This chapter shall be known and may be cited as the "Middletown
Township Stormwater Management and Earth Disturbance Ordinance."
The governing body of the Township finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment 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 and redevelopment 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 (SWM), 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 Township and all 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 baseflow 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 baseflow 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 townships to implement
a program of stormwater controls. These townships 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 Township.
The purpose of this chapter is to promote the public health, safety and welfare within the Neshaminy and Delaware River South Watersheds by maintaining the natural hydrologic regime and minimization of the impacts described in § 430-102 of this chapter through provisions designed to:
A.
Promote alternative project designs and layouts that minimize the
impacts on surface water and groundwater.
B.
Promote nonstructural best management practices (BMPs).
C.
Minimize increases in 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 water and groundwater quality, and
to otherwise protect water resources.
J.
Maintain existing baseflows and quality of streams and watercourses.
K.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4.a 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 Township's separate
storm sewer system.
O.
Preserve and restore 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 structural
and nonstructural stormwater management facilities and BMPs that are
implemented in the Township.
S.
Provide requirements and necessary agreements for long-term maintenance
responsibilities for all permanent structural and nonstructural stormwater
management facilities and BMPs to ensure that they continue to function
as designed and maintained and pose no threat to public health, safety
and welfare.
The Township is empowered to regulate land use activities that
affect runoff, surface water and groundwater quality and quantity
by the authority of the following:
A.
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the "Storm Water 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.
and 66601 et seq.;
E.
Clean Water Act, P.L. 92-500, as amended, 33 U.S.C. § 1251
et seq.; Pennsylvania's Clean Streams Law, as amended, 35 P.S.
§ 691.1 at seq.; federal regulations implementing the National
Pollutant Discharge Elimination System program under Sections 318,
402 and 405 of the Clean Streams Act, as codified at 40 CFR 122.26
and 123.35, and state regulations incorporating those federal regulations,
as codified at 25 Pa. Code § 92.2;[2] and
[2]
Editor's Note: Chapter 92 of the Pa. Code was reserved 10-8-2010.
See now 25 Pa. Code Ch. 92a, National Pollutant Discharge Elimination
System (NPDES) Permitting, Monitoring and Compliance.
F.
As a condition of the general permit for stormwater discharges from
small municipal separate storm sewer systems, to implement and enforce
stormwater management programs in accordance with established stormwater
management protocols, as the same may be amended from time to time.
A.
Approvals issued pursuant to this chapter do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act or ordinance.
B.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
otherwise contained in this chapter shall be followed.
C.
Nothing in this chapter shall be construed to affect any of the Township's
requirements regarding stormwater matters that do not conflict with
the provisions of this chapter, such as local stormwater management
design criteria (e.g., inlet spacing, inlet type, collection system
design and details, outlet structure design, etc.). Conflicting provisions
in other Township ordinances or regulations shall be construed to
retain the requirements of this chapter addressing state water quality
requirements.
