This chapter shall be known and may be cited as the "Lower Allen
Township Act 167 Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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 carry and control 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 stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety and welfare and the protection
of 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. The use of green infrastructure and low-impact development (LID)
is 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.
E. 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.
F. Nonstormwater discharges to storm sewer systems can contribute to
pollution of waters of the commonwealth.
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in §
184-2 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 possible.
C. Manage stormwater runoff close to the source, reduce runoff volumes,
and mimic predevelopment hydrology.
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 best management
practices (BMPs) that are implemented within the municipality.
H. Provide standards to meet NPDES permit requirements.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth-disturbance activity, are subject to regulation by this chapter as is reasonably necessary to prevent injury to health, safety or other property. The following activities are defined as "regulated activities" and shall be subject to the provisions of this chapter (unless otherwise exempted by §
184-13):
A. Land development and/or redevelopment.
C. Construction of new or additional impervious or semi-pervious surfaces
(driveways, parking lots, etc.).
D. Construction of structures or additions to existing structures.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater management facilities or appurtenances
thereto.
G. Forest management/timber operations that include logging road construction
and timber harvesting.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued and actions taken under this chapter 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.
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.