This chapter shall be known and may be cited as the "The Hamiltonban
Township Stormwater Management Ordinance."
The Supervisors of Hamiltonban Township find that:
A. Stormwater is an important water resource which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
B. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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, threatens public health and safety, and increases
nonpoint source pollution of water resources.
C. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of the people of Hamiltonban Township, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within Hamiltonban Township and its watersheds by minimizing the harm and maximizing the benefits described in §
300-2 of this chapter, through provisions designed to:
A. Meet water quality requirements under state law, including regulations
at 25 Pa. Code Chapter 93, to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of the commonwealth.
B. Preserve the natural drainage systems as much as possible.
C. Manage stormwater runoff close to the source.
D. Provide procedures and performance standards for stormwater planning
and management.
E. Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
F. Prevent scour and erosion of stream banks and streambeds.
G. Provide proper operation and maintenance of all stormwater management
best management practices that are implemented within Hamiltonban
Township.
H. Provide standards to meet NPDES permit requirements.
Hamiltonban Township is empowered to regulate land use activities
that affect stormwater impacts by the authority of the Municipalities
Planning Code, 53 P.S. § 10101 et seq., Second Class Township
Code 53 P.S. § 65101 et seq., and the Act of October 4,
1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended,
the "Storm Water Management Act."
In the event that a court of competent jurisdiction declares
any section, clause or provision of this chapter invalid, such decision
shall not affect the validity of any of the remaining sections, clauses
or provisions of this chapter.
Approvals issued and actions taken under this chapter do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other code, law, regulation,
or ordinance. In the event of a conflict between this chapter and
any other ordinance, the more restrictive ordinance shall apply.
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 Hamiltonban Township purporting to validate such a violation.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or 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
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which adequately
protects health, property and water quality.