§ 143-1Short title.
§ 143-2Statement of findings.
§ 143-3Purpose.
§ 143-4Statutory authority.
§ 143-5Applicability.
§ 143-6Compatibility with other requirements.
§ 143-7Enactment of amendments.
This chapter shall be known and may be cited as the "Daugherty Township Stormwater Management Ordinance."
The Board of Supervisors of Daugherty Township finds that:
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtaxes the carrying capacity of existing streams and storm sewers and greatly increases the cost to the public to manage stormwater.
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 increase scour and erosion of streambeds and stream banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.
A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare and the protection of the people of Daugherty Township and all the people of the commonwealth, their resources, and the environment.
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
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).
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Township.
The purpose of this chapter is to promote health, safety and welfare within Daugherty Township and its watershed by minimizing the harms and maximizing the benefits described in § 143-2 of this chapter, through provisions designed to:
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
Provide review procedures and performance standards for stormwater planning and management.
Utilize and preserve the existing natural drainage systems as much as possible.
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface water and groundwater quality and to otherwise protect water resources.
Maintain existing flows and quality of streams and watercourses.
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a, to protect and maintain "existing uses" and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection" streams.
Prevent scour and erosion of stream banks and streambeds.
Provide for proper operations and maintenance of all permanent stormwater management BMP(s) that are implemented in the Township.
Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Township's separate storm sewer system.
The Board of Supervisors of Daugherty Township is empowered to regulate land use activities that affect stormwater impacts by the authority of Article XXVII, § 2701 et seq., of the Second Class Township Code.
This chapter applies to any regulated earth disturbance activities within the Township and all stormwater runoff entering into the Township's separate storm sewer system from lands within the boundaries of the Township.
Earth disturbance activities and associated stormwater management controls 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.
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 or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.
Nothing in this chapter shall be construed to affect any of the Township's requirements regarding stormwater matters which do not conflict with the provisions of this chapter. Conflicting provisions in other Township ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
This chapter may be amended by action of the Board of Supervisors in accordance with the Second Class Township Code; however, the construction specification standards noted in Article IV of this chapter, as they pertain to any particular public or private stormwater management improvement, may be amended by resolution of the Board of Supervisors upon recommendation of the Township Engineer and Township Manager.
