This chapter shall be known as the "East Hanover Township Stormwater Management Ordinance."
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, threatens public health and safety, and increases non-point source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of people of East Hanover Township and all of the people of the commonwealth, their resources, and the environment.
C. 
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.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
E. 
Reasonable regulation of connections and discharges to municipal separate storm sewer systems is fundamental to the public health, safety and welfare and the protection of people of the commonwealth, their resources and the environment.
F. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater issues.
G. 
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). Permittees are required to enact, implement and enforce a prohibition of non-stormwater discharges to the permittee's regulated small municipal separate storm sewer system (MS4).
H. 
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 health, safety, and welfare within East Hanover Township, by minimizing the harms and maximizing the benefits described in § 172-2, Statement of findings (above), through provisions intended to:
A. 
Meet legal 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. 
Manage accelerated runoff and erosion and sedimentation problems close to their source, by regulating activities that cause these problems.
C. 
Preserve the natural drainage systems to the maximum extent possible.
D. 
Maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
E. 
Maintain existing flows and quality of streams and watercourses.
F. 
Preserve and restore the flood-carrying capacity of streams and prevent scour and erosion of stream banks and streambeds.
G. 
Manage stormwater impacts close to the runoff source, with a minimum of structures and a maximum use of natural processes.
H. 
Provide procedures, performance standards, and design criteria for stormwater planning and management.
I. 
Provide proper operations and maintenance of all temporary and permanent stormwater management facilities and best management facilities (BMPs) that are constructed and implemented.
J. 
Provide standards to meet the NPDES permit requirements.
K. 
Coordinate land development in accordance with Chapter 250, Zoning, Chapter 185, Subdivision and Land Development, long-range transportation plan, County and Township comprehensive plans, watershed plans, and other plans of the Township and County.
A. 
Primary authority. East Hanover Township 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 Storm Water Management Act.
B. 
Secondary authority. The County of Lebanon is also empowered to assist municipalities in regulating land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
C. 
All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute non-stormwater discharges to a regulated small MS4 are subject to regulation by this chapter.
A. 
This chapter shall apply to any regulated activity within East Hanover Township, Lebanon County, Pennsylvania.
B. 
Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements. The requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
A. 
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the East Hanover Township, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of East Hanover Township that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior stormwater regulation or ordinance. In the event that any violation has occurred under any stormwater regulation or ordinance of East Hanover Township, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior stormwater regulation or ordinance, and the provisions and penalties provided in said stormwater regulation or ordinance shall remain effective as to said violation.
B. 
Any plan pending at the time of the effective date of this chapter shall be allowed to proceed with revisions, finalization and implementation in accordance with any ordinance in effect prior hereto.
In the event that a court of competent jurisdiction declares any section(s) or provision(s) of this chapter invalid, such decision shall not affect the validity of any of the remaining section(s) or provision(s) of this chapter.
A. 
Approvals issued and actions taken pursuant to this chapter do not relieve the applicant of the responsibility to comply with or to secure required permits or approvals for activities regulated by any other applicable codes, laws, rules, statutes or ordinances. To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed. Conflicting provisions in other ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
B. 
The degree of stormwater management sought by the provisions of this chapter is considered reasonable for regulatory purposes. When applicable, this chapter shall be used in conjunction with Chapter 185, Subdivision and Land Development. This chapter shall not create liability on the part of the County of Lebanon, any appointed or elected official of East Hanover Township, the Lebanon County Conservation District or any employee thereof for any erosion, sedimentation, or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
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 also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property and water quality.
A. 
Compliance with this chapter does not preclude the need to obtain other permits and approvals as may be required by East Hanover Township, the County of Lebanon, the Lebanon County Conservation District, and the Commonwealth of Pennsylvania, the federal government or other agencies. Other permits and approvals may include subdivision and land development plan, zoning permits, building code permits, an erosion and sedimentation pollution control plan, National Pollution Discharge Elimination System permit (NPDES), water obstruction and encroachment permit, dam safety permit, submerged lands license agreement, Sections 401 and 404 of the Clean Water Act and others. The most stringent of all pertinent requirements shall apply.
B. 
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.