The Board of Commissioners of the Township of Shaler 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
and loss of natural infiltration, 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.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of the Township as well as to
protect, sustain and enhance the surface water and groundwater resources
of the Township. Drainage and stormwater management practices shall
be utilized as directed herein to achieve the following goals and
objectives:
A. Accommodate site development and redevelopment in a manner that protects
public safety and which is consistent with (or reestablishes) the
natural hydrologic characteristics of each watershed and sustains
groundwater recharge, stream base flows, stable stream channel (geomorphology)
conditions, the carrying capacity of streams and their floodplains,
groundwater and surface water quality, and aquatic living resources
and their habitats.
B. Reduce and minimize the volume of stormwater generated.
C. Protect natural infiltration and groundwater recharge rates in order
to sustain groundwater supplies and stream base flows.
D. Maintain runoff characteristics of the site after completion of development
that are consistent with the carrying capacity and stable channel
conditions of the receiving streams.
E. Protect water quality by removing and/or treating pollutants prior
to discharge to groundwaters and surface waters throughout the Township
and to protect, restore and maintain the chemical, physical and biological
quality of groundwaters and surface waters.
F. Protect in-stream channels and geomorphology conditions of the receiving
streams, protect their flood-carrying capacity and aquatic habitats
and to reduce in-stream erosion and sedimentation.
G. Reduce flooding impacts and prevent a significant increase in surface
runoff rates and volumes, predevelopment to post development, which
could worsen flooding downstream in the watershed, enlarge floodplains,
erode stream banks and create other flood-related, health- welfare-property
losses; in general, to preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
H. Protect adjacent lands from adverse impacts of direct stormwater
discharges.
I. Ensure effective long-term operation and maintenance of all permanent
stormwater management facilities.
J. Maintain natural drainage patterns and encourage the use of natural
drainage systems.
K. Treat and release stormwater as close to the source of runoff as
possible using a minimum of structures and maximizing reliance on
natural processes.
L. Maintain the existing water balance in all watersheds, subwatersheds
and streams in the Township, and protect and/or restore natural hydrologic
characteristics and habitats wherever possible throughout the watershed
systems.
M. Address certain requirements of the Municipal Separate Storm Sewer
System (MS4) National Pollution Discharge Elimination System (NPDES)
Phase II Stormwater Regulations.
N. Reduce the impacts of runoff from existing developed sites undergoing
redevelopment while encouraging development and redevelopment in urban
areas and areas designated for growth.
O. Prevent scour and erosion of stream banks and streambeds.
P. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4a, to protect and maintain
existing uses and maintain the level of water quality to support those
uses in all streams, and to protect and maintain water quality in
special protection streams.
The standards contained herein shall apply to all regulated
activities within the Township. In addition, all local, county and
state erosion and sedimentation control approvals must be in place
to proceed with any regulated activity.
A. Activities regulated by this chapter include, but are not limited
to, the following:
(1) Land development and redevelopment.
(3) Construction of new or additional impervious or semipervious 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 of stormwater management facilities or appurtenances
thereto.
(7) Any earth disturbances or any activities that involve the alteration
or development of land or removal of tree and vegetation in a manner
that may affect post-construction stormwater runoff.
B. Redevelopments shall conform to the requirements contained in §
190-14C(3) when more than a two-thousand-square-foot area of an existing facility is reconstructed following the demolition or partial demolition of the existing facility. The area determination shall be made using the footprint of the area being reconstructed, including all impervious surfaces proposed in the reconstructed area and the area of the parking lot required to support the reconstructed facility. The area of the parking lot required to support the reconstructed facility shall be determined using the Municipal Zoning Ordinance requirements for parking.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PADEP Phase II NPDES regulations, as amended, or any other
ordinance of the Township, the more stringent requirements shall govern.
The following permit requirements apply to certain land development
activities and must be met prior to municipal approval of subdivision
or land development plans or issuance of building or occupancy permits,
where applicable:
A. All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pa. Code Chapter 102.
B. Work within natural drainageways subject to permit by DEP under 25
Pa. Code Chapter 105.
C. Any stormwater management facility that would be located in or adjacent
to surface waters of the commonwealth, including wetlands, subject
to permit by DEP under 25 Pa. Code Chapter 105.
D. Any stormwater management facility that would be located on a state
highway right-of-way, or require access from a state highway, shall
be subject to approval by the Pennsylvania Department of Transportation
(PennDOT).
E. Culverts, bridges, storm sewers or any other facilities which must
pass or convey flows from the tributary area and any facility which
may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter
105.