Township of Upper Burrell, PA Article I General Provisions

§ 280-1 Findings.

The Board of Supervisors of the Township of Upper Burrell finds that:

A. Stormwater runoff from lands modified by human activities can threaten public health and safety by causing increased runoff flows and velocities which can overtax the carrying capacity of existing streams and storm sewers and can increase the cost of public facilities to convey and manage stormwater.

B. Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which can increase scour and erosion of streambeds and streambanks, thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources can also be impacted through loss of recharge.

C. These impacts happen mainly through a decrease in natural infiltration of stormwater.

D. A comprehensive program of stormwater management, including reasonable regulation of land development and redevelopment and other activities causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and protection of the people of the Township and all the people of this commonwealth, their resources, and the environment.

E. Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

F. Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the Commonwealth of Pennsylvania.

§ 280-2 Purpose.

The purpose of this chapter is to promote health, safety, and welfare within the Township of Upper Burrell by minimizing the damages described in § 280-1 of this chapter through provisions designed to:

A. Manage stormwater runoff impacts at their source by regulating activities that cause these problems.

B. Provide review procedures, performance standards and design criteria for stormwater planning and management.

C. Utilize and preserve the desirable existing natural drainage systems as much as possible.

D. Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.

E. Encourage recharge of groundwater, where appropriate, to prevent degradation of groundwater quality.

F. Maintain existing flows and quality of streams and watercourses in the Township and the commonwealth.

G. Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93 to protect, maintain, and restore existing uses and maintain the level of water quality to support those uses in all surface waters, and to protect and maintain water quality in special protection waters (exceptional value and high quality).

H. Provide for proper operation and maintenance of all stormwater management facilities in the Township.

I. Prevent scour and erosion of stream banks and streambed.

J. Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.

K. Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Township's separate storm sewer system.

§ 280-3 Statutory authority.

The Township is empowered to regulate land use activities that affect stormwater runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code,[1] as amended by Act 170 of December 21, 1988 and Act 131 of December 14, 1992, and the applicable Municipal Code.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 280-4 Applicability.

A. The provisions, regulations, limitations, and restrictions of this chapter shall apply to any subdivision, land development, and earth disturbances which contain regulated activities, as specified in Subsection B of this section, and all activities that may affect stormwater runoff unless specifically exempted herein.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. This chapter shall apply to all earth disturbances over 5,000 square feet, as defined in this chapter, commenced after the date of enactment of this chapter, except for those activities specifically exempted herein, or which are preexisting on the date of enactment, but may be required to be brought into compliance with the terms of this chapter pursuant to §§ 280-33 and 280-34 of this chapter. In addition, this chapter shall apply to any addition of parking, paving or other impervious surface which is greater than 1,500 square feet in area.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Earth disturbance activities and associated stormwater management activities are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.

D. Exemptions. The following activities are specifically exempt from the project plan requirements of this chapter. Exemption shall not relieve anyone from providing adequate stormwater management to meet the purposes of this chapter.

(1) Use of land for gardening and landscaping, provided that all runoff which may result from work does not adversely affect any adjoining property or Township street, as determined by Township Engineer.

(2) Paving of existing established driveway areas, provided that the proposed impervious area (asphalt, concrete, etc.) does not exceed 1,500 square feet and all runoff which may result from driveway does not adversely affect any adjoining property or Township street, as determined by Township Engineer.

(3) Agriculture, when operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Westmoreland County Conservation District. Agricultural activities such as producing crops and raising livestock including tillage, plowing, disking, harrowing, pasturing and other such activities are specifically exempt from complying with the requirements of this chapter.

(4) All activities conducted by authority of Upper Burrell Township Board of Supervisors.

§ 280-5 Compatibility with other requirements.

A. 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. To the extent that this chapter imposes more rigorous requirements for stormwater management, the specific requirements contained in this chapter shall be followed.

B. Nothing in this chapter shall be construed to affect any of the Township's requirements regarding stormwater matters which do not interfere with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.).