This chapter shall be known and may be cited as the "Lower Makefield Township Stormwater Management Ordinance."
The governing body of the Township finds that:
A.
Inadequate planning and management of accelerated runoff of stormwater resulting from impervious surfaces, development, and redevelopment throughout a watershed increases runoff volumes, flows, and velocities; contributes to erosion and sedimentation; overtaxes the carrying capacity of streams and storm sewers; changes the natural hydrologic patterns of surface waters which increases scour and erosion of streambeds and streambanks; destroys aquatic habitat; elevates aquatic pollutant concentration and loadings such as sediments, nutrients, heavy metals, and pathogens; 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; threatens public health and safety; and increases nonpoint source pollution of water resources.
B.
Existing improvements that lack compliant stormwater controls and are proposed for re-development disproportionately increase the cost of comprehensive stormwater management for the Township.
C.
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow, and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
D.
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 the people of the Township and all the people of the Commonwealth, their resources, and the environment.
E.
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams, which also protects and maintains surface water quality.
F.
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
G.
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.
H.
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.
The purpose of this chapter is to promote health, safety, and welfare within the Township and its watersheds by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 173-2 of this chapter, through provisions designed to:
A.
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, state permit requirements, as applicable, and the Act of October 4, 1978 (P.L. 864, No. 167), as amended, known as the Storm Water Management Act or Act 167,[1] to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this Commonwealth.
B.
Minimize increases in stormwater volume and control peak flows.
C.
Minimize impervious surfaces.
D.
Address the quality of stormwater discharges from the development site.
E.
Preserve natural drainage systems.
F.
Manage stormwater runoff close to the source, reduce runoff volumes, and mimic predevelopment hydrology by requiring a minimum of structures and relying on natural processes.
G.
Provide procedures and performance standards for stormwater planning and management.
H.
Focus on infiltration of stormwater to maintain groundwater recharge to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
I.
Promote nonstructural best management practices.
J.
Promote alternative project designs and layouts that minimize impacts to surface and ground water.
K.
Prevent scour and erosion of stream banks and streambeds.
L.
Preserve and restore the flood-carrying capacity of streams.
M.
Maintain existing flows and quality of streams and watercourses in the Township.
N.
Provide proper operation and maintenance (O&M) of all SWM Facilities and best management practices (BMPs) that are implemented within the Township.
O.
Provide performance standards and design criteria for Township-wide stormwater management and planning.
P.
Provide standards to meet NPDES permit requirements.
Q.
Provide standards to meet certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Stormwater Regulations.
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, updated, and/or replaced;[1] Act of May 1, 1933, P.L. 103, No. 69, the Second Class Township Code, as amended, updated, and/or replaced;[2] and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., the Storm Water Management Act, as amended, updated, and/or replaced.
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. Regulated activities include, but are not limited to:
A.
Earth disturbance.
B.
Land development.
C.
Subdivisions.
D.
Prohibited or polluted discharges.
E.
Alteration of the natural hydrologic regime.
F.
Construction or reconstruction of, or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.)
G.
Construction of new buildings or additions to existing buildings.
H.
Redevelopment.
I.
Construction or alteration of diversion piping or encroachments in any natural or man-made channel.
J.
Construction or alteration of nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
Any other ordinance provision(s) or regulation of the Township inconsistent at the time of adoption 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, rule, act, law, regulation or ordinance.
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.
B.
Waivers or modifications of the requirements of this chapter may be approved by the Township if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the 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 the chapter. A request for modifications shall be in writing. The written request shall provide the facts on which the request is based, the provision(s) of the chapter involved, and the proposed modification. Any Stormwater Management (SWM) Site Plan, Report, or other related changes not matching the written request are considered void.
C.
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.