[Ord. No. 3-2023, 7/18/2023]
1.
The Board of Supervisors of the Township finds that:
A.
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing 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, and threatens public health and safety, and increases nonpoint source pollution of water resources.
B.
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
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 pre-development 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.
[Ord. No. 3-2023, 7/18/2023]
1.
The purpose of this chapter is to promote the public health, safety, and welfare within the Township and its watershed, including the areas within the Brodhead-McMichaels Creek and Cherry Creek Watersheds, by minimizing the harms and maximizing the benefits described in § 23-102 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 pre-development hydrology.
D.
Provide procedures and performance standards for stormwater planning and management.
E.
Maintain groundwater recharge to prevent degradation of surface 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 BMPs that are implemented within the Township.
H.
Provide standards to meet NPDES permit requirements.
[Ord. No. 3-2023, 7/18/2023]
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,[1] and/or 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.
[Ord. No. 3-2023, 7/18/2023]
1.
All regulated activities and all activities that may affect stormwater runoff in all areas of the Township, including land development and earth disturbance activity, are subject to regulation by this chapter.
2.
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing and design, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable Township ordinances and applicable state regulations.
3.
The provisions, regulations, limitations, and restrictions of this chapter governing maintenance of stormwater management facilities shall apply to all stormwater management facilities existing on the date of this chapter or installed after the date of this chapter and shall apply to all persons responsible for maintenance of such stormwater management facilities and all persons who own or occupy the land upon which such stormwater management facilities are located.
4.
It shall be the responsibility of the developer and, if different, the landowner, to ensure that all contractors, agents, or other persons comply with all requirements of this chapter and with any approved SWM site plan.
[Ord. No. 3-2023, 7/18/2023]
Any other ordinance provision(s) or regulation of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
[Ord. No. 3-2023, 7/18/2023]
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.
[Ord. No. 3-2023, 7/18/2023]
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 applicable code, law, regulation, or ordinance.
[Ord. No. 3-2023, 7/18/2023]
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 Township purporting to validate such a violation.
[Ord. No. 3-2023, 7/18/2023]
1.
If the Board of Supervisors determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Board of Supervisors may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to Subsection 2 of this section.
2.
Waivers or modifications of the requirements of this chapter may be approved by the Board of Supervisors if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modification will not be contrary to the public interest and that the purpose of this chapter is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of this chapter. A request for modification shall be in writing and accompany the SWM site plan submission. The request shall provide the facts on which the request is based, the provision(s) of this chapter involved and the proposed modification.