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.
A. 
Primary authority. The Board of Supervisors of East Hempfield Township is empowered to regulate these activities by authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. Section 680.1, et seq., as amended, the "Storm Water Management Act"[1] and Act 394 of 1937, as amended, 35 P.S. Section 691.1 et seq. the Pennsylvania Clean Streams Law.[2] The Board of Supervisors of East Hempfield Township also is empowered to regulate land use activities that affect stormwater impacts by the authority of the Second-Class Township Code, Act of May 1,1933, (P.L. 103, No. 69), reenacted and amended November 9, 1995 (P.L. 350, No. 60), as amended.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
Secondary authority. The Board of Supervisors of East Hempfield 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, No. 247, The Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
A. 
A financial security (bond, restricted account or letter of credit) for stormwater related improvements shall be supplied by the developer in conjunction with the subdivision/land development approval, or in conjunction with the SWM site plan approval if no subdivision/land development plan is required.
B. 
The applicant shall provide a financial security to the Township for the timely installation and proper construction of all SWM facilities, including E&S BMPS, as required by the approved SWM site plan and this chapter and, as applicable, in accordance with the provisions of §§ 509, 510, and 511 of the MPC.
C. 
As the work of installing the required SWM facilities proceeds, the party posting the financial security may request the Governing Body to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors of East Hempfield Township, and the Board of Supervisors of East Hempfield Township shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors of East Hempfield Township that such portion of the work upon the SWM facilities has been completed in accordance with the approved SWM site plan. Upon such certification the Board of Supervisors of East Hempfield Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the SWM facilities completed. The Board of Supervisors of East Hempfield Township may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid SWM facilities.
D. 
In the event that any SWM facilities which may be required have not been installed as provided in the approved SWM site plan the Board of Supervisors of East Hempfield Township is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the SWM facilities covered by said security, the Board of Supervisors of East Hempfield Township may, at its option, install part of such SWM facilities and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the SWM facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the SWM facilities covered by such security, and not for any other Municipal purpose.
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.