[Ord. No. 1102, 9/3/2024[1]]
1. 
The governing body of the Township finds that:
A. 
Inadequate maintenance of stormwater best management practices (BMPs) cause loss of water quality, flooding, and other problems.
B. 
Federal and state regulations require this Township to obtain a permit for discharges from its MS4 and to implement a program of stormwater controls.
C. 
A comprehensive program of regulation of connections and discharges to Township stormwater management facilities is fundamental to the public health, safety, welfare, and the protection of the people of the Township and all the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important resource.
[1]
Editor's Note: This ordinance repealed former Ch. 26, Stormwater Management, adopted by Ord. No. 1018, 6/6/2016.
[Ord. No. 1102, 9/3/2024]
1. 
The purpose of this chapter is to promote health, safety, and welfare within the Township through provisions designed to:
A. 
Manage accelerated runoff, erosion, aggradation, and degradation.
B. 
Meet NPDES MS4 permit requirements.
C. 
Meet state water quality requirements.
D. 
Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Township.
G. 
Provide procedures and standards for stormwater management and planning.
H. 
Protect groundwater and surface water quality.
[Ord. No. 1102, 9/3/2024]
The Township is empowered to regulate land use activities that affect runoff by the authority by 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 the Municipalities Planning Code (Act of 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
[Ord. No. 1102, 9/3/2024]
1. 
This chapter shall apply to all land and waters of this commonwealth within the Township.
2. 
This chapter shall only apply to permanent stormwater management facilities and BMPs constructed as part of any of the regulated activities listed in this section and to the ownership and maintenance of said facilities and BMPs. Stormwater management and erosion and sediment pollution control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
3. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
A. 
Land development;
B. 
Subdivision;
C. 
Construction of new or additional impervious or semi-pervious surfaces (roadways, 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 management facilities or appurtenances thereto;
G. 
Land disturbance.
[Ord. No. 1102, 9/3/2024]
Any ordinance or ordinance provision of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
[Ord. No. 1102, 9/3/2024]
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.
[Ord. No. 1102, 9/3/2024]
Approvals issued pursuant to this chapter 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 codes, rules, statutes, or ordinances.
[Ord. No. 1102, 9/3/2024]
The granting of any exemption, permit, or approval by the Township does not relieve the applicant from assuring that stormwater runoff from the development site will not cause injury or damage to other persons or property.
[Ord. No. 1102, 9/3/2024]
Specific methods and publications indicated in this chapter shall, in all cases, refer to the latest available edition and include revisions or amendments thereto.
[Ord. No. 1102, 9/3/2024]
1. 
Activities identified below are exempt from the requirement to submit a stormwater management site plan to the Township for review, but remain subject to the design standards and criteria of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. This exemption shall not relieve the applicant from meeting the special requirements for water quality and groundwater recharge for high quality (HQ) and exceptional value (EV) watersheds (DEP Chapter 93 and anti-degradation requirement), as specified in this chapter and § 26-304, Subsection 3E and F, of this chapter relative to recharge and water quality volume requirements.
A. 
All development activities having impervious surface or land disturbance of less than 10% of the total site area up to a maximum area of 5,000 square feet. For developments that are to be constructed in phases, the sum of all final phases must be considered in establishing exemption eligibility.
B. 
Land disturbance associated with the construction or alteration of one- and two-family dwellings, provided that the disturbance does not alter any stormwater condition beyond the boundaries of the lot or alter provisions of a previously approved stormwater management plan for the lot or encompassing subdivision. Multiple (greater than two) lot subdivisions cannot be exempted.
C. 
Any site less than one acre in size that decreases the total site impervious area following development without altering drainage divides, and:
(1) 
Is not located within a recognized sensitive area (as defined in Part 2, Definitions, of this chapter);
(2) 
Is not defined as a water quality sensitive (WQS) development (as defined in Part 2, Definitions, and Appendix B, Water Quality Sensitive Area map[1]); or
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
Is not located in an area where existing downstream stormwater problems are known to occur as determined by the Township Stormwater Engineer.
D. 
In addition, the Township Stormwater Engineer may waive the requirement to submit a stormwater management site plan for sites larger than 1.0 acre for which the overall site impervious area is being decreased, and which meets the other conditions identified above.
E. 
Agriculture and silviculture activities as defined in this chapter that are conducted according to requirements of 25 Pa. Code Chapter 102.
2. 
The diversion or piping of any natural or man-made drainageway and/or for the installation of stormwater management facilities or modifications thereto cannot be exempted. These activities always require the submission of a stormwater management site plan. The exceptions in Subsection 1A and B cannot be combined for use with small residential subdivisions.
3. 
In addition to the general exemptions identified above, exemptions for specific technical criteria are identified where applicable in Part 3.
4. 
The Township may deny or revoke any exemption pursuant to this section at any time for any project that the Township believes may pose a threat to public health and safety or the environment.
[Ord. No. 1102, 9/3/2024]
The degree of stormwater management sought by the provisions of this chapter is considered mandated for regulatory purposes. This chapter shall not create liability on the part of the Township, any appointed or elected official of the Township, the Centre County Conservation District, or any officer, engineer or employee thereof for any erosion, sedimentation or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. No. 1102, 9/3/2024]
Any approval 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.