The Ordinance shall be known and may be cited as the "Forks
Township Watersheds Act 167 Stormwater Management Ordinance". It shall
be applicable to the portions of the Bushkill Creek, Martins/Jacoby
Creeks, and Delaware Sub-basin I Watersheds located within the Township
of Forks, Northampton County, Pennsylvania.
The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
runoff volumes, flows and velocities, contributes to erosion and sedimentation,
overtaxes the carrying capacity of 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, threatens
public health and safety, and increases nonpoint source pollution
of water resources.
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 stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals, and pathogens.
C. A comprehensive program of stormwater management (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 the municipality and all the people
of the Commonwealth, their resources, and the environment.
D. Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams,
which also protects and maintains surface water quality.
E. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F. 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) program.
G. The use of green infrastructure and low impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
predevelopment hydrology.
The purpose of this chapter is to promote the public health, safety, and welfare within the Bushkill Creek, Martins/Jacoby Creeks, and Delaware Sub-basin I Watersheds by minimizing the damages and maximizing the benefits described in §
163-2 of this chapter by provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and
restore the existing and designated uses of the waters of this Commonwealth.
B. Minimize increases in stormwater volume and control peak flows.
C. Minimize impervious surfaces.
D. Provide review procedures and performance standards for stormwater
planning and management.
E. Preserve the natural drainage systems as much as possible.
F. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
H. Preserve and restore the flood-carrying capacity of streams.
I. Prevent scour and erosion of streambanks and streambeds.
J. Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
K. Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. Address the requirements of the Bushkill Creek, Martins/Jacoby Creeks,
and Delaware Sub-basin I Watersheds Act 167 Stormwater Management
Plan.
M. Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The municipality is empowered to regulate these activities by
the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32
P.S. Section 680.1, et seq., as amended, the "Stormwater Management
Act" and by virtue of § 2704 of the Second Class Township
Code, 53 P.S. § 67704.
This chapter shall only apply to those areas of the municipality
which are located within the Bushkill Creek, Martins/Jacoby Creeks
and Delaware Sub-basin I Watersheds as delineated on an official map
available for inspection at the municipal office. Copies of the Act
167 Watershed Release Rate Maps are included in Appendix A. The following activities are defined as regulated activities
and shall be governed by this chapter:
C. Prohibited or polluted discharges;
D. Alteration of the natural hydrologic regime;
E. Construction or reconstruction of, or addition of new impervious
or semipervious surfaces (i.e., driveways, parking lots, roads, etc.),
except for reconstruction of roads where there is no increase in impervious
surface;
F. Construction of new buildings or additions to existing buildings;
H. Diversion piping or encroachments in any natural or man-made channel;
I. Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto; and
J. Regulated earth disturbance activities.
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.
Notwithstanding any provisions of this chapter, including exemption
and waiver provisions, any landowner and 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
shall include such actions as are required to manage the rate, volume,
direction, and quality of resulting stormwater runoff in a manner
which otherwise adequately protects health and property from possible
injury.
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 municipality purporting to validate such a violation.