[Ord. 2011-8, 11/3/2011, § 101]
This chapter shall be known and may be cited as the "Hopewell Township Stormwater Management Ordinance."
[Ord. 2011-8, 11/3/2011, § 102]
1. 
The Board of Supervisors of Hopewell 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, greatly 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 non-point 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).
[Ord. 2011-8, 11/3/2011, § 103]
1. 
The purpose of this chapter is to promote health, safety and welfare within the Township and its watershed(s) by minimizing the harm and maximizing the benefits described in § 23-102 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 and maintain the flood-carrying capacity of natural watercourses.
C. 
Manage stormwater runoff close to the source.
D. 
Provide design and performance standards for stormwater planning and stormwater 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 stream beds.
G. 
Require proper operation and maintenance of all SWM BMPs that are implemented within the Township.
H. 
Provide standards to meet NPDES permit requirements, as applicable.
I. 
Improve water quality by encouraging the following practices wherever regulated activities are proposed.
(1) 
Minimize disturbance to floodplains, wetlands, natural slopes over 15% and existing native vegetation.
(2) 
Preserve and maintain trees and woodland and maintain or extend riparian buffers and protect existing riparian forest buffers.
(3) 
Minimize soil disturbance and soil compaction.
(4) 
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(5) 
Techniques for low impact development practices described in the most current version of the "Pennsylvania Stormwater Best Management Practices Manual" (SWM Manual).1
(6) 
Implement controls to minimize thermal impacts to waters of this commonwealth.
[Ord. 2011-8, 11/3/2011, § 104]
1. 
Primary Authority. The Township is empowered to regulate land use activities that affect stormwater impacts by the authority of the Article XXVII, § 2701 et seq., of the Second Class Township Code, 53 P.S. § 67701 et seq., and the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm Water Management Act.
2. 
Secondary Authority. The Township is also 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, 53 P.S. § 10101 et seq., as amended.
[Ord. 2011-8, 11/3/2011, § 105]
1. 
All regulated activities and all activities that may affect stormwater runoff are subject to regulation by this chapter. The following activities shall be "regulated activities" and shall be subject to the provisions of this chapter unless otherwise exempted by § 23-302.
A. 
Land development.
B. 
Subdivision.
C. 
Construction of impervious or semi-pervious surfaces.
D. 
Construction of structures or additions to existing structures.
E. 
Diversion or piping of any natural or man-made stream channel.
F. 
Installation of stormwater management facilities or appurtenances thereto.
G. 
Forest management and timber harvesting operations that include logging and/or access road construction.
H. 
Earthwork and grading activities that alter pre-existing stormwater runoff patterns and/or flow characteristics.
[Ord. 2011-8, 11/3/2011, § 108]
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.
[Ord. 2011-8, 11/3/2011, § 109]
1. 
Unless otherwise expressly stated, the succeeding shall, for the purposes of this chapter, be interpreted in the following manner, unless the context clearly requires literal usage:
A. 
Words used in the present tense also include the future tense.
B. 
Words used in the singular include the plural and vice versa.
C. 
Words of masculine gender include feminine gender and vice versa.
D. 
The words and abbreviation "includes," "including," "shall include," "such as" and "e.g." are not limited to the specific example(s) given but are intended to extend the word's or words' meaning(s) to all other instances of like kind and character.
E. 
The words "person," "applicant" or "developer" include partnership, corporation or other legal entity, as well as an individual.
F. 
The words "shall," "required" or "must" are mandatory; the words "may" and "should" are permissive.
[Ord. 2011-8, 11/3/2011, § 101]
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.