[Ord. 8/12/1999, § 1.2]
This Part shall be known and may be cited as the "Montour Township Stormwater Management Ordinance."
[Ord. 8/12/1999, § 1.3]
This Part is enacted and ordained by the Board of Supervisors of Montour Township pursuant to the authority of the Second Class Township Code and the Pennsylvania Storm Water Management Act, Act 167 of 1978, P.L. 864, 32 P.S. § 680.1 et seq.
[Ord. 8/12/1999, § 1.4]
1. 
Montour Township is required by the Pennsylvania Storm Water Management Act, Act No. 167 of 1978, P.L. 8644, 32 P.S. § 680.1 et seq., to implement the technical standards from the Montour County adopted and DEP approved Mahoning Creek-Sechler Run Watershed Stormwater Management Plan, dated June 1995, and enact an implementing Township Stormwater Management Ordinance for that portion of the Mahoning Creek-Sechler Run Watersheds lying within Montour Township. This Part is intended to fulfill those statutory obligations upon enactment. Accordingly, this Part is designed and intended to be in conformity with that watershed plan.
2. 
This Part is intended to establish controls on new developments and land uses which will protect existing properties and waterways from damage and thereby to promote health, safety and welfare within the Township through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
B. 
Utilize and preserve the existing natural drainage systems.
C. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
D. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Township.
G. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
[Ord. 8/12/1999, § 1.5; as amended by Ord. 2/9/2006]
1. 
This Part shall apply to all land and watercourses within the Township in conjunction with any of the regulated activities listed in this section. The following activities are defined as regulated activities and shall be regulated by this Part:
A. 
Land development of 5,000 square feet or more of impervious or semipervious area, except for land developments where the total impervious area and semipervious area exceeds 4,999 square feet but is less than 10,000 square feet, if, and only if:
[Amended 2/10/2011]
(1) 
Runoff from impervious and semipervious surfaces is managed by routing the flow to undisturbed pervious areas such as grass lawns, grass fields, wooded areas or wetlands, thereby disconnecting the runoff from down-gradient impervious areas; and
(2) 
There is no direct discharge to a permanent flowing waterway as recognized by DEP.
B. 
Subdivision, except for minor subdivisions where the total impervious area and semipervious area does not exceed 5,000 square feet for any lot and minor subdivisions where the total impervious area and semipervious area exceeds 4,999 square feet but is less than 10,000 square fee for any lot, if, and only if:
[Amended 2/10/2011]
(1) 
Runoff from impervious and semipervious surfaces is managed by routing the flow to undisturbed pervious areas such as grass lawns, grass fields, wooded areas or wetlands, thereby disconnecting the runoff from down-gradient impervious areas; and
(2) 
There is no direct discharge to a permanent flowing waterway as recognized by DEP.
C. 
Construction of new or additional impervious or semipervious surfaces (driveways, parking lots, etc.) of 5,000 square feet or more, except for minor subdivisions where the total impervious area and semipervious area does not exceed 5,000 square feet for each lot and minor subdivisions where the total impervious area and semipervious area exceeds 4,999 square feet but is less than 10,000 square if, and only if, (i) runoff from impervious and semipervious surfaces is managed by routing the flow to undisturbed pervious areas such as grass lawns, grass fields, wooded areas or wetlands, thereby disconnecting the runoff from down-gradient impervious areas, and (ii) there is no direct discharge to a permanent flowing waterway as recognized by DEP. Impervious surface created by long driveways for access to individual single-family homes on lots 1/2 acre or larger shall be exempt from the total impervious area limitation so long as the driveway drainage is effectively managed by ditches, cross-pipes, catch-basins or other appropriate facilities or by ditch outlets that distribute the stormwater as relatively even nonchannelized sheet flow across land in the same ownership as the new home. Alternatively, if the land adjacent to the long driveway is in different ownership, but discharge of driveway drainage can be achieved without detriment to that property and without creating any safety hazard, the person developing the home with the long driveway may present to the Township an executed agreement with the adjacent property owner(s) which gives permission for such stormwater discharge to qualify for the exemption.
[Amended 2/10/2011]
D. 
Construction of new buildings or additions to existing buildings of 5,000 square feet or more except for such construction of more than 4,999 square feet but less than 10,000 square feet, if, and only if:
[Amended 2/10/2011]
(1) 
Runoff is managed by routing the flow to undisturbed pervious areas such as grass lawns, grass fields, wooded areas or wetlands, thereby disconnecting the runoff from down-gradient impervious areas; and
(2) 
There is no direct discharge to a permanent flowing waterway as recognized by DEP.
E. 
Diversion or piping of any natural or man-made stream channel, except the placement of a road culvert pipe in an established stream or a temporary crossing for forest management operations or agricultural activities.
F. 
Installation of permanent stormwater management facilities or appurtenances thereto.
G. 
Alteration or addition to a previously constructed permanent stormwater management facility or device whether previously approved or permitted under this Part or not.
2. 
This Part shall only apply to permanent stormwater management facilities constructed as part of a stormwater management plan. Erosion and sedimentation controls during construction activities are specifically not regulated by this Part but shall continue to be regulated under existing laws and ordinances.
3. 
This Part shall provide for and endeavor to maintain the existing flows and quality of streams and watercourses in the Township, preserve and restore the flood carrying capacity of streams, establish criteria for the design, installation and proper maintenance of all permanent stormwater management structures which are constructed pursuant to this Part and, to the extent practical, ensure that the peak rate of runoff is no greater after development than prior to development or changes in land use.
4. 
This Part contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed wide perspective and which must be utilized for design of stormwater facilities in conjunction with land developments or other regulated activities. Site-specific stormwater management design criteria (e.g., inlet location, inlet type, collection system details, outlet structure placement, etc.) shall continue to be regulated by Chapter 22, Subdivision and Land Development, of the Montour Township Code or other applicable provisions thereof. Site-specific features, subdrainage areas and land cover details will be required for a land development which is not regulated by said Chapter 22.
[Ord. 8/12/1999, § 1.6]
1. 
Approvals issued pursuant to this Part do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable federal, state, county, or Township law, regulations, code, rule, act or ordinance. All landowners, developers or other responsible persons engaged in the development of land are required by Section 13 of the Pennsylvania Storm Water Management Act[1] to:
A. 
Ensure that runoff after development is no greater than before development.
B. 
Manage the quantity, velocity and direction of resulting runoff in a manner which adequately protects health, safety and property.
[1]
Editor's Note: See 32 P.S. § 680.13.