This chapter shall be known, and may be cited, as the "Scott Township Stormwater Management Ordinance."
The Second Class Township Code, as amended, empowers Townships of the Second Class to enact stormwater management ordinances; and to regulate activities that affect public health, safety, and welfare. In addition, and where applicable, Act 167 of October 4, 1978, "The Stormwater Management Act," authorizes the regulation of land and water use for flood control and stormwater management purposes, imposing duties and conferring powers on PA DEP, municipalities, and counties.
The Scott Township Board of Supervisors (hereinafter referred to as the "Municipality") finds that:
A. 
A program of reasonable regulation of connections and discharges to stormwater management facilities will be beneficial.
B. 
Inadequate management of stormwater runoff 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 manage stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point source pollution of water resources.
C. 
A comprehensive program of stormwater management, including reasonable regulation of development and other activities that increase runoff, is fundamental to the public health, safety, and welfare and the protection of people of this 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. 
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 infiltrate and recharge, evapotranspire, and/or harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of pre-development hydrology.
F. 
Federal and state regulations require certain municipalities to implement a program of stormwater controls, and 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.
This chapter is enacted for the following purposes:
A. 
To manage stormwater runoff problems at their source by regulating activities that cause such problems, to utilize and preserve desirable existing natural drainage systems, to encourage recharge of groundwater, to prevent the deterioration of groundwater quality, to maintain the existing flows and quality of streams and watercourses in the Municipality, to preserve and restore the flood-carrying capacity of streams, to reduce stormwater runoff volumes, to reduce accelerated erosion, to reduce scour, to reduce aggradation and degradation, and to provide procedures and standards for proper operation and maintenance of stormwater Best Management Practices (BMPs).
B. 
To provide minimum standards for the design, installation, and maintenance of all stormwater management facilities in the Municipality.
C. 
To assure, at a minimum, that peak rates of runoff (peak discharges) are no greater after development than prior to development within the Municipality.
D. 
To minimize danger to public health and safety, and damages to property by providing for proper management of stormwater runoff.
E. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this Commonwealth.
F. 
Provide standards to meet applicable NPDES permit requirements.
This chapter shall apply to:
A. 
All activities involving the alteration or development of land that may impact stormwater runoff characteristics.
B. 
All activities related to the proper operation and maintenance of stormwater management facilities and stormwater BMPs; and permanent erosion and sediment pollution control facilities.
C. 
All activities that may contribute nonstormwater discharges to receiving streams.
D. 
The installation of stormwater management facilities and/or appurtenances thereto.
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.
Permits and approvals issued pursuant to this chapter do not relieve the applicant/developer of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements pertaining to the regulation of stormwater are contained in any other act, code, ordinance, or rule, the more stringent requirements shall apply.
Any approval/permit or authorization issued or approved based on false, misleading, or erroneous information provided by an applicant/developer 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.
Specific methods and publications indicated in this chapter shall, in all cases, refer to the latest available edition and include revisions or amendments thereto.
The degree of stormwater management sought by this chapter is considered reasonable for regulatory purposes. This chapter shall not create any liability on the part of the Municipality; any appointed or elected official of the Municipality; or any officer, engineer, or employee thereof for any damage(s) that may result from the application and/or enforcement of this chapter.
Fees payable to the Municipality by an applicant/developer shall be established from time to time by Resolution of the Municipality for the following:
A. 
Administrative/clerical processing.
B. 
Escrow deposit(s) for the following:
(1) 
Review and processing of stormwater management plans (including any supplemental information), and any related documents.
(2) 
Review by the municipal engineer of stormwater management plans (including any supplemental information), and any related documents.
(3) 
Review by the municipal engineer of any and all information concerning the construction of stormwater management facilities.
(4) 
Any and all consultation with the municipal engineer during construction of stormwater management facilities.
(5) 
Inspections by the municipal engineer.
Escrow accounts, when required, shall be fully replenished whenever the remaining escrow account balance falls below 25% of the beginning escrow account balance, unless otherwise directed by the Municipality. Only after the prerequisites for the release of financial security in Article II, § 118-25B have been met will any remaining balance in an escrow account be fully refunded to the applicant/developer.
The party responsible (the responsible party) for the operation and maintenance of stormwater management facilities, and permanent erosion and sediment pollution control facilities shall perform the following:
A. 
Complete a visual inspection of all stormwater management facilities, and permanent erosion and sediment pollution control facilities at least once every three months, and immediately after storm events. Such a visual inspection shall at least involve an examination of all stormwater management facilities, and permanent erosion and sediment pollution control facilities for debris deposition (such debris may include, but shall not be limited to aggregate material, leaves, grass clippings, and soil material), settlement, sinkholes, seeps, structural cracking, animal burrows, excessive vegetation, foundation movement, erosion, depressions, water retention times that exceed 72 hours and inadequate hydraulic capacity.
B. 
Remove any accumulation of debris from all stormwater management facilities, and permanent erosion and sediment pollution control facilities; maintain vegetation within any aboveground stormwater management facilities to a height that does not exceed three inches; humanely remove any burrowing animal(s), and backfill animal burrows with soil, and re-vegetate repaired areas in accordance with the specifications contained in the applicable erosion and sediment pollution control plan; and immediately repair any erosion damage by placing topsoil on all areas that experience minor erosion, and seeding and mulching such areas immediately in accordance with the specifications contained in the applicable erosion and sediment pollution control plan.
C. 
Remove plastic trash bags and other similar "litter" from the outlets of stormwater management facilities during periods between storm events.
D. 
Engage a qualified professional engineer and/or a qualified professional geologist to prepare a corrective action plan for stormwater quality/infiltration facilities that do not drain within 72 hours. Said corrective action plan shall be submitted to the municipal engineer for review and approval prior to initiating any corrective, repair, and/or reconstruction activities.
E. 
Engage a qualified professional engineer to prepare a corrective action plan for stormwater collection and/or conveyance facilities that are designed and/or required to collect and convey stormwater runoff from a 100-year design storm event and that fail in any way to do so. Said corrective action plan shall be submitted to the municipal engineer for review and approval prior to initiating any corrective, repair, and/or reconstruction activities.
F. 
At least once per year, engage a qualified professional engineer and/or a qualified professional geologist to thoroughly inspect and evaluate the operational conditions of all stormwater management facilities, and permanent erosion and sediment pollution control facilities; and provide a written report regarding the operational conditions of same to the Municipality.
G. 
Maintain a written record of all inspections, repairs, and maintenance activities associated with all stormwater management facilities, and permanent erosion and sediment pollution control facilities.
H. 
Immediately notify the Municipality and the Columbia County Conservation District prior to initiating any "major" repair activities (such as repairs that may be required as a result of settlement, sinkholes, seeps, structural cracking, foundation movement, water retention times that exceed 72 hours, and/or inadequate hydraulic capacity within any stormwater management collection and/or conveyance facility). All "major" repairs shall be conducted under the direction and supervision of a qualified professional engineer and/or a qualified professional geologist.