This chapter shall be known as the "Washington Township Stormwater
Management Ordinance."
The governing body of the municipality 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 reduction efforts in upstream and
downstream communities, reduces groundwater recharge, and threatens
public health and safety.
B. Inadequate planning and management of stormwater runoff resulting
from land development 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. Groundwater resources
are also impacted through loss of recharge.
C. A comprehensive program of stormwater management, including minimization
of impacts of development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and the protection of the people of the municipality
and all of the people of the commonwealth, their resources, and the
environment.
D. Stormwater can be an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E. Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, groundwater recharge, stream base flow, and aquatic
ecosystems. The most cost-effective and environmentally advantageous
way to manage stormwater runoff is through nonstructural project design
that minimizes impervious surfaces and sprawl, avoids sensitive areas
(i.e., stream buffers, floodplains, steep slopes), and considers topography
and soils to maintain the natural hydrologic regime.
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G. 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).
H. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this chapter is to promote the public health, safety, and welfare within the municipality by maintaining the natural hydrologic regime and minimizing the impacts described in §
99-2 of this chapter through provisions designed to:
A. Promote alternative project designs and layouts that minimize the
impacts on surface and groundwater.
B. Promote nonstructural best management practices (BMPs).
C. Minimize increases in runoff stormwater volume.
D. Minimize impervious surfaces.
E. Manage accelerated stormwater runoff and erosion and sedimentation
problems and stormwater runoff impacts at their source by regulating
activities that cause these problems.
F. Provide review procedures and performance standards for stormwater
planning and management.
G. Utilize and preserve existing natural drainage systems as much as
possible.
H. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
I. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
J. Maintain existing base flows and quality of streams and watercourses,
where possible.
K. Meet legal water quality requirements under state law, including
regulations at 25 Pennsylvania Code Chapter 93.4a requiring protection
and maintenance of "existing uses" and maintenance of the level of
water quality to support those uses in all streams, and the protection
and maintenance of water quality in "special protection" streams.
L. Address the quality and quantity of stormwater discharges from the
development site.
M. Provide a mechanism to identify stormwater controls necessary to
meet NPDES permit requirements.
N. Implement an illegal discharge detection and elimination program
that addresses nonstormwater discharges into the municipality's separate
storm sewer system.
O. Preserve the flood-carrying capacity of streams.
P. Prevent scour and erosion of stream banks and streambeds.
Q. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
R. Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented in the municipality.
The municipality is empowered to regulate land use activities
that affect runoff and surface- and groundwater quality and quantity
by the authority of:
A. Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167) Section 680.1
et seq., as amended, the "Stormwater Management Act" (hereinafter
referred to as "the Act");
B. Water Resources Management Act of 2002, as amended;
C. Second Class Township Code, 53 P.S. §§ 66501 et seq.,
66601 et seq.
D. Pennsylvania Municipalities Planning Code, Act 247, as amended.
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.
Should any section or provision 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.