This chapter shall be known and may be cited
as the "Halfmoon 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. This chapter has been developed considering the actual
hydrologic processes that occur within the Spring Creek Watershed
and how these processes can best be represented in hydrologic models
that are used in engineering practice to model developing areas for
stormwater management purposes. Process driven stormwater management
planning is critical in the Spring Creek Watershed due to the underlying
geology. The Spring Creek Watershed is mainly underlain by carbonate
formations. As a result, significant areas within the watershed do
not produce overland or surface runoff, but rather contribute to the
storm flow component of runoff in larger tributary areas via a greater
than normal interflow component.
C. A comprehensive program of stormwater management,
including reasonable regulation of development and activities causing
accelerated erosion, 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.
The purpose of this chapter is to promote health, safety, and welfare within Halfmoon Township by minimizing the damages described in §
200-2A of this chapter through provisions designed to:
A. Manage accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems.
B. Utilize and preserve the existing natural drainage
systems.
C. Encourage the use of low-impact development techniques
to promote infiltration and groundwater recharge where appropriate.
D. Maintain existing flows and quality of streams and
watercourses in the municipality and the commonwealth.
E. Preserve and restore the flood-carrying capacity of
streams.
F. Provide proper maintenance of all permanent stormwater
management facilities that are constructed in the basin.
G. Provide performance standards and design criteria
for watershed-wide stormwater management and planning.
H. Protect groundwater and surface water quality.
The municipality is empowered to regulate land
use activities that affect runoff by the authority by the Act of October
4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as
amended, the "Stormwater Management Act," and Act 247, the PA Municipal
Planning Code (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. For all
matters regulated by this chapter, Ordinance No. 96-5 is hereby repealed.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to comply with or
to secure required permits or approvals for activities regulated by
any other applicable codes, rules, statutes, or ordinances.
The granting of any exemption, permit, or approval
by the municipality does not relieve the applicant from assuring that
stormwater runoff from the development site will not cause injury
or damage to other persons or property.
Specific methods and publications indicated
in this chapter shall, in all cases, refer to the latest available
edition and include revisions or amendments thereto.
The degree of stormwater management sought by
the provisions of this chapter is considered reasonable for regulatory
purposes. This chapter shall not create liability on the part of the
municipality, any appointed or elected official of the municipality,
the Centre County Conservation District, or any officer, engineer,
or employee thereof for the erosion, sedimentation, or flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.