The governing body of the municipality 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 reduction efforts in upstream and downstream communities, reduces groundwater recharge, increases the thermal impacts to receiving waters, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and all the people of the commonwealth, their resources, and the environment.
C. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface and groundwater quality.
D. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow and aquatic ecosystems. The most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
E. 
To effectively monitor the maintenance of base flow within the watershed, a tracking of consumptive use including stormwater discharges and groundwater withdrawals is critical to complying with anti-degradation, the Act's goals and policies, and the regulatory requirement to maintain base flow and stream health.
F. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.
G. 
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 pre-development hydrology.
H. 
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 purpose of this chapter is to promote the public health, safety, and welfare within the Broadhead/McMichael Creek Watersheds by maintaining the natural hydrologic regime by minimizing the impacts described in § 365-1 of this chapter through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface water and groundwater.
B. 
Promote nonstructural BMPs.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems during construction.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing baseflow and quality of streams and watercourses in the municipality and the commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide proper operation and maintenance of all stormwater best management practices (BMPs) that are implemented within the municipality.
L. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
M. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this Commonwealth.
N. 
Prevent scour and erosion of stream banks and streambeds.
O. 
Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities that affect runoff, surface and groundwater quality and quantity by the authority of the Act of October 4, 1978, P.L. 864, No. 167, known as the "Storm Water Management Act" (hereinafter referred to as "the Act") found at 32 P.S. § 680.1 et seq., as amended; the Act of December 16, 2002, P.L. 1776, No. 220, pertaining to water resources planning, found at 27 Pa.C.S.A. § 3101 et seq., and the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,[1] all as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This chapter shall apply to those areas of the municipality that are located within the Brodhead/McMichael Creek Watershed, as delineated in Appendix B, which is hereby adopted as part of this chapter.[1]
[1]
Editor's Note: Appendix B, the map of the watershed, is on file in the Township offices.
B. 
This chapter shall only apply to permanent nonstructural and structural stormwater management best management practices (BMPs) constructed as part of any of the regulated activities listed in this section. The Pennsylvania Department of Environmental Protection, Bureau of Watershed Management Document Number 363-0300-002, entitled "Pennsylvania Stormwater Best Management Practices Manual" (BMP Manual), effective as of December 30, 2006 (as amended), is incorporated herein by reference.
C. 
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 municipal ordinances and applicable state regulations.
D. 
The municipality may, after consultation with DEP, approve alternative methods for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with state law, including but not limited to the Clean Streams Law[2] and the BMP Manual as revised.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivisions.
(3) 
Alteration of the natural hydrologic regime.
(4) 
Construction of/or additional impervious or semipervious surfaces (driveways, parking lots, roads).
(5) 
Construction of new buildings or additions to existing buildings.
(6) 
Redevelopment of a site which will increase runoff or change a discharge point. Any redevelopment that does not increase the runoff must still comply with § 365-10, Water quality and stream-bank erosion, and § 365-11, Groundwater recharge, infiltration and bioretention.
(7) 
Diversion piping or encroachments in any natural or man-made channel.
(8) 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
(9) 
Stream enhancement or restoration projects.
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 sediment pollution control or activities in wetlands, lakes, ponds or streams are contained in any other code, rule, act or ordinance, the more stringent regulation shall apply.