This chapter shall be known and may be cited as the "Dickinson Township Stormwater Management Ordinance."
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 — 67201, and the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended (the Stormwater Management Act). This chapter has been enacted in compliance with the Cumberland County Stormwater Management Plan.
The Board of Supervisors of Dickinson Township finds that:
A. 
Inadequate management of accelerated runoff of stormwater 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; threatens public health and safety; and increases non-point-source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing the removal of the surface of land through the combined action of man's activities and the natural processes at a rate greater than would occur because of the natural process alone, is fundamental to the public health, safety and welfare and the protection of the people of the Township and all the 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 and which also protects and maintains surface water quality.
The purpose of this chapter is to promote the public health, safety and welfare within the Township and its watershed by minimizing the harms and maximizing the benefits described in § 170-3 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 the 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 water 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 permanent stormwater management (SWM) best management practices (BMPs) that are implemented within the Township.
H. 
Provide standards to meet NPDES permit requirements and provide performance standards and design criteria for watershed-wide stormwater management collection, conveyance and planning.
I. 
Meet general water quality and soil disturbance goals by implementing measures to:
(1) 
Minimize disturbance to floodplains, wetlands, natural slopes over 15%, and existing native vegetation.
(2) 
Preserve and maintain trees and woodlands; maintain or extend riparian buffers and protect existing forested buffer; and provide trees and woodlands adjacent to impervious areas whenever feasible.
(3) 
Establish and maintain nonerosive flow conditions in natural flow pathways.
(4) 
Minimize soil disturbance and soil compaction; over disturbed areas, replace topsoil to a minimum depth equal to the original depth or four inches, whichever is greater; and use tracked equipment for grading when feasible.
(5) 
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(6) 
Incorporate the techniques for low-impact development practices described in the most-current version of the Pennsylvania Stormwater Best Management Practices Manual.
(7) 
Minimize thermal impacts to waters of the commonwealth.
A. 
This chapter shall apply to all areas of the Township.
B. 
All activities that may affect stormwater runoff, as listed below and unless otherwise exempted by § 170-14, hereinafter "regulated activities," are subject to regulation by this chapter as is reasonably necessary to prevent injury to health, safety or other property:
(1) 
Land development and/or redevelopment;
(2) 
Subdivision;
(3) 
Land disturbance resulting in an alteration to land cover.
(4) 
Construction of new or additional impervious or semipervious surfaces (including but not limited to concrete, asphalt, stoned surfaces, and surfaces using pavers);
(5) 
Construction of structures or additions to existing structures;
(6) 
Construction of obstructions, flood-control projects, highways and transportation facilities, facilities for the provision of public utility services, and facilities owned or financed in whole or in part by funds from the commonwealth;
(7) 
Diversion or piping of any natural or man-made stream channel;
(8) 
Construction/installation of stormwater systems or appurtenances thereto; and
(9) 
Forest management/timber operations that include logging, road construction and timber harvesting.
Any ordinance provision(s) or regulation of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter.
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 the other code, rule, act or ordinance, the more-stringent regulation shall apply.
A. 
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may waive any mandatory provision of these regulations to the benefit of the applicant, provided that the waiver:
(1) 
Is consistent with the purpose of this chapter as described in § 170-4;
(2) 
Will remove or reduce an unreasonable standard or undue hardship as it applies to the particular property which is grossly disproportionate to any benefit derived from the standard or when an alternative standard provides equal or better results; and
(3) 
Is consistent with the definition of "best management practices" in § 170-12 when involving water quality requirements.
B. 
It shall be the burden of the applicant to demonstrate compliance with the above conditions. The Board of Supervisors will act upon the waiver, taking into account the recommendations of the Township Engineer.
C. 
The Township Engineer will evaluate the waiver request and make his recommendation utilizing the above criteria and the following general findings:
(1) 
The extent of the proposed site development as it relates to the site area;
(2) 
The magnitude of the anticipated increased stormwater runoff as a result of the land development;
(3) 
The adverse impacts of the anticipated increased stormwater runoff at the area of discharge from the site;
(4) 
The physical circumstances or conditions of the site, including drainage characteristics of the soil types on the site, shape, location, topography or other physical conditions specific to the site; and
(5) 
The history of stormwater runoff problems in the area which this land development would affect.
Any reference in this chapter to any publication, manual, standard, law, code or regulation shall include any and all subsequent amendments, supplements and successor publications, standards, laws, codes and regulations thereto without the need to amend this chapter to make specific reference thereto.