This chapter shall be known and may be cited as the "Neshaminy
Creek Watershed Stormwater Management Ordinance" (aka Neshaminy/Little
Neshaminy Stormwater Management Ordinance).
The governing body of the municipality 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 stream banks, 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 the municipality 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).
The purpose of this chapter 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 § 164-2 of this chapter, 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 water 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 stream banks 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 the municipality.
The municipality is empowered to regulate land use activities
that affect runoff, surface water and groundwater quality and quantity
by the authority of:
A.
All regulated activities and all activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter.
B.
Regulated activities include, but are not limited to:
(1)
Land development;
(2)
Subdivisions;
(3)
Prohibited or polluted discharges;
(4)
Alteration of the natural hydrologic regime;
(5)
Construction or reconstruction of or addition of new impervious or
semipervious surfaces (e.g., driveways, parking lots, roads, etc.),
except for reconstruction of roads where there is no increase in impervious
surface;
(6)
Construction of new buildings or additions to existing buildings;
(7)
Redevelopment;
(8)
Diversion piping or encroachments in any natural or man-made channel;
and
(9)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto.
A.
Regulated activities that create impervious surfaces smaller than or equal to 1,000 square feet do not have to apply the volume control requirements of this chapter. Regulated activities of this size are exempt from the peak rate control requirements and the SWM site plan preparation located in Article IV of this chapter. If the activity is found to be a significant contributor of pollution to the waters of this commonwealth, the municipality may enforce any of the above requirements.
B.
Regulated activities that create impervious surfaces greater than
1,000 square feet, up to and including 5,000 square feet, are exempt
only from the peak rate control requirements of this chapter.
|
Table 106.1
Impervious Surface Exemption Thresholds for the Neshaminy
Creek Watershed
| |||||
|---|---|---|---|---|---|
|
Proposed Impervious Surface
(square feet)
| |||||
|
Chapter Article or Section
|
Type of Project
|
0 to 1,000
|
More than 1,000 to 5,000
|
More than 5,000
| |
|
Article IV, SWM Site Plan Requirements
|
Development
|
Exempt
|
Not exempt
|
Not exempt
| |
|
§ 164-14, volume control requirements
|
Development
|
Not applicable
|
Not exempt
|
Not exempt
| |
|
§ 164-15, peak rate control requirements
|
Development
|
Exempt
|
Exempt
|
Not exempt
| |
|
Erosion and sediment pollution control requirements
|
Must comply with Title 25, Chapter 102 of the Pa. Code and any
other applicable state, county and municipal codes
| ||||
C.
Agricultural activity is exempt from the peak rate control requirements
and SWM site plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
D.
Forest management and timber operations are exempt from the peak
rate control requirements and SWM site plan preparation requirements
of this chapter, provided the activities are performed according to
the requirements of 25 Pa. Code Chapter 102.
E.
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Township is exempt.
F.
The use of land for gardening and/or landscaping for home consumption
is exempt from the requirements of this chapter.
H.
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)
Drainage problems. Where drainage problems are documented or known
to exist downstream of or are expected from the proposed activity,
the municipality may deny exemptions.
(3)
Exemptions are limited to specific portions of this chapter.
(4)
HQ and EV streams. The municipality may deny exemptions in high quality
(HQ) or exceptional value (EV) waters and source water protection
areas (SWPA).
Any other ordinance or ordinance provision of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
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.
