This chapter shall be known and may be cited as the "Jackson
Township Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development 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 carry and control stormwater, undermines
floodplain management and flood control efforts in 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
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 that provides groundwater
recharge for water supplies and supports the base flow of streams.
D. The use of green infrastructure and low-impact development (LID)
is 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.
E. Federal and state regulations require certain municipalities to implement
a program of stormwater controls called a municipal separate storm
sewer system (MS4) program. 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.
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 §
107-2 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 natural drainage systems.
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 water
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 stormwater best management
practices (BMPs) that are implemented within the municipality.
H. Provide standards to meet and enforce NPDES permit requirements.
I. Create a platform with which to advocate and grow the use of low-impact
development procedures and green infrastructure.
The municipality 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, and/or 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.
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.
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.
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.