This chapter shall be known as the "Royersford Borough Stormwater
Management Ordinance."
[1]
Editor's Note: This chapter also provided for the repeal
of former Ch. 26, Water, Part 1, Stormwater Management, adopted 4-26-2005
by Ord. No. 795.
The governing body of the municipality 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
the identified floodplain area 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 habitats,
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, and welfare and the protection of the people of the
municipality and all 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, identified floodplain areas, 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 municipal
separate storm sewer systems (MS4) 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.
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 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, Chapter 93.4a, of the Pennsylvania Code,
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 municipality.
The municipality 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 watersheds within Royersford Borough.
B.
The following activities are defined as "regulated activities" and shall be regulated by this chapter unless exempted by § 408-6:
(1)
Land development.
(2)
Subdivisions.
(3)
Alteration of the natural hydrologic regime.
(4)
Construction of or addition of new impervious surfaces (i.e., driveways,
parking lots, roads, etc.).
(5)
Construction of new buildings or additions to existing buildings.
(6)
Diversion piping or encroachments in any natural or man-made channel.
Constructing, erecting or installing any dam, ditch, culvert, drainpipe
or bridge or any other structure or obstruction affecting the drainage
of any project site.
(7)
Nonstructural and structural stormwater management BMPs or appurtenances
thereto.
(8)
Earth disturbance activities of greater than 5,000 square feet. (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 § 408-20, 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.)
(9)
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.
(10)
Prohibited or polluted discharges.
(11)
Any other activities that may affect stormwater runoff. Modifying,
disturbing, blocking, diverting or otherwise adversely affecting the
natural overland or subsurface flow of stormwater.
C.
Table 408-5 summarizes the applicability requirements of the chapter
for project sites located within Royersford Borough. See Table 408-5
below.
|
Table 408-5
| |||||||
|---|---|---|---|---|---|---|---|
|
Applicable Requirements of this Chapter for Project Sites
| |||||||
|
Proposed Impervious Surface
|
Earth Disturbance
| ||||||
|
Applicable Article or Section
|
Type of Project
|
0 to 1,499 square feet
|
1,500 to 4,999 square feet
|
5,000 square feet to 1 acre
|
>1 acre
|
5,000 square feet to 1 acre
|
> 1 acre
|
|
Article IV, Drainage Plan Requirements
|
Development
|
N/A
|
Modified
|
Yes
|
Yes
|
Modified
|
Yes
|
|
Redevelopment
|
N/A
|
Modified
|
Yes
|
Yes
|
Modified
|
Yes
| |
|
§ 408-17, Nonstructural project design
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 408-18, Groundwater recharge
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 408-19, Water quality
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
| |
|
§ 408-20, Stream bank erosion requirements
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
N/A
|
Yes
|
|
Redevelopment
|
N/A
|
Exempt
|
Exempt
|
Yes
|
N/A
|
Yes
| |
|
§ 408-21, Stormwater peak rate control
|
Development
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Redevelopment
|
N/A
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
§ 408-54, Grading
|
Development
|
Modified
|
Modified
|
Modified
|
Yes
|
Modified
|
Yes
|
|
Redevelopment
|
Modified
|
Modified
|
Modified
|
Yes
|
Modified
|
Yes
| |
|
NOTES:
| |
|---|---|
|
1.
|
Proposed impervious surface in Table 408-5 includes new, additional,
or replacement impervious surface/cover. Repaving existing surfaces
without reconstruction is not considered replacement.
|
|
2.
|
In Table 408-5, earth disturbance greater than one acre requires
the ESPC Plan to be submitted to the Montgomery County Conservation
District.
|
|
KEY:
|
|---|
|
Yes: Drainage plan required with associated section provision.
|
|
N/A: Not applicable; exempt from drainage plan submission.
|
|
Exempt: Exempt from required section provision; drainage plan
submission may still be required if other section provisions are applicable
("yes" in box).
|
|
Modified: Modified drainage plan required:
|
|
C. Sites with less than 1,500 square feet of impervious
surface and less than 5,000 square feet of earth disturbance must
submit a drainage permit plan to provide grading and erosion and sedimentation
control measures approved by the Borough Engineer.
|
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, the 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 (i.e., not exempt).
(3)
Forest management operations that are following the Department of Environmental Protection's (DEP's) 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 § 408-19G.
(4)
Road replacement, development, or redevelopment that has less than 1,500 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 for project sites within Royersford Borough but will be required to adhere to the requirements within § 408-54.
(5)
Road development that has less than 1,500 square feet of new or additional impervious surface/cover or, in the case of earth disturbance only, less than 5,000 square feet of disturbance is exempt from this chapter for project sites within Royersford Borough but will be required to adhere to the requirements within § 408-54.
B.
Exemptions for land development activities.
(1)
The following land development and earthmoving are exempt from the
drainage plan submission requirements of this chapter for projects
within Royersford Borough:
(2)
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.
(3)
The activities exempted above are still encouraged to implement the
voluntary stormwater management practices as indicated in Appendix
A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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 (SWPAs) and requirements for nonstructural project design sequencing (§ 408-17).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of or is expected from the proposed activity, then
the municipality may require 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 Royersford Borough within two calendar days of the commencement
of the activity. If Royersford 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 Municipal Engineer or Royersford Borough.
(6)
Even though the developer is exempt, he/she 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 municipality'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.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
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 municipality purporting to validate such a violation.
B.
Waivers or modifications of the requirements of this chapter may
be approved by the municipality 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 this 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 shall accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the ordinance involved
and the proposed modification.
C.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the municipality unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated County
Conservation District.
