This chapter shall be known and may be cited as the "Straban
Township Stormwater Management Ordinance."
The governing body of Straban Township finds that:
A.
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.
B.
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.
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 people of Straban Township, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within Straban and its watersheds by minimizing the harm and maximizing the benefits described in § 109-2 of this chapter, through provisions designed to:
A.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code 93, to protect, maintain, reclaim, and restore the
existing and designated uses of the waters of the Commonwealth.
B.
Preserve the natural drainage systems as much as possible.
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 that are implemented within the municipality.
H.
Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities
that affect stormwater impacts 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 "Stormwater Management Act."
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.
B.
Any submission that does not require a stormwater management plan
at the time of subdivision or land development will still be required
to address stormwater management prior to the issuance of permits
for individual lot construction or development, unless said subdivision
proposes infrastructure features, such as a cul-de-sac street, for
which stormwater management controls are ordinarily required. All
subdivisions proposing five or more new lots shall provide stormwater
management for the proposed lots at the time of subdivision plan submission,
unless otherwise approved by the Township.
C.
Development of the individual lots is subject to stormwater management
as defined within the chapter.
Any other ordinance provision or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to give this chapter full force and effect to regulated activities
undertaken after the date of adoption of this chapter. All regulated
activities that were approved pursuant to any prior stormwater management
ordinance of the Township are unaffected by any inconsistencies in
this chapter.
In the event that a court of competent jurisdiction declares
any section, clause or provision of this chapter invalid, such decision
shall not affect the validity of any of the remaining sections, clauses
or 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. In the event of a conflict, between this chapter and
any other ordinance, the more restrictive ordinance shall apply.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense also imply the future tense.
B.
Words used in the singular include the plural, and vice versa.
C.
Words of masculine gender include feminine gender, and vice versa.
D.
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 words or words' meaning(s) to
all other instances of like kind and character.
E.
The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant may be declared void by the Township. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. See § 109-41 for an applicant's ability to appeal a declaration of invalidity.
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 the Township for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities approved pursuant to the chapter shall not constitute a
representation, guarantee, or warranty of any kind by the 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.
