The governing body of the Township of Upper Makefield finds
that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases runoff volume, flood
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, and 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 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. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
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.
E. Through project design, impacts from stormwater runoff can be minimized
to maintain the natural hydrologic regime, and sustain high water
quality, groundwater recharge, stream baseflow, and aquatic ecosystems.
The most cost-effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
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.
H. Federal and state regulations require this municipality to obtain
a permit for discharges from its MS4 under the NPDES program; and
to implement a program of stormwater controls.
I. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this chapter is to promote health, safety, and welfare within the Delaware River South watershed by minimizing the harms and maximizing the benefits described in §
28B-101A 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. Promote alternative project designs and layouts that minimize impacts
to surface and groundwater.
C. Promote nonstructural best management practices.
D. Minimize increases in stormwater volume.
E. Minimize impervious surfaces.
F. Manage stormwater runoff close to the source, reduce runoff volumes,
mimic predeveloped hydrology and manage accelerated runoff and erosion
and sedimentation problems at their source by regulating activities
that cause these problems.
G. Utilize and preserve the existing natural drainage systems.
H. Maintain recharge of groundwater to prevent degradation of groundwater
quality and to otherwise protect water resources.
I. Address the quality and quantity of stormwater discharges from the
development site.
J. Maintain existing flows and quality of streams and watercourses in
the municipality and the commonwealth.
K. Preserve natural drainage systems and restore the flood-carrying
capacity of streams.
L. Provide proper maintenance of all permanent stormwater management
facilities that are constructed in the municipality.
M. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
N. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
O. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
P. Meet legal state water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect and maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
Q. Provide a mechanism to identify stormwater controls necessary to
meet NPDES permit requirements.
R. Prevent scour and erosion of stream banks and streambeds, and reduce
accelerated erosion, scour, aggradation, and degradation.
S. Implement an illegal discharge detection and elimination program
that addresses nonstormwater discharges into the municipality's
separate storm sewer system.
T. Prevent scour and erosion of stream banks and streambeds.
The municipality is empowered to regulate land use activities
that affect runoff 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 by the authority of Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170
of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992,
53 P.S. § 10101 et seq.
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.