[Ord. 2014-04, 4/28/2014, § 23-101]
This chapter shall be known and may be cited as the "Penn Township Stormwater Management Ordinance."
[Ord. 2014-04, 4/28/2014, § 23-102]
1. 
The purpose of this chapter is to promote the public health, safety, and welfare by establishing a comprehensive stormwater management program designed to:
A. 
Control accelerated runoff and erosion and sediment pollution problems at their source by regulating activities which cause such problems.
B. 
Utilize and preserve the existing natural drainage systems within the Township and prevent scour and erosion of stream banks and stream beds.
C. 
Encourage recharge of groundwaters and management of runoff close to the source with emphasizes on infiltration, evaporation, and transpiration.
D. 
Maintain the existing flows and quality of watercourses in the Township and the Commonwealth.
E. 
Preserve and restore the flood carrying capacity of watercourses.
F. 
Provide for proper maintenance of all permanent stormwater management facilities and stormwater best management practices (SWM BMPs) which are constructed in the Township.
G. 
Provide procedures, performance standards and design criteria for stormwater management and planning.
H. 
Provide standards to meet NPDES permit requirements.
I. 
Meet legal 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 water of the Commonwealth.
[Ord. 2014-04, 4/28/2014, § 23-103]
1. 
Primary Authority. The Board of Supervisors of Penn Township is empowered to regulate these activities by authority of the Act of October 4, 1978, P.L. 864, No. 167, 32 P.S. § 680.1 et seq., known as the "Storm Water Management Act" and pursuant to the express and implied powers granted to the Board of Supervisors under the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, reenacted and amended November 9, 1995, P.L. 350, No. 60, as amended, 53 P.S. § 45101 et seq.
2. 
Secondary Authority. The Board of Supervisors of Penn Township is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.
[Ord. 2014-04, 4/28/2014, § 23-104]
The provisions, regulations, limitations and restrictions of this chapter shall apply to the regulated activities as defined herein.
[Ord. 2014-04, 4/28/2014, § 23-105]
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
[Ord. 2014-04, 4/28/2014, § 23-106]
Except as specifically provided by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. § 680.1 et seq., the making of any administrative decision by the Township or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Board of Supervisors, by enacting this chapter, does not waive or limit any immunity granted to the Township and its officials and employees by the Governmental Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.
[Ord. 2014-04, 4/28/2014, § 23-107]
1. 
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Board of Supervisors, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board of Supervisors that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior stormwater regulation or ordinance. In the event any violation has occurred under any prior stormwater regulation or ordinance of Township, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior stormwater regulation or ordinance, and the provisions and penalties provided in said prior stormwater regulation or ordinance shall remain effective as to said violation.
2. 
Any plan (hereinafter defined) pending at the time of the effective date of this chapter shall be allowed to proceed with revisions, finalization and implementation in accordance with any ordinance in effect prior hereto.
[Ord. 2014-04, 4/28/2014, § 23-108]
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 the Township purporting to validate such a violation.
[Ord. 2014-04, 4/28/2014, § 23-109; amended by Ord. No. 2022-06, 9/12/2022]
1. 
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 also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality.
A. 
Each structural BMP installed pursuant to this chapter shall be maintained and operated by persons engaged in the development or redevelopment of land so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed until transfer of ownership and responsibilities has been successfully completed.
[Added by Ord. No. 2022-06, 9/12/2022]
1. 
Any person or entity owning or occupying a premises through which the MS4 passes, or conducts activities subject to this chapter in which the MS4 passes or receives drainage from the site in which the activities are subject to this chapter, shall:
A. 
Keep and maintain that part of the premises reasonably free of trash, debris, sediment, and other obstacles which may pollute, contaminate, or retard the flow of water to or through the MS4.
B. 
Maintain existing structures within or adjacent to the MS4 so that those structures will not become a hazard to the use, function, or physical integrity of the MS4.
C. 
Protect inlets or other entry points to the MS4, including inlets off-site or downstream, to the maximum extent practicable, in which activities, equipment, or materials could result in the discharge of a pollutant or a nonstormwater discharge.
D. 
Protect receiving waters, and reduce/prevent discharge of pollutants from the MS4 to receiving waterways in accordance with the requirements of the Township's MS4 permit.
[Added by Ord. No. 2022-06, 9/12/2022]
1. 
Any person or entity engaged in activities which may result in discharges to the MS4 shall, to the maximum extent practicable, undertake all measures to reduce the risk of nonstormwater discharges and polluted discharges. The following requirements shall apply:
A. 
Every person or entity undertaking an activity or use of a premises that may cause/contribute to stormwater pollution or contamination, illicit discharges, or nonstormwater discharges to the MS4 shall implement structural and/or nonstructural BMPs to reduce or prevent a polluted discharge. BMPs shall be maintained routinely throughout the life of the activity.