This chapter shall be known and may be cited as the "Township
of Penn Stormwater Management and Land Disturbance Activity Ordinance."
The Board of Commissioners of the Township of Penn finds that:
A.
Stormwater runoff from lands modified by human activities threatens
public health and safety by causing decreased infiltration of rainwater
and increased runoff flows and velocities, which overtaxes the carrying
capacity of existing streams and storm sewers, causes property damage
and risk to public safety, and greatly increases the cost to the public
to manage stormwater.
B.
Inadequate planning and management of accelerated 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 stream banks, thereby elevating sedimentation),
destroying aquatic habitat and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources are also impacted through loss of recharge.
C.
The Township is located in the Turtle Creek Watershed and as such
will endeavor to cooperate with other municipalities located in the
watershed to address issues of stormwater management, water quality,
pollution and flooding.
D.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth in the Township.
E.
Stormwater can be an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
F.
Public education on the control of pollution of stormwater is an
essential component in successfully managing stormwater.
G.
A comprehensive program of stormwater management, including reasonable
regulation of land development and redevelopment causing loss of natural
infiltration, is fundamental to the public health, safety, welfare,
and the protection of the people of the Township and all the people
of the commonwealth, their resources, and the environment.
H.
The use of open space conservation, green infrastructure, low-impact
development (LID) and riparian buffers is intended to address the
root cause of water quality impairment by using systems and practices
which use or mimic natural processes to i) infiltrate and recharge,
ii) evapotranspire, and/or iii) harvest and use precipitation near
where it falls to earth. Green infrastructure practices, LID, and
riparian buffers contribute to the restoration or maintenance of predevelopment
hydrology.
I.
Stormwater structures are considered vital infrastructure and can
pose a significant hazard. Outlets and waterways which carry stormwater
shall be maintained free of obstructions to allow for nonrestricted
flow of stormwater to avoid impoundment of water.
J.
Occupancy and modification of floodplains shall be avoided wherever
there is a practicable alternative to reduce long- and short-term
adverse impacts in order to reduce the risk of flood loss, minimize
the impact of floods on human safety, health and welfare, and to restore
and preserve the natural and beneficial values served by floodplains.
K.
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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES). The Township is subject to MS4 requirements
by and through the stormwater and storm sewer facilities owned and
operated by the Township.
L.
The Westmoreland Conservation District (WCD) is a recognized regulatory
agency with authority in the county and the Township to regulate erosion
and sediment controls and stormwater management related to land development
activities. Because WCD's authority crosses municipal boundaries,
they are enabled to oversee environmental issues for the general benefit
of all county residents.
M.
The Westmoreland County Integrated Water Resources Plan (2018) addresses
all water resources and provides a decisionmaking tool for development
and redevelopment with respect to those resources, including stormwater
and its management. Refer to www.paiwrp.com and www.westmorelandstormwater.org.
The purpose of this chapter is to promote health, safety, and
welfare within the Township and its watersheds by minimizing the harms
and maximizing the benefits described in this section of this chapter,
through provisions designed to:
A.
Manage stormwater runoff impacts at their source by regulating activities
that cause the problems, reduce runoff volumes and mimic natural hydrology.
B.
Maintain existing flows and quality of streams and watercourses.
C.
Prevent scour and erosion of stream banks and streambeds.
D.
Utilize and preserve the existing natural drainage systems as much
as possible.
E.
Restore and preserve the natural and beneficial values served by
streamside and water body floodplains.
F.
Focus on infiltration of stormwater, to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality and
to otherwise protect water resources.
G.
Promote stormwater runoff prevention and emphasize infiltration and
evapotranspiration through the protection and conservation of natural
resource systems and the use of nonstructural BMPs and other creative
methods of improving water quality and managing stormwater runoff.
H.
Promote the use of green infrastructure in development and redevelopment
where it can also improve stormwater management within the broader
watershed in which the project is located.
I.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 Section 4a, to protect and maintain
"existing uses" 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.
J.
Provide review procedures and performance standards for stormwater
planning and management.
K.
Provide for proper operations and maintenance of all permanent stormwater
management BMPs that are implemented in the Township.
L.
Provide a mechanism to identify controls necessary to meet the NPDES
and MS4 permit requirements, and to encourage infrastructure improvements
that lead to separation of storm sewer systems from sanitary sewer
systems.
M.
Assist in detecting and eliminating illicit stormwater discharges
originating within the jurisdiction of the Township and flowing into
the Township's separate storm sewer system.
A.
The Township of Penn is empowered to regulate land use activities
that affect stormwater runoff by the authority of the Stormwater Management
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended.
A.
All regulated activities as defined by this chapter are subject to
regulation by this chapter.
B.
This chapter applies to any land development or regulated earth disturbance
activities within the Township, and all stormwater runoff entering
into the Township's separate or combined storm sewer system servicing
the Township from lands within the boundaries of the Township.
C.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This chapter shall operate in coordination with those
parallel requirements; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
Any other ordinance provision(s) or regulation of the Township
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
If any word, phrase, section, sentence, clause or part of this
chapter is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, invalidity or illegality by a court
of competent jurisdiction shall not affect or impair any of the remaining
words, phrases, sections, sentences, clauses or parts of this chapter.
It is hereby declared to be the intent of the Board of Commissioners
of the Township of Penn that this chapter would have been adopted
had such unconstitutional, illegal or invalid word, phrase, section,
sentence, clause or part thereof not been included herein.
A.
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. To the extent that this chapter imposes more rigorous
or stringent requirements for stormwater management, the specific
requirements contained in this chapter shall be followed.
B.
Conflicting provisions in other municipal ordinances or regulations
shall be construed to retain the requirements of this chapter addressing
state water quality requirements.
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.
Shall be consistent with PAG-13 NPDES General Permit for stormwater
discharges from MS4 communities and as listed here.
A.
Prohibited discharges.
(1)
No person in the Township shall introduce, permit or allow, or cause
to introduce, permit or allow, stormwater discharges into the Township
separate storm sewer system which are not composed entirely of stormwater,
except as permitted by this chapter, or:
(2)
Permissible discharges, based on a finding by the Township that the
discharge(s) do not significantly contribute to pollution to surface
waters of the commonwealth, are recommended to be discharged safely
to a vegetated area or infiltration BMP, but can also be discharged
to a storm sewer system, include but are not limited to:
(a)
Discharges from firefighting activities.
(b)
Potable water sources, including dechlorinated waterline and
fire hydrant flushings.
(c)
Noncontaminated irrigation drainage from agricultural practices.
(d)
Routine external building wash down (which does not use detergents
or other compounds).
(e)
Noncontaminated air-conditioning condensate.
(f)
Water from individual residential car, boat or other residential
vehicle washing that does not use detergents or other compounds.
(g)
Springs.
(h)
Noncontaminated water from basement or crawl space sump pumps.
(i)
Noncontaminated water from foundation or from footing drains.
(j)
Flows from riparian habitats and wetlands.
(k)
Lawn watering.
(l)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(m)
Splash pad (recreational spray patio with no standing water)
discharges.
(n)
Noncontaminated groundwater.
(3)
In the event that the Township determines that any of the discharges identified in Subsection A(2) above significantly contributes to pollution of waters of the commonwealth, or is so notified by DEP, the Township will notify the landowner and/or the responsible person to cease the discharge.
(4)
Upon notice provided by the Township under Subsection A(3) above, the discharger will have a reasonable period of time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5)
Nothing in this section shall affect, limit or alleviate a discharger's
responsibilities under state or federal law.
B.
Prohibited connections. The following sources, activities or connections are prohibited, except as provided in Subsection A(1) and (2) above:
(1)
Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge, including, but not limited to,
sewage, process wastewater and wash water, to enter the separate storm
sewer system, and any connections to the storm drain system from indoor
drains and sinks.
(2)
Any drain or conveyance connected from a commercial, industrial or
other nonresidential land use to the separate storm sewer system which
has not been documented in plans, maps, or equivalent records, and
approved by the Township.
(3)
Drains carrying stormwater or groundwater shall not be connected
to or discharge to any public or private sanitary sewer system or
facility.
C.
Prohibited activities.
(1)
A landowner may not alter any BMPs, facilities or structures that
were installed under this chapter without written approval of the
Township.
D.
Roof drains and sump pumps. Roof drains and sump pumps shall discharge
to a designed and approved stormwater conveyance system or infiltration
or vegetative BMPs wherever feasible.
A.
Neither the granting of any approval under the stormwater management
provisions of this chapter, nor the compliance with the provisions
of this chapter, or with any condition imposed by any public body
of the Township or by a Township official, employee or consultant
hereunder, shall relieve any person from any responsibility for damage
to person or property resulting therefrom, or as otherwise imposed
by law, nor impose any liability upon the Township for damages to
persons or property.
B.
The granting of a permit which includes any stormwater management
does not constitute a representation, guarantee or warranty of any
kind by the Township or WCD, or by an official or employee thereof,
of the practicability or safety of any structure, use or other plan
proposed and shall create no liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
