The Board of Supervisors finds that:
Inadequate management of excess stormwater runoff 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; and threatens public health and safety; and
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
The purpose of this chapter is to promote the public health, safety and welfare by minimizing the damages described in § 199-1A of this chapter by provisions designed to:
Control accelerated erosion and sedimentation problems at their source by regulating activities which cause such problems.
Utilize and preserve the desirable existing natural drainage systems.
Encourage groundwater recharge and prevent degradation of groundwater quality.
Maintain the existing flows and quality of streams and watercourses in the Township and the commonwealth.
Preserve and restore the flood-carrying capacity of streams.
Provide for proper maintenance of all permanent stormwater management facilities which are constructed in the Township.
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
The Board of Supervisors, pursuant to authority granted by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended ("Act 167"), the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, Act of July 31, 1968, P.L. 805, No. 247, reenacted and amended by Act 170 of 1988, as amended ("MPC"), and the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, reenacted and amended July 10, 1947, P.L. 1481, No. 567, as subsequently amended ("Second Class Township Code"), hereby enacts and ordains this chapter as the "East Manchester Township Stormwater Management Ordinance."
This chapter shall be known and may be cited as Ordinance No. 2006-1, the "East Manchester Township Stormwater Management Ordinance."
This chapter shall apply to all areas of the Township.
This chapter shall only apply to permanent stormwater management facilities (as defined herein) constructed as part of any of the activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities are not regulated by this chapter, but shall continue to be regulated under existing laws and regulations.
The provisions, regulations, limitations and restrictions of this chapter governing design, installation and maintenance of stormwater management facilities and preparation, submission and review of stormwater management plans shall apply to all of the following activities defined collectively as "regulated activities," unless specifically exempted by § 199-8 herein:
Development of any kind where Chapter 208 , Subdivision and Land Development, of the Code of the Township of East Manchester requires filing a subdivision or land development plan;
Any land disturbance affecting one acre or more;
Outdoor storage, including storage of material (rock, soil, etc.) where ground contact is equal to or exceeds 5,000 square feet or where material is placed either on slopes exceeding 8%, floodplains, or in drainageways;
Construction of new or additional impervious or semipervious surfaces (included, but not limited to, concrete, asphalt, stoned surfaces, surfaces using pavers);
Construction of new buildings or additions to existing buildings;
Diversion or piping of any natural or man-made stream channel;
Installation or modification of stormwater management facilities and/or appurtenances thereto;
Any disturbance to land that, in the opinion of the Township, is critical in terms of protection of steep slopes, wetlands and other environmentally sensitive features and in terms of protection of adjoining properties;
Any other activities where the Township determines that said activities may affect any existing watercourse's stormwater management facilities, or stormwater drainage patterns.
In determining whether such activity constitutes a regulated activity, the limitations shall apply to the entire lot existing on the effective date of this chapter whether or not such activity is conducted in phases or sections.