This chapter shall be known and may be cited as the "Upper Makefield
Township Stormwater Management and Grading Ordinance."
The Upper Makefield Township Board of Supervisors finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development and redevelopment throughout a watershed increases
flood 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 convey and manage stormwater,
undermines floodplain management and flood reduction efforts in upstream
and downstream communities, reduces groundwater recharge, and threatens
public health and safety.
B. Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion
of streambeds and streambanks, thereby elevating sedimentation), destroying
aquatic habitat, and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals, and pathogens.
C. A comprehensive program of stormwater management (SWM), including
reasonable regulation of development and activities causing accelerated
runoff, 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.
D. Stormwater is an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E. Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydraulic regime and sustain high
water quality, groundwater recharge, stream base flow and aquatic
ecosystems. The cost-effective and environmentally advantageous way
to manage stormwater runoff is through nonstructural project design
that minimizes impervious surfaces and sprawl, avoids sensitive areas,
i.e., stream buffers, floodplains, steep slopes, and considers topography
and soils to maintain the natural hydrologic regime.
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G. Federal and state regulations require Upper Makefield Township to
implement a program of stormwater controls. Upper Makefield Township
is required to obtain a permit for stormwater discharges from their
separate storm sewer systems under the National Pollutant Discharge
Elimination System (NPDES).
The purpose of this chapter is to promote the public health,
safety, and welfare within the Township by maintaining the natural
hydrologic regime and by minimizing the harms and maximizing the benefits
described in this chapter, through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
commonwealth.
B. Minimize increases in stormwater volume and control peak flows.
C. Minimize impervious surfaces.
D. Provide review procedures and performance standards for stormwater
planning and management.
E. Preserve the natural drainage systems as much as possible.
F. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
G. Focus on infiltration of stormwater to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality, and to
otherwise protect water resources.
H. Preserve and restore the flood-carrying capacity of streams.
I. Prevent scour and erosion of streambanks and streambeds.
J. Provide standards to meet National Pollutant Discharge Elimination
System (NPDES) permit requirements.
K. Address certain requirements of the Municipal Separate Stormwater
Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. Provide for proper operation and maintenance of all stormwater management
facilities and best management practices (BMPs) that are implemented
in the municipality.
The Township is empowered to regulate land use activities that
affect runoff, surface, and groundwater quality and quantity by the
authority of:
A. Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. Second Class Township Code (Act 69 of 1933, P.L. 103; 53 P.S. § 65101,
as amended).
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. To the extent that this chapter imposes more rigorous
or stringent requirements for stormwater management, the specific
requirements contained in this chapter shall be followed.
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.