This Part
2 shall be known as the "Swamp Creek Watershed Stormwater Management Ordinance."
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. Inadequate planning and management of stormwater runoff
resulting from land development throughout a watershed can also harm
surface water resources by changing the natural hydrologic patterns,
accelerating stream flows (which increase scour and erosion of streambeds
and stream banks, thereby elevating sedimentation), destroying aquatic
habitat, and elevating aquatic pollutant concentrations and loadings
such as sediments, nutrients, heavy metals, and pathogens. Groundwater
resources are also impacted through loss of recharge.
C. A comprehensive program of stormwater management,
including minimization of impacts of development, redevelopment, and
activities causing accelerated erosion and loss of natural infiltration,
is fundamental to the public health, safety, welfare, and the protection
of the people of the municipality and all of the people of the Commonwealth,
their resources, and the environment.
D. Stormwater can be an important water resource by providing
groundwater recharge for water supplies and baseflow of streams, which
also protects and maintains surface water quality.
E. Impacts from stormwater runoff can be minimized by
using project designs that 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 that minimizes impervious surfaces and sprawl, avoids
sensitive areas (i.e., stream buffers, floodplains, steep slopes),
and considers topography and soils to maintain the natural hydrologic
regime.
F. Public education on the control of pollution from
stormwater is an essential component in successfully addressing stormwater.
G. 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).
H. Nonstormwater discharges to municipal separate storm
sewer systems can contribute to pollution of waters of the Commonwealth
by the municipality.
The purpose of this Part
2 is to promote the public health, safety, and welfare within the municipality by maintaining the natural hydrologic regime and minimizing the impacts described in §
140-33 of this Part
2 through provisions designed to:
A. Promote alternative project designs and layouts that
minimize the impacts on surface and groundwater.
B. Promote nonstructural best management practices (BMPs).
C. Minimize increases in runoff stormwater volume.
D. Minimize impervious surfaces.
E. Manage accelerated stormwater runoff and erosion and
sedimentation problems and stormwater runoff impacts at their source
by regulating activities that cause these problems.
F. Provide review procedures and performance standards
for stormwater planning and management.
G. Utilize and preserve existing natural drainage systems
as much as possible.
H. Manage stormwater impacts close to the runoff source,
requiring a minimum of structures and relying on natural processes.
I. Focus on infiltration of stormwater to maintain groundwater
recharge, to prevent degradation of surface and groundwater quality,
and to otherwise protect water resources.
J. Maintain existing baseflows and quality of streams
and watercourses, where possible.
K. Meet legal water quality requirements under state
law, including regulations at 25 Pennsylvania Code Chapter 93.4a requiring
protection and maintenance of "existing uses" and maintenance of the
level of water quality to support those uses in all streams, and the
protection and maintenance of water quality in "special protection"
streams.
L. Address the quality and quantity of stormwater discharges
from the development site.
M. Provide a mechanism to identify stormwater controls
necessary to meet NPDES permit requirements.
N. Implement an illegal discharge detection and elimination
program that addresses nonstormwater discharges into the municipality's
separate storm sewer system.
O. Preserve the flood-carrying capacity of streams.
P. Prevent scour and erosion of stream banks and streambeds.
Q. Provide performance standards and design criteria
for watershed-wide stormwater management and planning.
R. Provide proper operation and maintenance of all permanent
stormwater management facilities and BMPs that are implemented in
the municipality.
The municipality is empowered to regulate land
use activities that affect runoff and surface and groundwater quality
and quantity by the authority of:
A. Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167)
§ 680.1 et seq., as amended, the "Stormwater Management
Act" (hereinafter referred to as "the Act");
B. Water Resources Management Act of 2002, as amended;
C. First Class Township Code, 53 P.S. § 55101
et seq., Second Class Township Code, 53 P.S. §§ 66501
et seq., 66601 et seq., and the Borough Code, 53 P.S. § 46201
et seq.;
D. Pennsylvania Municipalities Planning Code, Act 247,
as amended.