The Township of Tobyhanna finds that:
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.
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.
The purpose of this article is to promote health, safety, and welfare within the Tobyhanna Creek Watershed by minimizing the damages described in § 124-67A of this article through provisions designed to:
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
Utilize and preserve the existing natural drainage systems.
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
Maintain existing flows and quality of streams and watercourses in the municipality and the Commonwealth.
Preserve and restore the flood-carrying capacity of streams.
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the municipality.
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 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 the applicable municipal ordinance).
This article shall only apply to permanent stormwater management facilities constructed as part of any of the regulated activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this article, but shall continue to be regulated under existing laws and ordinances.
This article contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system details, outlet structure design, etc.) shall continue to be regulated by applicable municipal ordinances or at the Municipal Engineer's discretion.
The following activities are defined as "regulated activities" and shall be regulated by this article:
Construction of new or additional impervious or semipervious surfaces (driveways, parking lots, etc.).
Construction of new buildings or additions to existing buildings.
Diversion or piping of any natural or man-made stream channel.
Installation of stormwater management facilities or appurtenances thereto.
Any ordinance of the municipality inconsistent with and less stringent than any of the provisions of this article is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article.
Approvals issued pursuant to this article 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.