[Ord. No. 1-2011, 5/10/2011]
This chapter shall be known and may be cited as the "Forward
Township Stormwater Management Ordinance."
[Ord. No. 1-2011, 5/10/2011]
1.
The governing body of Forward 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, 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 the people of Forward Township and all the people of the commonwealth,
their resources, and the environment.
C.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals, and pathogens.
Groundwater resources are also impacted through loss of recharge.
D.
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.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F.
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).
G.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth.
[Ord. No. 1-2011, 5/10/2011]
1.
The purpose of this chapter is to promote health, safety, and welfare within Forward Township, Butler County, by minimizing the harms and maximizing the benefits described in § 23-102 of this chapter through provisions intended 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 the
commonwealth.
B.
Manage accelerated runoff and erosion and sedimentation problems
close to their source by regulating activities that cause these problems.
C.
Preserve the natural drainage systems as much as possible.
D.
Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
E.
Maintain existing flows and quality of streams and watercourses.
F.
Preserve and restore the flood-carrying capacity of streams and prevent
scour and erosion of stream banks and streambeds.
G.
Manage stormwater impacts close to the runoff source, with a minimum
of structures and a maximum use of natural processes.
H.
Provide procedures, performance standards, and design criteria for
stormwater planning and management.
I.
Provide proper operations and maintenance of all temporary and permanent
stormwater management facilities and best management practices (BMPs)
that are constructed and implemented.
J.
Provide standards to meet the NPDES permit requirements.
[FOR MS4 PERMITTEES]
K.
Implement an illegal discharge detection and elimination program
in MS4 permanent urbanized areas to address nonstormwater discharges
into Forward Township's separate storm sewer system.
[Ord. No. 1-2011, 5/10/2011]
1.
Primary Authority. Forward 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," and the [applicable Municipal Code].
[Ord. No. 1-2011, 5/10/2011]
1.
In Forward Township, all regulated activities and all activities
that may affect stormwater runoff, including land development and
earth disturbance activity, are subject to regulation by this chapter.
2.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This chapter shall operate in coordination with those
parallel requirements; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
3.
"Regulated activities" are any earth disturbance activities or any
activities that involve the alteration or development of land in a
manner that may affect stormwater runoff. Regulated activities include,
but are not limited to, the following listed items:
A.
Earth disturbance activities.
B.
Land development.
C.
Subdivision.
D.
Construction of new or additional impervious or semipervious surfaces.
E.
Construction of new buildings or additions to existing buildings.
F.
Diversion or piping of any natural or man-made stream channel.
G.
Installation of stormwater management facilities or appurtenances
thereto.
H.
Installation of stormwater BMPs.
[Ord. No. 1-2011, 5/10/2011]
Any ordinance, ordinance provision(s), or regulation of Forward
Township inconsistent with any of the provision(s) of this chapter
is hereby repealed, to the extent of the inconsistency only.
[Ord. No. 1-2011, 5/10/2011]
In the event that a court of competent jurisdiction declares
any section(s) or provision(s) of this chapter invalid, such decision
shall not affect the validity of any of the remaining section(s) or
provision(s) of this chapter.
[Ord. No. 1-2011, 5/10/2011]
Approvals issued and actions taken pursuant to this chapter
do not relieve the applicant of the responsibility to comply with
or to secure required permits or approvals for activities regulated
by any other applicable codes, laws, rules, statutes, or ordinances.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
[Ord. No. 1-2011, 5/10/2011]
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.
[Ord. No. 1-2011, 5/10/2011]
1.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by a municipal official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom or as otherwise imposed by law, nor impose any liability
upon the municipality for damages to persons or property.
2.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the municipality, or by an official or employee thereof,
of the practicability or safety of any structure, use or other plan
proposed and shall create no liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
