Township of Springfield, PA Article I General Provisions

§ 358-1 Short title.

This chapter shall be known as and may be cited as the "Springfield Township Stormwater Management Ordinance."

§ 358-2 Statement of findings.

The governing body of the Springfield 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 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, and Springfield Township, 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 is necessary for the proper understanding and implementation of stormwater management in the community in which it functions.

§ 358-3 Purpose.

The purpose of this chapter is to promote health, safety, and welfare within Springfield Township and its watershed by minimizing the harms and maximizing the benefits described in § 358-2, Statement of findings, 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 this commonwealth.

B. Manage the volume, rate and quality of stormwater runoff.

C. Preserve the natural drainage systems as much as possible.

D. Manage stormwater runoff as close to the source as possible.

E. Provide procedures and performance standards for stormwater planning and management.

F. Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.

G. Prevent scour and erosion of stream banks and streambeds from accelerated runoff.

H. Provide proper operation and maintenance of all permanent SWM BMPs that are implemented and constructed within Springfield Township.

I. Provide standards to meet NPDES permit requirements.

J. Integrate stormwater management into the land development site planning process.

§ 358-4 Statutory authority.

A. Primary authority. Springfield Township is empowered to regulate these activities by the authority of 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"[1] and the Second Class Township Code.[2]

[1] Editor's Note: See 32 P.S. § 680.1 et seq.

[2] Editor's Note: See 53 P.S. § 65101 et seq.

B. Secondary authority. Springfield Township also 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.[3]

[3] Editor's Note: See 53 P.S. § 10101 et seq.

§ 358-5 Applicability.

A. All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbing activities, are subject to regulation by this chapter.

B. For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 358-13 and the peak rate controls of § 358-14 do not need to be retrofitted to existing impervious areas that are not being altered by proposed regulated activities.

§ 358-6 Severability.

In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.

§ 358-7 Compatibility with other requirements.

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.

§ 358-8 Obligation to safeguard.

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.