Township of North Strabane, PA Part 1 GENERAL PROVISIONS

§ 26-101 Short Title.

[Ord. No. 383, 8/27/2019]

This chapter shall be known cited as the "North Strabane Township Stormwater Management Ordinance."

§ 26-102 Purpose.

[Ord. No. 383, 8/27/2019]

1. The purpose of this chapter is to promote health, safety, and welfare within North Strabane Township, Washington County, by minimizing the harms and maximizing the benefits to the citizens of North Strabane Township and surrounding communities through provisions intended to:

A. To the extent practicable, 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 the commonwealth.

B. Manage accelerated runoff and erosion and sedimentation problems close to their source, by regulating activities that cause these problems.

C. Preserve the natural drainage systems to the fullest extent practical.

D. Maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.

E. Maintain existing flows and quality of streams and watercourses.

F. Preserve and restore the flood-carrying capacity of streams and prevent scour and erosion of stream banks and streambeds.

G. Manage stormwater impacts close to the runoff source, with a minimum of structures and a maximum use of natural processes.

H. Provide procedures, performance standards, and design criteria for stormwater planning and management.

I. Provide proper operations and maintenance of all temporary and permanent stormwater management facilities and best management practices (BMPs) that are constructed and implemented.

J. Promote safe practices aimed at minimizing downstream damage.

K. Provide standards to meet the NPDES permit requirements.

§ 26-103 Statutory Authority.

[Ord. No. 383, 8/27/2019]

Primary Authority: North Strabane Township is empowered to regulate these activities by the authority of the Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act," and the Second Class Township Code, 53 P.S. § 55101 et seq., as amended.

§ 26-104 Applicability.

[Ord. No. 383, 8/27/2019]

1. In North Strabane Township, all regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.

2. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.

3. "Regulated activities" are any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff. "Regulated activities" include, but are not limited to, the following listed items:

A. Earth disturbance activities.

B. Land development.

C. Subdivision.

D. Construction of new or additional impervious or semipervious surfaces.

E. Construction of new buildings or additions to existing buildings.

F. Installation of stormwater management facilities or appurtenances thereto.

4. See § 26-302 of this chapter for exemption/modification criteria.

§ 26-105 Repealer.

[Ord. No. 383, 8/27/2019]

Any ordinance, ordinance provision(s), or regulation of North Strabane Township inconsistent with any of the provision(s) of this chapter is hereby repealed to the extent of the inconsistency only.

§ 26-106 Severability.

[Ord. No. 383, 8/27/2019]

In the event that a court of competent jurisdiction declares any section(s) or provision(s) of this chapter invalid, such decision shall not affect the validity of any of the remaining section(s) or provision(s) of this chapter.

§ 26-107 Compatibility with Other Ordinance Requirements.

[Ord. No. 383, 8/27/2019]

Approvals issued and actions taken pursuant to this chapter do not relieve the applicant of the responsibility to comply with or to secure required permits or approvals for activities regulated by any other applicable codes, laws, rules, statutes, or ordinances. To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.

§ 26-108 Duty of Persons Engaged in Development of Land.

[Ord. No. 383, 8/27/2019]

Any landowner or any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall, unless an exemption is granted, implement such measures as are required by this chapter to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and where practicable quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality.

§ 26-109 Municipal Liability Disclaimer.

[Ord. No. 383, 8/27/2019]

1. Neither the granting of any approval under this chapter, nor the compliance with the provisions of this chapter, or with any condition imposed by a municipal official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law nor impose any liability upon the Township for damages to persons or property.

2. The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Township, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

§ 26-110 Design Standards.

[Ord. No. 383, 8/27/2019]

Design standards and criteria for the construction of certain stormwater management facilities should comply with the specifications of Appendix E, North Strabane Township Standard Details, included in this chapter.[1] The North Strabane Township Board of Supervisors by resolution may from time to time change the specifications. In their sole discretion, the Township and the zoning officer may approve modifications to the design standards.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

§ 26-111 When Effective.

[Ord. No. 383, 8/27/2019]

This chapter shall take effect immediately.

§ 26-112 Waivers.

[Ord. No. 383, 8/27/2019]

1. If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 26-112, Subsections 2 and 3. The request for a waiver or modification shall originate with the landowner, shall be in writing, and accompany the stormwater management site plan submission to the municipality. The request shall provide the facts on which the request is based, the provision(s) of the ordinance involved and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of this chapter including § 26-112, Subsections 2 and 3. If acceptable to the municipality and the regulated stormwater activity involving earth disturbance is less than one acre, the municipality may grant the waiver or modification. If acceptable to the municipality and the regulated stormwater activity involving earth disturbance is greater than or equal to one acre, the municipality will send the request to the DEP as per § 26-112, Subsection 3.

2. Waivers or modifications of the requirements of this chapter may be approved by the municipality if enforcement will exact undue hardship because of unique physical circumstances or preexisting site conditions peculiar to the land in question, provided that the modifications will not be contrary or detrimental to the public interest and will achieve the intended outcome, and that the purpose of the chapter is preserved. Hardship must be due to such unique physical circumstances or preexisting site conditions and not the circumstances or conditions generally created by the provisions of this chapter, and there is no possibility that the property can be developed in strict conformity with the provisions of this chapter. Cost or financial burden shall not be considered a hardship. Hardship cannot have been created by the landowner or developer. Modification shall not substantially or permanently impair the appropriate use or development of adjacent property. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the chapter.

3. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by the Department of Environmental Protection (DEP). If a response from the DEP is not received within 45 days, the waiver or modification shall be deemed acceptable. Prior DEP approval of the particular waiver or modification will constitute approval for use of the particular waiver or modification for similar circumstances or conditions.