[Ord. 2012-144, 8/9/2012, § 101]
This chapter shall be known and may be cited as the "Cumberland
Township Stormwater Management Ordinance."
[Ord. 2012-144, 8/9/2012, § 102]
1. The Board of Supervisors of Cumberland Township finds that:
A. 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.
B. Inadequate management of accelerated runoff of stormwater resulting
from development 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
nonpoint source pollution of water resources.
C. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of people of Cumberland Township, their resources, and the environment.
[Ord. 2012-144, 8/9/2012, § 103]
1. The purpose of this chapter is to promote health, safety, and welfare within Cumberland Township and its watersheds by minimizing the harm and maximizing the benefits described in §
20-102 of this chapter, through provisions designed to:
A. Meet water quality requirements under state law, including regulations
at 25 Pa.Code [Chapter] 93, to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of the commonwealth.
B. Preserve the natural drainage systems as much as possible.
C. Manage stormwater runoff close to the source.
D. Provide procedures and performance standards for stormwater planning
and management.
E. Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F. Prevent scour and erosion of stream banks and stream beds.
G. Provide proper operation and maintenance of all stormwater management
best management practices that are implemented within the Township.
H. Provide standards to meet NPDES permit requirements.
[Ord. 2012-144, 8/9/2012, § 104]
Cumberland Township is empowered to regulate land use activities
that affect stormwater impacts by the authority of § 2704
of the Second Class Township Code, 53 P.S. § 67704, the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, and the Act of October 4, 1978, P.L. 864 (Act
167), 32 P.S. § 680.1 et seq., as amended, the "Stormwater
Management Act."
[Ord. 2012-144, 8/9/2012, § 105]
1. All regulated activities, as defined in Part
2, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
2. Any submission that does not require a stormwater management plan
at the time of subdivision or land development will still be required
to address stormwater management at the time the individual lots are
developed or construction commences, unless said subdivision proposes
infrastructure features, such as a cul-de-sac street, for which stormwater
management controls are ordinarily required.
3. Development of the individual lots is subject to stormwater management
as defined within this chapter.
[Ord. 2012-144, 8/9/2012, § 109]
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 ordinance. In the event of a conflict, between this chapter and
any other ordinance, the more restrictive ordinance shall apply.
[Ord. 2012-144, 8/9/2012, § 110]
1. Unless otherwise expressly stated, the succeeding shall, for the
purposes of this chapter, be interpreted in the following manner:
A. Words used in the present tense also imply the future tense.
B. Words used in the singular include the plural, and vice versa.
C. Words of masculine gender include feminine gender, and vice versa.
D. The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the words or words' meaning(s) to
all other instances of like kind and character.
E. The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
[Ord. 2012-144, 8/9/2012, § 111]
Any permit 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 permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of Cumberland Township purporting to validate such a violation.
[Ord. 2012-144, 8/9/2012, § 112]
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures shall include
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which adequately
protects health, property and water quality.
[Ord. 2012-144, 8/9/2012, § 113]
1. Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by a Township official hereunder, shall relieve any person
from any responsibility or damage to persons or property resulting
therefrom, or as otherwise imposed by law nor impose any liability
upon the Township of Cumberland for damages to persons or property.
2. The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee, or warranty
of any kind by the Township of Cumberland, or by an official or employee
thereof, of the practicability or safety of any structure, use or
other plan proposed, and shall create no liability upon or cause of
action against such public body, official or employee for any damage
that may result pursuant thereto.