This chapter shall be known and may be cited as the "Fairview
Stormwater Management Ordinance."
The Board of Supervisors of Fairview Township finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flood flows and
velocities; contributes to erosion and sedimentation; overtaxes the
carrying capacity of streams and storm sewers; greatly increases the
cost of public facilities to carry and control stormwater; undermines
floodplain management and flood-control efforts in 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 and welfare and the protection
of the people of Fairview Township and all the people of the commonwealth,
their resources and the environment.
C. A program of stormwater management, including reasonable regulation
of land development and redevelopment causing loss of natural infiltration,
is fundamental to the public health, safety, welfare, and the protection
of the people of Fairview Township and all the people of the commonwealth,
their resources, and the environment.
D. Stormwater can be an important resource by providing 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.
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).
These regulations have the following general purposes and objectives:
A. To promote the health, safety and welfare within the community.
B. To assure proper management of stormwater runoff resulting from land
alteration and disturbance activities in accordance with watershed
stormwater management plans adopted pursuant to the Pennsylvania Storm
Water Management Act (Act 167 of 1978, as amended).
C. To utilize and preserve the existing natural drainage systems and
to maintain existing flows and quality of streams and watercourses.
D. To encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
E. To provide for adequate maintenance of all permanent stormwater management
structures in Fairview Township.
Fairview Township 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), the "Storm Water Management Act," as amended, and the Stormwater Management Plans and Facilities Amendments
to the Second Class Township Code, as set forth in 53 P.S. § 67701
et seq., the Second Class Township Code, the Act of May 1, 1933, P.L.
103, as amended, and the Pennsylvania Municipalities Planning Code,
the Act of July 31, 1968, P.L. 805, as reenacted and amended (MPC).
The following activities involving alteration or development
of land are deemed to have possible effects upon stormwater runoff
characteristics and are included within the scope of this chapter:
C. Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
D. Diversion or piping of any natural or man-made stream channel.
E. Installation, replacement or substantial repair of storm water systems
or appurtenances.
F. Earthmoving involving one acre or more.
G. Construction of new buildings or additions to existing buildings.
This chapter shall repeal all other ordinances, or parts thereof,
which are contrary to or conflict with the provisions of this chapter
to the extent necessary to give this chapter full force and effect.
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 this chapter as a whole or any other part
hereof; the parts or sections remaining shall remain in effect as
if the part or the section declared unconstitutional had never been
a part of this chapter.
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.