The governing body of the municipality 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.
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 municipality and all the people of the Commonwealth, their resources, and the environment.
C. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface and groundwater quality.
D. 
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., buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
The purpose of this chapter is to promote the public health, safety, and welfare within all watersheds within Chestnuthill Township maintaining the natural hydrologic regime by minimizing the impacts described in § 92-1 of this chapter through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface and groundwater.
B. 
Promote nonstructural BMPs.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems during construction.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing baseflow and quality of streams and watercourses in the municipality and the Commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
L. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
The municipality is empowered to regulate land use activities that affect runoff, surface and groundwater quality and quantity by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Stormwater Management Act" (hereinafter referred to as "the Act"), and the Water Resources Management Act of 2002, as amended, Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended, Second Class Township Code, 53 P.S. § 66501 et seq., § 66601 et seq. and the Borough Code, 53 P.S. § 46201 et seq.
A. 
This chapter shall apply to all of Chestnuthill Township. Those areas of the municipality that are located within the Brodhead/McMichaels Creek Watershed are delineated in Appendix D which is hereby adopted as part of this chapter.[1] Areas located outside of the Brodhead/McMichaels Creek Watershed are subject to the same requirements as if they were located in Stormwater Management District A.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
B. 
This chapter shall only apply to permanent nonstructural and structural stormwater management best management practices (BMPs) constructed as part of any of the regulated activities listed in this section.
C. 
The construction detail and design criteria for stormwater management and conveyance facilities (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall also be regulated by the Chestnuthill Township Subdivision and Land Development Ordinance, § 98-61, and applicable state regulations.
D. 
The municipality may, after consultation with DEP, approve alternative methods for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law, including but not limited to the Clean Streams Law[2] and the Pennsylvania Stormwater BMP Manual, as revised.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction of/or additional impervious or semipervious surfaces (driveways, parking lots, roads).
(5) 
Construction of new buildings or additions to existing buildings.
(6) 
Redevelopment of a site which will increase runoff or change a discharge point. Any redevelopment that does not increase the runoff must still comply with § 92-10, Water quality and streambank erosion, and § 92-11, Groundwater recharge.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
(9) 
Stream enhancement or restoration projects.
F. 
The following land use activities are exempt from the drainage plan submission requirements of this chapter: [NOTE: See § 92-18 for additional information on exemptions.]
(1) 
Use of land for gardening for home consumption.
(2) 
Agriculture when operated in accordance with a Conservation Plan or Erosion and Sediment Control Plan (E & S) found adequate by the Conservation District.
(3) 
Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation (E & S) Control Guidelines for Forestry" and are operating under an approved E & S Plan and must comply with stream buffer requirements in § 92-10 and floodplain management requirements.
(4) 
Impervious surface. Any regulated activity that has less than 5,000 square foot of impervious surface and/or meets the following exemption criteria is exempt from the plan submittal provisions of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the original Brodhead or McMichaels municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance.