This Part 3 shall be known and may be cited as the "Jordan Creek,
Little Lehigh Creek, Maiden Creek and Sacony Creek Watersheds Act
167 Stormwater Management Water Quality Ordinance."
The Board of Supervisors of the Township of Weisenberg, County
of Lehigh, Commonwealth of Pennsylvania, finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, changes the
natural hydrologic patterns, destroys aquatic habitat, elevates aquatic
pollutant concentrations and loadings, 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, and 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
erosion and loss of natural infiltration, is fundamental to the public
health, safety and welfare and the protection of the people of the
municipality and all of the people of the commonwealth, their resources
and the environment.
C. Stormwater can be an important resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
E. Federal and state regulations require certain municipalities, including
the Township of Weisenberg, 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).
F. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
G. Incorporate methods described in the Pennsylvania Stormwater Best
Management Practices Manual [BMP Manual No. 363-0300-002 (December
2006), as amended and updated]. If methods other than green infrastructure
and LID methods are proposed to achieve the volume and rate controls
required under this Part 3, the SWM site plan must include a detailed
justification demonstrating that the use of LID and green infrastructure
is not practicable.
The purpose of this Part
3 is to promote the public health, safety and welfare within the Jordan Creek, Little Lehigh Creek, Maiden Creek and Sacony Creek Watersheds by minimizing the damages and maximizing the benefits described in §
405-35 of this Part
3 by provisions designed to:
A. Manage stormwater runoff impacts at their source by regulating activities
which cause such problems.
B. Utilize and preserve the desirable existing natural drainage systems.
C. Encourage infiltration of stormwater, where appropriate, to maintain
groundwater recharge, to prevent degradation of surface and groundwater
quality and to otherwise protect water resources.
D. Maintain the existing flows and quality of streams and watercourses
in the municipality and the commonwealth.
E. Preserve and restore the flood-carrying capacity of streams.
F. Provide for proper maintenance of all permanent stormwater management
best management practices (BMPs) that are implemented in the municipality.
G. Provide review procedures and performance standards for stormwater
planning, design and management.
H. Manage stormwater impacts close to the runoff source which requires
a minimum of structures and relies on natural processes.
I. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4a, 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. Prevent scour and erosion of streambanks and streambeds.
K. Provide standards to meet the NPDES permit requirements.
The Township of Weisenberg is empowered to regulate these activities
by the authority of the Pennsylvania Storm Water Management Act, Act
of October 4, 1978, P.L. 864 (Act 167), as amended, 32 P.S. § 680.1
et seq., and the Second Class Township Code, Act of May 1, 1933, P.L.
103, No. 69, as amended.
The Chapter
405, Stormwater Management, Part
2, Stormwater Controls, of the Weisenberg Township Code, is not repealed by this Part
3. This Part
3, and Part
2, Stormwater Controls, of this chapter, are intended to be and shall be read in pari materia and construed together, if possible, as one ordinance so that effect may be given to both. If there exists an irreconcilable conflict between a provision of this Part
3 and Part
2, Stormwater Controls, of this chapter, effect shall be given to that provision which imposes the greater stormwater management and control and protection of water quality, as determined by the Township Engineer.
Approvals issued pursuant to this Part 3 do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act or
ordinance.
Notwithstanding any provisions of this Part 3, including exemption
and waiver provisions, any landowner and any person engaged in the
alteration or development of land which may affect stormwater runoff
characteristics shall implement such measures as are reasonably necessary
to prevent injury to health, safety or other property. Such measures
shall include such actions as are required to manage the rate, volume,
direction and quality of resulting stormwater runoff in a manner which
otherwise adequately protects health and property from possible injury.
Any other ordinance provision(s) or regulation of the Township
inconsistent with any of the provisions of this Part 3 is hereby repealed
to the extent of the inconsistency only.
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.