This chapter shall be known and may be cited as the "Mount Joy
Township Stormwater Management Ordinance."
The governing body of Mount Joy Township finds that:
A.
Stormwater is an important water resource. It provides groundwater
recharge for water supplies and base flow of streams. It protects
and maintains surface water quality;
B.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flows and velocities
of runoff, 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 non-point-source pollution of water resources; and
C.
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 the people of Mount Joy Township, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within Mount Joy Township and its watersheds by minimizing the harm and maximizing the benefits described in § 81-102 of this chapter through provisions designed to:
A.
Preserve the natural drainage systems as much as possible;
B.
Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and otherwise to protect water resources;
C.
Manage stormwater runoff close to the source;
D.
Prevent scour and erosion of stream banks and stream beds;
E.
Provide procedures and performance standards for stormwater planning
and management;
F.
Provide proper operation and maintenance of all stormwater management
best management practices that are implemented within the Township;
G.
Provide standards to meet NPDES permit requirements; and
H.
Meet 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 the commonwealth.
A.
Mount Joy Township is enabled to regulate land use activities that
affect stormwater impacts by the authority of Sections 2703 and 2704
of the Second Class Township Code, 53 P.S. §§ 62703
and 62704.
B.
This chapter is enacted pursuant to Section 608.11(b) of the Storm
Water Management Act, Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.11(b).
A.
All regulated activities, as defined in Article II, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
C.
A lot that did not require a stormwater management plan at the time
of subdivision or land development plan approval shall be required
to address stormwater management prior to issuance of permits for
individual lot construction or development.
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. In the event of a conflict between this chapter and
any other ordinance, the more-restrictive ordinance shall apply.
A.
Unless otherwise expressly stated, this chapter shall be interpreted
in the following manner:
(1)
Words used in the present tense also imply the future tense;
(2)
Words used in the singular include the plural, and vice versa;
(3)
Words of masculine gender include feminine gender, and vice versa;
(4)
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s) to
all other instances of like kind and character; and
(5)
The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
B.
Unless the text indicates otherwise, references to laws, codes, ordinances,
guidelines or the like shall mean those laws, codes, ordinances, guidelines
or the like in effect from time to time, including amendments thereto
or revisions or successors thereof.
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 authorization
is unlawful. No action may be taken by a board, agency, or employee
of Mount Joy Township purporting to validate such a violation.
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 shall include
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which adequately
protects health, property, and water quality.
A.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter or with any condition
imposed by a municipal official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom or as otherwise imposed by law nor impose any liability
upon Mount Joy Township for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guaranty, or warranty
of any kind by Mount Joy Township, or by an official or employee thereof,
of the practicability or safety of any structure, use, or other plan
proposed and shall create no liability upon or cause of action against
such public body, official, or employee for any damage that may result
pursuant thereto.
