[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.