This chapter shall be known and may be cited as the "Scott Township
Stormwater Management Ordinance."
The Second Class Township Code, as amended, empowers townships
of the second class to enact stormwater management ordinances and
to regulate activities that affect public health, safety and welfare.[1] Act 247 of July 31, 1968, the Pennsylvania Municipalities
Planning Code, as amended, authorizes the governing body of each municipality
to regulate development within the municipality.[2] In addition and where applicable, Act 167 of October 4,
1978, the Storm Water Management Act,[3] authorizes the regulation of land and water use for flood
control and stormwater management purposes, imposing duties and conferring
powers on the Pennsylvania Department of Environmental Protection,
municipalities and counties.
The Scott Township Board of Supervisors finds that:
A.
Federal and state regulations require this municipality to obtain
a permit for discharges from its MS4 and to implement a program of
stormwater controls.
B.
Inadequate maintenance of stormwater best management practices (BMPs)
causes loss of water quality, flooding and other problems.
C.
A program of reasonable regulation of connections and discharges
to municipal stormwater management facilities will be beneficial.
D.
Stormwater is an important resource.
This chapter is enacted for the following purposes:
A.
To manage accelerated stormwater runoff problems at their source
by regulating activities which cause such problems, to utilize and
preserve desirable existing natural drainage systems, to encourage
recharge of groundwater, to prevent the deterioration of groundwater
quality, to maintain the existing flows and quality of streams and
watercourses in the municipality, to preserve and restore the flood-carrying
capacity of streams, to meet NPDES MS4 permit requirements, to meet
state water quality requirements, to reduce accelerated erosion, to
reduce scour, to reduce aggradation and degradation, and to provide
procedures and standards for proper operation and maintenance of stormwater
management BMPs;
B.
To provide minimum standards for the design, installation and maintenance
of all permanent stormwater management structures constructed in the
municipality;
C.
To assure, at a minimum, that the peak rate of stormwater runoff
(peak discharge) is no greater after development than prior to development
within the municipality;
D.
To minimize danger to public health and safety and damages to property
by providing for management of stormwater runoff.
This chapter shall apply to:
A.
All activities involving the alteration or development of land that
may impact stormwater runoff characteristics;
B.
All activities related to proper operation and maintenance of stormwater
management facilities and BMPs;
C.
All activities that may contribute nonstormwater discharges to the
municipality's regulated small MS4;
D.
The installation of stormwater systems or appurtenances thereto.
Permits and approvals issued pursuant to this chapter do not
relieve the applicant/developer of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act or ordinance. If more stringent requirements pertaining
to the regulation of stormwater are contained in any other act, code,
ordinance or rule, the more stringent requirements shall apply.
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.
Definitions of terms used in this article may be found in Article V of this chapter.
Specific methods and publications indicated in this chapter
shall, in all cases, refer to the latest available edition and include
revisions or amendments thereto.
The degree of stormwater management sought by this chapter is
considered reasonable for regulatory purposes. This chapter shall
not create any liability on the part of the municipality, any appointed
or elected official of the municipality, or any officer, engineer
or employee thereof for any damage(s) that may result from the application
and/or enforcement of this chapter.
