This chapter shall be known as the "Millcreek Township Stormwater
Management Ordinance."
The Board of Supervisors 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 Township, 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 stream beds and stream banks, thereby elevating sedimentation);
destroying aquatic habitat; elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens;
and impacting groundwater resources 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.
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).
F.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth.
This chapter is intended to promote the health, safety and welfare
within the Township by minimizing the harms and maximizing the benefits
described in 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.
Utilize and preserve the existing natural drainage systems and preserve
the flood-carrying capacity of streams.
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 stream beds.
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 stormwater management
facilities and best management practices (BMPs) that are constructed
and implemented.
J.
Provide standards to meet the NPDES permit requirements.
K.
Implement an illicit discharge detection and elimination program
to address nonstormwater discharges into Millcreek's separate
storm sewer system.
The Township of Millcreek is empowered to regulate these activities
by the authority of the Pennsylvania Storm Water Management Act, 32
P.S. § 680.1 et seq., as amended and the Second Class Township
Code, 53 P.S. § 65101 et seq., as amended. The Township
is further empowered to regulate land use and development by the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended.
This chapter shall apply to all areas of Millcreek Township,
any regulated activity within the Township and all stormwater runoff
entering into the Township's separate storm sewer system from
lands within the boundaries of Millcreek Township. Regulated activities
include, but are not limited to the following items:
A.
Subdivision.
B.
Land development.
C.
Construction of new or additional impervious or semipervious surfaces
(e.g., driveways, parking lots).
D.
Construction of new buildings or structures or additions to existing
buildings or structures.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation, replacement or substantial repair of stormwater systems
or appurtenances thereto.
G.
Earth disturbance activities.
H.
Installation of stormwater BMPs.
Approvals issued and actions taken pursuant to this chapter
do not relieve an applicant of the responsibility to comply with or
to secure required permits or approvals for activities regulated by
any other applicable laws, codes, statutes, ordinances, rules or regulations.
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.
A.
Neither the grant nor denial of any approval under the provisions
of this chapter, nor the compliance with the provisions of this chapter,
or with any condition imposed by the Township, its officials, employees
or representatives 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 for such damages upon the
Township, its officials, employees and/or representatives.
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 Township, or by an official, employee, solicitor,
and consulting engineer 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 any official, employee, or designated
representative for any damage that may result pursuant thereto.
Upon its effective date, this chapter shall amend and restate all prior ordinances governing stormwater management and shall be that Stormwater Management Ordinance incorporated by reference in Article XII, Stormwater Management Ordinance, of Chapter 125, Subdivision and Land Development, of the Code of the Township of Millcreek, as amended.
