[Ord. 2007-6, 6/5/2007, § 101]
This Part shall be known as the "Douglass Township Stormwater
Management Ordinance for the Swamp Creek Watershed."
[Ord. 2007-6, 6/5/2007, § 102]
1.
The Board of Supervisors of Douglass Township, Berks County, 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 the 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 baseflow 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 baseflow, 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 Township separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
[Ord. 2007-6, 6/5/2007, § 103]
1.
The purpose of this Part is to promote the public health, safety, and welfare within the Township by maintaining the natural hydrologic regime and minimizing the impacts described in § 23-202 of this Part 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 baseflows 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 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.
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 Township.
[Ord. 2007-6, 6/5/2007, § 104]
1.
The 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, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the "Stormwater Management Act" (hereinafter
referred to as "the Act").
B.
Water Resources Management Act of 2002, as amended.
C.
First Class Township Code, 53 P.S. § 55101 et seq., Second
Class Township Code, 53 P.S. § 66501 et seq., 66601 et seq.,
and the Borough Code, 53 P.S. § 46201 et seq.
D.
Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101
et seq., as amended.
[Ord. 2007-6, 6/5/2007, § 105]
1.
This Part shall apply to all areas of the Township within the Swamp
Creek watershed.
2.
This Part 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
Township ordinances and applicable state regulations.
3.
The following activities are defined as "regulated activities" and shall be regulated by this Part unless exempted by § 23-206:
A.
Land development.
B.
Subdivisions.
C.
Alteration of the natural hydrologic regime.
D.
Construction or reconstruction of or addition of new impervious or
semi-pervious surfaces (i.e., driveways, parking lots, roads, etc.).
E.
Construction of new buildings or additions to existing buildings.
F.
Redevelopment.
G.
Diversion piping or encroachments in any natural or man-made channel.
H.
Nonstructural and structural stormwater management BMPs or appurtenances
thereto.
I.
Earth disturbance activities of greater than 5,000 square feet.
J.
Any of the above regulated activities that were approved more than
five years prior to the effective date of this Part and resubmitted
for Township approval.
K.
Prohibited or polluted discharges.
L.
Any other activities that may affect stormwater runoff.
4.
Table 23-205 summarizes the applicability requirements of this Part.
"Proposed Impervious Surface" in Table 23-205 includes new, additional,
or replacement impervious surface/cover. Repaving existing surfaces
without reconstruction does not constitute "replacement."[1]
[1]
Editor's Note: Table 23-305 is included as an attachment
to this chapter.
[Ord. 2007-6, 6/5/2007, § 106]
1.
Exemptions for Land Use Activities. The following land use activities
are exempt from the drainage plan submission requirements of this
Part.
A.
Use of land for gardening for home consumption.
B.
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
Part.
C.
Forest management operations that 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 § 23-236, Subsection 1G.
D.
Road replacement, development, or redevelopment that has less than
1,000 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 Part.
2.
Exemptions for Land Development Activities.
A.
The following land development and earthmoving activities are exempt
from the drainage plan submission requirements of this Part:
(1)
A maximum of 1,000 square feet of new, additional, or replacement
proposed impervious surface. Or in the case of earth disturbance resulting
in less than 1,000 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 Township 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.
B.
The activities exempted above are still encouraged to implement the
voluntary stormwater management practices as indicated in Appendix
23-2-B.
3.
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 (§ 23-234).
C.
Drainage Problems. If a drainage problem is documented or known to
exist downstream of or is expected from the proposed activity, then
the Township may require the applicant to comply with this Part.
D.
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 Douglass Township within two calendar days of the commencement
of the activity. If Douglass Township finds that the work is not an
emergency, then the work shall cease immediately, and the requirements
of this Part shall be addressed as applicable.
E.
Maintenance Exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Township Engineer or Douglass Township.
F.
Even though the developer is exempt, he is not relieved from complying
with other regulations.
[Ord. 2007-6, 6/5/2007, § 107]
1.
Approvals issued pursuant to this Part 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.
To the extent that this Part imposes more rigorous or stringent requirements
for stormwater management, the specific requirements contained in
this Part shall be followed.
3.
Nothing in this Part shall be construed to affect any of the Township's
requirements regarding stormwater matters that do not conflict with
the provisions of this Part, 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 Township ordinances or regulations shall be construed to
retain the requirements of this Part addressing state water quality
requirements.
