[Ord. 2010-10, 10/4/2010, § 101]
1. The Board of Supervisors of the Township 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. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed poses a threat to surface
and groundwater quality.
D. Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime, and sustain high water
quality, groundwater recharge, stream base flow and aquatic ecosystems.
The most cost effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., buffers,
floodplains, steep slopes), and designing to topography and soils
to maintain the natural hydrologic regime.
[Ord. 2010-10, 10/4/2010, § 102]
1. The purpose of this chapter is to promote the public health, safety, and welfare within the Township, including the areas within the Brodhead-McMichaels Creek and Cherry Creek Watersheds, by maintaining the natural hydrologic regime by minimizing the impacts described in §
23-101 of this chapter through provisions designed to:
A. Promote alternative project designs and layout that minimizes impacts
to surface and ground water.
B. Promote nonstructural best management practices (BMP's) as found
in Part 2, "Definitions," herein.
C. Minimize increases in stormwater volume.
D. Minimize impervious surfaces.
E. Manage and minimize accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems during construction.
F. Utilize and preserve the existing natural drainage systems.
G. Encourage recharge of groundwater where appropriate and prevent degradation
of groundwater quality.
H. Address the quality and quantity of stormwater discharges from the
development site.
I. Maintain existing baseflow and quality of streams and watercourses
in the municipality and the commonwealth.
J. Preserve and restore the flood-carrying capacity of streams.
K. Provide proper maintenance of all permanent stormwater management
facilities that are existing and which may be constructed in the Township
in the future.
L. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
[Ord. 2010-10, 10/4/2010, § 103]
The Township is empowered to regulate land use activities that
affect runoff, surface and groundwater quality and quantity by the
authority of Act 167, 32 P.S. § 680.1 et seq., the Water
Resources Management Act of 2002, 27 Pa.C.S.A. § 3101 et
seq., as amended, and the Second Class Township Code, Act of May 1,
1993, P.L. 103, No. 69, reenacted and amended by the Act of November
9, 1995, P.L. 350, No. 60, as amended, 53 P.S. § 66501 et
seq.
[Ord. 2010-10, 10/4/2010, § 104]
1. This chapter shall apply to all areas of the Township. Areas that
are delineated in Appendix
23-D, Stormwater Management District Watershed Map, are within the Brodhead-McMichaels Creek Watershed. Areas
located outside of the Brodhead-McMichaels Creek Watershed are subject
to the same requirements as if they were located in Stormwater Management
District A of Appendix 23-D, Stormwater Management District Watershed
Map.
2. This chapter contains only the stormwater management performance
standards and design criteria that are necessary or desirable from
a watershed-wide perspective. Local stormwater management design criteria
(e.g., inlet spacing, inlet type, collection system design and details,
outlet structure design, etc.) shall continue to be regulated by the
applicable Township ordinances and applicable state regulations.
3. The Township may, after consultation with DEP, approve alternative
methods for meeting the state water quality requirements other than
those in this chapter, provided that they meet the minimum requirements
of, and do not conflict with, state law including, but not limited
to, the Clean Streams Law, 35 P.S. § 691.1 et seq., and
the Pennsylvania Stormwater BMP Manual as revised.
4. 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.
5. The provisions, regulations, limitations, and restrictions of this
chapter governing grading, erosion and sedimentation control, excavation,
and other earth 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, from and after the
date of enactment of this chapter.
6. 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 semi-impervious surface without full compliance with the terms
of this chapter and other applicable regulations, from and after the
date of enactment of this chapter.
7. It shall be the responsibility of the developer and, if different,
the landowner, to insure that all contractors, agents, or other persons
comply with all requirements of the chapter and with any approved
drainage plan or stormwater management permit.
[Ord. 2010-10, 10/4/2010, § 106]
1. The following activities are defined as "regulated activities" and
shall be regulated by this chapter:
C. Alteration of the natural hydrologic regime.
D. Construction of/or additional impervious, pervious or semi-pervious
surfaces (driveways, parking lots, roads).
E. Construction of new buildings or additions to existing buildings.
F. Redevelopment of a site which will increase runoff or change a discharge point. Any redevelopment that does not increase the runoff must still comply with §
23-303, "Water Quality and Streambank Erosion," and §
23-304, "Ground Water Recharge."
G. Diversion, piping, or encroachments in any natural or man-made channel.
H. Nonstructural and structural stormwater management BMP's or
appurtenances thereto.
I. Stream enhancement or restoration projects.
[Ord. 2010-10, 10/4/2010, § 108]
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in these permits or approvals, the more stringent regulation shall apply. Developers shall comply with all applicable provisions of the Zoning Ordinance [Chapter
27]. If the terms of the Zoning Ordinance [Chapter
27] concerning agriculture, forestry, landscaping, steep slopes or karst hazards areas are more stringent than the terms of this chapter, the developer shall comply with those more stringent requirements.