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 § 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,[1] the Kidder Township Zoning Ordinance,[2] as amended from time to time, and the Kidder Township Subdivision and Land Development Ordinance,[3] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See Ch. 180, Zoning.
[3]
Editor's Note: See Ch. 153, Subdivision and Land Development.
A. 
This part shall apply to all areas of Kidder Township,
B. 
This part shall apply to permanent stormwater management facilities constructed within Kidder Township as part of any of the regulated activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this part, but shall continue to be regulated under existing laws and ordinances.
C. 
The following activities are defined as "regulated activities" within the Kidder Township and shall be governed by this part:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation of stormwater systems or appurtenances thereto.
(7) 
Regulated earth disturbance activities.
D. 
This part shall supersede any other ordinances previously adopted by the Township on any issue as contained herein. To the extent that there would be any conflict with any other ordinance adopted by the Township, the provisions of this part shall prevail.
A. 
Impervious cover.
(1) 
Any proposed regulated activity, except those defined in § 148-40C(5) and (6), which would create less than the following square footage of additional impervious cover for the associated acreage of the gross parcel area is exempt from the drainage plan preparation provisions of this part:
Gross Parcel Area
(acres)
Maximum Impervious Coverage Exempted from Drainage Plan
(square feet)
0.00 to 0.25
1,500
0.26 to 0.50
2,000
0.51 to 1.00
3,250
Greater than 1.00
5,000
(2) 
Any proposed regulated activity, except those listed in § 148-40C(5) and (6), which would create more than the above listed area of impervious coverage for the corresponding lot size, but less than 5,000 square feet shall be considered a "small project" and must comply with only the water quality components of this part in § 148-49, and shall be permitted to use standard design criteria and Stormwater Application for Small Projects in Appendix A[1] to demonstrate compliance. Any regulated activity over 5,000 square feet of impervious coverage shall be considered a "large project" and shall not be exempt from any section of this part, and shall submit a completed Stormwater Application for Large Projects found in Appendix B,[2] among other required information.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(3) 
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria. Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any additional areas proposed to initially be gravel, crushed stone, porous pavement, etc. shall be assumed to be impervious for the purpose of comparison to the exemption criteria. Any existing gravel, crushed stone or hard-packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation. All of the impervious cover added incrementally to a site over the maximum square footage listed above shall be subject to the provisions of this part.
B. 
Prior drainage plan approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from Kidder Township prior to the effective date of this part is exempt from the drainage plan preparation provisions of this part, except as cited in Subsection C, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code ("MPC"). If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this part, preparation of a new drainage plan, subject to the provisions of this part, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original drainage plan.
C. 
Use of land for gardening for home consumption.
D. 
Agriculture when operated in accordance with a conservation plan developed by USDA Natural Resources Conservation Service (NRCS) or in accordance with planning criteria NRCS, or erosion and sedimentation control plan found adequate by the Conservation District. The agricultural activities such as growing crops, rotating crops, tilling of soil and grazing animals and other such activities are specifically exempt from complying with the requirements of this part.
E. 
Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Controlling Erosion and Sediment from Timber Harvesting Operations" and are operating under an erosion and sedimentation and control plan.
F. 
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property, and state water quality requirements. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
G. 
No exemptions shall be provided for regulated activities as defined in § 148-40C(5) and (6).
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.