The governing body of the municipality 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).
The purpose of this chapter is to:
A.
Promote the general health, welfare and safety of the community.
B.
Regulate the modification of the natural terrain and alteration of
existing drainage from land disturbances, new subdivisions and developments
in order to control erosion and sedimentation of soils and preserve
stream channels.
C.
Provide design, construction and maintenance criteria for permanent
on-site stormwater management and storm drainage facilities for the
purpose of controlling stormwater, erosion and sedimentation.
D.
In the enactment of this chapter, it is the intent of the Board of
Supervisors to minimize impacts from stormwater discharge by requiring
the pre-treatment of stormwater from large paved areas and related
activities.
E.
In the enactment of this chapter, it is the further intent of the
Board of Supervisors to: ensure consistency and compliance with the
recommendations for quantity and quality controls, within the Little
Conestoga Creek Watershed and the Conestoga River Watershed, that
are found in the Little Conestoga Creek Watershed Act 167 Stormwater
Management Plan, approved by the Lancaster County Commissioners on
April 29, 1998 and by the DEP on June 28, 1998, and the Conestoga
River Watershed Act 167 Stormwater Management Plan, approved by the
Lancaster County Commissioners on June 8, 2005, and by the DEP on
August 29, 2005; to encourage the recharge of groundwater, where appropriate,
within the Township; to preserve and restore the flood-carrying capacity
of streams within the Township; and to maintain existing flows and
quality of streams within the Township.
F.
Provide standards to meet NPDES MS4 permit requirements.
G.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth.
H.
Provide proper operation and maintenance of all facilities and all
Stormwater Management BMPs that are implemented within the municipality.
The Board of Supervisors of Manor Township is empowered to regulate
these activities by authority of the Act of October 4, 1978, P.L.
864, No. 167, known as the "Storm Water Management Act,"[1] and pursuant to the express and implied powers granted
to the Board of Supervisors under 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 amended,[2] hereby enacts and ordains this chapter as the Manor Township
Stormwater Management Ordinance.
It shall be unlawful for any persons, partnership, business
or corporation to undertake any of the following activities without
the prior approval from Manor Township:
A.
Diversion or piping of any natural or man-made stream channel.
B.
Installation of stormwater system or appurtenances thereto.
C.
Placement of fill, structures or pipes in the floodplain or natural
drainageways.
E.
Removal of ground cover, grading, filling or excavating when such
activity creates a diversion of stormwater which increases the quantity,
velocity or rate of flow at any point on any adjoining property or
otherwise adversely redirects flow of stormwater.
F.
All activities related to proper operation and maintenance of approved
stormwater management BMPs and all activities that discharge to a
regulated small MS4 are subject to regulation by this chapter.
G.
Major or minor land disturbances.
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. Whenever there is a difference between the minimal applicable
standards specified herein and those included in other applicable
Township regulations, the regulations of this chapter shall apply.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 608.1 et seq., the making of any administrative
decision by the Township or any of its officials or employees shall
not constitute a representation, guarantee or warranty of any kind
of the Township of the practicability or safety of any proposed structure
or use with respect to damage from erosion, sedimentation, stormwater
runoff, flood, or any other matter, and shall create no liability
upon or give rise to any cause of action against the Township and
its officials and employees. The Township Supervisors, by enacting
and amending this chapter, does not waive or limit any immunity granted
to the Township and its officials and employees by the Governmental
Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and does
not assume any liabilities or obligations.
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 municipality purporting to validate such a violation.
