The Board of Supervisors of Carroll Township pursuant to the
Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L.
864, No. 167, as amended,[1] the Pennsylvania Municipalities Planning Code, Act of
July 31, 1968, P.L. 805, No. 247, reenacted and amended by Act 170
of 1988, as amended,[2] and the Second Class Township Code, Act of May 1, 1933,
P.L. 103, No. 69, reenacted and amended July 10, 1947, P.L. 1481,
No. 567, and as subsequently amended,[3] hereby enacts and ordains this chapter as the Carroll
Township Stormwater Ordinance.
This chapter shall be known and may be cited as "The Carroll
Township Stormwater Management Ordinance 2011."
The governing body of the Carroll Township finds that:
A.
Stormwater runoff from lands modified by human activities threatens
public health and safety by causing increased runoff flows and velocities,
which overtaxes the carrying capacity of existing streams and storm
sewers, greatly increases the cost of public facilities to convey
and 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 stream-beds 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.
These impacts happen mainly through a decrease in natural infiltration
of stormwater.
D.
A comprehensive program of stormwater management, including reasonable
regulation of development and other activities causing loss of natural
infiltration, is fundamental to the public health, safety, welfare,
and the protection of the people of Carroll Township and all the people
of the commonwealth, their resources, and the environment.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
F.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by Carroll
Township.
The Board of Supervisors enacts this chapter to further the
health, safety and welfare of existing and future Township residents
and to protect and preserve the Township's environment. The Board
of Supervisors also intends by enacting this chapter:
A.
To minimize both quantitative and qualitative stormwater impacts
resulting from new land development which would adversely affect the
health, safety, and welfare of all aspects of life in the Township.
B.
To maintain the predevelopment water balance in watersheds and subwatersheds
containing first-order and other especially sensitive streams in the
Township, and to work to restore natural hydrologic regimes wherever
possible throughout the stream system.
C.
To maintain the predevelopment volume of groundwater recharge to
recharge the groundwater table, stream base flow, existing wells,
existing wetlands and other important groundwater functions.
D.
To prevent significant increase in surface runoff volumes of frequent
storm events, predevelopment to post-development, which worsen flooding
downstream, enlarge floodplains, erode stream banks, and create other
flood-related health, welfare, or property losses; and to work to
reduce runoff volumes to natural levels.
E.
To diffuse runoff as much as possible and discourage flow-concentrating
discharge structures.
F.
To maintain predevelopment peak rates of discharge, site-by-site,
so as not to worsen flooding at adjacent downstream sites, and to
work to restore peak runoff rates to natural levels.
G.
To minimize nonpoint source pollutant loadings to ground and surface
waters generally throughout the Township.
H.
To control runoff rates and volumes and erosion and sedimentation
problems at their source by regulating activities that cause such
problems.
I.
To minimize impacts on stream temperatures.
J.
To manage stormwater through approaches and practices which require
a minimum of structures and which rely on natural processes to the
maximum.
K.
To utilize and preserve the desirable existing natural drainage systems
within the Township.
L.
To maintain the existing flows and quality of watercourses in the
Township and the commonwealth.
M.
To preserve and restore the flood-carrying capacity of watercourses.
N.
To permit and encourage the retention of open land uses so located
and utilized and to guide incompatible development into more appropriate
zoning districts. In the interest of public health, safety, and welfare,
the regulations of this chapter are designed and intended to protect
floodplain areas subject to and necessary for floodwaters.
O.
To regulate uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities and frequencies.
P.
To provide for proper maintenance of all permanent stormwater management
BMPs constructed in the Township.
Q.
To encourage provision of riparian buffer networks within the Township.
R.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Ch. 93, to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
S.
Provide standards to meet NPDES requirements.
This chapter provides regulations for the design, installation,
and maintenance of stormwater management facilities; for the design
and installation of erosion and sedimentation control measures; and
for the conduct of activities involving land disturbances.
A.
Regulated activity.
(1)
The provisions, regulations, limitations, and restrictions of this
chapter governing design and installation of stormwater management
facilities and submission of stormwater management plans shall apply
to all of the following regulated activities:
(b)
Removal of ground cover, grading, filling or excavation equal
to or in excess of 5,000 square feet;
(c)
Outdoor storage, including storage of material (rock, soil,
etc.) where ground contact is equal to or exceeds 5,000 square feet
or where material is placed either on slopes exceeding 8%, in floodplains
or in drainageways;
(d)
Construction of an impervious or semi-impervious surface, whether
initially or cumulatively, that is equal to or exceeds 5% of lot area
or 5,000 square feet, whichever is greater;
(e)
Installation or modification of stormwater management facilities
and appurtenances thereto;
(f)
Diversion or piping of any natural or man-made stream channel;
(g)
Any disturbance to land that, in the opinion of the Township,
is critical in terms of protection of steep slopes, wetlands, and
other environmentally sensitive features and in terms of protection
of adjoining properties; or
(h)
Any other activities where the Township determines that said
activities may affect any existing watercourse, stormwater management
facility, or stormwater drainage patterns.
(2)
In determining whether such activity constitutes a regulated activity,
the limitations shall apply to the entire lot existing on the effective
date of this chapter whether or not such activity is conducted in
phases or sections.
B.
Regulated minor activities.
(1)
The provisions, regulations, limitations, and restrictions of this
chapter governing design and installation of stormwater management
facilities and submission of an application for a stormwater management
permit shall apply to all of the following regulated minor activities:
(a)
Regulated activities that create earth disturbance activities
equal to or less than 2,000 square feet are exempt from the peak rate
control;
(b)
Regulated activities that create earth disturbance activities
greater than 2,000 square feet and equal to or less than 5,000 square
feet are exempt only from the peak control requirement of this chapter;
(c)
Construction of an impervious or semi-impervious surface, whether
initially or cumulatively, that is less than: (i) 5% of lot area;
or (ii) greater than 200 square feet but less than 5,000 square feet,
whichever is smaller; or
(2)
In determining whether such activity constitutes a regulated minor
activity, the limitations shall apply to the entire lot existing on
the effective date of this chapter, whether or not such activity is
conducted in phases or sections.
C.
The provisions, regulations, limitations, and restrictions of this
chapter governing maintenance of stormwater management facilities
shall apply to all stormwater management facilities existing on the
date of this chapter or installed after the date of this chapter and
shall apply to all persons responsible for maintenance of such stormwater
management facilities and all persons who own or occupy the land upon
such stormwater management facilities are located.
D.
The provisions, regulations, limitations, and restrictions of this
chapter governing grading, erosion and sedimentation control, excavation,
and other land disturbance activities shall apply to all persons performing
any such activities within the Township and to all landowners of lots
upon which such activities are performed.
E.
No person shall use or modify any land or watercourse, and no person
shall disturb, move, strip or modify the earth, and no person shall
build, install or extend any structure or other impervious surface
or semipervious surface without full compliance with the terms of
this chapter and other applicable regulations.
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 municipality purporting to validate such a violation.
