This chapter shall be known and may be cited as the "White Township
Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 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.
B. 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.
C. Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
D. 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:
(3) Harvest and use precipitation near where it falls to earth.
E. Green infrastructure practices and LID contribute to the restoration
or maintenance of predevelopment hydrology.
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:
A. Manage and control stormwater runoff resulting from land alteration
and disturbance activities pursuant to the Pennsylvania Storm Water
Management Act (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.
B. 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.
C. Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
D. Encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
E. Provide for adequate design, construction and maintenance of all
permanent stormwater structures, facilities, best management practices
(BMPs) and all conveyance systems in the Township.
F. Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
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, 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.
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.
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.
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.
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.