This chapter shall be known and may be cited as the "Neshaminy
Creek Watershed Stormwater Management Ordinance" (aka "Neshaminy/Little
Neshaminy Stormwater Management Ordinance").
The governing body of the municipality finds that:
A. Inadequate
management of accelerated stormwater runoff resulting from development
and redevelopment 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 convey and manage stormwater, undermines
floodplain management and flood-reduction efforts in upstream and
downstream communities, reduces groundwater recharge, 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 streambanks,
thereby elevating sedimentation), destroying aquatic habitat, and
elevating aquatic pollutant concentrations and loadings such as sediments,
nutrients, heavy metals, and pathogens.
C. A comprehensive
program of stormwater management (SWM), including reasonable regulation
of development and activities causing accelerated runoff, 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, which also
protects and maintains surface water quality.
E. Public
education on the control of pollution from stormwater is an essential
component in successfully addressing stormwater.
F. 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) program.
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.
The purpose of this chapter is to promote the public health, safety, and welfare within the municipality and the Neshaminy Creek Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
174-2 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. Minimize
increases in stormwater volume and control peak flows.
C. Minimize
impervious surfaces.
D. Provide
review procedures and performance standards for stormwater planning
and management.
E. Preserve
the natural drainage systems as much as possible.
F. Manage
stormwater impacts close to the runoff source, requiring a minimum
of structures and relying on natural processes.
G. Focus on
infiltration of stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
H. Preserve
and restore the flood-carrying capacity of streams.
I. Prevent
scour and erosion of streambanks and stream beds.
J. Provide
standards to meet National Pollution Discharge Elimination System
(NPDES) permit requirements.
K. Address
certain requirements of the Municipal Separate Stormwater Sewer System
(MS4) NPDES Phase II Stormwater Regulations.
L. Address
the requirements of the Neshaminy Creek Watershed Act 167 Stormwater
Management Plan.
M. Provide
for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The Township 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. Section
680.1, et seq., as amended, the Stormwater Management Act.
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.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued and actions taken pursuant to this chapter
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.
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.