[Ord. No. 3-2011, 3/8/2011]
This Part shall be known and may be cited as the "Sugarloaf Township Stormwater Management Ordinance."
[Ord. No. 3-2011, 3/8/2011]
1. 
The governing body of the municipality finds that:
A. 
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.
B. 
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 people of the commonwealth, their resources, and the environment.
C. 
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.
D. 
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).
[Ord. No. 3-2011, 3/8/2011]
1. 
The purpose of this Part is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 26-102 of this Part, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this 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 permanent SWM BMPs that are implemented within the municipality.
H. 
Provide standards to meet NPDES permit requirements.
[Ord. No. 3-2011, 3/8/2011]
1. 
Primary Authority. 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 "Storm Water Management Act" and the (appropriate municipal code).
2. 
Secondary Authority. The municipality also is empowered to regulate 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, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 3-2011, 3/8/2011]
1. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this Part.
2. 
Pennsylvania Department of Transportation (PennDOT) roadway projects will perform stormwater management consistent with Publication 13M (Design Manual-2), Chapter 13.6, Antidegradation and Post Construction Stormwater Management Policy.
[Ord. No. 3-2011, 3/8/2011]
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.
[Ord. No. 3-2011, 3/8/2011]
In the event that a court of competent jurisdiction declares any section or provision of this Part invalid, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 3-2011, 3/8/2011]
1. 
Approvals issued and actions taken under this Part 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.
2. 
If the municipality administers its own subdivision and land development ordinance, the municipality shall be responsible for administering this Part.
3. 
If the municipality falls under the authority of the Luzerne County Subdivision and Land Development Ordinance, the county shall be responsible for administering this Part.
4. 
The standards and criteria in this Part supersede the standards and criteria in the previously enacted Luzerne County Stormwater Management Ordinance.