The title of this chapter shall be the Lower Providence Stormwater
Management Ordinance.
The Board of Supervisors of Lower Providence Township 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, degrades water
quality, 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.
A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
erosion, is fundamental to the public health, safety, welfare, and
the protection of the people of the Township and all the people of
the Commonwealth, their resources, and the environment.
C.
Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime and sustain high water quality,
groundwater recharge, stream baseflow, and aquatic ecosystems. The
most cost-effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing topography and
soils to maintain the natural hydrologic regime.
D.
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 streambanks, thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
E.
The aforementioned impacts happen mainly through a decrease in natural
infiltration of stormwater.
F.
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.
G.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a federal permit for stormwater discharges from their separate
storm sewer systems under the National Pollutant Discharge Elimination
System (NPDES).
I.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Lower Providence Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 129-2 of this chapter through provisions designed to:
A.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code Chapter 93.4a to protect and maintain existing uses
and maintain the level of water quality to support those uses in all
streams, and to protect and maintain water quality in special protection
streams.
B.
Promote nonstructural best management practices (BMP).
C.
Minimize increases in stormwater volume and control peak flow.
D.
Minimize impervious surfaces.
E.
Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
F.
Utilize and preserve the existing natural drainage systems.
G.
Maintain the predevelopment volume of groundwater recharge and prevent
degradation of groundwater quality.
H.
Maintain the predevelopment peak and volume of stormwater runoff
and prevent degradation of surface water quality.
I.
Minimize nonpoint source pollutant loadings to the ground and surface
waters.
J.
Minimize impacts on stream temperatures.
K.
Maintain existing flows and quality of streams and watercourses in
the Township and the commonwealth.
L.
Preserve and restore the flood-carrying capacity of streams.
M.
Provide proper operations and maintenance of all permanent stormwater
management facilities and best management practices that are implemented
in the Township.
N.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
O.
Provide review procedures, performance standards, and design criteria
for stormwater planning and management.
P.
Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
Q.
Infiltrate stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
R.
Prevent streambank and streambed scour and erosion.
S.
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) Permit requirements.
T.
Address certain requirements of the municipal separate stormwater
sewer system (MS4) NPDES Phase II Stormwater Regulations.
U.
Implement an illicit discharge detection and elimination program
to address nonstormwater discharges into the MS4.
The Township is empowered to regulate land use activities that
affect runoff by the authority of the Act of October 4, 1978 32 P.S.,
P.L. 864 (Act 167) Section 680.1 et seq., as amended, the "Storm Water
Management Act";[1] by the Authority of Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as amended by Act 170 of 1988, as further amended
by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101;[2] and by the authority of the Pennsylvania Second-Class
Township Code.[3]
A.
This chapter shall apply to all areas of the Township that are located
within the Skippack Creek, Perkiomen Creek, Stony Creek, Mine Run,
Schuylkill River, and the Indian Creek Watersheds.
B.
All construction and development activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter.
C.
This chapter shall apply to temporary and permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities which are specifically not
regulated by this chapter shall continue to be regulated under existing
laws and ordinances.
D.
This chapter contains the stormwater management performance standards
and design criteria that are necessary or desirable from a watershed-wide
perspective. 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 applicable ordinances,
where not specifically identified herein.
E.
The following activities are defined as "regulated activities" and shall be regulated by this chapter except as may be exempt from provisions of this chapter pursuant to § 129-6:
(1)
Land development.
(2)
Subdivision.
(3)
Prohibited or polluted discharges.
(4)
Alteration of the natural hydrologic regime.
(5)
Construction of new or additional impervious surfaces (e.g., driveways,
parking lots, etc.) which cumulatively exceed 1,200 square feet in
area since the date of adoption of this chapter.
(6)
Construction of new buildings or additions to existing buildings
which cumulatively exceed 1,200 square feet of impervious surface
area since the date of adoption of this chapter.
(7)
Redevelopment.
(8)
Diversion piping or encroachments in any natural or man-made stream
channel.
(9)
Nonstructural and structural stormwater management Best Management
Practices (BMPs) or appurtenances thereto.
(10)
Temporary storage of impervious or pervious material (rock,
soil, etc.) where ground contact exceeds 5% of the lot area or 5,000
square feet (whichever is less), and where the material is placed
on slopes exceeding 8%.
A.
Exemption from any provision of this chapter shall not relieve the
applicant from all other applicable requirements of this chapter,
as identified herein.
B.
The following regulated activities, not proposed in conjunction with
a subdivision or land development, are exempt from the requirements
of this chapter (except where otherwise identified, herein):
(1)
Installation of 1,200 square feet or less of cumulative impervious
surface area since the date of adoption of this chapter.
(2)
Use of land for gardening for home consumption.
(3)
Agricultural activities when operated in accordance with a conservation
plan, nutrient management plan, or erosion and sedimentation control
plan approved by the Montgomery County Conservation District, including
activities such as growing crops, rotating crops, tilling of soil,
and grazing of animals.
(4)
Forest management operations following the Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry" and
operating under an erosion and sedimentation control plan approved
by the Montgomery County Conservation District and which have zoning
approval from Lower Providence Township.
(5)
Public road replacement, replacement paving, repaving and/or maintenance,
and roadway shoulder improvements. This includes shoulder improvements
conducted within the existing roadway cross-section of municipally
owned roadways, provided said improvements do not result in the construction
of a new lane of travel. However, if the shoulder improvements require
an NPDES permit, the proposed work must comply with all the requirements
of this chapter.
(6)
Any aspect of BMP maintenance to an existing SWM system made in accordance
with plans and specifications approved by the Township.
(7)
Repair and reconstruction of on-lot sewage disposal systems where
work is performed in accordance with a valid permit issued by Montgomery
County Department of Health.
(8)
Lots that are part of an approved subdivision containing overall
subdivision stormwater management facilities, such as detention basins,
rain gardens, etc., are exempt from additional individual lot controls
if the total quantity of impervious surface area on the lot (existing
plus proposed) is equal to or less than that quantity allocated to
the lot in the stormwater management design approved in conjunction
with the subdivision.
(9)
Construction or reconstruction of buildings or additions to existing
buildings or other impervious surface (regulated activities) is exempt
where the following conditions are met:
(a)
An area of impervious surface is removed from the site so that
upon completion of the regulated activity the total increase of impervious
surface area is 1,200 square feet or less.
(b)
The area where existing impervious surface is removed pursuant to § 129-6B(9)(a) above must be restored with a minimum of six inches of topsoil and permanent vegetative groundcover.
(11)
Lot line adjustment subdivisions arc exempt when no increase
in impervious surface is proposed.
C.
Any regulated activity in Lower Providence Township not proposed in conjunction with a subdivision or land development, creating additional impervious surface area cumulatively in excess of 1,200 square feet (on the parent tract) but less than 7,500 square feet as identified in Table 129-6.1, and satisfying the setback criteria identified in Table 129-6.2 below are exempt from the release rate requirements of this chapter, but are required to submit a simplified stormwater management site plan, obtain a stormwater management permit (pursuant to Article IV of this chapter) and install an infiltration/volume control BMP in accordance with Lower Providence Township design and construction criteria to be provided by the Township at the time of permit application. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as parent tracts is the date of adoption of this chapter. All impervious surface areas constructed after the date of adoption of this chapter shall be considered cumulatively. Impervious surface area existing on the parent tract prior to this date shall not be included in cumulative impervious surface area summation for determination of an exempt regulated activity. Any area designated to be gravel or crushed stone shall be considered impervious surface unless it is part of a designed BMP. All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 129-6B and C and that are required to install an infiltration/volume control BMP in accordance with the Lower Providence Township design and construction criteria shall, at a minimum, submit the documentation identified pursuant to § 129-24 of this chapter to the Township for review and approval as a prerequisite to approval of a stormwater management permit and authorization to commence land disturbance activities. Regulated activities creating impervious surface area greater than the quantities referenced in Tables 129-6.1 and 129-6.2 are not exempt from the requirements of this chapter and shall submit a stormwater management site plan and permit application pursuant to Article IV of this chapter.
(1)
Regulated activities included within § 129-6C are exempt from certain provisions of this chapter where the cumulative amount of additional proposed impervious surface area and the location of the impervious surface area conform to the following tables, 129-6.1 and 129-6.2:
|
Table 129-6.1 - Maximum Exempt Impervious Surface Area
| |
|---|---|
|
Total Parcel Area
(acres)
|
Maximum Exempt Impervious Surface Area
(square feet)
|
|
Less than 0.50
|
1,200
|
|
0.50 to 1.0
|
2,500
|
|
More than 1.0 to 2.0
|
4,000
|
|
More than 2.0 to 5.0
|
5,000
|
|
More than 5.0
|
7,500
|
(2)
Maximum amount of impervious surface area permitted (pursuant to
Table 129-6.1) within a setback (excluding driveway access), measured
from the downslope property boundary, shall conform to the following
table:
|
Table 129-6.2 - Maximum Exempt Impervious Surface Area Permitted
within the Setback
| |
|---|---|
|
Minimum Setback*
(feet)
|
Maximum Exempt Impervious Surface Area Permitted within the
Setback
(square feet)
|
|
10
|
None permitted
|
|
20
|
1,000
|
|
50
|
2,500
|
|
100
|
4,000
|
|
200
|
5,000
|
|
500
|
7,500
|
|
NOTE:
| |
|
*
|
The "minimum setback" is defined as that distance between the
downslope property boundary (where surface stormwater runoff from
the regulated activity crosses that boundary) to the nearest point
of the proposed impervious improvements, or the stormwater control
structure discharge point, whichever is closer. Setback distances
may be adjusted at the discretion of the Township Engineer based upon
factors such as topography, surface flow path, soil conditions, and
location of structures.
|
(3)
Projects meeting the exemption criteria established by Tables 129-6.1 and 129-6.2 shall provide an infiltration/volume control facility capable of storing the first two inches of rainfall generated by the increase in impervious area. The facility, including all necessary construction details and calculations, shall be shown on the simplified stormwater management site plan. Tree planting may also be utilized toward volume control. See § 129-23 and Appendix E for plan requirements, examples of various standard facilities, and additional design criteria.[1]
[1]
Editor's Note: Said appendix is on file in the Township's
offices.
D.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety, and property.
(2)
Drainage problems. Where drainage problems are documented or known
to exist downstream of, or is expected from, the proposed activity,
the Township may deny an exemption.
(3)
HQ and EV streams. An exemption or partial exemption shall not relieve
the applicant from meeting special requirements for watersheds draining
to high quality (HQ) or exceptional value (EV) waters.
E.
All applicants seeking an exemption of stormwater management requirements based upon criteria contained in § 129-6C shall, at a minimum, submit documentation outlined in § 129-24 to the Township for review and approval of a stormwater management exemption and authorization to commence land disturbance activities.
Any Ordinance or Ordinance provision of the Township 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 viability 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.
The Lower Providence Township Board of Supervisors may grant
a modification of the requirements of one or more provisions of this
chapter 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 this chapter is observed.
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 the Township purporting to validate such a violation.
