[Ord. 03.01.2011.2, 3/1/2011, § 101]
This chapter shall be known and may be cited as the "Hepburn Township Stormwater Management Ordinance."
[Ord. 03.01.2011.2, 3/1/2011, § 102]
1. 
The governing body of the municipality 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 flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point 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. Less runoff provides for increased groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
D. 
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).
[Ord. 03.01.2011.2, 3/1/2011, § 103]
1. 
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 23-102 of this chapter, through provisions designed to:
A. 
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.
B. 
Authorize a comprehensive program of stormwater management designated to preserve and restore the flood carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross-section of water of the commonwealth; and to protect and conserve ground waters and ground-water recharge areas.
C. 
Manage stormwater runoff close to the source.
D. 
Provide procedures and performance standards for stormwater planning and management.
E. 
Maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
F. 
Prevent scour and erosion of stream banks and streambeds.
G. 
Provide proper operations and maintenance of all permanent stormwater management (SWM) best management practices (BMPs) that are implemented within the municipality.
H. 
Provide standards to meet NPDES permit requirements.
I. 
Encourage the provision or upgrade of stormwater BMPs for existing development.
J. 
Facilitate the development of Chesapeake Bay nutrient credits for retrofit stormwater facilities or regulated activities that exceed the minimum nutrient reduction standards.
[Ord. 03.01.2011.2, 3/1/2011, § 104]
1. 
Primary Authority. The municipality is empowered to regulate these activities 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 the (appropriate municipal code).
2. 
Secondary Authority. The municipality 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.
[Ord. 03.01.2011.2, 3/1/2011, § 105]
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance, are subject to regulation by this chapter.
[Ord. No. 09.13.2022.01, 9/13/2022[1]]
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.
[1]
Editor's Note: This ordinance renumbered former §§ 23-106 and 23-107 as §§ 23-108 and 23-109, respectively.
[Ord. No. 09.13.2022.01, 9/13/2022]
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.
[Ord. 03.01.2011.2, 3/1/2011, § 108]
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.
[Ord. 03.01.2011.2, 3/1/2011, § 109]
1. 
After adoption and approval of a watershed stormwater plan in accordance with this Act, the location, design and construction within the watershed of stormwater management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the commonwealth shall be conducted in a manner consistent with the watershed stormwater plan.
2. 
Within six months following adoption and approval of the watershed stormwater plan, each municipality shall adopt or amend, and shall implement such ordinances and regulations, including zoning, subdivision and development, building code, and erosion and sedimentation ordinances, as are necessary to regulate development within the municipality in a manner consistent with the applicable watershed stormwater plan and the provisions of this Act.
[Ord. No. 09.13.2022.01, 9/13/2022]
1. 
If the Township determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 23-110, Subsections 2 and 3.
2. 
Waivers or modifications of the requirements of this chapter may be approved by the Township 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 this chapter 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 this chapter. 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 this chapter involved and the proposed modification.
3. 
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 unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.