The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff resulting from development and redevelopment 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, damages private property, 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 and water supply are also impacted through loss of recharge due to increased impervious surface and modification of groundcover.
C. Through project design, impacts from stormwater runoff can be minimized to 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, 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.
D. These impacts happen mainly through a decrease in natural infiltration of stormwater.
E. A comprehensive program of stormwater management, including reasonable regulation of development and other activities causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Township and all the people of the Commonwealth, their resource, and the environment.
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 federal permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
H. Non-stormwater discharges to municipal separate storm sewer systems can contribute to pollution of Waters of the Commonwealth by the Township.
The purpose of this comprehensive Stormwater Management Ordinance is to promote health, safety, and welfare within Solebury Township by minimizing the damages described in Section 101.A of this Ordinance through provisions designed to:
A. Manage stormwater runoff impacts at the source by regulating activities that cause these problems.
B. Provide review procedures, performance standards, and design criteria for stormwater planning and management.
C. Utilize and preserve the existing natural drainage systems as much as possible.
D. Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
E. Promote alternative project designs and layouts that minimize impact to surface and groundwater.
F. Promote nonstructural Best Management Practices.
G. Infiltration of stormwater to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
H. Minimize increases in stormwater volume.
I. Maintain existing flows and quality of streams and watercourses.
J. Meet legal Water Quality requirements under state law, including regulations at 25 Pa. Code Chapter 03,4a to protect and maintain "existing uses" and maintain the level of water quality to support those use in all streams, and to protect and maintain water quality in "special protection" streams.
K. Prevent streambank and streambed scour and erosion.
L. Provide for proper operations and maintenance of all permanent stormwater management facilities that are constructed in the Township.
M. Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the municipal separate storm sewer system.
N. Promote the collection and use of rainwater for irrigation, toilet flushing, and other viable, nontraditional uses.
The Township is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978 32 P.S., P.L. 864 (Act 167) Section 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. Section 10101.
This Ordinance shall apply to all areas of the Township that are located within the Delaware River (South) Watershed and Neshaminy Creek Watershed as delineated in Appendix D which is hereby adopted as part of this Ordinance.
This Ordinance shall apply to temporary and permanent stormwater management facilities constructed as part of any of the regulated activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities which are specifically not regulated by this Ordinance, shall continue to be regulated under existing laws and ordinances.
This Ordinance contains stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. 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 applicable Ordinances.
The following activities are defined as 'Regulated Activities' and shall be regulated by this Ordinance except as exempted by Section 105 of this Ordinance:
A. Land development.
B. Subdivision.
C. Prohibited or polluted discharges.
D. Alteration of the natural hydrologic regime.
E. Construction or reconstruction of additional impervious surfaces (e.g. driveways, parking lots, etc.) which cumulatively (refer Section 105.B for exempted activities) exceed one thousand (1,000) square feet in area since the date of adoption of this Ordinance. Refer Section 105.D for simplified procedure for single family dwelling lots which result in less than two thousand (2,000) square feet of new impervious surface and less than five thousand (5,000) square feet of earth disturbance.
F. Construction of new buildings or additions to existing buildings which cumulatively (refer Section 105. B for exempted activities) exceed one thousand (1,000) square feet in area and result in additional impervious surface since the date of adoption of this Ordinance. Refer Section 105.D for simplified procedure for single family dwelling lots which result in less than two thousand (2,000) square feet of new impervious surface and less than five thousand (5,000) square feet of earth disturbance.
G. Diversion or piping of any natural or man-made stream channel.
H. Installation of BMPs and stormwater management facilities or appurtenances thereto.
I. Temporary storage of impervious or pervious material (rock, soil, etc.) where ground contact exceeds five (5) percent of the lot area or 5,000 square feet (whichever is less), or where the material is placed on slopes exceeding eight (8) percent.
J. Any activity requiring an Erosion and Sedimentation Control and Grading Permit pursuant to Township Ordinance.
A. General Exemptions: The following land use activities are exempt from stormwater management requirements of this ordinance.
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 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, and production areas having impervious surfaces shall be subject to the provisions of this Ordinance unless exempt pursuant to Section 105 B.
3. 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 an E&S Plan approved by the Bucks County Conservation District which have a Zoning Permit approval by Solebury Township.
4. Public road replacement, replacement paving, repaving and/or driveway maintenance (without expansion).
5. Installation of less than one hundred (100) square feet of new impervious surface.
6. Repair and reconstruction of on-lot sewage disposal systems where work is performed in accordance with a valid permit issued by Bucks County Department of Health.
B. Stormwater Peak Rate Control Exemption:
All Regulated Activities as described in Section 104 of this Ordinance shall comply with the Stormwater Management requirements hereof (refer Section 302) except those activities listed in "Stormwater Management Exemption Criteria" table. Those activities listed in "Stormwater Management Exemption Criteria" table are, to the extent stated herein, exempt from certain provisions of this Ordinance. Any Regulated Activities that meet the exemption criteria established in this section are exempt from stormwater management requirements of Article III and Stormwater Management Plan submission requirements of Article IV of the Ordinance. This requirement shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as "parent tracts" is the date of adoption of this Ordinance. All impervious surface area constructed on or after the date of adoption of this Ordinance shall be considered cumulatively. Impervious surface existing on the "parent tract" prior to the date of adoption of this Ordinance shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety, and property.
C. Additional Exemption Criteria.
1. Exemption responsibilities An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the 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 high quality (HQ) or exceptional value (EV) waters contained in Sections 305 and 306 of this Ordinance.
D. The municipality, upon request by the applicant, may grant an 'exemption from the provisions of this Ordinance for a project qualifying under Section 105.B. If an exemption is granted, the municipality may require the developer to pay a fee in an amount established by separate Resolution of the Board of Supervisors to the Municipal Stormwater Management Capital Fund.
E. All applicants seeking an exemption of stormwater management requirements based upon criteria contained in Section 105.B shall be required, at a minimum, to submit the following documentation for review:
1. Three (3) copies of the completed Township Stormwater Management Application form.
2. Stormwater Management Exemption Review Fee and Escrow, as established by separate resolution of the Board of Supervisors.
3.Three (3) copies of a plot plan for the parcel, which is the subject of the exemption application, containing, at a minimum, the following information:
a. Property boundaries and area of the site, based on deed information, or field survey.
b. Location map identifying the site relative to streets and other parcels in the vicinity of the site.
c. Location of significant natural pursuant to Zoning Ordinance requirements and existing manmade features, including wetlands, watercourses, woodlands, steep slopes, structures, parking areas, driveways, utilities, wells, and septic systems within 200 feet of proposed limits of earth disturbance and/or impervious surface, regardless of the location of the property boundary.
d. Location and dimensions of existing and proposed impervious surface and other improvements, with setbacks drawn to relate the location of same to property lines, streets, and existing features.
e. North Arrow.
f. Plan scale, as applicable.
g. Information regarding existing/proposed topography and drainage patterns, within 200 feet of proposed limits of earth disturbance and/or impervious surface based on field survey, USGS mapping, and/or field observation.
h. Other information deemed necessary by the Township Engineer to determine compliance with exemption criteria contained in Section 105.
Individual home construction projects on existing single-family lots which result in less than two thousand (2,000) square feet of impervious area (including the building footprint, driveway, sidewalks, and parking areas) or less than five thousand (5,000) square feet of earth disturbance but do not meet exemption criteria of Section 105.B may utilize the simplified procedure within Appendix J to meet requirements of the Ordinance and are not required to submit formal drainage plans to the Township.
Any Ordinance or ordinance provision of the Township inconsistent with any of the provisions of this Ordinance is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance.
Approvals issued and actions taken under this Ordinance do not relieve the Applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or Ordinance. To the extent that this Ordinance imposes more rigorous requirements for stormwater management, the specific requirements contained in this Ordinance shall be followed.
