This chapter shall be known and may be cited as the "Richland Township Stormwater Management Ordinance."
The Board of Supervisors of Richland Township 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, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
D. 
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 pre-development hydrology.
E. 
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).
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 § 210-2 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. 
Preserve the natural drainage systems as much as possible.
C. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
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 operation 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.
A. 
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. Section 680.1, et seq., as amended, the "Storm Water Management Act" and the Second Class Township Code, 53 P.S. § 66501 et seq. and § 66601 et seq. as amended.
B. 
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.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter. This chapter shall apply to all areas of Richland Township. The following activities are defined as "regulated activities" and shall be regulated by this chapter:
A. 
Land development.
B. 
Subdivisions.
C. 
Alteration of the natural hydrologic regime.
D. 
Construction or reconstruction of, or additional impervious or semipervious surfaces (driveways, parking lots, roads, etc.).
E. 
Construction of new buildings or additions to existing buildings.
F. 
Redevelopment of a site which will increase runoff must still comply with § 210-14 (Volume Controls) and § 210-15 (Rate Controls).
G. 
Diversion piping or encroachments in any natural or man-made channel.
H. 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
I. 
Any of the above regulated activities which were approved more than five years prior to the effective date of this chapter and resubmitted for municipal approval.
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 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. Nothing in this chapter shall be construed to affect any of Richland Township's requirements regarding stormwater matters which do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g. inlet spacing, inlet type, collection system design and details, outlet structure design, etc.).
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, subject to Subsections B and C.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the municipality 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 municipality unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.