The governing body of the municipality finds 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 municipality and all the people of the commonwealth, their resources, and the environment.
C. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface water and groundwater quality.
D. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream base flow and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
E. 
To effectively monitor the maintenance of base flow within the watershed, a tracking of consumptive use, including stormwater discharges and groundwater withdrawals, is critical to complying with antidegradation, the Act's goals and policy, and the regulatory requirement to maintain base flow and stream health.
The purpose of this chapter is to promote the public health, safety, and welfare within the Brodhead/McMichaels Creek Watersheds by maintaining the natural hydrologic regime by minimizing the impacts described in § 425-1 of this chapter through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface water and groundwater.
B. 
Promote nonstructural BMPs.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems during construction.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing base flow and quality of streams and watercourses in the municipality and the commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
L. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The municipality is empowered to regulate land use activities that affect runoff, surface water and groundwater quality and quantity by the authority of the Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act" (hereinafter referred to as "the Act"), and the Water Resources Management Act of 2002, as amended, Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended,[1] and the Second Class Township Code, 53 P.S. §65101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This chapter shall apply to those areas of the municipality that are located within the Brodhead Creek/Bushkill Creek and Wallenpaupack Creek watersheds, as delineated in Appendix D.[1] In those areas outside the Brodhead Creek Watershed, all post-construction stormwater shall be controlled so as to not increase runoff above preconstruction rates, except for the two-year storm which shall be reduced to the one-year storm.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
This chapter shall only apply to permanent nonstructural and structural stormwater management best management practices (BMPs) proposed and constructed as part of any of the regulated activities listed in this section.
C. 
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinances and applicable state regulations.
D. 
The municipality may, after consultation with DEP, approve alternative methods for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law, including but not limited to the Clean Streams Law[2] and the Pennsylvania Stormwater BMP Manual, as revised.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction of/or additional impervious or semipervious surfaces (driveways, parking lots, roads).
(5) 
Construction of new buildings or additions to existing buildings.
(6) 
Redevelopment of a site, which will increase runoff or change a discharge point. Any redevelopment that does not increase the runoff must still comply with § 425-12, Water quality and streambank erosion requirements, and § 425-13, Groundwater recharge.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
(9) 
Stream enhancement or restoration projects.
Any ordinance or ordinance provision of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
Should any section or provision 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.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance.