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).[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
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,[1] 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).[2]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
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:
A. 
Subdivision.
B. 
Land development.
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.
A. 
Neither the granting nor the denial of any approval nor the compliance with the provisions of this chapter or with any condition imposed by the PADEP, the Erie County Conservation Office, or the Township, its officials, employees or designated representatives 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 municipal officials, employees or designated representatives to the maximum extent permitted by law.
B. 
Neither the granting nor the denial of any permit or approval which includes any stormwater management requirements shall constitute a representation, guarantee or warranty of any kind by the Commonwealth of Pennsylvania, Erie County Conservation Office, Fairview Township, or the municipal officials, employees or designated representatives thereof of the practicability or safety of any stormwater structure or facility, use or other plan proposed and shall create no liability or cause of action upon any municipal official, employee, or designated representative thereof for any damage that may result pursuant thereto to the maximum extent permitted by law.
A. 
Permits and approvals issued pursuant to this chapter do not relieve the applicant of the rule, act or ordinance. If more-stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in another code, rule, act or ordinance, the more-stringent regulation shall apply.
B. 
Nothing in this chapter shall be construed to affect any of Fairview Township's requirements regarding stormwater matters which do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
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.