This chapter shall be known and may be cited as the "North Newton
Township Stormwater Management Ordinance."
The Board of Supervisors of North Newton Township finds that:
A.
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, 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.
B.
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 the commonwealth, their resources and the environment.
C.
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.
D.
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).
This chapter was created pursuant to and under the authority
of the Second Class Township Code, §§ 1506 and 1517.[1] The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 249-2 of this chapter, through provisions designed to:
A.
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 waters of this
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 streambeds.
G.
Provide proper operation and maintenance of all permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the Township.
H.
Require proof of NPDES permit acquisition when applicable.
I.
Meet general water quality and soil disturbance goals by implementing
measures to:
(1)
Minimize disturbance to floodplains, wetlands, natural slopes over
15%, and existing native vegetation.
(2)
Maintain or extend riparian buffers and protect existing forested
buffers. Provide trees and woodlands adjacent to impervious areas
whenever feasible.
(3)
Establish and maintain nonerosive flow conditions in natural flow
pathways.
(4)
Minimize soil disturbance and soil compaction. Replace topsoil to
a depth equal to or greater than the depth prior to the start of construction.
Use tracked equipment for grading when feasible.
(5)
Disconnect impervious surfaces by directing runoff to pervious areas
wherever possible.
(7)
Minimize thermal impacts to waters of the commonwealth.
[1]
Editor's Note: See 53 P.S. §§ 66506 and 66507.
A.
Primary authority.
(2)
Hereafter, all earthmoving activities and land development within
North Newton Township, including, without limitation, the location,
design and construction within the watershed of stormwater management
systems, flood control projects, subdivisions and major land developments,
highways and transportation facilities, facilities for the provision
of public utility services and facilities owned or financed in whole
or in part by funds from the commonwealth, shall be in full compliance
with the requirements of the Cumberland County Stormwater Management
Plan and shall be conducted in a manner consistent therewith. Any
inconsistency with the Cumberland County Stormwater Management Plan
shall be considered a violation of this chapter.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter as is reasonably necessary to prevent, among other things, injury to health, safety or other property. The following activities are defined as "regulated activities" and shall be subject to the provisions of this chapter (unless otherwise exempted by § 249-11):
A.
Land development and/or redevelopment.
B.
Subdivision.
C.
Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
D.
Construction of structures or additions to existing structures, as
determined by the Township.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation of stormwater management facilities or appurtenances
thereto.
G.
Forest management/timber operations that include logging road construction
and timber harvesting.
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.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The elected
officials may waive any mandatory provision of these regulations to
the benefit of the applicant, provided the waiver:
(2)
Will remove or reduce an unreasonable standard or undue hardship
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard, or when an alternative standard
provides equal or better results;
B.
It shall be the burden of the applicant to demonstrate compliance
with the above conditions.
