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.
The purpose of this Part 1 is to promote health, safety, and welfare within the Conestoga River Watershed by minimizing the damages described in § 410-1A of this Part 1 through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
B. 
Utilize and preserve the existing natural drainage systems.
C. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
D. 
Maintain existing flows and quality of streams and watercourses in the municipality and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams within the Conestoga River Watershed.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
G. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
The municipality is empowered to regulate land use activities that affect runoff by the authority of the Storm Water Management Act and the Second Class Township Code and the Flood Plain Management Act and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq., 53 P.S. § 65101 et seq., 32 P.S. § 679.101 et seq., and 53 P.S. § 10101 et seq., respectively.
A. 
This Part 1 shall only apply to those areas of the municipality that are located within the Conestoga River Watershed as delineated in the Subwatershed Boundary Map of this Part 1 located in Appendix D[1] which is hereby adopted as part of this Part 1.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Any landowner or any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures consistent with the provisions of the Conestoga River Watershed Stormwater Plan. Examples of regulated activities include, but are not limited to the following:
(1) 
Land development;
(2) 
Subdivision;
(3) 
Construction of new or additional impervious or semipervious surfaces such as driveways and parking lots;
(4) 
Construction of new buildings or additions to existing buildings;
(5) 
Diversion or piping of any natural or man-made stream channel; and
(6) 
Installation of stormwater management facilities or appurtenances thereto.
For any of the activities regulated by this Part 1, the final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, 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 municipality or its designee.
Any provisions of any ordinance of the municipality inconsistent with any of the provisions of this Part 1 is hereby repealed to the extent of the inconsistency only.
Should any section, provision or part thereof of this Part 1 be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part 1.
Approvals issued pursuant to this Part 1 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. Whenever there is a difference between the minimal applicable standards specified herein and those included in other applicable municipal regulations:
A. 
Within that portion of the municipality located in the Conestoga River Watershed, the regulations of this Part 1 shall apply.
B. 
Within the remainder of the municipality, the current standard shall apply.