This chapter shall be known and may be cited as the Lower Paxton
Township Stormwater Management Ordinance.
The Board of Supervisors of Lower Paxton Township finds that:
A.
Inadequate management of accelerated stormwater runoff
resulting from development throughout a watershed increases flood
flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of existing streams and storm sewers, greatly
increases the cost of public facilities to convey and manage stormwater,
undermines floodplain management and flood-reduction efforts in upstream
and downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases non-point-source pollution
of water resources.
B.
A comprehensive program of stormwater management, including
reasonable regulation of land development and redevelopment (that
may cause loss of natural infiltration or accelerated erosion) is
fundamental to the public health, safety, welfare, and the protection
of the people of the Township and all the people of the Commonwealth
of Pennsylvania, their resources, and the environment.
C.
Stormwater can 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.
D.
Public education on the control of pollution from stormwater
is an essential component in successfully addressing stormwater.
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) stormwater program.
F.
Implement an "illegal discharge detection and elimination
program" within MS4 permitted urbanized areas to address nonstormwater
discharges into the Township's separate storm sewer system.
The purpose of this chapter is to promote public health, safety,
and welfare within the Township and its watersheds by minimizing the
harms and maximizing the benefits through stormwater management provisions
designed to:
A.
Manage accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems.
B.
Provide review procedures, performance standards, and design
criteria for watershed-wide stormwater planning and management.
C.
Promote the utilization and preservation of existing natural
drainage systems.
D.
Manage stormwater impacts close to the runoff source, which
requires a minimum of structures and a maximum use of natural processes.
E.
Focus design and planning 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
in the Township and the commonwealth.
G.
Meet legal water quality requirements under state law,
including regulations at Pennsylvania Code, Title 25. Environmental
Protection, 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 best management practices (BMPs) that are implemented
in the Township.
J.
Provide a mechanism to identify controls necessary to meet
the NPDES permit requirements.
K.
Implement an "illicit discharge detection and elimination
program" to address nonstormwater discharges that may enter into the
Township's separate storm sewer system.
L.
Preserve and restore the flood-carrying capacity of streams
and permit the unimpeded flow of natural watercourses.
M.
Ensure the drainage of all low points along the streets
and other applicable areas and provide positive drainage away from
all structures.
A.
The Township is empowered to regulate land use activities
that affect runoff 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."
B.
The Township also is empowered to regulate land use activities
that affect runoff by the authority of the Act of July 31, 1968, P.L.
805, (Act 247), the Pennsylvania Municipalities Planning Code, as
amended by Act 170 of December 21, 1988, and Act 131 of December 14,
1992.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Chapter 102 of the Rules and Regulations of the Department
of Environmental Protection imposes requirements on earthmoving activities
which create accelerated erosion or a danger of accelerated erosion
and which require planning and implementation of effective soil conservation
measures.
A.
This chapter shall apply to any "regulated activities"
within the Township and all stormwater runoff entering into the Township's
separate storm sewer system from lands within the boundaries of the
Township.
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.
All earth disturbance activity and all subdivision and
land development applications duly filed under this chapter are defined
as "regulated activities" and shall be regulated by this chapter.
(1)
"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. "Regulated
activities" include, but are not limited to, the following listed
items:
(a)
Earth disturbance activities.
(b)
Land development.
(c)
Subdivision.
(d)
Construction of new or additional impervious or
semipervious surfaces.
(e)
Construction of new buildings or additions to
existing buildings.
(f)
Diversion or piping of any natural or man-made
stream channel.
(g)
Installation of stormwater management facilities
or appurtenances thereto.
(h)
Installation of stormwater BMPs.
Any ordinance, ordinance provision(s), or regulation of the
Township inconsistent with any of the provision(s) 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(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.
The degree of stormwater management sought by the provisions
of this chapter is considered reasonable for regulatory purposes.
This chapter shall not create liability on the part of the Township,
any appointed or elected official of the Township, the Dauphin County
Conservation District, or any officer, engineer, or employee thereof
for any erosion, sedimentation, or flood damages that result from
reliance on this chapter or any administrative decision lawfully made
thereunder.
