[Ord. 2011-09, 9/7/2011, § 101]
This Chapter shall be known and may be cited as the "Shrewsbury
Township Stormwater Management Ordinance."
[Ord. 2011-09, 9/7/2011, § 102]
The Board of Supervisors of Shrewsbury Township finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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, 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, and welfare and the protection
of people of the Commonwealth, their resources, and the environment.
C.
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.
D.
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).
[Ord. 2011-09, 9/7/2011, § 103]
The purpose of this Chapter is to promote health, safety, and welfare within the Township and its watershed by minimizing the harms and maximizing the benefits described in § 25-102 of this Chapter, through provisions designed 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 this
Commonwealth.
B.
Preserve the natural drainage systems as much as possible.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and streambeds.
G.
Provide proper operation and maintenance of all SWM BMPs that are
implemented within the Township.
H.
Provide standards to meet NPDES permit requirements; along with provide
performance standards and design criteria for watershed-wide stormwater
management, collection, conveyance and planning.
[Ord. 2011-09, 9/7/2011, § 104]
1.
Primary Authority. The Township is empowered to regulate land use
activities that affect stormwater impacts by the authority vested
in Second Class Townships by the Second Class Township Code, 53 P.S.
§§ 65101 et seq., and the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
Stormwater Management Act.
2.
Secondary Authority. The Township also is empowered to regulate land
use activities that affect runoff by the authority of the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, as amended.
[Ord. 2011-09, 9/7/2011, § 105]
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.
[Ord. 2011-09, 9/7/2011, § 108]
Permits and approvals issued pursuant to this Chapter do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act or ordinance. If more stringent requirements concerning
regulation of stormwater or erosion and sedimentation control are
contained in another code, rule, act or ordinance, the more stringent
regulations shall apply.
[Ord. 2011-09, 9/7/2011, § 109]
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.
[Ord. 2011-09, 9/7/2011, § 110]
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this Chapter, be interpreted in the following manner:
A.
Words used in the present tense also imply the future tense.
B.
Words used in the singular imply the plural, and vice versa.
C.
Words of masculine gender include feminine gender, and vice versa.
D.
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s) to all
other instances of like kind and character.
E.
The words "person," "applicant," or "developer" include a partnership,
corporation, or other legal entity, as well as an individual.
F.
The words "shall," "required," or "must" are mandatory; the words
"may" or "should" are permissive.
[Ord. 2011-09, 9/7/2011, § 111]
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.
