This chapter shall be known and may be cited as the "Washington
Township Stormwater Management Ordinance."
Washington Township Council 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
the 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 Washington Township 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.
The purpose of this chapter is to promote health, safety and welfare within Washington Township, Erie County, by minimizing the harms and maximizing the benefits described in §
112-2 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 surface waters.
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 management 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.
This chapter is adopted pursuant to 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 consistent
with the authority of the Act of July 31, 1968, P.L. 805, No. 247,
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101,
et seq., as amended.
The provisions of this chapter shall be severable, and if any
of these provisions shall be held or declared illegal, invalid, or
unconstitutional by any court of competent jurisdiction, the validity
of the remaining provision of this chapter shall not be affected.
It is hereby declared as the legislative intention that this chapter
would have been adopted had such unconstitutional provisions not been
included herein.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed. In particular, any provisions of Chapter
119 of the Code of Washington Township (Subdivision and Land Development Ordinance), if any, are repealed to the extent they conflict with the provisions 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.