The governing body 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.
The purpose of this chapter is to promote health, safety, and welfare within the Township by minimizing the damages described in § 257-1A of this chapter through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
B. 
Utilize and preserve the existing natural drainage systems.
C. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
D. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Township.
G. 
Provide performance standards and design criteria for watershed wide stormwater management and planning.
A. 
The Township 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 by Act 170 of December 21, 1988, and Act 131 of December 14, 1992 (and the applicable Municipal Code).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In addition, the Storm Water Management Act of October 4, 1978, P.L. 864, No. 167, 32 P.S. § 680.1 et seq. (as amended by Act 63) provides for the regulation of land and water use for flood-control and stormwater management purposes, imposing duties and conferring powers on the Department of Environmental Protection, municipalities and counties, providing for enforcement and making appropriations.
A. 
This chapter shall only apply to permanent stormwater management facilities constructed as part of any of the regulated activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
B. 
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 details, outlet structure design, etc.) shall continue to be regulated by Chapter 270, Subdivision and Land Development, of the Code of the Township of Cross Creek and Infrastructure Construction and Improvement Ordinance, latest revision.[1]
[1]
Editor's Note: Said document is included as an attachment to Ch. 270, Subdivision and Land Development.
C. 
The following activities are defined as regulated activities and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(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.
Should any section or provision of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter.
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.
A. 
Modification of these provisions by the Township Supervisors. The provisions of this chapter are intended as minimum standards for the protection of the public health, safety, and welfare, The Township Supervisors may modify or extend said provisions in individual cases as may be deemed necessary in the public interest as set forth hereinafter; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter. If the literal compliance with any mandatory provisions of these regulations is shown to a majority of the Township Supervisors present at a prescheduled public meeting to be unreasonable as applied to the property to be subdivided or developed, the Township Supervisors may grant a waiver of the requirements of this chapter insofar as they are found to be unreasonable as applied to the particular property for which a modification is sought, all as more fully set forth in the definition of "waiver" in this chapter.
B. 
Modification of approved plans. No changes, erasures, modifications or revisions shall be made in any documentation after approval has been made by the Supervisors unless the said documentation is first resubmitted and approved by the Township Supervisors. In all cases, as-built plans must be provided prior to final release of security during the improvements phase.
The degree of stormwater protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This chapter does not imply that areas subject to the stormwater management requirements of this chapter will be free from flooding or flood damages.