The chapter shall be known and may be cited as the "Monocacy Creek Watershed Act 167 Stormwater Management Ordinance."
The governing body of the municipality 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, changes the natural hydrologic patterns, destroys aquatic habitat, elevates aquatic pollutant concentrations and loadings, 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 and loss of natural infiltration, is fundamental to public health, safety, and welfare and the protection of the people of the municipality and all of the people of the commonwealth, their resources and the environment.
C. 
Stormwater can be an important resource by providing groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality.
D. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
E. 
Federal and state regulations require certain municipalities to implement a program for 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).
F. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of the waters of the commonwealth.
The purpose of this chapter is to promote the public health, safety and welfare within the Monocacy Creek Watershed by minimizing the damages and maximizing the benefits described in § 204-2 of this chapter by provisions designed to:
A. 
Manage stormwater runoff impacts at their source by regulating activities which cause stormwater problems.
B. 
Utilize and preserve the desirable existing natural drainage systems.
C. 
Encourage infiltration of stormwater, where appropriate, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
D. 
Maintain the existing flows and quality of waterways and wetlands in the municipality and the commonwealth.
E. 
Preserve and restore the flood carrying capacity of streams.
F. 
Provide for proper maintenance of all permanent stormwater management BMPs that are implemented in the municipality.
G. 
Provide review procedures and performance standards for stormwater planning, design, and management.
H. 
Manage stormwater impacts close to the runoff source which requires a minimum of structures and relies on natural processes.
I. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 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.
J. 
Prevent scour and erosion of streambanks and streambeds.
K. 
Provide standards to meet the NPDES permit requirements.
The municipality 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 "Stormwater Management Act", Act 247, the Pennsylvania Municipalities Planning Code of July 31, 1968, P.L. 805; 53 P.S. § 10101, as reenacted and amended, and the Township of East Allen Code.
A. 
This chapter shall only apply to those areas of the municipality which are located within the Monocacy Creek Watershed as delineated on an official map available for inspection at the municipal office. A man of the Monocacy Creek Watershed at a reduced scale is included in Appendix A for general reference.[1]
[1]
Editor's Note: Appendix A is included as an attachment at the end of this chapter.
B. 
All activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter. Regulated activities include:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious 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 or channel.
(6) 
Installation of stormwater systems or appurtenances thereto.
(7) 
Regulated earth disturbance activities.
(8) 
Other than that included in Subsection B(1) through (7), any earth disturbance activities or any activities that include the alteration or development of land in a manner that may affect stormwater runoff onto adjacent property.
A. 
Impervious cover. Any proposed regulated activity, except those defined in § 204-5B(5) through (8) which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, and the currently proposed impervious cover is at least 1,000 square feet, a drainage plan shall be required for the new proposal.
(1) 
The date of the municipal ordinance adoption of the original Monocacy Creek Act 167 Stormwater Management Ordinance, March 1989 shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered.
(2) 
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
(3) 
For a parent tract with a prior exemption, the current drainage plan shall control the runoff from only the impervious cover currently proposed, unless the proposed impervious cover is on a building lot from the previous exemption; in such case, all impervious cover proposed on that building lot since the ordinance adoption shall meet the ordinance provisions.
(4) 
Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, and roof, parking or driveway areas, and any new streets and sidewalks constructed as part of or for the proposed regulated activity.
(5) 
Any additional areas proposed initially to be gravel, crushed stone, porous pavement, etc., shall be assumed to be impervious for the purposes of comparison to the exemption criteria. Any existing gravel, crushed stone or hard-packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation.
(6) 
If a drainage plan is required, the predevelopment and post-development calculations should be based on actual cover conditions regardless of any assumptions made for purposes of exemption evaluation.
B. 
Prior drainage plan approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the municipality prior to the effective date of this chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in Subsection D, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval, and the approval has not lapsed under the Municipalities Planning Code.[1] If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new drainage plan, subject to the provisions of this chapter, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures, or changes necessary because soil or other conditions are not as stated on the original drainage plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Activities associated with § 204-5B(8) shall be exempt from the drainage plan preparation requirements of the Ordinance unless the municipality determines that the activity could create a new or relocated concentrated drainage discharge. Agricultural activity as may be covered by § 204-5B(8) are exempt from the drainage plan provisions of this chapter.
D. 
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety and property, and to meet state water quality requirements. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance.
E. 
No exemptions shall be provided for regulated activities as defined in § 204-5B(5) through (7).
F. 
Agricultural activity is exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
G. 
Timber harvesting activities are exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
H. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
Any ordinance of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
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.
Notwithstanding any provisions of this chapter, including exemption and waiver provisions, any landowner and 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 shall include such actions as are required to manage the rate, volume, direction and quality of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.