This Part 1 shall be known and may be cited as the "Township
of Robinson MS4 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 flow 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, 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, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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).
The purpose of this Part 1 is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 240-2 of this Part 1, through provisions designed to:
A.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
B.
Preserve the natural drainage systems as much as possible.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and streambeds.
G.
Provide proper operation and maintenance of all SWM BMPs that are
implemented within the municipality.
H.
Provide standards to meet NPDES permit requirements.
The municipality also 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]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this Part 1.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this Part 1 is hereby repealed
to the extent of the inconsistency only.
Approvals issued and actions taken under this Part 1 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 municipality purporting to validate such a violation.
