This chapter shall be known and may be cited as the "Elizabeth
Township Stormwater Management (SWM) Ordinance."
The Board of Supervisors of Elizabeth Township finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development 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 control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint source pollution of water resources.
B.
A comprehensive program of SWM, including reasonable regulation of
development and activities causing accelerated runoff, is fundamental
to the public health, safety, welfare, and the protection of the people
of Elizabeth Township and all the people of the commonwealth, their
resources, and the environment.
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
E.
Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion.
The purpose of this chapter is to promote health, safety, and welfare by minimizing the harms and maximizing the benefits described in § 150-2 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.
Preserve the natural drainage systems as much as practicable.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and streambeds.
G.
Provide proper operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within Elizabeth
Township.
H.
Provide standards to meet NPDES permit requirements.
I.
Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the Comprehensive Plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K.
Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L.
Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
A.
Primary authority. Elizabeth Township is empowered to regulate these
activities 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 Act 394 of 1937, as amended, 35 P.S. § 691.1
et seq., the Pennsylvania Clean Streams Law. Elizabeth Township also
is empowered to regulate land use activities that affect stormwater
impacts by the authority of the Act of May 1, 1933, P.S. 103, No.
69, as reenacted and amended by the Act of November 9, 1995, P.L.
350, No. 60, as amended, the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
A.
Except as otherwise required by law, this chapter is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Board of Supervisors
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Board of Supervisors
that all provisions of this chapter shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances or parts of ordinances inconsistent with the provisions
of this chapter are hereby repealed. It is expressly provided that
the provisions of this chapter shall not affect any act done, contract
executed or liability incurred prior to its effective date, or affect
any suit or prosecution pending or to be instituted to enforce any
rights, rule, regulation or ordinance, or part thereof, or to punish
any violation which occurred under any prior stormwater regulation
or ordinance. In the event any violation has occurred under any prior
stormwater regulation or ordinance of the Township, prosecution may
be initiated against the alleged offender pursuant to the provisions
of said prior stormwater regulation or ordinance, and the provisions
and penalties provided in said prior stormwater regulation or ordinance
shall remain effective as to said violation.
B.
Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto.
Should any section, provision or part thereof of this chapter
be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
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.
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 Elizabeth Township purporting to validate such a violation.
Except as specifically provided by the Pennsylvania Stormwater
Management Act,[1] the making of any administrative decision by Elizabeth
Township or any of its officials or employees shall not constitute
a representation, guarantee or warranty of any kind by the Township
of the practicability or safety of any proposed structure or use with
respect to damage from erosion, sedimentation, stormwater runoff,
flood, or any other matter, and shall create no liability upon or
give rise to any cause of action against the Township and its officials
and employees. Elizabeth Township, by enacting and amending this chapter,
does not waive or limit any immunity granted to the Township and its
officials and employees by the Governmental Immunity Act, 42 Pa.C.S.A.
§ 8541 et seq., and does not assume any liabilities or obligations.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, property, and water quality.
