The Board of Supervisors of Towamencin Township, Montgomery
County, Pennsylvania finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout the Township 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, activities causing accelerated erosion,
and connections and discharges to the municipal separate storm sewer
system is fundamental to the public health, safety, welfare, and the
protection of the people of the 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 streambanks, 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.
F. Federal and state regulations require the Township to implement a
program of stormwater controls. The Township is required to obtain
a permit for stormwater discharges from its separate storm sewer system
under the National Pollutant Discharge Elimination System (NPDES).
Permittees are required to enact, implement, and enforce a prohibition
of nonstormwater discharges to the permittee's regulated small
municipal separate storm sewer systems (MS4s).
G. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of surface waters of the commonwealth
by the Township.
The purpose of this chapter is to promote health, safety, and welfare within the Township and its watersheds by minimizing the harm and maximizing the benefits described in §
132-1 of this chapter through provisions designed to:
A. Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
B. Utilize and preserve the existing natural drainage systems.
C. Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
D. Maintain existing flows and quality of streams and watercourses in
the Township and the commonwealth.
E. Preserve and restore the flood-carrying capacity of streams.
F. Provide proper operation and maintenance of permanent stormwater
management facilities and permanent stormwater management best management
practices ("BMPs") in the Township that are constructed in conjunction
with a regulated activity.
G. Provide review procedures and performance standards for stormwater
planning and management.
H. Manage stormwater runoff close to the source.
I. Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter
93, to protect and maintain, reclaim, and restore the existing and designated uses of surface waters of the commonwealth.
J. Prevent scour and erosion of streambanks and streambeds.
K. Provide standards to meet NPDES stormwater permit requirements.
L. Implement an illegal discharge detection and elimination program
to address nonstormwater discharges into the municipal separate storm
sewer system of Towamencin Township.
M. Preserve natural drainage systems as much as possible.
The Township is empowered to regulate land use activities that
affect runoff 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
"Storm Water Management Act"; by the Authority of Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as
further amended by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101
et seq.; and the Pennsylvania Second-Class Township Code.
Any other ordinance provision(s) or regulation of the Township
inconsistent with any of the provisions 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 or provision(s) of this chapter invalid, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
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.