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.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq. and 53 P.S. § 10101 et seq.
A. 
This chapter shall apply to all regulated activities within the Township and all activities within the Township that may affect stormwater runoff, including land development and earth disturbance activity, and all activities that may contribute nonstormwater discharges to the Township's separate storm sewer system, unless exempted by § 166-5 of this chapter.
B. 
This chapter shall apply to all activities related to proper operation and maintenance of approved stormwater management BMPs.
C. 
Earth disturbance activities and associated stormwater management facilities are also regulated under existing state law and implemented regulations. This chapter shall operate in coordination with those parallel requirements: the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
A. 
Subject to § 166-5D of this chapter, the following activities are exempt from the stormwater management plan, volume controls, stormwater management district and peak rate control, and BMP operation and maintenance plan requirements of this chapter:
(1) 
Agricultural plowing or tilling activities, home gardening, animal heavy-use areas or timber harvesting activities, municipal composting activities, pavement resurfacing activities (including pavement removal and replacement in kind) or road maintenance activities.
(2) 
Regulated activities that create up to 250 square feet of new impervious area. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria. Any areas that may be designed to initially be semipervious (e.g., gravel, crushed stone, etc.) shall be considered as impervious areas for the purpose of exemption evaluation.
(3) 
Regulated activities that create up to 1,000 square feet of earth disturbance. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria.
(4) 
Clearing and grubbing activities, including earth disturbances which are directly incidental to those clearing and grubbing activities. This exemption shall not apply to those clearing and grubbing activities performed in conjunction with another regulated activity.
(5) 
Any maintenance of an existing stormwater management system made in accordance with plans and/or specifications approved by the Township or the Township Engineer.
(6) 
Emergency maintenance work performed for the protection of public health, safety and welfare. A written description of the scope and extent of any emergency work shall be submitted to the Township within two days of the commencement of activity. If the Township finds that the work is not an emergency, then the work shall cease immediately, and the requirements of this chapter shall be addressed as applicable.
B. 
Subject to § 166-5D of this chapter, the following activities are exempt from the stormwater management plan, stormwater management district and peak rate control, and BMP operation and maintenance plan requirements of this chapter:
(1) 
Regulated activities that create between 250 square feet and up to 2,000 square feet of new impervious area. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria. Any areas that may be designed to initially be semipervious (e.g., gravel, crushed stone, etc.) shall be considered as impervious areas for the purpose of exemption evaluation.
(2) 
Regulated activities that create between 1,000 square feet and up to 2,000 square feet of earth disturbance. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria.
C. 
Subject to § 166-5D of this chapter, the following activities are exempt from the stormwater management district and peak rate control requirements of this chapter:
(1) 
Regulated activities that create between 2,000 square feet and up to 5,000 square feet of new impervious area. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria. Any areas that may be designed to initially be semipervious (e.g., gravel, crushed stone, etc.) shall be considered as impervious areas for the purpose of exemption evaluation.
(2) 
Regulated activities that create between 2,000 square feet and up to 5,000 square feet of earth disturbance. For development taking place in stages, the entire development plan must be used in determining conformance with this criteria.
D. 
Exemption criteria:
(1) 
Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety and property.
(2) 
HQ and EV streams. An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining directly to identified high-quality (HQ) or exceptional-value (EV) waters and source water protection areas (SWPAs) and requirements for nonstructural design sequencing.
(3) 
Existing drainage issues. If a drainage problem is documented or is otherwise known to exist downstream or if the proposed activity is expected to result in a drainage problem, then the Township may require the applicant to comply with this chapter.
(4) 
Qualifying for an exemption from this chapter does not relieve the applicant from complying with other regulations.
(5) 
Activities which are exempted from stormwater management plan requirements of this chapter by § 166-5B must meet the simplified drainage plan requirements given in Article III.
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.
A. 
Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or chapter. 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.
B. 
Nothing in this chapter shall be construed to affect any of the Township's requirements regarding stormwater matters which do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other Township chapters or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
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.