This ordinance shall be known and may be cited as the "Palmer
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 this and 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. Existing improvements that lack compliant stormwater controls and
are proposed for redevelopment disproportionately increase the cost
of comprehensive stormwater management for the municipality.
D. Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
E. 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,
unless otherwise required, 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.
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. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
H. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.
The purpose of this ordinance is to promote health, safety, and welfare within the municipality and its watersheds by minimizing the harms and maximizing the benefits described in §
158-102 of this ordinance, through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations in 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 (O&M) of all stormwater
best management practices (BMPs) that are implemented within the municipality.
H. Provide standards to meet NPDES permit requirements.
I. Provide standards to meet the stormwater management plans for the
Bushkill Creek and Fry's Run watersheds as prepared by the Lehigh
Valley Planning Commission of Lehigh and Northampton Counties as adopted
by the County of Northampton.
J. Preserve and restore the flood-carrying capacity of streams.
K. Maintain the existing flows and quality of streams and watercourses
in the municipality.
L. Encourage infiltration of stormwater, where appropriate, to maintain
groundwater recharge, to prevent degradation of surface water and
groundwater quality and to otherwise protect water resources.
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, 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/or the Act of June 24, 1931, P.L. 1206, as amended,
the Second Class Township Code.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this ordinance.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this ordinance 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 ordinance invalid, such decision
shall not affect the validity of any of the remaining provisions of
this ordinance.
Approvals issued and actions taken under this ordinance do not
relieve the applicant of the responsibility to comply with or to secure
required permits or approvals for activities regulated by any other
applicable code, laws, rules, statutes, or ordinance. To the extent
that this chapter imposes more rigorous or stringent requirements
for stormwater management, the specific requirements contained in
this chapter shall be followed.
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.