This chapter shall be known and may be cited as the "Shirley
Township Stormwater Management Ordinance."
The governing body of Shirley Township finds that:
A.
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 existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
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, welfare, and the protection
of the people of the municipality and all the people of the commonwealth,
their resources, and the environment.
C.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns; accelerating stream flows (which increase scour and erosion
of streambeds and stream banks thereby elevating sedimentation); destroying
aquatic habitat; and elevating aquatic pollutant concentrations and
loadings, such as sediments, nutrients, heavy metals, and pathogens.
Groundwater resources are also impacted through loss of recharge.
D.
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.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F.
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).
G.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth.
The purpose of this chapter is to promote health, safety, and welfare within Shirley Township, Huntingdon County, by minimizing the harms and maximizing the benefits described in § 231-2 of this chapter through provisions intended 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 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 as much as possible.
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.
Provide standards to meet the NPDES permit requirements.
A.
Primary authority: Shirley 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 "Stormwater Management Act."
A.
This chapter shall apply to all areas of Shirley Township, any regulated
activity within Shirley Township, and all stormwater runoff entering
into Shirley Township's separate storm sewer system from lands
within the boundaries of Shirley Township.
B.
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.
C.
"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:
(1)
Earth disturbance activities.
(2)
Land development.
(3)
Subdivision.
(4)
Construction of new or additional impervious or semipervious surfaces.
(5)
Construction of new buildings or additions to existing buildings.
(6)
Diversion or piping of any natural or man-made stream channel.
(7)
Installation of stormwater management facilities or appurtenances
thereto.
(8)
Installation of stormwater BMPs.
Any ordinance, ordinance provision(s), or regulation of Shirley
Township inconsistent with any of the provision(s) of this chapter
is hereby repealed to the extent of the inconsistency only.
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.
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.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or 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 also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, property, and water quality.
