This chapter shall be known and may be cited as the "Foster
Township Stormwater Management Ordinance No. 4."
The Supervisors of Foster Township find that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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 control stormwater, undermines floodplain
management and flood control efforts in downstream communities, reduces
groundwater recharge, 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 runoff,
is fundamental to the public health, safety, and welfare and the protection
of people of the commonwealth, their resources, and the environment.
C.
Stormwater is an important water resource which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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).
The purpose of this chapter is to promote health, safety, and welfare within Foster Township and its watershed by minimizing the harms and maximizing the benefits described in § 192-2 of this chapter, through provisions designed to:
A.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
B.
Preserve the natural drainage systems as much as possible.
C.
Manage stormwater runoff close to the source.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface water
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 permanent SWM BMPs
that are implemented within Foster Township.
H.
Provide standards to meet NPDES permit requirements.
I.
Prevent flooding and erosion on properties adjacent to earth disturbance
activities.
A.
Primary authority. Foster Township is empowered to regulate these
activities 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 "Storm
Water Management Act," and Act of May 1, 1933 (P.L. 103, No. 69) reenacted
and amended November 9, 1995 (P.L. 350, No. 60, as amended), the "Pennsylvania
Second Class Township Code."[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
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 the clearing and grubbing of wooded areas,
grading and excavating, placement of pavement (driveways, parking
areas, roads), construction of buildings, construction of new stormwater
management facilities, diversion or piping of any natural or man-made
stream channel, the construction of other structures (homes, sheds,
garages, commercial and industrial buildings), and other activities
which alter the way stormwater runs off of the landscape. Depending
on the amount of impervious area placed and the amount of earth disturbance
to the project site, this chapter requires different levels of stormwater
management and correspondingly different levels of design and review.
B.
Pennsylvania Department of Transportation (PennDOT) roadway projects
will perform stormwater management consistent with Publication 13M
(Design Manual-2) Chapter 13.6, Antidegradation and Post Construction
Stormwater Management Policy.
C.
Proposed single-family residential and multifamily residential dwelling
units that are associated with a subdivision and/or land development
that has obtained a stormwater management plan approval from Foster
Township and/or an NPDES permit approval from the PADEP prior to or
after the adoption of this chapter shall still be considered a regulated
activity of this chapter. The majority of proposed residential dwelling
units require the approval of a Level 2 application prior to construction.
If the land development or NPDES permit approval requires specific
individual lot stormwater management controls, the applicant shall
construct the individual lot stormwater management controls required
by the original approval and may not be required to meet the DIA requirements
of this chapter. The purpose of the Level 2 application for these
undeveloped "approved" lots is for Foster Township to ensure that
the individual lot stormwater management controls required by the
original approval are being properly implemented by the lot owner.
Drawings and calculations must be submitted to Foster Township in
enough detail for the Township Engineer and/or Foster Township Zoning
Officer to determine compliance with the previously granted approval
and also to physically construct the stormwater management facilities
on-site. Drawings must contain, at a minimum, all of the items required
for a Level 2 sketch (See Appendixes C.1 and E[1]) and volume calculations must be provided for all stormwater
storage facilities.
[1]
Editor's Note: Said Appendixes are included as attachments to this chapter.
Any other ordinance provision or regulation of the Township
inconsistent 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.
A.
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, law, regulation,
or ordinance.
B.
The Foster Township Supervisors and their agents shall be responsible
for administering this chapter.
