Borough of Narberth, PA General Provisions

Narberth Borough Council finds that:

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.

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 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.

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 Borough and all of the people of the commonwealth, their resources, and the environment.

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.

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.

Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

The use of green infrastructure and low-impact development (LID) are 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.

Federal and commonwealth 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).

Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by municipalities.

§ 441-2 Purpose.

The purpose of this chapter to promote the public health, safety, and welfare within the Borough of Narberth by maintaining the natural hydrologic regime and minimizing the impacts of regulated activities through provisions designed to:

Meet legal water quality requirements under Pennsylvania 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.

Preserve natural drainage systems.

Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.

Provide procedures and performance standards for stormwater planning and management.

Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.

Prevent scour and erosion of stream banks and streambeds.

Provide proper operation and maintenance of all stormwater best management practices (BMPs) that are implemented within the Borough.

Provide standards to meet NPDES permit requirements.

§ 441-3 Statutory authority.

Narberth Borough is empowered to regulate land use activities that affect water runoff, erosion, and surface and groundwater quality and quantity by the authority of the following acts and codes, as amended: Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167) § 680.1 et seq.; the Storm Water Management Act (hereinafter referred to as "the Act"); the Water Resources Management Act of 2002;[1] the Pennsylvania Borough Code, 8 Pa.C.S.A. § 101 et seq.; the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq.; and the Narberth Borough Code.

[1]

Editor's Note: See 27 Pa.C.S.A. § 3101 et seq.

§ 441-4 Applicability/regulated activities.

This chapter shall apply to all areas of the Borough of Narberth. The Narberth Borough Watershed Map is attached as Appendix D[1] for reference purposes only.

[1]

Editor's Note: Appendix D is included as an attachment to this chapter.

This chapter shall only apply to permanent structural and nonstructural stormwater management BMPs constructed as part of any of the regulated activities listed in this section and all other regulated activities and or other activities that may affect stormwater runoff.

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 commonwealth regulations.

"Regulated activities" regulated by this chapter include, but are not limited to, the following unless exempted by this chapter:

(1)

Land development;

(2)

Subdivisions;

(3)

Alteration of the natural hydrologic regime;

(4)

Construction or reconstruction of, or addition of, new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.);

(5)

Construction of new buildings or additions to existing buildings;

(6)

Redevelopment;

(7)

Diversion piping or encroachments in any natural or man-made channel;

(8)

Nonstructural and structural stormwater management BMPs or appurtenances thereto;

(9)

Earth disturbance activities of equal to or greater than 5,000 square feet. [NOTE: This chapter applies to any earth disturbance activity equal to or greater than 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 stream bank erosion requirements. Earth disturbance activities and associated stormwater management controls are also regulated under existing commonwealth law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter may be more restrictive, but shall not be less restrictive, in meeting the purposes of this chapter than the law of the commonwealth.]

§ 441-5 Exemptions.

Requirements for exempt activities.

(1)

Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety, and property. The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may pose a threat to public health and safety or the environment.

(2)

High quality and exceptional value streams. An exemption shall not relieve the developer from meeting the special requirements for watersheds draining to identified high quality or exceptional value waters and source water protection areas and requirements for nonstructural project design sequencing.

(3)

Drainage problems. If a drainage problem is documented or known to exist downstream of or is expected from the proposed activity, then the Borough may require the developer 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 the Borough of Narberth within two calendar days of the commencement of the activity. If the Borough of Narberth 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, prior to the work recommencing.

(5)

Maintenance exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Borough Engineer.

(6)

Even though a developer/applicant is exempt, the developer/applicant is not relieved from complying with other applicable regulations or Borough codes.

General exemptions. Table 441.5.1 summarizes the exemptions from certain provisions of this chapter. Exemptions are for the items noted in Table 441.5.1 only, and shall not relieve the applicant from other applicable sections of this chapter. Any regulated activity that is exempt from some provisions of this chapter is exempt only from those provisions. If development is to take place in phases, the developer is responsible for implementing the requirements of the chapter as the impervious cover/earth disturbance threshold is met. The date of the Borough's ordinance adoption codified within this chapter shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area and earth disturbance computations shall be cumulatively considered. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. For example:

(1)

If a property owner proposes a 150-square-foot shed after adoption of the Borough's Stormwater Management Ordinance codified within this chapter, that property owner would be exempted from water quality and quantity requirements of such ordinance as noted in Table 441-5.1. If, at a later date, the property owner proposes to construct a 499-square-foot room addition, the applicant would be required to comply with the requirements for the Simplified Method for the full 649 square feet of impervious cover created since adoption of the Borough's ordinance. If an additional 700-square-foot swimming pool/patio is proposed later, the property owner would be required to implement the full stormwater quantity and quality control submission requirements of this chapter for the total 1,349 square feet of additional impervious surface added to the original property since adoption of the Borough's ordinance codified in this chapter.

Table 441-5.1 Stormwater Chapter Exemptions
Chapter Article or Section	Type of Project	0-499 Square Feet Proposed Impervious Surface	500-999 Square Feet Proposed Impervious Surface	1,000+ Square Feet Proposed Impervious Surface	0-4,999 Square Feet Earth Disturbance	5,000 Square Feet to Less Than 1 Acre Earth Disturbance	1 Acre or More Earth Disturbance
Article IV, SMW site plan requirements	Development/ redevelopment	Exempt	Not Exempt-Simplified Approach	Not exempt	Exempt	Modified-1	Not exempt
§ 441-15, Nonstructural project design	Development/ redevelopment	Exempt	Not Exempt-Simplified Approach	Not exempt	Exempt	Not exempt	Not exempt
§ 441-21, Volume controls	Development/ redevelopment	Exempt	Not Exempt-Simplified Approach	Not exempt	Exempt	Exempt	Not exempt
§ 441-16, Water quality requirements	Development/ redevelopment	Exempt	Not Exempt-Simplified Approach	Not exempt	Modified-2	Modified-2	Not exempt
§ 441-17, Stram bank erosion requirements	Development/ redevelopment	Exempt	Not exempt-Simplified Approach	Not exempt	Exempt	Exempt	Not exempt
§ 441-18, Stormwater peak rate control and management districts	Development/ redevelopment	Exempt	Exempt	Not exempt	Exempt	Not exempt	Not exempt
Erosion and sediment pollution control requirements	Must comply with Title 25, Chapter 102 of the Pa.Code and other applicable commonwealth and Borough codes and regulations, including the Clean Streams Law						Not exempt

NOTES:

441-5.1 Legend:

"Proposed impervious surface" includes new, additional or replacement impervious surfaces/cover as part of development or redevelopment.

"Exempt" - means exempt from the required section provision only - SMW site plan submission may still be required if other section provisions are applicable.

"Modified-1" - means that a modified SMW site plan need only consist of the items in § 441-23C(1) and (5) and § 441-23D(7), (9), (10), (13) and (25) and related supportive material needed to determine compliance with §§ 441-15 and 441-18.

"Modified-2" - means that a modified SMW site plan need only consist of items and related material needed to determine compliance with § 441-16D(3)(c).

"Simplified Approach" - must comply with the provisions of Appendix B[1] of this chapter.

"Redevelopment" - See § 441-18G(5) or H(7) for alternate stormwater peak rate control criteria, as applicable.

[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

Exemptions for specific activities. The following activities are exempt from the stormwater management site plan submission requirements of this chapter, but are still encouraged to implement the voluntary stormwater management practices.

(1)

Use of land for exterior gardening for home consumption.

(2)

Agriculture activities 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 equal to or greater than 5,000 square feet shall be subject to the provisions of this chapter.

(3)

Forest management operations which 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 all applicable riparian buffer requirements.

(4)

(5)

Maintenance exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Borough Engineer.

(6)

Repaving without reconstruction.

§ 441-6 Severability.

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.

§ 441-7 Compatibility with other provisions.

Approvals issued pursuant to this chapter do not relieve the developer/applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance.

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.

Nothing in this chapter shall be construed to affect any of the Borough'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 Borough ordinances or regulations shall be construed to retain the requirements of this chapter addressing commonwealth water quality requirements.

§ 441-8 Erroneous permit.

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 Borough purporting to validate such a violation.

§ 441-9 Waivers.

If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in/under this chapter, subject to Subsections B and C below.

Waivers or modifications of the requirements of this chapter may be approved by the Borough 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 this 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 this chapter involved and the proposed modification.

No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough unless that action is approved in advance by the Department of Environmental Protection (DEP) or the Montgomery County Conservation District.