A. 
This Part 1 shall be known and referred to as the "Brodhead Creek and McMichaels Creek Watershed Plan Stormwater Management Ordinance."
B. 
The Township of Tobyhanna, Monroe County, Pennsylvania (hereinafter "municipality"), hereby finds that:
(1) 
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 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, and threatens public health and safety.
(2) 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and the people of the commonwealth, their resources, and the environment.
(3) 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface water and groundwater quality.
(4) 
Through project design, impacts from stormwater runoff can be minimized so as to preserve and restore the flood-carrying capacity of commonwealth streams; to preserve, to the maximum extent practicable, natural stormwater runoff regimes and natural course, current and cross section of water of the commonwealth; and to protect and conserve groundwaters and groundwater recharge areas. Typically, 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 appropriately maintain the natural hydrologic regime.
(5) 
The tracking of net consumptive water use which includes groundwater withdrawals and recharge can be an effective tool in correlating water use impacts to stream base flows within the watershed. This data can be utilized in developing appropriate measures to maintain base flow and stream health which will meet the purpose and policy of Act 167.
(6) 
Any activity in violation of the provisions of this Part 1 or of any watershed stormwater plan or ordinance adopted hereunder is hereby declared a public nuisance, and the Township of Tobyhanna is authorized to seek redress for such violations in the manner and in accordance with the Act of October 4, 1978, P.L. 864, No. 167, Section 15, as amended.[1]
[1]
Editor's Note: See 32 P.S. § 680.15.
The purpose of this Part 1 is to promote the public health, safety, and welfare within the Brodhead Creek and McMichaels Creek Watersheds by preserving and restoring the flood-carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross section of water of the commonwealth; and to protect and conserve groundwaters and groundwater recharge areas and minimize the impacts described in this Part 1 through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface water 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 base flow 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 water 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; the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended; and the Second Class Township Code, 53 P.S. § 66501 et seq., 66601 et seq., as amended.
A. 
This Part 1 shall apply to those areas of the municipality that are located within the Brodhead Creek and McMichaels Creek Watershed, as delineated in Appendix D, which is hereby adopted as part of this Part 1.[1]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
B. 
This Part 1 shall apply to permanent nonstructural and structural stormwater management Best Management Practices (BMPs) implemented as part of any of the regulated activities listed in this section.
C. 
This Part 1 contains only the stormwater management performance standards and design criteria that are necessary from a watershed-wide perspective. Local stormwater management design criteria, including, but not limited to, inlet spacing, inlet type, collection system design and details and outlet structure design, shall continue to be regulated by the applicable municipal ordinances or as part of the general responsibilities of the Township of Tobyhanna Engineer 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 Part 1, provided that they meet the minimum requirements of, and do not conflict with, the Clean Streams Law and other applicable state law. The Pennsylvania Stormwater BMP Manual, as amended, may also be utilized as a reference and guide.
E. 
The following activities are defined as "regulated activities" and shall be regulated by this Part 1:
(1) 
Land development.
(2) 
Subdivisions and planned residential developments.
(3) 
Any alteration of the natural hydrologic regime which degrades or potentially degrades the existing instream uses and the level of water quality necessary to protect the existing uses of the surface waters of the commonwealth as determined by the Township of Tobyhanna.
(4) 
Construction of or additions to impervious or semipervious surfaces.
(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 §§ 124-10, Water quality and streambank erosion requirements, and 124-11, Groundwater recharge.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Structural stormwater management BMPs or appurtenances thereto.
Permits and approvals issued pursuant to this Part 1 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. If more stringent requirements concerning regulation of stormwater or erosion and sediment pollution control or activities in wetlands are contained in any other code, rule, act or ordinance, the more stringent regulation shall apply.