Township of Harris, PA Article I General Provisions

§ 13-1.1 Findings.

The governing body of Harris Township finds that:

A. Inadequate maintenance of stormwater best management practices (BMPs) causes loss of water quality, flooding, and other problems.

B. Federal and state regulations require this Township to obtain a permit for discharges from its MS4 and to implement a program of stormwater controls.

C. A comprehensive program of reasonable regulation of connections and discharges to municipal stormwater management facilities 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.

D. Stormwater is an important resource.

E. Federal and state regulations require this municipality to obtain a permit for discharges from its MS4 and to implement a program of stormwater controls.

§ 13-1.2 Purpose.

The purpose of this chapter is to promote health, safety, and welfare within Harris Township through provisions designed to:

A. Manage accelerated runoff, erosion, aggradation, and degradation.

B. Meet NPDES MS4 permit requirements.

C. Meet state water quality requirements.

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 maintenance of all permanent stormwater management facilities that are constructed in the Township.

G. Provide procedures and standards for stormwater management and planning.

H. Protect groundwater and surface water quality.

§ 13-1.3 Statutory authority.

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," and the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.).

§ 13-1.4 Applicability; regulated activities.

A. This chapter shall apply to all land and watercourses within Harris Township.

B. This chapter shall only apply to permanent stormwater management facilities and BMPs constructed as part of any of the regulated activities listed in this section and to the ownership and maintenance of said facilities and BMPs. Stormwater management and erosion and sediment pollution control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.

C. The following activities are defined as "regulated activities" and shall be regulated by this chapter:

(1) Land development;

(2) Subdivision;

(3) Construction of new or additional impervious or semipervious surfaces (roadways, driveways, parking lots, etc.);

(4) Construction of new buildings or additions to existing buildings;

(5) Diversion or piping of any natural or man-made stream channel;

(6) Installation of stormwater management facilities or appurtenances thereto;

(7) Land disturbance.

§ 13-1.5 Compatibility with other requirements.

Approvals issued 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, rules, statutes, or ordinances.

§ 13-1.6 Landowner responsibility.

The granting of any exemption, permit, or approval by the Township does not relieve the applicant from assuring that stormwater runoff from the development site will not cause injury or damage to other persons or property.

§ 13-1.7 References to specific methods and publications.

Specific methods and publications indicated in this chapter shall, in all cases, refer to the latest available edition and include revisions or amendments thereto.

§ 13-1.8 Exemptions.

A. Activities identified below are exempt from the requirement to submit a stormwater management site plan to the Township for review. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. This exemption shall not relieve the applicant from meeting the special requirements for water quality and groundwater recharge for high-quality (HQ) and exceptional-value (EV) watersheds (DEP Chapter 93 and anti-degradation requirement) and § 13-3.4C and E of this chapter relative to recharge and water quality volume requirements.

(1) All development activities having impervious surface or land disturbance of less than 10% of the total site area up to a maximum impervious area of 5,000 square feet. However, adequate and safe conveyance of stormwater from the site must be provided. For developments that are to be constructed in phases, the sum of all final phases must be considered in establishing exemption eligibility. Impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks or bikeways.

(2) Land disturbance associated with the construction or alteration of one- and two-family dwellings, provided that the disturbance does not alter any stormwater condition beyond the boundaries of the lot or alter provisions of a previously approved stormwater management site plan for the lot or encompassing subdivision. Multiple-lot (greater than two) subdivisions cannot be exempted.

(3) Any site less than one acre in size that decreases the total site impervious area following development and:

(a) Is not located within a recognized sensitive area (as defined in Article II, Terminology, of this chapter);

(b) Is not defined as a water quality sensitive (WQS) development (as defined in Article II, Terminology, and Appendix B, Watershed Maps[1]); or

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

(c) Is not located in an area where existing downstream stormwater problems are known to occur (the Township Engineer shall make the final determination as to preexisting problems, but the Township must have supporting documentation of past problems).

(4) In addition, the Township Engineer may waive the requirement to prepare a stormwater management site plan for sites larger than 1.0 acre for which the overall site impervious area is being decreased and which meets the other conditions identified above.

(5) Agriculture and silviculture activities as defined in this chapter that are conducted according to requirements of 25 Pa. Code Chapter 102.

B. The diversion or piping of any natural or man-made stream channel and/or for the installation of stormwater management facilities or modifications thereto cannot be exempted. These activities always require the submission of a stormwater management site plan. The exemptions in Subsection A(1) and (2) cannot be combined for use with small residential subdivisions.

C. In addition to the general exemptions identified above, exemptions for specific technical criteria are identified where applicable in Article III.

§ 13-1.9 Municipal liability.

The degree of stormwater management sought by the provisions of this chapter is considered reasonable for regulatory purposes. This chapter shall not create liability on the part of the Township, any appointed or elected official of the Township, the Centre County Conservation District, or any officer, engineer, or employee thereof for the erosion, sedimentation, or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 13-1.10 Erroneous approval.

Any approval 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 approval 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.