This ordinance shall be known and may be cited as the "Paradise Township Stormwater Management Ordinance."
Paradise Township finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting from development and lack of proper wetland conservation throughout a watershed increases flood flows and velocities, contributes to accelerated 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, impacts surface and groundwater quality and threatens public health and safety.
B.
A comprehensive program of stormwater management, nonpoint source pollution control, and wetland conservation, including reasonable regulation of development and activities causing accelerated erosion and sediment pollution, is fundamental to the public health, safety and welfare and the protection of the people of the Township and all the people of the commonwealth, their resources and environment.
C.
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow 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 new development in a manner which uses existing topography and soil characteristics, to the extent practicable, to maintain the natural hydrologic regime.
D.
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 maintain baseflow and stream health.
The purpose of this chapter is to promote the public health, safety and welfare by minimizing the damages described in § 123-2 of this chapter by provisions designed to:
A.
Promote alternative project designs and layouts that minimize impacts to surface and groundwater.
B.
Promote nonstructural Best Management Practices (BMPs).
C.
Minimize increases in stormwater volumes.
D.
Minimize impervious surfaces.
E.
Control accelerated runoff, erosion and sediment pollution problems at their source by regulating activities which cause such problems.
F.
Utilize and preserve the desirable existing natural drainage systems.
G.
Encourage recharge of groundwater where appropriate and prevent the degradation of groundwater quality.
H.
Control the quality and quantity of stormwater discharges from development sites.
I.
Maintain the existing flows of streams and watercourses and the quality and integrity of wetlands in the Township and the commonwealth.
J.
Preserve and restore the flood-carrying capacity of streams.
K.
Provide for proper maintenance of permanent stormwater management controls and structures which are constructed in the Township.
L.
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
The Township is empowered to regulate land use activities that affect runoff, surface and groundwater quality and quantity by the authority of the Act of October 4, 1978 P.L. 864, No. 167, known as the "Stormwater Management Act" (hereinafter referred to as "the Act") found at 32 P.S. § 680.1 et seq., as amended; the Act of December 16, 2002, P.L. 1776, No. 220, pertaining to water resources planning, found at 27 Pa.C.S.A. § 3101 et seq., the Pennsylvania Municipalities Planning code, Act of 1968, P.L. 805, No. 247, as amended, and Section 2704 of the Second Class Township Code found at 53 P.S. § 67704 all as amended.
A.
This chapter shall apply to all of Paradise Township, which is located entirely within the Brodhead/McMichaels Creek Watershed, as delineated in Appendix D of the Brodhead and McMichaels Creek Watershed Act 167 Stormwater Management Plan Update. Appendix D of the Plan is hereby adopted as part of this chapter.
B.
This chapter shall apply to permanent nonstructural and structural stormwater BMPs constructed as part of any of the regulated activities listed at § 123-5E below.
C.
This chapter contains only minimum stormwater runoff control standards. Additional stormwater management design criteria (i.e., inlet spacing, inlet type, collection system details, etc.) which represent sound engineering practice may be required.
D.
The Township may, after consultation with the Pennsylvania Department of Environmental Protection (PADEP), 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.
E.
The following activities (herein after "Regulated Activities") are included within the scope of this chapter:
(1)
Land development.
(2)
Subdivision.
(3)
Earth disturbance.
(4)
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(5)
Construction of new buildings or additions to existing buildings.
(6)
Redevelopment of a site which will increase runoff or change a Point Source discharge.
(7)
Diversion, piping, or encroachment in any natural or man-made channel.
F.
Exemptions.
(1)
The following activities are specifically exempt from the requirements of this chapter. All erosion and sediment pollution controls specified in this chapter and/or required by PADEP's Erosion and Sediment Pollution Control Program Manual and Chapter 102 must still be implemented.
(a)
Earth disturbance affecting less than 20,000 square feet.
(b)
Regulated Activities creating less than 5,000 square feet of impervious surface. This shall include all impervious area created from the original time of approval of this chapter (May 5, 1987).
(c)
Single-family residential home construction and associated amenities creating impervious surfaces that conform to the following table. To allow for the exemption, proposed work must meet both parcel size and minimum distance requirements.
Parcel Size (acres) | Minimum Distance* (feet) | Impervious Area Exemption (square feet) |
|---|---|---|
0-1 | 10 | 5,000 |
1-2 | 100 | 10,000 |
2-5 | 250 | 15,000 |
>5 | 500 | 20,000 |
* | The minimum distance between the proposed impervious area and/or stormwater control discharge point to the downslope property line or watercourse. The downslope property line shall follow the topography directly from newly proposed impervious surface to parcel boundary, or until a stream or wetland is reached, whichever is less. |
(d)
Residential use of land for gardening for home consumption.
(e)
Agriculture when operated in accordance with a Conservation plan or Erosion and Sediment Control Plan found adequate by the Monroe County Conservation District.
(f)
Forest management/timber operations when operated in accordance with an Erosion and Sediment Control Plan found adequate by the Monroe County Conservation District.
(2)
An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property.
(3)
The Township may require a Stormwater Management Plan submittal even if an applicant meets the exemption criteria above if a drainage problem is documented or known to exist downstream of a proposed activity.
(4)
This chapter shall apply to the total development even if development is to take place in phases. The date of the original Stormwater Management Ordinance (May 5, 1987) shall be the starting point from which to consider tracts as "parent tracts" in which future Regulated Activities and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the parent tract prior to May 5, 1987 shall not be considered in cumulative impervious area calculations for exemption purposes.
G.
Waivers.
(1)
In order to permit the reasonable utilization of property, the Board Supervisors may grant a waiver of the requirements of one or more provisions of this Ordinance if literal compliance will result in undue hardship or be unreasonable as it is applied to a particular property, or if the applicant establishes to the satisfaction of the Board of Supervisors that an alternative proposal will allow for equal or better results.
(2)
In granting any requested waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this Ordinance.
(3)
All requests for waivers shall be made in writing, shall be signed by the applicant, shall accompany the submission of a site plan, and shall include:
(a)
The specific provision of this Ordinance with respect to which a waiver is desired.
(b)
The specific waiver requested and the proposed alternative.
(c)
The applicant's justification for the waiver, including the full basis and facts of the alleged unreasonableness or undue hardship, and an explanation of how the requested waiver is the minimum relief necessary to permit the reasonable utilization of the property that still achieves the purposes and objectives of this Ordinance.
(4)
The Board of Supervisors shall maintain a written record of the action taken on all requests for waivers. Any waivers which are granted or approved shall be set forth on the approved site plan and on the record plan.
Applicants are required to comply with all applicable requirements of the Paradise Township Code of Ordinances and the PADEP and/or the United States Army Corps of Engineers. Should any stormwater management facilities qualify as a dam under PADEP Chapter 105, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety. If more stringent requirements concerning regulation of stormwater or erosion and sediment pollution control or activities in wetlands are contained in any other code, rule, act or ordinance, the more stringent regulation shall apply.