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Upper Darby, PA Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Chapter 465, adopted 2005, reenacted 2022
Plan required before
Any regulated land development or earth disturbance
Stream buffer easement
25 feet each side of stream
Appeal window
30 days to Board of Commissioners
Fee basis
Set by Township resolution under §465-33

Summary

Upper Darby Township requires an approved Stormwater Management (SWM) site plan under Chapter 465 before any regulated land development, redevelopment or earth-disturbance activity begins. The Township reviews the plan against watershed-wide design criteria, and impervious surface added in phases counts cumulatively back to the ordinance's original adoption.

Applicants proposing regulated activities in the municipality which do not fall under the exemption criteria shown in § 465-6 shall submit a stormwater management site plan consistent with this chapter and the applicable watershed stormwater management plan to the municipality for review. The stormwater management criteria of this chapter shall apply to the total proposed development even if development is to take place in stages. ... No regulated activity within the municipality shall commence until the municipality issues approval of a SWM plan, which demonstrates compliance with the requirements of this chapter.

Full Breakdown

Chapter 465, adopted March 16, 2005 by Ordinance No. 2945 and re-enacted in its entirety September 21, 2022 by Ordinance No. 3125, governs stormwater in the Township. Section 465-14 bars any regulated activity from starting until the municipality issues approval of an SWM plan showing compliance with the chapter, and that plan must apply to the total proposed development even when construction happens in stages. Small projects are not automatically off the hook: under § 465-6, a 150-square-foot shed built after adoption is exempt from water-quality and quantity requirements, but if the same owner later adds a 499-square-foot room, the Simplified Method applies to the full 649 square feet added since the ordinance took effect, and a further 700-square-foot pool or patio pushes the owner into full quantity-and-quality submission requirements for the cumulative 1,349 square feet.

Section 465-14H requires a 25-foot drainage easement on each side of any stream crossing a development site, and concentrated stormwater discharged directly onto adjacent property is strictly prohibited. Plan review and construction inspection are funded by fees the Township sets by resolution under § 465-33, covering administrative costs, engineer review, site inspections and final inspection under § 465-34. The municipal Engineer or a designee conducts periodic inspections during construction under § 465-53, and an occupancy permit will not issue until the owner files an engineer's certification of completion under § 465-53E.

Violations & Fines

Failure to obtain SWM plan approval, or building outside its terms, is unlawful under § 465-53B. The Township can order compliance by written notice under § 465-49, suspend or revoke the permit under § 465-50, and impose a per-day fine under § 465-51 that is cumulative with every other remedy, plus injunctive or mandamus relief in court.

Frequently Asked Questions

Does a small backyard shed need a stormwater plan in Upper Darby?
Not on its own. Section 465-6 exempts a 150-square-foot shed from the water quality and quantity requirements, but the Township tracks disturbed area cumulatively: a later 499-square-foot addition brings the full 649 square feet under the Simplified Method review.
What happens if I start grading before my SWM plan is approved?
It is unlawful under § 465-53B to undertake a regulated activity except as shown on an approved plan. The Township can issue a written compliance order under § 465-49, revoke the permit under § 465-50, and assess a fine that accrues daily under § 465-51.
Can I appeal a stormwater plan denial in Upper Darby?
Yes. Section 465-54 lets anyone aggrieved by a Township decision appeal to the Upper Darby Board of Commissioners within 30 days, and a further appeal from the Board's decision goes to the Delaware County Court of Common Pleas within 30 days of that ruling.

Sources & Official References

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