This chapter shall be known and may be cited as the "Butler
Township Stormwater Management Ordinance."
The purpose of this chapter is to promote health, safety, and
welfare within Butler Township, Butler County, by minimizing the harms
and maximizing the benefits to the citizens of Butler 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 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.
Primary authority. Butler Township is empowered to regulate
these activities by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
"Stormwater Management Act," and the First Class Township Code, 53
P.S. § 55101 et seq., as amended.
A.
In Butler 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.
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:
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.
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.
A.
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 municipality for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the municipality, 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.
Design standards and criteria for the construction of certain stormwater management facilities should comply with the specifications of Appendix B, Butler Township Standard Details — Stormwater Management, attached to this chapter. The Butler Township Board of Commissioners by resolution may from time to time change the specifications. In their sole discretion, the Township Engineer and the Zoning Officer may approve modifications to the design standards.
