This chapter shall be known as the West Hempfield Township Stormwater Management Ordinance.
The Board of Supervisors of the Township of West Hempfield finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
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).
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater issues.
F. 
Nonstormwater discharges to municipal separate storm sewer systems (MS4) can contribute to pollution of waters of this commonwealth.
G. 
Inadequate maintenance of stormwater best management practices (BMPs) causes loss of water quality, flooding, and other problems.
H. 
A program of reasonable regulation of connections and discharges to municipal stormwater management facilities will be beneficial.
The purpose of this chapter is to promote health, safety, and welfare within West Hempfield Township by minimizing the damages described in § 122-2 through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations in 25 Pa. Code Chapter 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
C. 
Utilize and preserve the existing natural drainage systems.
D. 
Maintain recharge of groundwater to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
E. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
F. 
Preserve and restore the flood-carrying capacity of streams.
G. 
Provide proper operations and maintenance of all temporary and permanent stormwater management facilities and Best Management Practices (BMPs) that are constructed and implemented.
H. 
Ensure consistency and compliance with the recommendations for quantity and quality controls that are found in "Blueprints: An Integrated Water Resources Plan for Lancaster County," including the "Countywide Act 167 Plan" as approved by PADEP.
I. 
Prevent scour and erosion of stream banks and streambeds and prevent scour, aggradation, degradation, and erosion of stream banks and streambeds.
J. 
Provide procedures, performance standards, and design criteria for stormwater planning and management.
K. 
Implement an illegal discharge detection and elimination program within MS4 permitted urbanized areas to address nonstormwater discharges into a municipal separate storm sewer system.
L. 
Promote stormwater runoff prevention through the use of nonstructural BMPs.
M. 
Provide a regulatory environment that supports the proportion, density and intensity of development called for in the comprehensive plan; allow for creative methods of improving water quality and managing stormwater runoff; and promote a regional approach to water resource management.
N. 
Help preserve and protect exceptional natural resources, and conserve and restore natural resource systems.
O. 
Promote stormwater management practices that emphasize infiltration, evaporation, and transpiration.
P. 
Provide standards to meet NPDES permit requirements.
The Board of Supervisors of the Township of West Hempfield enacts this chapter pursuant to the Pennsylvania Storm Water Management Act, Act No. 167 of October 4, 1978, P.L. 864 Act 167, Section 680.1, et seq., as amended, the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, as reenacted and amended by the November 9, 1995, P.L. 350, No. 60 as amended, and the Pennsylvania Flood Plain Management Act, Act No. 166 of October 4, 1978, P.L. 851, and 35 P.S. § 691.1 et seq., the Pennsylvania Clean Streams Law.
With the exception of activities exempted under § 122-33, the provisions, regulations, limitations, and restrictions of this chapter shall apply to regulated activities as defined in this chapter, including:
A. 
Installation and proper operation and maintenance of stormwater management facilities and appurtenances thereto.
B. 
All activities that may contribute nonstormwater discharges to the Township's regulated small MS4.
C. 
Discharges from regulated earth disturbance activities.
D. 
The following additional activities:
(1) 
All subdivisions or land developments.
(2) 
Major or minor land disturbances.
(3) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation or modification of stormwater management facilities or BMPs or appurtenances thereto.
(7) 
Any other activities where the Township determines that said activities may affect any existing stormwater management facilities or stormwater drainage patterns.
For any of the activities regulated by this chapter, the final approval of subdivision and/or land development plans, the issuance of any zoning permit authorizing earth disturbance or additional impervious area, or the commencement of any land disturbance activity may not proceed until the landowner or developer or his/her agent has received written approval of a stormwater management site plan from the Township or its designee and has received approval from the Conservation District of a written erosion and sediment pollution control plan as specified in PADEP Chapter 102 (where applicable).
A. 
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Board of Supervisors, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board of Supervisors that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior stormwater regulation or ordinance. In the event any violation has occurred under any prior stormwater regulation or ordinance of the Township, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior stormwater regulation or ordinance, and the provisions and penalties provided in said prior stormwater regulation or ordinance shall remain effective as to said violation.
B. 
Any stormwater management site plan pending at the time of the effective date of this chapter shall be allowed to proceed with revisions, finalization and implementation in accordance with any ordinance in effect prior hereto.
Should any section, provision or part thereof of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulation, or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of land, or prescribed larger open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights or liability incurred, or any permit issued, or any approval granted, or any cause or causes of action existing prior to the enactment of this chapter.
Except as specifically provided by the Storm Water Management Act[1] the making of any administrative decision by the Township or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Township, by enacting and amending this chapter, does not waive or limit any immunity granted to the Township and its officials and employees by the Governmental Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
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.
Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality.