[Ord. 07-07, 7/23/2007, § 101]
This chapter shall be known as the "New Hanover Township Stormwater
Management Ordinance."
[Ord. 07-07, 7/23/2007, § 102]
1.
The New Hanover Township Board of Supervisors 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 stream beds 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 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 New Hanover
Township 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 New Hanover
Township.
I.
The use of green infrastructure and low impact development (LID)
is intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
predevelopment hydrology. LID shall meet the minimum requirements
set forth in this chapter and the Pennsylvania Stormwater Best Management
Manual, latest edition.
[Added by Ord. No. 22-08, 12/1/2022]
J.
Subdivision and land development applications shall be required to
implement a minimum of three structural and nonstructural BMPs.
[Added by Ord. No. 22-08, 12/1/2022]
[Ord. 07-07, 7/23/2007, § 103]
1.
The purpose of this chapter is to promote the public health, safety, and welfare within New Hanover Township by maintaining the natural hydrologic regime and minimizing the impacts described in § 23-102 of this chapter through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface 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 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, Chapter 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 New Hanover Township's
separate storm sewer system.
O.
Preserve the flood-carrying capacity of streams.
P.
Prevent scour and erosion of stream banks and stream beds.
R.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
S.
Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented in New Hanover
Township.
[Ord. 07-07, 7/23/2007, § 104]
1.
New Hanover Township is empowered to regulate land use activities
that affect runoff and surface and groundwater quality and quantity
by the authority of:
A.
Act of October 4, 1978, 32 P.S., P.L. 864, Act 167, § 680.1
et seq., as amended, the Stormwater Management Act (hereinafter referred
to as "the Act").
B.
Water Resources Management Act of 2002, 27 Pa.C.S.A. § 3101
et seq., as amended.
C.
Second Class Township Code, 53 P.S. §§ 66501 et seq.,
66601 et seq.
D.
Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101
et seq., as amended.
[Amended by Ord. No. 22-08, 12/1/2022]
1.
This chapter shall apply to the entire geographic area. 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.
2.
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 23-106:
A.
Land development.
B.
Subdivisions.
C.
New development.
D.
Alteration of the natural hydrologic regime.
E.
Construction or reconstruction of or addition of new impervious or
semipervious surfaces (i.e., driveways, parking lots, roads, etc.).
F.
Construction of new buildings or additions to existing buildings.
G.
Redevelopment.
H.
Diversion piping or encroachments in any natural or man-made channel.
I.
Nonstructural and structural stormwater management BMPs or appurtenances
thereto.
J.
Earth disturbance activities.
K.
Any of the above regulated activities that were approved more than
five years prior to the effective date of this chapter and resubmitted
for municipal approval.
L.
Prohibited or Polluted Discharges. Stormwater which is proposed to directly discharge to a stormwater conveyance facility which does not have the capacity to accommodate a 100-year-frequency storm, upon determination of the Municipal Engineer, shall not be considered an exemption as defined under § 23-106.
3.
Table 23-105.1 summarizes the applicability requirements of this
chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[Ord. 07-07, 7/23/2007, § 106; as amended by Ord. No. 22-08, 12/1/2022]
1.
Requirements for Exempt Activities.
A.
An exemption from any requirements of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter or from implementing such measures as are necessary
to protect public health, safety, welfare, property, and water quality.
B.
An exemption shall not relieve the applicant from complying with
the requirements of state-designated special protection water 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.
C.
An exemption under this chapter shall not relieve the applicant from
complying with all other applicable municipal ordinances or regulations.
2.
General Exemptions.
A.
Regulated activities that involve 1,000 square feet or less of regulated impervious surface and less than 5,000 square feet of earth disturbance, or are listed in Subsection 3, are exempt from those (and only those) requirements of this chapter per Table 23-105.1.[1]
Exemptions are for the items noted in Table 23-105.1 only and
shall not relieve the landowner from other applicable requirements
of this chapter. Exemption shall not relieve the applicant from implementing
such measures as are necessary to protect health, safety, welfare,
property, and water quality.
[Amended by Ord. No. 2023-01, 9/7/2023]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Regulated activities associated with residential development projects that create impervious surfaces between 1,001 square feet up to and including 3,000 square feet are exempt from the SWM site plan or PCSM plan preparation requirements in § 23-302, provided that the applicant complies with the simplified stormwater BMP requirements provided in Appendix 23-H of this chapter unless the activity is determined by the Township to be a significant contributor of pollution to the waters of this commonwealth.
[Added by Ord. No. 2023-01, 9/7/2023]
C.
Regulated activities that involve the installation of nonstructural
and structural stormwater BMPs or appurtenances thereto, installed
for the sole purpose of resolving existing drainage issues, are exempt
from the requirements of this chapter conditioned upon the proposed
BMPs are designed and constructed in strict compliance with the PA
BMP Manual guidelines and that a grading permit is issued by the Township.
In granting this exemption, the applicant shall acknowledge, in writing,
that the proposed BMP shall only be used to address existing drainage
issues and/or to improve the drainage on the subject parcel and shall
be prohibited from use in providing stormwater management for future
regulated impervious surface areas.
[Added by Ord. No. 2023-01, 9/7/2023]
D.
Regulated activities that are located within the tributary drainage
area of a previously approved and constructed stormwater management
facility, which meets the requirements of this chapter, are exempt
from the requirements of this chapter provided that the applicant
submits documentation that verifies that the existing facility has
been designed and constructed to meet the applicable release rate
and volume control requirements of this chapter. In situations where
only the peak rate control requirements have been addressed by the
previously construction stormwater management facility, the applicant
will only be exempt from the peak rate control requirements.
[Added by Ord. No. 2023-01, 9/7/2023]
3.
Exemptions for Specific Activities.
A.
The following activities are exempt from the stormwater management
(SWM) site plan submission requirements of this chapter.
(1)
Agricultural activities, as defined by this chapter, are exempt
from the SWM site plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
(2)
High tunnels are exempt from the requirements of this chapter
if:
(a)
The high tunnel or its flooring does not result in an impervious
surface exceeding 25% of all structures located on the landowner's
total contiguous land area; and
(b)
The high tunnel meets one of the following:
1)
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road, or neighboring property line.
2)
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%.
(3)
Forest Management. Forest management operations which are consistent with a sound forest management plan as filed with the municipality and which comply with the DEP'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 § 23-403 of this chapter and are operating under an approved erosion and sedimentation control plan and must comply with the riparian buffer requirements in § 23-406, Subsection 1H.
(4)
Maintenance of Existing Gravel and Paved Surfaces. Replacement
or resurfacing of existing gravel and paved surfaces to the extent
that they existed on or before July 23, 2007, or as have been subsequently
approved by New Hanover Township, shall be exempt from all requirements
of this chapter as summarized in Table 23-105.1,[3] except that all such activities shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and § 23-403 of this chapter.
[3]
Editor's Note: Said table is included as an attachment to this chapter.
(5)
Municipal Roadway Shoulder Improvements. Shoulder improvements
conducted within the existing roadway cross section of municipally
owned roadways, unless an NPDES permit is required, in which case
the proposed work must comply with all requirements of this chapter.
(6)
In-Place Replacement of Residential Dwelling Unit. The replacement
in the exact footprint of an existing one- or two-family dwelling
unit.
(7)
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. For consideration of this exemption,
the applicant shall submit a plan with the building/zoning permit
application which clearly shows existing impervious coverage, proposed
impervious coverage located within the exact existing impervious coverage
footprint, and proposed impervious coverage located outside of the
existing impervious coverage footprint. This plan shall note the latter
proposed impervious coverage as "regulated impervious coverage."
B.
The activities exempted above are still encouraged to implement the
voluntary stormwater management practices as indicated in Appendix
23-A.[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
4.
Additional Exemption Criteria.
A.
Exemption Responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
B.
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 (§ 23-404).
C.
Emergency Exemption. Emergency maintenance work performed for the
protection of public health, safety, and welfare. This exemption is
limited to repair of the existing stormwater management 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 New Hanover Township within two calendar days
of the commencement of the activity. If New Hanover Township 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.
D.
Maintenance Exemption. Any maintenance to an existing stormwater
management facility, BMP, or conveyance made in accordance with plans
and specifications approved by the Municipal Engineer or New Hanover
Township.
E.
Use of land for gardening for home consumption.
F.
Exemption from the requirement as referenced in this section shall
not relieve the applicant from compliance with other applicable local,
state, or federal requirements.
[Ord. 07-07, 7/23/2007, § 109; as amended by Ord. No. 22-08, 12/1/2022]
1.
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.
2.
In the event of conflict between the regulations of this chapter
and other Township ordinances for stormwater management, the more
vigorous or more stringent requirements shall be followed. The determination
of which regulations are more rigorous or stringent shall be determined
by the Municipal Engineer.
3.
Nothing in this chapter shall be construed to affect any of New Hanover
Township'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.
[Added by Ord. No. 22-08, 12/1/2022]
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 New Hanover Township purporting to validate such a violation.
[Added by Ord. No. 22-08, 12/1/2022]
2.
Waivers or modifications of the requirements of this chapter may
be approved by New Hanover Township if enforcement will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that the modifications will not be contrary to
the public interest and that the purpose of the chapter is preserved.
Cost or financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the chapter. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the chapter involved
and the proposed modification.
3.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by New Hanover Township unless that action is approved in advance
by the DEP or the Conservation District.
