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, all as amended.
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.