This chapter shall be known and may be cited as the "Marlborough
Township Stormwater and Erosion and Sedimentation Pollution Control
Ordinance of 2015."
This chapter has been prepared in accordance with the Pennsylvania
Stormwater Management Act (Act 167 of 1978), 32 P.S. § 680.1
et seq.; the Pennsylvania Clean Streams Law (P.L. 1987, as amended),
35 P.S. § 691.1 et seq.; and the Pennsylvania Municipalities
Planning Code (Act 247, as amended), 53 P.S. § 10101 et
seq.
It is the purpose of this chapter to regulate stormwater runoff,
erosion, and sedimentation; to protect and preserve surface waters
and groundwaters of the Township; and to protect the health, safety,
and general welfare of Township residents. The provisions of this
chapter are designed:
A. To maintain or improve year-round flows and water quality in all
streams and watercourses of the Township;
B. To control runoff, erosion and sedimentation through measures that
are on site and situated as close as possible to where stormwater
falls on the land and minimize the use of structures and rely instead
on natural processes;
C. To maximize recharge of groundwater and encourage storage of rainfall
to sustain groundwater supplies and stream flows;
D. To provide for proper maintenance and operation of all permanent
stormwater management facilities and limit the use of stormwater structures
which will present maintenance problems;
E. To ensure that the short- and long-term financial obligations of
the Township for stormwater management programs, facilities, and corrective
actions are minimized;
F. To provide review procedures and performance standards for stormwater
planning and management;
G. To preserve and restore the flood-carrying capacity of streams and
other watercourses;
H. To prevent scour and erosion of stream banks and stream beds;
I. To provide a mechanism to identify controls necessary to meet the
National Pollutant Discharge Elimination System (NPDES) permit requirements;
J. To implement an illegal-discharge detection and elimination program
to address nonstormwater discharges into the municipality's separate
storm sewer system; and
K. To meet legal water quality requirements under state law, including
regulations at 25 Pa. Code, Chapter 93.4a, to protect and maintain
"existing uses" and maintain the level of water quality to support
those uses in all streams and to protect and maintain water quality
in "special-protection" streams.
The provisions of this chapter shall be held to be the minimum
requirements to meet the above-stated purposes. Where the provisions
of any other statute, ordinance or regulations impose greater restrictions
than those of this chapter, the provisions of such statute, ordinance
or regulations shall prevail and take precedence.
All other Township ordinances inconsistent with this chapter
are hereby repealed to the extent of the inconsistency only.
The provisions of this chapter shall be severable; and if any
of the provisions of this chapter shall be held to be unconstitutional,
invalid, or illegal by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
The degree of stormwater protection sought by the provisions
of this chapter is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. This chapter
does not imply that areas subject to the stormwater management requirements
of this chapter will be free from flooding or flood damages.