[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]
1.
The Supervisors of the Township of West Cocalico find 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.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
is fundamental to the public health, safety, welfare, and the protection
of the people of the Township and all the 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).
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F.
Nonstormwater discharges to municipal separate storm sewer systems
(MS4) can contribute to pollution of waters of this commonwealth.
G.
Inadequate maintenance of stormwater best management practices (BMPs)
causes loss of water quality, flooding, and other problems.
H.
A program of reasonable regulation of connections and discharges
to municipal stormwater management facilities will be beneficial.
[Ord. No. 129, 9/3/2015]
1.
The purpose of this chapter is to promote health, safety, and welfare within West Cocalico Township by minimizing the damages described in § 23-102 of this chapter through provisions designed to:
A.
Meet legal water quality requirements under state law to protect,
maintain, reclaim, and restore the existing and designated uses of
the waters of this commonwealth.
B.
Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
C.
Utilize and preserve the existing natural drainage systems.
D.
Maintain recharge of groundwater to minimize degradation of surface
water and groundwater quality and protect water resources.
E.
Maintain existing flows and quality of streams and watercourses in
the Township.
F.
Preserve the flood-carrying capacity of streams.
G.
Require proper operations and maintenance of all temporary and permanent
stormwater management facilities and best management practices (BMPs)
that are constructed and implemented.
H.
Require consistency and compliance with the requirements of the "Countywide
Act 167 Plan" dated April 2013, revised August 16, 2013, that are
found in "Blueprints: An Integrated Water Resources Plan for Lancaster
County."
I.
Provide procedures, performance standards, and design criteria for
stormwater planning and management.
J.
Implement an illegal discharge detection and elimination program
within MS4 permitted urbanized areas to address nonstormwater discharges
into a municipal separate storm sewer system.
K.
Promote stormwater runoff prevention through the use of nonstructural
BMPs.
L.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
M.
Encourage the preservation, protection, conservation, and restoration
of natural resource systems.
N.
Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
[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,[1] 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,[2] and the Pennsylvania Flood Plain Management Act, Act No.
166 of October 4, 1978 (P.L. 851),[3] 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]
1.
With the exception of activities exempted under § 23-401, the provisions, regulations, limitations, and restrictions of this chapter shall apply to all regulated activities as defined in this chapter within West Cocalico Township.
2.
This chapter shall apply to temporary and permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Temporary stormwater management and erosion
and sedimentation control regulated by PADEP under Chapter 102 during
construction activities are not specifically regulated by this chapter,
but shall continue to be regulated by PADEP under Chapter 102 and
the Pennsylvania Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
3.
The following activities are defined as "regulated activities" and
shall be regulated by this chapter:
A.
All subdivisions or land developments.
B.
Major or minor land disturbances.
C.
Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
D.
Construction of new buildings or additions to existing buildings.
E.
Diversion or piping of any natural or man-made stream channel.
F.
Installation or modification of stormwater management facilities
or BMPs or appurtenances thereto.
G.
Any other activities where the Township determines that said activities
may affect any existing stormwater management facilities or stormwater
drainage patterns.
[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]
1.
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 Township, this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the 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 any violation
has occurred under any prior stormwater regulation or ordinance of
the 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 prior
stormwater regulation or ordinance shall remain effective as to said
violation.
2.
Any stormwater management site 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.
[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.
