This chapter shall be known and may be cited as the "Whitehall
Township Stormwater Management Ordinance," which satisfies regulatory
requirements of the NPDES MS4 program as well as Act 167 requirements
for the "Whitehall Township Watersheds." For purposes of this chapter,
Whitehall Township Watersheds shall include the following:
A. Catasauqua Creek Watershed and Lehigh River Subbasin 4;
B. Coplay Creek Watershed and Lehigh River Subbasin 2;
D. Bushkill Creek, Catasauqua Creek, Coplay Creek, Fry's Run, Hokendauqua
Creek, Jordan Creek, Martins/Jacoby Creeks, Monocacy Creek, Nancy
Run, Saucon Creek, Trout/Bertsch Creeks; and any future watershed
adopted by the Township.
The Whitehall Township Board of Commissioners 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)
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.
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) program.
F. 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 Whitehall Township and the Whitehall Township Watersheds by minimizing the harms and maximizing the benefits described in §
26-2 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 NPDES permit requirements.
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 Stormwater
Management Act, and the Township 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, including those
areas of the municipality which are located within the Whitehall Township
Watersheds, as delineated on an official map available for inspection
at the municipal office. A map of each Whitehall Township Watershed
at a reduced scale is included in Appendix A for general reference. Where necessary, NPDES Phase II regulations ensure that
all of the ordinance provisions required to meet the MS4 NPDES requirements
apply across the entire municipality. The following activities are
defined as regulated activities and shall be governed by this chapter:
C. Construction of new or additional impervious surfaces (driveways,
parking lots, etc.).
D. Construction of new buildings or additions to existing buildings.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater systems or appurtenances thereto.
G. Regulated earth disturbance activities.
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.
Notwithstanding any provisions of this chapter, 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 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.