The governing body of the municipality finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases runoff volumes,
flood flows and velocities, contributes to erosion and sedimentation,
degrades water quality, overtaxes the carrying capacity of 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, threatens public health and safety,
and increases nonpoint source pollution of water resources.
B. A comprehensive program of stormwater management (SWM), 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. 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., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
D. Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and streambanks thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
E. The aforementioned impacts happen mainly through a decrease in natural
infiltration of stormwater.
F. Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
G. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H. Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a federal permit for stormwater discharges from their separate
storm sewer systems under the National Pollutant Discharge Elimination
System (NPDES) program.
I. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Township.
J. The use of green infrastructure 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.
The purpose of this comprehensive stormwater management ordinance is to promote health, safety, and welfare within Hilltown Township and its watersheds by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
134-1 of this chapter through provisions designed to:
A. Meet water quality requirements under state law, including regulations
at 25 Pa. Code Chapter 93.4a to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth;
and maintain the level of water quality to support those uses in all
streams, and to protect and maintain water quality in special protection
streams.
B. Promote nonstructural best management practices.
C. Minimize increases in stormwater volume and control peak flow.
D. Minimize impervious surfaces.
E. Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
F. Utilize and preserve the existing natural drainage systems as much
as possible.
G. Maintain the predevelopment volume of groundwater recharge and prevent
degradation of groundwater quality.
H. Maintain the predevelopment peak and volume of stormwater runoff
and prevent degradation of surface water quality.
I. Minimize nonpoint source pollutant loadings to the ground and surface
waters.
J. Minimize impacts on stream temperatures.
K. Maintain existing flows and quality of streams and watercourses in
the municipality and the commonwealth.
L. Preserve and restore the flood-carrying capacity of streams and natural
drainage systems.
M. Provide for proper operations and maintenance of all permanent stormwater
management facilities and best management practices that are implemented
in the Township.
N. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
O. Provide review procedures, performance standards, and design criteria
for stormwater planning and management.
P. Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology by requiring a minimum of structures
and relying on natural processes.
Q. Infiltrate stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
R. Prevent streambank and streambed scour and erosion.
S. Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
T. Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
U. Implement an illegal discharge detection and elimination program
to address nonstormwater discharges into the municipal separate storm
sewer system.
The municipality is empowered to regulate land use activities
that affect runoff by the authority of 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; and by the authority of Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170
of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992,
53 P.S. § 10101.
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.
The Board of Supervisors may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of the ordinance is observed.