The Township of Tobyhanna 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.
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:
A.
Manage accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems.
B.
Utilize and preserve the existing natural drainage
systems.
C.
Encourage recharge of groundwater where appropriate
and prevent degradation of groundwater quality.
D.
Maintain existing flows and quality of streams and
watercourses in the municipality and the Commonwealth.
E.
Preserve and restore the flood-carrying capacity of
streams.
F.
Provide proper maintenance of all permanent stormwater
management facilities that are constructed in the municipality.
G.
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).
B.
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.
C.
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.
D.
The following activities are defined as "regulated
activities" and shall be regulated by this article:
(1)
Land development.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious
surfaces (driveways, parking lots, etc.).
(4)
Construction of new buildings or additions to existing
buildings.
(5)
Diversion or piping of any natural or man-made stream
channel.
(6)
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.
