This chapter shall be known and may be cited as the "North Codorus
Township Stormwater Management Ordinance."
The Board of Supervisors of North Codorus Township finds 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 the Township and its watershed(s) by minimizing the harm and maximizing the benefits described in § 158-2 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 and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and stream beds.
G.
Provide proper operation and maintenance of all SWM BMPs that are
implemented within the Township.
H.
Provide standards to meet NPDES permit requirements.
The Township is empowered to regulate land use activities that
affect stormwater impacts by the authority of Article XXVII, §§ 2701-2704,
of the Second Class Township Code, 53 P.S. § 67701-67704,
and 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."
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.
Any other ordinance provision or regulation of the Township inconsistent with any of the provisions of this chapter is hereby repealed to give this chapter full force and effect to the extent of the inconsistency only. The current North Codorus Township Stormwater Management Ordinance, Article I (Ordinance No. 106-12-88), and Article II (Ordinance No. 122-04-92) of Chapter 158 of the Township's Code, and all amendments thereto, are repealed in their entirety.
In the event that a court of competent jurisdiction declares
any section, clause or provision of this chapter invalid, such decision
shall not affect the validity of any of the remaining sections, subsections,
clauses or 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, law, regulation,
or ordinance.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner,
unless the context clearly requires literal usage:
A.
Words used in the present tense also include the future tense.
B.
Words used in the singular include the plural, and vice versa.
C.
Words of masculine gender include feminine gender, and vice versa.
D.
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s) to all
other instances of like kind and character.
E.
The words "person," "applicant," or "developer" include a partnership,
corporation, or other legal entity, as well as an individual.
F.
The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
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.
Each property owner is responsible for managing stormwater runoff
in a manner consistent with the provisions of this chapter so as not
to create an adverse impact on other properties or cause erosion.
The requirements set forth in this chapter, if followed, are intended,
but not guaranteed, to enable property owners to properly manage stormwater
on their property. In the event stormwater management designs and
facilities are approved by the Township and installed in accordance
with approved design, but still fail to manage stormwater flows so
that such flows do not adversely affect other properties or cause
erosion, the property owner shall install such additional facilities
or take other remedial measures as are necessary to properly manage
stormwater runoff so that such runoff does not adversely affect other
properties or cause erosion.
