This chapter shall be known and may be cited as the "Upper Gwynedd
Township MS4 Prohibited Discharge Ordinance" for those portions of
the Skippack Creek Watershed located within the Township.
The governing body of the municipality finds that:
A. Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, 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 pollution of water resources.
B. Reasonable regulation of connections and discharges to municipal
separate storm sewer systems 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 baseflow of streams, which also protects
and maintains surface water quality.
D. Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES). Permittees are required to enact, implement and enforce a
prohibition of nonstormwater discharges to the permittee's regulated
small municipal separate storm sewer systems (MS4s).
The purpose of this chapter is to promote health, safety and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in §
161-2 of this chapter through provisions designed to:
A. Provide standards to meet NPDES permit requirements.
B. 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 this
commonwealth.
C. Preserve the natural drainage systems as much as possible.
D. Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
E. Prevent scour and erosion of stream banks and streambeds.
F. Provide proper operation and maintenance of all facilities and all
SWM BMPs that are implemented within the municipality.
The municipality also is empowered to regulate land use activities
that affect runoff by the authority of the Act of July 31, 1968, P.L.
805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.
All activities within those portions of the Skippack Creek Watershed
located within the Township related to proper operation and maintenance
of approved stormwater management BMPs and all activities within those
portions of the Skippack Creek Watershed located in the Township that
may contribute nonstormwater discharges to a regulated small MS4 are
subject to regulation by this chapter.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation or ordinance.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land that may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction
and quality of resulting stormwater runoff in a manner that otherwise
adequately protects health, safety, property and water quality.
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.