This chapter shall be known and may be cited as "The East Hempfield
Township Stormwater Management (SWM) Ordinance."
The Board of Supervisors of East Hempfield 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 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 SWM, 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 East Hempfield Township and all the people of the Township and
all of 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. 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 Municipal
Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
E. Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion (DEP Riparian Forest Buffer Guidance,
November 27, 2010).
The purpose of this chapter is to promote health, safety, and welfare within East Hempfield Township by minimizing the harms and maximizing the benefits described in §
260-2 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 the natural drainage systems as much as practicable.
C. Manage stormwater runoff close to the source.
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 Management
Best Management Practices (SWM BMPs) that are implemented within the
municipality.
H. Provide standards to meet NPDES permit requirements.
I. Promote stormwater runoff prevention through the use of nonstructural
Best Management Practices (BMPs).
J. Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K. Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L. Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
A. This chapter applies to any regulated earth-disturbance 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 requirments; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
C. The provisions, regulations, limitations, and restrictions of this
chapter governing maintenance of SWM facilities shall apply to all
SWM facilities existing on the date of this chapter or installed after
the date of this chapter and shall apply to all persons responsible
for maintenance of such SWM facilities and all persons who own or
occupy the land upon which such SWM facilities are located.
D. The provisions, regulations, limitations and restrictions of this
chapter governing grading, erosion and sedimentation control, excavation
and other earth-disturbance activities shall apply to all persons
performing any such activities within the Township and to all landowners
of lots upon which such activities are performed.
E. No person shall use or modify any land or watercourse, and no person
shall disturb, move, strip or modify the earth, and no person shall
build, install or extend any structure or other impervious surface
or semi-impervious surface without full compliance with the terms
of this chapter and other applicable regulations.
F. It shall be the responsibility of the developer and, if different,
the landowner, to ensure that all contractors, agents or other persons
comply with all requirements of the chapter and with any approved
SWM site plan or stormwater management permit.
Any other ordinance, provision(s) or regulation of the Township
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
A. Except as otherwise required by law, this chapter is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Board of Supervisors,
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Board of Supervisors
that all provisions of this chapter shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances or parts of ordinances inconsistent with the provisions
of this chapter are hereby repealed. It is expressly provided that
the provisions of this chapter shall not affect any act done, contract
executed or liability incurred prior to its effective date, or affect
any suit or prosecution pending or to be instituted to enforce any
rights, rule, regulation or ordinance, or part thereof, or to punish
any violation which occurred under any prior stormwater regulation
or ordinance. In the event any violation has occurred under any prior
stormwater regulation or ordinance of East Hempfield Township, prosecution
may be initiated against the alleged offender pursuant to the provisions
of said prior stormwater regulation or ordinance, and the provisions
and penalties provided in said prior stormwater regulation or ordinance
shall remain effective as to said violation.
B. Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto.
Should any section, provision or part thereof of this chapter
be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance.
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 need be taken by a board, agency or employee
of the municipality purporting to validate such a violation.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the Township or any of its officials or employees shall
not constitute a representation, guarantee or warranty of any kind
by the Township of the practicability or safety of any proposed structure
or use with respect to damage from erosion, sedimentation, stormwater
runoff, flood, or any other matter, and shall create no liability
upon or give rise to any cause of action against the Township and
its officials and employees. The Board of Supervisors of East Hempfield
Township, by enacting and amending this chapter, does not waive or
limit any immunity granted to the Township and its officials and employees
by the Governmental Immunity Act, 42 Pa.C.S. § 8541 et seq.,
and does not assume any liabilities or obligations.
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.
Any person or entity owning or occupying a premises through
which the MS4 passes, or conducts activities subject to this chapter
in which the MS4 passes or receives drainage from the site in which
the activities are subject to this chapter, shall:
A. Keep and maintain that part of the premises reasonably free of trash,
debris, sediment, and other obstacles which may pollute, contaminate,
or retard the flow of water to or through the MS4.
B. Maintain existing structures within or adjacent to the MS4 so that
those structures will not become a hazard to the use, function, or
physical integrity of the MS4.
C. Protect inlets or other entry points to the MS4 to the maximum extent
practicable in which activities, equipment, or materials could result
in the discharge of a pollutant or a nonstormwater discharge.
Any person or entity engaged in activities which may result
in discharges to the MS4 shall, to the maximum extent practicable,
undertake all measures to reduce the risk of nonstormwater discharges
and polluted discharges. The following requirements shall apply:
A. Every person or entity undertaking an activity or use of a premise
that may cause contribute to stormwater pollution or contamination,
illicit discharges, or nonstormwater discharges to the MS4 shall implement
structural and/or nonstructural BMPs to reduce or prevent a polluted
discharge. BMPs shall be maintained routinely throughout the life
of the activity.
If the Township determines that any requirement under this chapter
cannot be achieved for a particular regulated activity, the Township
may, after an evaluation of alternatives, approve measures other than
those in this chapter, subject to the following:
A. Waivers or modifications of the requirements of this chapter may
be approved by the Township if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the ordinance is preserved. Cost
or financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement to the maximum extent practicable of the
purpose of the ordinance. A request for modifications shall be in
writing and accompany the stormwater management site plan submission.
The request shall provide the facts on which the request is based,
the provision(s) of the chapter involved and the proposed modification.
B. No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Board unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the Lancaster County Conservation
District.