[Ord. No. 129, 9/3/2015]
This chapter shall be known as the "West Cocalico Township Stormwater
Management Ordinance."
[Ord. No. 129, 9/3/2015]
The Supervisors of the Township of West Cocalico, pursuant to
the Pennsylvania Storm Water Management Act, Act No. 167 of October
4, 1978, (P.L. 864) (Act 167), Section 680.1 et seq., as amended, the Second Class Township Code, Act of May 1, 1933 (P.L.
103, No. 69), as reenacted and amended by the November 9, 1995 (P.L.
350, No. 60), as amended, and the Pennsylvania Flood Plain Management Act, Act No.
166 of October 4, 1978 (P.L. 851), and 35 P.S. § 691.1 et seq., the Pennsylvania
Clean Streams Law, hereby enacts and ordains this chapter as the West
Cocalico Township Stormwater Management Ordinance.
[Ord. No. 129, 9/3/2015]
For any of the activities regulated by this chapter, the final
approval of subdivision and/or land development plans, the issuance
of any zoning permit authorizing land disturbance or additional impervious
area, or the commencement of any land disturbance activity may not
proceed until the property owner or developer or his/her agent has
received written approval of a stormwater management site plan from
the Township or its designee.
[Ord. No. 129, 9/3/2015]
Should any section, provision or part thereof 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.
[Ord. No. 129, 9/3/2015]
It is not intended by this chapter to repeal, abrogate, annul,
or interfere with any existing ordinances or enactment, or with any
rule, regulation, or permit adopted or issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter, provided that where this chapter imposes greater
restrictions upon the use of land, or prescribed larger open spaces
than are required by the provisions of other such ordinance, enactment,
rule, regulation or permit, then the provisions of this chapter shall
control. Furthermore, if a discrepancy exists between any regulations
contained within this chapter, that regulation which imposes the greater
restriction shall apply.
[Ord. No. 129, 9/3/2015]
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the Township or any of its officials or employees shall
not constitute a representation, guarantee or warranty of any kind
by the Township of the practicability or safety of any proposed structure
or use with respect to damage from erosion, sedimentation, stormwater
runoff, flood, or any other matter, and shall create no liability
upon or give rise to any cause of action against the Township and
its officials and employees of the Township, by enacting and amending
this chapter, does not waive or limit any immunity granted to the
Township and its officials and employees by the Governmental Immunity
Act, 42 Pa.C.S.A. § 8541 et seq., and does not assume any
liabilities or obligations.
[Ord. No. 129, 9/3/2015]
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.