This chapter shall be known and may be cited as the "Township
of Wilkins MS4 Stormwater Management Ordinance."
The governing body of the Township 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. The use of green infrastructure (GI) and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
predevelopment hydrology.
E. 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).
The purpose of this chapter is to promote health, safety, and welfare within the Township and its watershed by minimizing the harms and maximizing the benefits described in §
374-2 of this chapter, through provisions designed to:
A. Comply with the 2018 Allegheny County Act 167 Stormwater Management
Plan.
B. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
C. Preserve the natural drainage systems as much as possible.
D. Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
E. Provide procedures and performance standards for stormwater planning
and management.
F. Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
G. Prevent scour and erosion of stream banks and streambeds.
H. Provide proper operation and maintenance of all SWM BMPs that are
implemented within the Township.
I. Provide standards to meet NPDES permit requirements.
The Township 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, and/or 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.
All regulated activities within the Township, and all stormwater
runoff entering the Township's separate storm sewer system from
lands within and tributary to the municipal boundary, including the
sources of such runoff, and all activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter. Activities regulated by
this chapter include, but are not limited to, the following:
C. Construction of new or additional impervious or semipervious surfaces,
to include, for example, driveways and parking lots;
D. Construction of new buildings or additions to existing buildings;
E. Installation, maintenance, and alterations to stormwater management
facilities or appurtenances thereto;
F. Any earth disturbances or other activities that involve the alteration
or development of land, or removal of trees and vegetation in a manner
that may affect post-construction stormwater runoff;
G. New earth disturbance activities on previously developed properties,
which includes properties that have been graded, altered, and/or compacted,
whether or not any structures have been built;
H. The demolition or partial demolition of an existing facility; however,
such work required for building or site maintenance, parking lot resurfacing,
roof replacement, building exterior repairs, etc., shall not constitute
regulated activities unless deemed so by the Township;
I. Construction of new buildings or facilities in existing impervious
or semipervious areas, including the full or partial redevelopment
of existing properties.
The Township, with the adoption of this chapter, hereby repeals
any other ordinance provision(s) or regulation of the Township inconsistent
with any of the provisions of this chapter. Said ordinance provision(s)
or regulation is hereby repealed to the extent of the inconsistency
only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued and actions taken under this chapter 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.
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.
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.