The governing body of the Township finds that:
A. Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment 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 non-point-source pollution of water resources.
B. A comprehensive program of stormwater management, including reasonable
regulation of land development and redevelopment causing loss of natural
infiltration, is fundamental to the public health, safety, and welfare
and the protection of the people of the Township and all the people
of the commonwealth, their resources, and the environment.
C. Inadequate maintenance of stormwater management best management practices
(BMPs) contributes to erosion and sedimentation, overtaxes the carrying
capacity of streams and storm sewers, 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
pollution of water resources.
D. Reasonable regulation of connections and discharges to municipal
separate storm sewer systems is fundamental to the public health,
safety, and welfare and the protection of the people of the commonwealth,
their resources, and the environment.
E. 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.
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G. Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their 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).
H. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
The purpose of this chapter is to promote health, safety, and welfare within the Township and the Stony Creek/Saw Mill Run watershed by minimizing the hazards and maximizing the benefits described in §
166-1 of this chapter through provisions designed to:
A. Provide standards to meet NPDES MS4 permit requirements.
B. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 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.
C. Maintain the existing flows and quality of streams and watercourses.
D. Reduce accelerated erosion, scour, aggradation and degradation of
stream banks and stream beds.
E. Maintain groundwater recharge, to prevent degradation of surface
water and groundwater quality and to otherwise protect water resources.
F. Manage stormwater runoff impacts at their source by regulating activities
that cause the problems.
G. Utilize and preserve the existing natural drainage systems as much
as possible.
H. Manage stormwater impacts close to the runoff source, which requires
a minimum of structures and relies on natural processes.
I. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
J. Provide for proper operation and maintenance of all stormwater management
facilities and all stormwater management BMPs that are implemented
within the Township.
K. Provide for proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented in the Township.
L. Provide a mechanism to identify controls necessary to meet the NPDES
permit requirements.
M. Implement an illegal discharge detection and elimination program
to address nonstormwater discharges into the Township's separate
storm sewer system.
The Township is empowered to regulate land use activities that
affect stormwater impacts by the Act of October 1978, P.L. 864 (Act
167), the Storm water Management Act, and the Act of July 31, 1968,
P.L. 805 (Act 247), the Pennsylvania Municipalities Planning Code,
as amended.
Any other chapter 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 any section or provision of this chapter is
declared invalid by a court of competent jurisdiction, 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 the 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.