Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 221-1 Short title.

This chapter shall be known and may be cited as the "West Manheim Township Stormwater Management Ordinance."

§ 221-2 Findings.

The Board of Supervisors of West Manheim Township finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases 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, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
C. 
Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
D. 
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).

§ 221-3 Purpose.

The purpose of this chapter is to promote health, safety, and welfare within the Township and its watershed(s) by minimizing the harms and maximizing the benefits described in § 221-2 of this chapter, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Preserve the natural drainage systems as much as possible.
C. 
Manage stormwater runoff close to the source.
D. 
Provide procedures and performance standards for stormwater planning and management.
E. 
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
F. 
Prevent scour and erosion of stream banks and streambeds.
G. 
Provide proper operation and maintenance of all SWM BMPs that are implemented within the Township.
H. 
Provide standards to meet NPDES permit requirements.

§ 221-4 Statutory authority.

A. 
Primary authority. The Township is empowered to regulate land use activities that affect stormwater impacts by the authority vested in Second Class Townships by the Second Class Township Code, 53 P.S. § 65101 et seq., and 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Secondary authority. The Township also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 221-5 Applicability.

All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.

§ 221-6 Compatibility with other requirements.

Permits and approvals issued pursuant to this chapter 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 sedimentation control are contained in another code, rule, act or ordinance, the more stringent regulations shall apply.

§ 221-7 Duty of persons engaged in development of land.

Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality.

§ 221-8 Word usage.

Unless otherwise expressly stated, the succeeding shall, for the purposes of this chapter, be interpreted in the following manner:
A. 
Words used in the present tense also imply the future tense.
B. 
Words used in the singular imply the plural, and vice versa.
C. 
Words of masculine gender include feminine gender, and vice versa.
D. 
The words and abbreviation "includes," "including," "shall include," "such as," and "e.g." are not limited to the specific example(s) given but are intended to extend the word's or words' meaning(s) to all other instances of like kind and character.
E. 
The words "person," "applicant," or "developer" include a partnership, corporation, or other legal entity, as well as an individual.
F. 
The words "shall," "required," or "must" are mandatory; the words "may" or "should" are permissive.

§ 221-9 Erroneous permit.

Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Township purporting to validate such a violation.