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.
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.
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.
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]
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]
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.
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.).