[Ord. 2011-04, 3/3/2011, Art. I]
This Chapter
23C shall be known and may be cited as the "Lower Macungie Township Municipal Separate Sewer Systems Ordinance" or the "MS4 Ordinance."
[Ord. 2011-04, 3/3/2011, Art. I]
1. The Board of Commissioners of the municipality finds that:
A. 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 overtax the carrying
capacity of existing streams and storm sewers, and greatly increases
the cost to the public to 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 increase scour and erosion
of stream-beds 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.
C. A program of stormwater management, including reasonable regulation
of land development and redevelopment which causes loss of natural
infiltration, is fundamental to the public health, safety, welfare,
and the protection of the people of the municipality and all the people
of the commonwealth, their resources, and the environment.
D. Stormwater 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.
E. Public education on the control of pollution from stormwater is an
essential component in successfully addressing the potential impacts
on water quality.
F. 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).
G. Non-stormwater discharges to municipal separate storm sewer system
contribute to pollution of waters of the commonwealth by the municipality.
[Ord. 2011-04, 3/3/2011, Art. I]
1. The purpose of this Chapter
23C is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in §
23C-102 of this Chapter
23C, through provisions designed to:
A. Manage stormwater runoff impacts at their source by regulating activities
that cause the problems.
B. Provide review procedures and performance standards for stormwater
planning and management.
C. Utilize and preserve the 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. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality and to otherwise
protect water resources.
F. Maintain existing flows and quality of streams and watercourses.
G. 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.
H. Prevent scour and erosion of stream banks and streambeds.
I. Provide for proper operations and maintenance of all permanent stormwater
management BMPs that are implemented in the municipality.
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 non-stormwater discharges into the municipality's
separate storm sewer system.
[Ord. 2011-04, 3/3/2011, Art. I]
The municipality is empowered to regulate land use activities
that affect stormwater impacts by the authority of the First Class
Township Code, 53 P.S. § 55101 et seq., and/or the Pennsylvania
Municipalities Planning Code, 53 P.S. § 55101 et seq.
[Ord. 2011-04, 3/3/2011, Art. I]
1. This Chapter
23C applies to any regulated earth disturbance activities within the municipality, and all stormwater runoff entering into the municipality's separate storm sewer system from lands within the boundaries of the municipality.
2. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This Chapter
23C shall operate in coordination with those parallel requirements; the requirements of this Chapter
23C shall be no less restrictive in meeting the purposes of this Chapter
23C than state law.
[Ord. 2011-04, 3/3/2011, Art. I]
1. Approvals issued and actions taken under this Chapter
23C 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
23C imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this Chapter
23C shall be followed.
2. Nothing in this Chapter
23C shall be construed to affect any of the municipality's requirements regarding stormwater matters which do not conflict with the provisions of this Chapter
23C, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this Chapter
23C addressing state water quality requirements.