[Ord. 691, 9/10/2009]
This Part 4 shall be known as the "Warminster Township Stormwater
Management Ordinance."
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township finds that:
A. Inadequate management of stormwater runoff from development in a
watershed increases flood flows and velocities, erodes and/or silts
stream channels, pollutes water, overloads existing drainage facilities,
undermines floodplain management in downstream communities, reduces
groundwater recharge, and threatens public health and safety.
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 streambanks 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 (SWM), 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 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 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 municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
[Ord. 691, 9/10/2009]
The purpose of this Part
4 is to promote the public health, safety, and welfare within the Township by maintaining the natural hydrologic regime and minimization of the impacts described in §
26-402 of this Part
4 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 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 base flows and quality of streams and watercourses.
K. 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.
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 streambanks 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.
[Ord. 691, 9/10/2009]
The Board of Supervisors of Warminster Township, pursuant to
the Pennsylvania Stormwater Management Act, Act No. 167 of October 4, 1978 (P.L. 864), and the laws of second class townships, hereby enacts and ordains this Part
4 as the "Warminster Township Stormwater Management Ordinance." This Part
4 shall apply to the activities defined in §
26-405 of this Part
4.
[Added by Ord. No. 769, 9/8/2022]
1. Any other
ordinance provision(s) or regulation of the Township inconsistent
with any of the provisions of this Part 4 is hereby repealed to the
extent of the inconsistency only.
2. In the event that a court of competent jurisdiction declares any section or provision of this Part
4 invalid, such decision shall not affect the validity of any of the remaining provisions of this Part
4.
[Added by Ord. No. 769, 9/8/2022]
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.
[Added by Ord. No. 769, 9/8/2022]
1. If the Township determines that any requirement under this Part
4 cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this Part
4, subject to Subsections
2 and
3.
2. Waivers
or modifications of the requirements of this Part 4 may be approved
by the Township 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 Part 4 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 Part 4. 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 Part 4 involved and the proposed
modification.
3. No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
Township unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.