The governing body of the municipality 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, degrades water
quality, 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 municipality and all the people of the commonwealth,
their resources, and the environment.
C. Stormwater is an important resource. Through project design, impacts
from stormwater runoff can be minimized to maintain the natural hydrologic
regime, and sustain high water quality, groundwater recharge, stream
baseflow, 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., stream buffers, floodplains, steep slopes),
and designing to topography and soils to maintain the natural hydrologic
regime.
D. Federal and state regulations require certain municipalities to obtain
a permit for discharges from their municipal separate storm sewer
system (MS4) and to implement a program of stormwater controls. Nockamixon
Township is not currently designated as being regulated under the
MS4 Program; however, this chapter is generally consistent with current
MS4 and Act 167 regulations.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Nockamixon Township by minimizing the damages described in §
190-101A of this chapter through provisions designed to:
A. Promote alternative project designs and layouts that minimize impacts
to surface water and groundwater.
B. Promote nonstructural best management practices.
C. Minimize increases in stormwater volume.
D. Minimize impervious surfaces.
E. Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
F. Utilize and preserve the existing natural drainage systems.
G. Maintain the predevelopment volume of groundwater recharge and prevent
degradation of groundwater quality.
H. Maintain the predevelopment peak and volume of stormwater runoff
and prevent degradation of surface water quality.
I. Minimize nonpoint source pollutant loadings to the groundwater and
surface water.
J. Minimize impacts on stream temperatures.
K. Maintain existing flows and quality of streams and watercourses in
the municipality and the commonwealth, including prevention of accelerated
erosion, scour, aggradation and degradation.
L. Preserve and restore the flood-carrying capacity of streams.
M. Provide proper maintenance of all permanent stormwater management
facilities that are constructed in the municipality.
N. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
O. Meet NPDES MS4 (when required) permit requirements.
P. Meet state water quality requirements.
The municipality is empowered to regulate land use activities
that affect runoff 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 "Stormwater Management Act"; and by the Authority of Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170
of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992,
53 P.S. § 10101.
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.
It shall be unlawful for any person to undertake any regulated
activity on any property except as provided for in the approved stormwater
management plan and pursuant to the requirements of this chapter.
It shall be unlawful to alter or remove any BMP required by the stormwater
management plan pursuant to this chapter or to allow the property
to remain in a condition which does not conform to the approved stormwater
management plan.
The Board of Supervisors may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of the chapter is observed.