This chapter shall be known and cited as "The
Brecknock Township Stormwater Management Ordinance of 2006."
The governing body of Brecknock Township finds
that:
A.
Inadequate management of accelerated stormwater runoff
resulting from development throughout a watershed may increase flood
flows and velocities, may contribute to erosion and sedimentation,
may overtax the carrying capacity of existing streams and storm sewers,
may greatly increase the cost of public facilities to convey and manage
stormwater, may undermine floodplain management and flood reduction
efforts in upstream and downstream communities, may reduce groundwater
recharge, and may threaten 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 Township and all
the people of the commonwealth, their resources, and the environment.
C.
Through project design, impacts from stormwater runoff
may 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., stream buffers, floodplains, steep slopes), and designing to
topography and soils to maintain the natural hydrologic regime.
D.
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.
[Added 4-8-2014 by Ord.
No. 198-2014]
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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
[Added 4-8-2014 by Ord.
No. 198-2014]
F.
Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion (DEP Riparian Forest Buffer Guidance,
November 27, 2010).
[Added 4-8-2014 by Ord.
No. 198-2014]
The purpose of this chapter is to:
A.
Promote health, safety, and welfare within Brecknock
Township;
B.
Implement the requirements of the Conestoga River
Watershed Stormwater Management Plan; and
C.
Implement the requirements of the National Pollutant Discharge Elimination System Phase II (NPDES II); by minimizing the damages described in § 93-2A of this chapter through provisions designed to:
(1)
Manage accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems.
(2)
Utilize and preserve the existing natural drainage
systems within the Township.
(3)
Encourage recharge of groundwater where appropriate
and prevent degradation of groundwater quality.
(4)
Maintain the existing flows and quality of watercourses
in the Township and the commonwealth.
(5)
Preserve and restore the flood-carrying capacity of
watercourses.
D.
Provide performance standards and design criteria
for watershed-wide stormwater management and planning. This chapter
does not imply that areas within or outside any identified flood-prone
area will be free from flooding or flood damage.
E.
Ensure performance standards and design criteria for
watershed-wide stormwater management and planning.
F.
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.
[Added 4-8-2014 by Ord.
No. 198-2014]
G.
Prevent scour and erosion of stream banks and streambeds.
[Added 4-8-2014 by Ord.
No. 198-2014]
H.
Provide proper operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within the
Township.
[Added 4-8-2014 by Ord.
No. 198-2014]
I.
Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
[Added 4-8-2014 by Ord.
No. 198-2014]
J.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
[Added 4-8-2014 by Ord.
No. 198-2014]
K.
Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
[Added 4-8-2014 by Ord.
No. 198-2014]
L.
Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
[Added 4-8-2014 by Ord.
No. 198-2014]
The Board of Supervisors of Brecknock Township
is empowered to regulate land use activities that affect runoff by
authority of the Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167),
§ 680.1 et seq., as amended, the "Stormwater Management
Act," the Pennsylvania Municipalities Planning Code Act of July 31,
1968 (Act 247), as reenacted and amended, and pursuant to the express
and implied powers granted to the Board of Supervisors under the Second
Class Township Code Act of May 1, 1933, P.L. 103, No. 69, reenacted
and amended November 9, 1995, P.L. 350, No. 60, as amended.
[Amended 4-10-2007 by Ord. No. 161; 4-9-2013 by Ord. No. 187-2013; 4-8-2014 by Ord. No. 198-2014]
[Amended 4-8-2014 by Ord.
No. 198-2014]
A.
For any of the activities regulated by this chapter, the final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, or the commencement of any land disturbance activity may not proceed until the property owner or developer or his/her agent has received written approval of a stormwater management site plan from Brecknock Township. The costs of preparing the plans and calculations and relevant materials in accordance with this chapter, review of the plans, calculations and documentation, administration by the Township, inspection of the installation and maintenance, permit fees and any other related services and fees shall be borne by the applicant. Additional information regarding the fees and expenses is covered in Article VI.
B.
Notwithstanding any provision(s) of this chapter, including exemptions,
any landowner or any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall implement
such measures as are reasonably necessary to prevent injury to health,
safety, or other property. Such measures also shall include actions
as are required to manage the rate, volume, direction, and quality
of resulting stormwater runoff in a manner which otherwise adequately
protects health, property, and water quality.
C.
Erroneous permit. 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.
Any provisions of any ordinance of the Township
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistency only.
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.
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.
The making of an administrative decision shall
not constitute a representation, guarantee, or warranty of any kind
by Brecknock Township or by any official or employee thereof, of the
practicability or safety of any proposed structure or use with respect
to damage from erosion, sedimentation, stormwater runoff or floods,
and shall create no liability upon, or cause of action against, the
Township, its officials or employees. The Board of Supervisors, by
enacting and amending 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.
