This chapter shall be known and may be cited as the "Middle Smithfield Township Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development and redevelopment throughout a watershed increases runoff volumes, 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 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. 
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.
C. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, 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.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams, which also protects and maintains surface water quality.
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F. 
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) program.
G. 
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 chapter is to promote health, safety, and welfare within Middle Smithfield Township by maintaining the natural hydrologic regime and minimizing the impacts described in § 160-2 of this chapter, through provisions designed to meet the following objectives:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Address certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Phase II Stormwater Regulations.
C. 
Preserve the natural drainage systems as much as possible.
D. 
Manage stormwater as close to the source of runoff as possible using a minimum of structures and maximizing reliance on natural processes.
E. 
Accommodate site development and redevelopment in a manner that protects public safety and that is consistent with (or reestablishes) the natural hydrologic characteristics of each watershed (refer to Appendix D[1] for watershed map) and sustains groundwater recharge, stream base flows, stable stream channel (geomorphology) conditions, the carrying capacity of streams and their floodplains, groundwater and surface water quality, and aquatic living resources and their habitats.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
F. 
Reduce and minimize the volume of stormwater generated.
G. 
Protect natural infiltration and groundwater recharge rates in order to sustain groundwater supplies and stream base flows.
H. 
Maintain runoff characteristics of the site after completion of development that are consistent with the carrying capacity and stable channel conditions of the receiving streams.
I. 
Protect water quality by removing and/or treating pollutants prior to discharge to groundwaters and surface waters throughout Middle Smithfield Township, and protect, restore, and maintain the chemical, physical, and biological quality of groundwaters and surface waters.
J. 
Protect instream channels and geomorphology conditions of the receiving streams; protect their flood-carrying capacity and aquatic habitats and reduce instream erosion and sedimentation.
K. 
Protect adjacent lands from adverse impacts of direct stormwater discharges.
L. 
Ensure effective long-term operation and maintenance of all permanent stormwater management facilities.
M. 
Maintain the existing water balance in all watersheds, subwatersheds, and streams in Middle Smithfield Township, and protect and/or restore natural hydrologic characteristics and habitats wherever possible throughout the watershed systems (refer to Appendix D[2] for watershed delineation).
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
N. 
Reduce the impacts of runoff from existing developed sites undergoing redevelopment while encouraging development and redevelopment in urban areas and areas designated for growth.
O. 
Provide procedures and performance standards for stormwater and watershed-wide planning and management.
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), § 80.1 et seq., as amended, the "Stormwater 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, Second Class Township Code, 53 P.S. §§ 66501 et seq. and 66601 et seq. and the Borough Code 53 P.S. § 46201 et seq.
A. 
This chapter shall apply to those areas of the municipality that are located within the Brodhead and McMichaels Creek Watersheds, as delineated on the mapping in Appendix D[1] which is hereby adopted as part of this chapter.
[1]
Editor's Note: Appendix D 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) 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 §§ 160-15 (Water quality and streambank erosion requirements) and 160-16 (Stormwater volume control requirement).
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Nonstructural and structural storm water management BMP's or appurtenances thereto.
(9) 
Stream enhancement or restoration projects.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this chapter 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 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.
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 municipality purporting to validate such a violation.
A. 
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the Township of Middle Smithfield if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the ordinance is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the ordinance. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the ordinance involved and the proposed modification.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township of Middle Smithfield unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.