This part shall be known and may be cited as the "Kidder Township
Stormwater Management Ordinance." This part provides stormwater management
requirements for regulated activities and storm drainage system requirements
applicable to the entire Township.
The Board of Supervisors of Kidder Township finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, changes the
natural hydrologic patterns, destroys aquatic habitat, elevates aquatic
pollutant concentrations and loadings, 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 and threatens public health and safety.
B. A comprehensive program of stormwater management can provide reasonable
regulation of development and activities causing accelerated erosion
and loss of protection of the people of Kidder Township and all of
the people of the commonwealth, their resources and the environment.
C. Stormwater can be an important resource by providing groundwater
recharge for water supplies and baseflow of streams, which also protects
and maintains surface water quality.
D. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
E. 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).
F. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by a municipality.
The purpose of this part is to promote the public health, safety and welfare within Kidder Township by minimizing damages and maximizing the benefits of stormwater control as described in §Â
148-37 of this part by enacting provisions designed to:
A. Manage stormwater runoff impacts at their source by regulating activities
which cause such problems.
B. Utilize and preserve the desirable existing natural drainage systems.
C. Encourage infiltration of stormwater, where appropriate, to maintain
groundwater recharge, to prevent degradation of surface and groundwater
quality and to otherwise protect water resources.
D. Maintain the existing flows and quality of streams and watercourses
in Kidder Township and in the commonwealth.
E. Preserve and restore flood-carrying capacity of streams.
F. Provide for proper maintenance of all permanent stormwater management
best management practices (BMPs) that are implemented in Kidder Township.
G. Provide review procedures and performance standards for stormwater
planning, design and management.
H. Manage stormwater impacts close to the runoff source which requires
a minimum of structures and relies on natural processes.
I. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93.4a to protect and maintain "existing
uses" and maintain the level of water quality to support those uses
in all streams and to protect and maintain water quality in "special
protection" streams.
J. Prevent scour and erosion of stream banks and streambeds.
K. Provide standards to meet NPDES permit requirements.
Kidder Township 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, the Kidder Township Zoning Ordinance, as amended from time to time, and the Kidder Township
Subdivision and Land Development Ordinance, as amended.
Approvals issued pursuant to this part 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.
Notwithstanding any provisions of this part, including exemption
and waiver provisions, any landowner and any person engaged in the
alteration or development of land which may affect stormwater runoff
characteristics shall implement such measures as are reasonably necessary
to prevent injury to health, safety or other property. Such measures
shall include such actions as are required to manage the rate, volume,
direction and quality of resulting stormwater runoff in a manner which
otherwise adequately protects health and property from possible injury.