[Ord. 2003-02, 3/3/2003, § 101]
This Part shall be known and may be cited as the "Spring Township
Stormwater Management Ordinance."
[Ord. 2003-02, 3/3/2003, § 102]
1. The Board of Supervisors of the Township finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities; contributes to erosion and sedimentation; overtaxes the
carrying capacity of existing streams and storm sewers; greatly increases
the cost of public facilities to convey and manage stormwater; undermines
floodplain management and flood reduction efforts in upstream and
downstream communities; reduces groundwater recharge; and threatens
public health and safety.
B. This stormwater management Part has been developed considering the
actual hydrologic processes that occur within the Spring Creek Watershed
and how these processes can best be represented in hydrologic models
that are used in engineering practice to model developing areas for
stormwater management purposes. Process driven stormwater management
planning is critical in the Spring Creek Watershed due to the underlying
geology. The Spring Creek Watershed is mainly underlain by carbonate
formations. As a result, significant areas within the watershed do
not produce overland or surface runoff, but rather contribute to the
storm flow component of runoff in larger tributary areas via a greater
than normal interflow component.
C. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
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.
[Ord. 2003-02, 3/3/2003, § 103]
1. This purpose of this Part is to promote health, safety and welfare within Spring Township by minimizing the damages described in §
26-302, Subsection
1A, of this Part 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. Encourage the use of low-impact development techniques to promote
infiltration and groundwater recharge where appropriate.
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 basin.
G. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
H. Protect groundwater and surface water quality.
[Ord. 2003-02, 3/3/2003, § 104]
The Township is empowered to regulate land use activities that
affect runoff by the authority by the Act of October 4, 1978 32 P.S.,
P.L. 864 (Act 167) § 680.1 et seq., as amended, the "Storm
Water Management Act," and Act 247, the Pennsylvania Municipal Planning
Code (as amended).
[Ord. 2003-02, 3/3/2003, § 105]
1. This Part shall apply to all land and watercourses within Spring
Township.
2. This Part shall only apply to permanent stormwater management facilities
constructed as part of any of the regulated activities listed in this
section. Stormwater management and erosion and sediment pollution
control during construction activities are specifically not regulated
by this Part, but shall continue to be regulated under existing laws
and ordinances.
3. The following activities are defined as "regulated activities" and
shall be regulated by this Part:
C. Construction of new or additional impervious or semipervious surfaces
(roadways, driveways, parking lots, etc.).
D. Construction of new buildings or additions to existing buildings.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater management facilities or appurtenances
thereto.
[Ord. 2003-02, 3/3/2003, § 108]
Approvals issued pursuant to this Part 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.
[Ord. 2003-02, 3/3/2003, § 109]
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.
[Ord. 2003-02, 3/3/2003, § 110]
Specific methods and publications indicated in this Part shall,
in all cases, refer to the latest available edition and include revisions
or amendments thereto.
[Ord. 2003-02, 3/3/2003, § 111]
1. Activities identified below are exempt from the requirement to submit a stormwater management 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 §§
26-324, Subsection
1C and E, of this Part relative to recharge and water quality volume requirements.
A. All development activities having impervious coverage 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.
B. 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
plan for the lot or encompassing subdivision. Multiple (> 2) lot subdivisions
cannot be exempted.
C. Any site less that one acre in size that decreases the total site
impervious area following development, and:
(1)
Is not located within a recognized sensitive area (as defined in §
26-312, Definitions, of this Part;
(2)
Is not defined as a water quality sensitive (WQS) development (as defined in §
26-312, Definitions, and Appendix B, Maps; or
(3)
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 the pre-existing problems, but the Township
must have supporting documentation of past problems).
D. In addition, the Township Engineer may waive the requirement to prepare
a stormwater management 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.
2. 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 plan. Exemptions
(A) and (B) above cannot be combined for use with small residential
subdivisions.
3. In addition to the general exemptions identified above, exemptions
for specific technical criteria are identified where applicable in
Subpart C.
[Ord. 2003-02, 3/3/2003, § 112]
The degree of stormwater management sought by the provisions
of this Subpart A is considered reasonable for regulatory purposes.
This Subpart 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 Subpart or any administrative decision lawfully made thereunder.