This chapter shall be known as the "East Cocalico Township Stormwater Management and Earth Disturbance Ordinance of 2022."
The East Cocalico 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 reasonable 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 and low-impact development (LID) is intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to i) infiltrate and recharge, ii) evapotranspire, and/or iii) 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.
A. 
The purposes of this chapter are to promote the general health, safety, and welfare of the community; regulate the modification of the natural terrain and alterations of existing drainage from earth disturbances, new subdivisions, and new land developments in order to control erosion and sedimentation of soils, manage stormwater runoff close to the source, reduce runoff volumes, maintain groundwater recharge to prevent degradation of surface water and groundwater quality and to otherwise protect water resources, and preserve stream channels and water quality, and provide design, construction and maintenance, and storm drainage facilities for controlling stormwater, erosion, and sedimentation and maintaining the quality of the watersheds within the Township.
B. 
In the enactment of this chapter, it is the legislative intent of the Township Board of Supervisors to implement the policies set forth in various statutes of the state and federal governments, including but not limited to the Pennsylvania Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. § 691.1 et seq.; 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 Pennsylvania Scenic Rivers Act, Act of December 5, 1972, P.L. 1277, No. 283, 32 P.S. § 820.21 et seq.; and the Federal Water Pollution Control Act, commonly known as the "Clean Water Act," 33 U.S.C. § 1251 et seq.
C. 
In the enactment of this chapter it is the further legislative intent of the Township Board of Supervisors to fulfill its obligations under Section 11(b) of the Pennsylvania Storm Water Management Act to adopt and implement ordinances and regulations as are necessary to regulate development within the Township in a manner consistent with a watershed stormwater management plan approved by the PADEP. The PADEP has approved Act 167 watershed stormwater management plans for the Cocalico Creek and Conestoga River watersheds located within the Township. Any stormwater management plan proposed within the Cocalico Creek watershed, Conestoga River watershed or a future Act 167 watershed shall comply with the respective Act 167 watershed stormwater management plan as may be adopted by the Lancaster County Board of Commissioners and be considered as part of this chapter.
The Board of Supervisors of East Cocalico Township, pursuant to the Pennsylvania Storm Water Management Act, Act No. 167 of October 4, 1978 (P.L. 864), and the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, as reenacted and amended November 9, 1995, P.L. 350, No. 60, as amended, 53 P.S. § 65101 et seq., hereby enacts and ordains this chapter as the East Cocalico Township Stormwater Management and Earth Disturbance Ordinance of 2022. This chapter shall apply to all regulated activities as defined in § 185-8 of this chapter.
Within that portion of the Township located in any future Act 167 watershed plan, any ordinance or provision of any ordinance which is inconsistent with the provisions of this chapter is hereby repealed to extent of the inconsistency only. Within the remainder of the Township, this chapter supersedes any provisions currently in effect with respect to stormwater management and erosion control; all other ordinances and regulations shall remain in full force and effect to the extent that those provisions are more restrictive than the provisions of this chapter.
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, by enacting 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.A. § 8541 et seq., and does not assume any liabilities or obligations.
A. 
Upon presentation of proper credentials, duly authorized representatives of East Cocalico Township may enter at reasonable times upon any property within the Township to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
B. 
The landowner shall grant to the Township, or its agents, access to the site of the work at all times, while under construction, for the purpose of inspecting or observing the work.
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.
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 municipality purporting to validate such a violation.
Permits and 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. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply.