A.
This Part 1 shall be known and referred to as the "Brodhead Creek and McMichaels Creek Watershed Plan Stormwater Management Ordinance."
B.
The Township of Tobyhanna, Monroe County, Pennsylvania (hereinafter "municipality"), hereby finds that:
(1)
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows 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, and threatens public health and safety.
(2)
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and the people of the commonwealth, their resources, and the environment.
(3)
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface water and groundwater quality.
(4)
Through project design, impacts from stormwater runoff can be minimized so as to preserve and restore the flood-carrying capacity of commonwealth streams; to preserve, to the maximum extent practicable, natural stormwater runoff regimes and natural course, current and cross section of water of the commonwealth; and to protect and conserve groundwaters and groundwater recharge areas. Typically, the most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., buffers, floodplains, steep slopes), and designing to topography and soils to appropriately maintain the natural hydrologic regime.
(5)
The tracking of net consumptive water use which includes groundwater withdrawals and recharge can be an effective tool in correlating water use impacts to stream base flows within the watershed. This data can be utilized in developing appropriate measures to maintain base flow and stream health which will meet the purpose and policy of Act 167.
(6)
Any activity in violation of the provisions of this Part 1 or of any watershed stormwater plan or ordinance adopted hereunder is hereby declared a public nuisance, and the Township of Tobyhanna is authorized to seek redress for such violations in the manner and in accordance with the Act of October 4, 1978, P.L. 864, No. 167, Section 15, as amended.[1]