This chapter shall be known and may be cited
as the "Act 167 Schuylkill River Stormwater Management Ordinance."
The Township of Muhlenberg Commissioners 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. Inadequate planning
and management of stormwater runoff resulting from land development
and redevelopment throughout a watershed can also harm surface water
resources by changing the natural hydrologic patterns, accelerating
stream flows (which increase scour and erosion of streambeds and stream
banks, thereby elevating sedimentation), destroying aquatic habitat
and elevating aquatic pollutant concentrations and loadings such as
sediments, nutrients, heavy metals and pathogens. Groundwater resources
are also impacted through loss of recharge.
C. A comprehensive
program of stormwater management (SWM), including minimization of
impacts of development, redevelopment and activities causing accelerated
erosion, is fundamental to the public health, safety and welfare,
and the protection of the people of the Township of Muhlenberg and
all the people of the commonwealth, their resources and the environment.
D. Inadequate management
of accelerated stormwater runoff resulting from development throughout
a watershed poses a threat to surface water and groundwater quality.
E. Stormwater can
be an important water resource by providing groundwater recharge for
water supplies and baseflow of streams, which also protects and maintains
surface water quality.
F. Impacts from stormwater
runoff can be minimized by using project designs that maintain the
natural hydrologic regime and sustain high water quality, groundwater
recharge, stream baseflow and aquatic ecosystems. The most cost-effective
and environmentally advantageous way to manage stormwater runoff is
through nonstructural project design, minimizing impervious surfaces
and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains,
steep slopes), and designing to topography and soils to maintain the
natural hydrologic regime.
G. Public education
on the control of pollution from stormwater is an essential component
in successfully addressing stormwater.
H. 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).
I. Non-stormwater
discharges to municipal separate storm sewer systems can contribute
to pollution of waters of the commonwealth by the Township of Muhlenberg.
All regulated activities and all activities
that may affect stormwater runoff, including land development and
earth disturbance activity, are subject to regulation by this chapter.
Any ordinance or ordinance provision of the
Township of Muhlenberg 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 and actions taken under this
chapter do not relieve the applicant of the responsibility to secure
required permits or approvals for activities by any other code, law,
regulation or ordinance.