The governing body of the municipality finds that:
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.
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth.
Inadequate maintenance of stormwater facilities 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 pollution of water resources.
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.
Federal and state regulations require certain municipalities to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee's regulated small municipal separate storm sewer systems (MS4s).
The purpose of this part is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 107-1 of this part, through provisions designed to:
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
Provide review procedures and performance standards for stormwater planning and management.
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
Maintain existing flows and quality of streams and watercourses.
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the municipality's separate storm sewer system.
The municipality 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, and Article I, Section 27, of the Pennsylvania Constitution.
Editor's Note: See 53 P.S. § 10101 et seq.
All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute nonstormwater discharges to a regulated small MS4 are subject to regulation by this part.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this part is hereby repealed to the extent of the inconsistency only.
In the event that any section or provision of this ordinance is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this part.
Actions taken under this part do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation, or ordinance.