[Ord. No. 2023-1, 1/11/2023]
1. The Board of Supervisors of the Township 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 which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D. The use of green infrastructure and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to: 1) infiltrate and recharge; 2) evapotranspire; and/or 3) 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).
[Ord. No. 2023-1, 1/11/2023]
1. The purpose of this chapter is to promote health, safety, and welfare within the Township by minimizing the damages described in §
101, Subsection
1A, of this chapter through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations under 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 possible.
C. Manage stormwater runoff close to the source, reduce runoff volumes,
and mimic predevelopment hydrology.
D. Provide procedures and performance standards for stormwater planning
and management.
E. Maintain groundwater recharge to prevent degradation of surface water
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 permanent SWM best
management practices (BMPs) that are implemented within the Township.
H. Provide standards to meet NPDES permit requirements.
[Ord. No. 2023-1, 1/11/2023]
1. Primary Authority. The Township is empowered to regulate these activities
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, and the Code of the Township of Kingston.
2. Secondary Authority. 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, No. 247, the Pennsylvania Municipalities Planning
Code, as amended.
[Ord. No. 2023-1, 1/11/2023]
1. This chapter shall only apply to permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities are specifically not regulated
by this chapter, but shall continue to be regulated under existing
laws and ordinances. This chapter contains only the stormwater management
performance standards and design criteria that are necessary or desirable
from a watershed-wide perspective. Local stormwater management design
criteria (e.g., inlet spacing, inlet type, collection system design
and details, outlet structure design, etc.) shall continue to be regulated
by the applicable Township ordinances or at the Township Engineer's
discretion.
2. All regulated activities and all activities that may affect stormwater
runoff, including land development and earth disturbance activity,
are subject to regulation by this chapter.
3. The following activities are defined as "regulated activities" and
shall be regulated by this chapter:
C. Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
D. Construction of new buildings or additions to existing buildings.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater management facilities or appurtenances
thereto.
G. Any earth disturbance activities or any activities that involve the
alteration or development of land in a manner that may affect stormwater
runoff.
H. Activity involving earth disturbance subject to regulation under
25 Pa. Code Chapters 92a and 102 or the Clean Streams Law.
4. Pennsylvania Department of Transportation (PennDOT) roadway projects
will perform stormwater management consistent with Publication 13M
(Design Manual-2), Chapter 13.7, Antidegradation and Post Construction
Stormwater Management Policy.
[Ord. No. 2023-1, 1/11/2023]
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.
[Ord. No. 2023-1, 1/11/2023]
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.
[Ord. No. 2023-1, 1/11/2023]
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
[Ord. No. 2023-1, 1/11/2023]
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 Township purporting to validate such a violation.
[Ord. No. 2023-1, 1/11/2023]
1. 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 § 109, Subsections
2 and
3.
2. 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 chapter 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 of the purpose of the chapter. 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.
3. No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Township unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.