The governing body of the Township of Upper Makefield finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases runoff volume, flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of 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, and increases nonpoint source pollution of water resources.
B. 
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 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 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 municipality and all the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.
E. 
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 to 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. 
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.
H. 
Federal and state regulations require this municipality to obtain a permit for discharges from its MS4 under the NPDES program; and to implement a program of stormwater controls.
I. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this chapter is to promote health, safety, and welfare within the Delaware River South watershed by minimizing the harms and maximizing the benefits described in § 28B-101A of this chapter through provisions designed to:
A. 
Meet legal water quality requirements under state 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.
B. 
Promote alternative project designs and layouts that minimize impacts to surface and groundwater.
C. 
Promote nonstructural best management practices.
D. 
Minimize increases in stormwater volume.
E. 
Minimize impervious surfaces.
F. 
Manage stormwater runoff close to the source, reduce runoff volumes, mimic predeveloped hydrology and manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
G. 
Utilize and preserve the existing natural drainage systems.
H. 
Maintain recharge of groundwater to prevent degradation of groundwater quality and to otherwise protect water resources.
I. 
Address the quality and quantity of stormwater discharges from the development site.
J. 
Maintain existing flows and quality of streams and watercourses in the municipality and the commonwealth.
K. 
Preserve natural drainage systems and restore the flood-carrying capacity of streams.
L. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
M. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
N. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
O. 
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
P. 
Meet legal state water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93 to protect and maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
Q. 
Provide a mechanism to identify stormwater controls necessary to meet NPDES permit requirements.
R. 
Prevent scour and erosion of stream banks and streambeds, and reduce accelerated erosion, scour, aggradation, and degradation.
S. 
Implement an illegal discharge detection and elimination program that addresses nonstormwater discharges into the municipality's separate storm sewer system.
T. 
Prevent scour and erosion of stream banks and streambeds.
The municipality is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm Water Management Act, and 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 et seq.
A. 
This chapter shall apply to all regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity within the Delaware River South watershed, as delineated in Appendix D which is hereby adopted as part of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
This chapter shall only apply to best management practices (BMPs) and/or stormwater management BMPs constructed as part of any of the regulated activities listed in this section.
C. 
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 shall continue to be regulated by this chapter and other applicable municipal ordinances or at the Municipal Engineer's discretion.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or reconstruction of, or addition of new impervious or semi-impervious surfaces (e.g., stone and asphalt driveways, patios, parking lots, roads, etc.), except for reconstruction of roads where there is no increase in impervious surface; and/or construction of new buildings or additions to existing buildings. Redevelopment.
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation or modification of BMPs and/or stormwater management facilities or appurtenances thereto.
(7) 
Earth disturbance which modifies existing grades and/or alters the existing/natural hydraulic regime.
E. 
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.
A. 
Exemption from any provision permitted by this section shall not relieve the applicant from all other requirements of this chapter.
B. 
General exemptions. The following land use activities are exempt from stormwater management peak rate and plan requirements of this chapter. On all sites where a cumulative area of less than 1,000 square feet of impervious surface since the original adoption date of this chapter, March 16, 2005, is proposed, the applicant is exempt from stormwater management plan submission requirements of § 28B-301A of this chapter and Stormwater Management Capital Fund contribution.
(1) 
Activities creating less than 1,000 square feet of new or reconstructed impervious surfaces are required to provide water quality (§ 28B-303) and the larger of volume control (§ 28B-304) and groundwater recharge (§ 28B-305). The applicant must acknowledge to the Township that volume control best management practices will be installed and maintained by the applicant.
(2) 
Use of land for gardening for home consumption.
(3) 
Agricultural activity when operated in accordance with requirements of 25 Pa. Code Chapter 102, a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the Bucks 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, production areas, or other areas having impervious surfaces shall be subject to the provisions of this chapter unless exempt pursuant to § 28B-105A(4).
(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 requirements of 25 Pa. Code Chapter 102 and which have zoning permit approval from Upper Makefield Township.
(5) 
Public road replacement, replacement paving, repaving and/or maintenance.
(6) 
Any aspect of BMP maintenance to an existing SWM facility made in accordance with plans and specifications approved by the Township.
(7) 
Lot line adjustment subdivisions when there is no proposed increase in the amount of impervious surface or reconstructed impervious surfaces.
(8) 
Sheds that are less than 200 square feet of gross area.
(9) 
Swimming pools and pool accessories may be exempt from the requirements of this chapter in accordance with the following standards:
(a) 
Pool accessories (not counting pool water surface area) totaling 1,000 square feet or less will be exempt from the requirements of this chapter.
(b) 
Pool accessories (not counting pool water surface area) totaling 1,001 square feet to 2,000 square feet may be considered for an exemption to the requirements of this chapter upon application to the Board of Supervisors for a waiver.
(c) 
Pool accessories (not counting pool water surface area) totaling more than 2,000 square feet shall not be exempt from the requirements of this chapter.
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. 
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.
A. 
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 28B-107B and C.
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 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.
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 Bucks County Conservation District.
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.