Embedded Files
Watercourse Protection
Watercourse Protection
The purpose of this section is to provide explicit protections for waterways. The maintenance of natural waterways reduces the amount of stormwater the municipality must manage and also improves water quality. This text is most clearly designed for areas where there are waterways on private property. This example is part of Article VII, the 'prohibitions' section, but language with similar intent may also be appropriately located in Article III.
Example A: Hellam Township, York County - Article VIII § 415-35
Example A: Hellam Township, York County - Article VIII § 415-35
"A. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, divert, or significantly retard the flow of water through the watercourse.
B. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
C. Floodplain management.
1. Any stormwater management facility located within the vicinity of a floodplain shall be subject to approval in accordance with PADEP 25 Pa. Code § 105, "Floodplain Management," of PADEP's rules and regulations.
2. Any portion of a property within a designated floodplain area shall not be altered, regraded, filled, or built upon except in conformance with the floodplain standards specified in any other chapters of this Code of Ordinances.
D. Riparian buffer.
1. Any use or activity not authorized within the riparian buffer area in accordance with Chapter 490 of this Code of Ordinances is prohibited.
2. The following activities and facilities are specifically prohibited:
a) Alteration, grading or regrading or filling within the riparian buffer area.
b) Clear-cutting of trees and other vegetation, except forestry and timber harvesting (in accordance with the provisions of Chapter 444 of this Code of Ordinances and all other applicable requirements).
c) Storage of any hazardous or noxious materials.
d) Subsurface sewage disposal areas.
E. Conservation of streams.
1. Any portion of a property within 25 feet of the ordinary waterline of any Type A stream shown on the Zoning Map shall not be altered, regraded, filled, or used for any purpose, including the raising of crops and/or the keeping of livestock, except in conformance with Chapter 490 of this Code of Ordinances.
2. Any portion of a property within 10 feet of the ordinary waterline of any Type B stream shown on the Zoning Map shall not be altered, regraded, filled, or used for any purpose, including the raising of crops and/or the keeping of livestock, except in conformance with Chapter 490 of this Code of Ordinances.
F. Stream bank erosion. It is the responsibility of the property owner to maintain and repair all stream banks located within the property owner's boundary limits to prevent erosion."
Waste Disposal Prohibitions
Waste Disposal Prohibitions
This language provides for the prohibition of waste disposal (i.e. littering) in specific areas, especially components of the MS4 system, which can assist a municipality in preventing waterway blockages and maintaining water quality.
Example A: Chester Heights Borough, Delaware County - Article IX § 160-42
Example A: Chester Heights Borough, Delaware County - Article IX § 160-42
"No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, or other component of the municipality's separate storm sewer system, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition."
Roof Drains
Roof Drains
The Allegheny County model ordinance contains a much shorter provision on roof drains. This section adds additional detail. Etna Borough has designed a separate ordinance that incentivizes the disconnection of roof drains through a voluntary program, which can be found on the Additional Ordinances page.
Example A: Abington Township, Montgomery County - Article VIII § 802
Example A: Abington Township, Montgomery County - Article VIII § 802
"Roof drains shall not be connected to streets, sanitary or storm sewers, or roadside ditches, and shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable, except for already existing developed sites where the onsite stormwater system already is designed and equipped to accomplish stormwater rate, quality, and quantity mitigation. The applicant shall, in these cases, submit documentation on the existing stormwater system to the municipal engineer, who shall determine if the stormwater system accomplishes comparable stormwater rate, quality, and quantity mitigation.
In the event that an existing developed site is to be redeveloped, existing roof drains that discharge to an existing stormwater system that is designed and equipped to accomplish stormwater rate, quality, and quantity mitigation, those existing roof drains may remain, provided the applicant submits documentation on the existing stormwater system to the municipal engineer, who shall determine if the stormwater system accomplishes comparable storm water rate, quality, and quantity mitigation."
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