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.
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.
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.