Township of White, PA General Provisions

Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases runoff volumes, 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.

A comprehensive program of stormwater management (SWM), 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.

Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.

The use of green infrastructure and low-impact development (LID) are 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.

§ 263-3 Purpose.

These regulations are adopted and implemented to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in this chapter, through provisions designed to:

Manage and control stormwater runoff resulting from land alteration and disturbance activities pursuant to the Pennsylvania Storm Water Management Act[1] (Act 167 of 1978, as amended) and meet legal 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.

[1]

Editor's Note: See 32 P.S. § 680.1 et seq.

Utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of the streams and to prevent the scour and erosion of stream banks and streambeds.

Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.

Encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

Provide for adequate design, construction and maintenance of all permanent stormwater structures, facilities, best management practices (BMPs) and all conveyance systems in the Township.

Provide standards to meet National Pollution Discharge Elimination System (NPDES) permit requirements.

§ 263-4 Statutory authority.

The municipality is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code[1], as amended, and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1, et seq., as amended, The Stormwater Management Act.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 263-5 Applicability.

All regulated activities and all activities that may affect stormwater runoff, including land development, land redevelopment, subdivisions and earth disturbance activity, are subject to regulation by this chapter.

It shall be unlawful for any person or firm to develop or improve any property within White Township for land development, as regulated by the Code of the Township of White, Chapter 275, the White Township Subdivision and Land Development Ordinance, without first receiving approval of a stormwater management plan from the White Township Planning Commission. No building permit shall be issued for a land development that has not received said stormwater management plan approval.

Regardless of size, all land developments shall provide adequate on-site stormwater controls to protect neighboring properties from harm.

The following table sets minimum standards for how development must control stormwater runoff produced by the proposed regulated activity:

Disturbed Area	Proposed Impervious Area	Stormwater Management Criteria
1.0 acre and greater 2.0 43,560 ft² and greater	All areas included	NPDES requirements/all provisions of this chapter
0.50 to 0.99 acres 21,780 to 43,559 ft²	0.25 to 0.99 acres 10,890 to 43,559 ft²	All provisions of this chapter
0.50 to 0.99 acres 21,780 to 43,559 ft²	0 to 0.24 acres 0 to 10,889 ft²	All provisions of this chapter
0 to 0.49 acres 0 to 21,779 ft²	0.25 to 0.49 acres 10,890 to 21,779 ft²	All provisions of this chapter
0 to 0.49 acres 0 to 21,779 ft²	0 to 0.24 acres 0 to 10,889 ft²	Water quality volume retention

§ 263-6 Repealer.

Any other ordinance provision(s) or regulation of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.

§ 263-7 Severability.

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.

§ 263-8 Compatibility with other requirements.

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.

§ 263-9 Erroneous permit.

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 Township purporting to validate such a violation.

§ 263-10 Modifications.

The Township may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

All requests for a modification shall be in writing and shall accompany and be part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.

The modification, if authorized, will represent the minimum deviation that will afford relief and will represent the least modification possible of the regulation in issue.

The condition leading to the request for modification shall not have been created by the applicant.

The Township shall keep a written record of all action on all requests for modification.

No modification or any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Pennsylvania Department of Environmental Protection (DEP) or the Indiana County Conservation District.

§ 263-11 Liability disclaimer.

Neither the granting of any approval under the stormwater management provisions of this chapter nor the compliance with the provisions of this chapter or with any condition imposed by a municipal official hereunder shall relieve the developer, his agents, servants or employees, their heirs, successors or assigns from any responsibility for damage to persons or property resulting there from, or as otherwise imposed by law, nor impose any liability upon the municipality for damages to persons or property.

The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guaranty 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.