[Ord. 183-2013, 12/2/2013, § 2]
This chapter shall be known as, and may be cited as, the "Charlestown Township Stormwater Management Ordinance."
[Ord. 183-2013, 12/2/2013, § 2]
1.
The Board of Supervisors (the "Board") of Charlestown Township (the "Township" or "Municipality") hereby enters the following findings of fact: manage stormwater runoff impacts at their source by regulating activities that cause the problems.
A.
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.
B.
Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and stream banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.
C.
A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, 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.
D.
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
E.
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F.
Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
G.
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Township.
[Ord. 183-2013, 12/2/2013, § 2]
1.
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
2.
Provide review procedures and performance standards for stormwater planning and management.
3.
Utilize and preserve the existing natural drainage systems as much as possible.
4.
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
5.
To maintain or improve year-round flows and water quality in the streams, watercourses, and watersheds of the Township.
6.
Promote infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality within high quality and exceptional value watersheds, and to otherwise protect water resources.
7.
Meet legal water quality requirements under state law, including regulations of various chapters of 25 Pa. Code 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 quality in "special protection" streams.
8.
Prevent scour and erosion of stream banks and streambeds.
9.
To require site planning and design that identifies sensitive areas, soils, and natural drainage features, to seek development plans that avoid or enhance sensitive areas, and to develop plans for preserving or enhancing a site's natural hydrologic and pollutant filtering functions.
10.
To ensure short-term and long-term maintenance and inspection and limit the use of stormwater structures that present maintenance problems.
11.
To ensure that the short-term and long-term financial obligations of the Township for stormwater management programs, facilities, and corrective actions are minimized.
12.
Provide for proper operations and maintenance of all permanent stormwater management best management practices ("BMPs"), as defined below, that are implemented in Charlestown Township.
13.
Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.
14.
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Township's separate storm sewer system.
15.
Within the framework of the above objectives, to make the scope and procedures of this chapter clear to those affected by it, to make compliance with its requirements reasonable, and to gain the awareness and support of the residents and property owners within the Township for attaining these objectives.
16.
Establish standards for habitat enhancements and aesthetics in the design of stormwater management facilities.
[Ord. 183-2013, 12/2/2013, § 2]
1.
All activities governed by the Charlestown Township Subdivision and Land Development Ordinance (SALDO) [Chapter 22].
2.
Construction of separate or additional impervious or semi-pervious surfaces (driveways, parking lots, additions to buildings, etc.).
3.
Agricultural operations.
4.
Any earthmoving activities (as defined below).
5.
Any land disturbance (as defined below).
[Ord. 183-2013, 12/2/2013, § 2]
1.
In Charlestown Township, no land or water resources of the Township shall be used or modified, no earth shall be disturbed, stripped or moved, and no structure or other impervious surface shall be built or extended without full compliance with the terms of this chapter and other applicable regulations.
2.
The purpose of this chapter is to protect public health, safety and general welfare, property and water quality by implementing drainage and stormwater management practices, criteria, and provisions included herein for land development, construction and earth disturbance activities.
3.
Fulfill the purpose and requirements of PA Act 167 (PA Act 167, § 3):
A.
Encourage planning and management of stormwater runoff in each watershed which is consistent with sound water and land use practices.
B.
Authorize a comprehensive program of stormwater management designated to preserve and restore the flood carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural storm water runoff regimes and natural course, current and cross-section of water of the commonwealth; and to protect and conserve ground waters and ground-water recharge areas.
C.
Encourage local administration and management of stormwater consistent with the commonwealth's duty as trustee of natural resources and the people's constitutional right to the preservation of natural, economic, scenic, aesthetic, recreational and historic values of the environment.
4.
All regulated activities as defined in this Part including, but not limited to, new development, redevelopment, and earth disturbance activities that are located within the Municipality shall be subject to regulation by this chapter.
[Ord. 183-2013, 12/2/2013, § 2]
Permits and approvals issued pursuant to this chapter do not relieve the applicant of responsibility for securing required permits for work to be done which is regulated by any other applicable code, rule, act or ordinance. 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. In particular, this chapter is designed to work in concert with the SALDO [Chapter 22], the Zoning Ordinance [Chapter 27], the Building Code [Chapter 5], and other Township laws, ordinances and regulations. Any applicant for approval under any of these ordinances or regulations shall be subject to the requirements of this chapter.
[Ord. 183-2013, 12/2/2013, § 2]
1.
For the purpose of this chapter, certain terms and words used herein shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
C.
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
[Ord. 183-2013, 12/2/2013, § 2]
1.
The Municipality is empowered or required to regulate land use activities that affect runoff and surface and groundwater quality and quantity by the authority of:
A.
Act of October 4, 1978, P.L. 864 (Act 167) 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act" (hereinafter referred to as "the Act").
B.
Second Class Township Code, 53 P.S. § 65101 et seq. (104.A)
C.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, Act 247 (hereinafter referred to as the "MPC").