[Ord. No. 187, 11/30/2018]
This chapter shall be known and may be cited as the "Stormwater
Management Ordinance."
[Ord. No. 187, 11/30/2018]
1.
The Township Board of Supervisors finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
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 (SWM), including
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 that provides groundwater
recharge for water supplies and supports the base flow of streams.
D.
The use of green infrastructure (GI) and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to: 1) infiltrate and recharge; 2) evapotranspire; and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
predevelopment hydrology.
E.
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) program.
[Ord. No. 187, 11/30/2018]
1.
The purpose of this chapter is to promote health, safety, and welfare within the Township and its watershed(s) by minimizing the harms and maximizing the benefits described in § 23-102 of this chapter, through provisions designed to:
A.
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.
B.
Preserve natural drainage systems.
C.
Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and streambeds.
G.
Provide proper operation and maintenance of all stormwater best management
practices (BMPs) that are implemented within the Township.
H.
Provide standards to meet NPDES permit requirements.
[Ord. No. 187, 11/30/2018]
The Township is empowered to regulate land use and other activities
that affect runoff by the authority of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, and/or
the Pennsylvania Stormwater Management Act, 32 P.S. § 680.1,
et seq., as amended, and the Pennsylvania Second Class Township Code,
53 P.S. § 65101 et seq., as amended.
[Ord. No. 187, 11/30/2018]
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this chapter.
[Ord. No. 187, 11/30/2018]
The enacting ordinance of this chapter repealed any other ordinance
provision(s) of the Township inconsistent with any of the provisions
of this chapter to the extent of the inconsistency only.
[Ord. No. 187, 11/30/2018]
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. It is hereby declared as the intent of the Township Board
of Supervisors that this chapter would have been adopted had such
invalid sentence, clause, section, or subsection thereof not been
included herein.
[Ord. No. 187, 11/30/2018]
Approvals issued and actions taken under this chapter 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.
[Ord. No. 187, 11/30/2018]
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 Township purporting to validate such a violation.
[Ord. No. 187, 11/30/2018]
1.
General. If the Township Board of Supervisors determines that any requirement under this chapter cannot be achieved for a particular regulated activity, then the Township Board of Supervisors may, after an evaluation of alternatives, approve waivers from the provisions of this chapter, subject to compliance with the requirements of this § 23-110.
2.
Application Requirements. Any request for a waiver of a provision
of this chapter shall be submitted to the Code Official in writing,
using such forms prescribed by the Township. The written request shall
include:
A.
The specific section(s) of this chapter which is requested to be
waived or modified.
B.
The justification for the waiver, stating in full the grounds and facts on which the request is based and the manner in which the application fulfills the standards set forth in § 23-110 of this chapter.
C.
Provisions proposed as an alternate to the requirements of this chapter
requested to be waived.
D.
A plan prepared at least to the minimum standards of a sketch plan under the Subdivision and Land Development Ordinance (Chapter 22).
E.
Documentation demonstrating that the requested waiver will not result
in a significant increase in peak flow or stormwater runoff volume
from a one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year,
twenty-four-hour design storm.
F.
Appropriate filing fee and deposit.
G.
One electronic file of all plans and material in a Township-compatible
format.
3.
Application Procedure.
A.
The applicant shall file five sets of the application and any other
material required by this chapter with the Code Official.
B.
The application shall not be considered to be administratively complete
and properly filed unless and until all items required by this chapter,
including the application fee and deposit, have been received by the
filing date.
C.
The Code Official shall review the application to determine whether
all materials required by this chapter have been submitted by the
applicant. If all such materials have not been submitted by the applicant,
then the Code Official shall reject the application as being administratively
incomplete and shall notify the applicant, in writing, citing the
specific deficiencies and the specific requirements of this chapter
that have not been met and returning the applicant's application
fee and deposit.
D.
The Code Official shall submit one copy of an administratively complete
application to the following entities and individuals for review:
the Township Engineer; and any other appropriate Township personnel
or professional consultants. The Code Official may also notify the
Conservation District of the application. In cases where the application
relates to a project fronting on, or otherwise impacting, an existing
or proposed state highway, the Township may require that a copy of
the application be submitted to PennDOT for review and comment.
4.
Township Staff Review.
A.
The Code Official and any other Township personnel or professional
consultant, as directed by the Code Official, shall review the application
to determine if it is in compliance with this chapter and applicable
Township ordinances, statutes and regulations. The Code Official may
prepare a written report of his comments and findings. A copy of any
such written report shall be provided to the Township Secretary, Township
Engineer and any other appropriate Township personnel or professional
consultant. The other Township personnel and professional consultants
shall provide comments and recommendations, including written findings,
when directed by the Code Official.
B.
The Township Engineer shall review the application to determine compliance
with this chapter, any other applicable ordinances, statutes and regulations,
and sound engineering practices. The Township Engineer shall prepare
a written report of his comments, findings and recommendations. A
copy of such written report shall be provided to the Code Official,
Township Secretary and any other appropriate Township personnel and
professional consultant.
5.
Board of Supervisors Action; Standards for Approval. The Board of
Supervisors may approve a waiver application if the applicant proves
all of the following:
A.
The proposed area of earth disturbance is less than one acre; provided, however, such limitation shall not apply to a request for a waiver from the provisions of Part 5 (Design Criteria) of this chapter.
B.
The application originated with the landowner and accompanies a stormwater
management site plan submitted to the Township.
C.
The literal enforcement of the subject section(s) of this chapter
will exact undue hardship because of unique physical circumstances
or conditions peculiar to the land in question. This requisite hardship
must be due to such unique physical circumstances or conditions and
not to circumstances or conditions generally created by the provisions
of this chapter. Cost or financial burden shall not be considered
the requisite hardship.
D.
The waiver of the subject section(s) of this chapter will not be
contrary or detrimental to the public interest and will achieve the
intended outcome.
E.
The purpose of this chapter is preserved.
F.
The requested waiver will not substantially or permanently impair
the appropriate use or development of adjacent property.
[Ord. No. 187, 11/30/2018]
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.
[Ord. No. 187, 11/30/2018]
1.
For regulatory purposes, the degree of stormwater management sought
by the provisions of this chapter is considered reasonable. This chapter
shall not impose upon the Township any legal duty in addition to those
duties otherwise imposed under the Stormwater Management Act[1] upon the Township, any appointed or elected official,
employee or representative of the Township. It is not the intention
of the Township to guarantee the elimination of harm resulting from
stream flow, floods, rain, snow, or stormwater runoff; or erosion
resulting therefrom. It is the intention of the Township to create
reasonable stormwater management regulations which balance several
competing interests in an appropriate fashion with the emphasis on
public safety.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
2.
This chapter does not imply that areas within or outside any identified
flood-prone area will be free from flooding or flood damages.
3.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by the Township or 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 person or property.
4.
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, employee, or consultant
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 the Township, or an official, employee, or consultant
thereof, for any damage that may result pursuant thereto.
