This chapter shall be known and may be cited as the "Clinton
Township Stormwater Management Ordinance."
The Board of Supervisors of Clinton Township adopts this chapter
in accordance with the following findings:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed 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, welfare, and the protection
of the people of Township and all the 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.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
E.
Nonstormwater discharges to Township separate storm sewer systems
can contribute to pollution of waters of the commonwealth.
The purpose of this chapter is to promote health, safety, and welfare within Clinton Township, Butler County, by minimizing the harms and maximizing the benefits described in § 127-2 of this chapter through provisions intended to:
A.
Meet legal water quality requirements under state law, including
regulations of 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of the
commonwealth.
B.
Manage accelerated runoff and erosion and sedimentation problems
close to their source, by regulating activities that cause these problems.
C.
Preserve the natural drainage systems as much as possible.
D.
Manage stormwater impacts close to the runoff source, with a minimum
of structures and a maximum use of natural processes.
E.
Provide procedures, performance standards, and design criteria for
stormwater planning and management.
F.
Provide standards to meet the NPDES permit requirements.
G.
Minimize nuisances caused by point source discharges.
A.
Primary authority. Clinton Township is empowered to regulate these
activities by the authority of the Act of October 4, 1978, P.L. 864
(Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm
Water Management Act, and the Pennsylvania Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
In Clinton Township, all regulated activities are subject to regulation
by this chapter.
B.
Earth disturbance activities and associated stormwater management
controls 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.
C.
"Regulated activities" are any earth disturbance activities or any
activities that involve the alteration or development of land in a
manner that may affect stormwater runoff.
D.
Agricultural activities are exempt from the rate control and SWM
site plan preparation requirements of this chapter, provided the activities
are performed according to the requirements of 25 Pa. Code Chapter
102.
E.
Forest management and timber operations are exempt from the rate
and volume control requirement and SWM site plan preparation requirement
of this chapter, provided the activities are performed according to
the requirements of 25 Pa. Code Chapter 102. It should be noted that
temporary roadways are not exempt.
A.
This chapter
shall replace Ordinance No. 90-01 as amended by Ordinance No. 95-03.
Any ordinance, ordinance provision(s), or regulation of Clinton Township
inconsistent with any of the provision(s) of this chapter is hereby
repealed to the extent of the inconsistency only.
B.
Where any
standard of this chapter is lesser or more permissive than another,
the stricter shall apply.
In the event that a court of competent jurisdiction declares
any section(s) or provision(s) of this chapter invalid, such decision
shall not affect the validity of any of the remaining section(s) or
provision(s) of this chapter.
Approvals issued and actions taken pursuant to this chapter
do not relieve the applicant of the responsibility to comply with
or to secure required permits or approvals for activities regulated
by any other applicable codes, laws, rules, statutes, or ordinances.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which 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 which otherwise
adequately protects health, property, and water quality.
A.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by a Township official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law nor impose any liability
upon the Township for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the Township, or by an official or employee thereof,
of the practicability or safety of any structure, use or other plan
proposed, and shall create no liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
