemptions for land development activities. The following land development
and earthmoving activities are exempt from the drainage plan submission
requirements of this chapter:
(1)
A maximum of 2,000 square feet of new, additional, or replacement
proposed impervious surface or, in the case of earth disturbance,
resulting in less than 2,000 square feet of impervious cover (as noted
above).
(2)
Up to a maximum of 5,000 square feet of disturbed earth. These criteria
shall apply to the total development even if the development is to
take place in phases. The date of the municipal ordinance adoption
shall be the starting point from which to consider tracts as "parent
tracts" upon which future subdivisions and respective earth disturbance
computations shall be cumulatively considered. The activities exempted
above are still encouraged to implement the voluntary stormwater management
practices as indicated in Appendix B.[1] The developer should first determine if the proposed activity
will result in the introduction of 2,000 square feet or more of new,
additional or replacement impervious surface. If not, the developer
should next determine if the proposed activity will involve earthmoving
of over 5,000 square feet. If not, then the project is exempt from
the drainage plan requirements. Examples:
(a)
A project introducing 2,100 square feet of impervious cover
but only 4,900 square feet of earthmoving is regulated by this chapter.
(b)
A project involving 5,100 square feet of earthmoving but resulting
in 1,900 square feet of impervious cover is regulated.
(c)
A project introducing 1,900 square feet of impervious cover
and involving 4,900 square feet of earthmoving is exempt from the
drainage plan requirements of this chapter.
[1]
Editor's Note: Appendix B and other appendixes referenced
in this chapter are on file in the Borough's offices.
C.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety and property.
(2)
HQ and EV streams. An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 513-19).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of or is expected from the proposed activity, then
the Borough may requires the applicant to comply with this chapter.
(4)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety and welfare. A written description
of the scope and extent of any emergency work performed shall be submitted
to Collingdale Borough within two calendar days of the commencement
of the activity. If Collingdale Borough finds that the work is not
an emergency, then the work shall cease immediately, and the requirements
of this chapter shall be addressed as applicable.
(5)
Maintenance exemption: any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Borough Engineer or Collingdale Borough.
(6)
Even though the developer is exempt, he is not relieved from complying
with other regulations.
A.
Approvals issued pursuant to this chapter 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.
B.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
C.
Nothing in this chapter shall be construed to affect any of the Borough's
requirements regarding stormwater matters that do not conflict with
the provisions of this chapter, 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 chapter addressing state water quality
requirements.
