Part 1
General Provisions
§23-101 Short Title.
This Chapter shall be known, and may be cited, as the “Wolf Township Stormwater Management Ordinance.”
(Ord. 2013-02, 9/9/2013, Art. I, §1)
§23-102 Authority.
The Second Class Township Code, as amended, empowers Townships of the Second Class to enact stormwater management ordinances; and to regulate activities that affect public health, safety, and welfare. Act 247 of July 31, 1968, the Pennsylvania Municipalities Planning Code, as amended, authorizes the governing body of each municipality to regulate development within the municipality. In addition and where applicable, Act 167 of October 4, 1978, the Stormwater Management Act, authorizes the regulation of land and water use for flood control and stormwater management purposes, imposing duties and conferring powers on the Pennsylvania Department of Environmental Protection, municipalities, and counties.
(Ord. 2013-02, 9/9/2013, Art. I, §2)
§23-103 Statement of Findings.
The Wolf Township Board of Supervisors finds that:
A. Federal and State regulations require this Municipality to obtain a permit for discharges from its MS4 and to implement a program of stormwater controls.
B. Inadequate maintenance of stormwater best management practices (BMPs) causes loss of water quality, flooding, and other problems.
C. A program of reasonable regulation of connections and discharges to Municipal stormwater management facilities will be beneficial.
D. Stormwater is an important resource.
(Ord. 2013-02, 9/9/2013, Art. I, §3)
§23-104 Purpose.
This Chapter is enacted for the following purposes:
A. To manage accelerated stormwater runoff problems at their source by regulating activities which cause such problems, to utilize and preserve desirable existing natural drainage systems, to encourage recharge of groundwater, to prevent the deterioration of groundwater quality, to maintain the existing flows and quality of streams and watercourses in the Municipality, to preserve and restore the flood carrying capacity of streams, to meet NPDES MS4 permit requirements, to meet State water quality requirements, to reduce accelerated erosion, to reduce scour, to reduce aggradation and degradation, and to provide procedures and standards for proper operation and maintenance of stormwater management BMPs.
B. To provide minimum standards for the design, installation, and maintenance of all permanent stormwater management structures constructed in the Municipality.
C. To assure, at a minimum, that the peak rate of stormwater runoff (peak discharge) is no greater after development than prior to development within the Municipality.
D. To minimize danger to public health and safety and damages to property by providing for management of stormwater runoff.
(Ord. 2013-02, 9/9/2013, Art. I, §4)
§23-105 Applicability.
This Chapter shall apply to:
A. All activities involving the alteration or development of land that may impact stormwater runoff characteristics.
B. All activities related to proper operation and maintenance of stormwater management facilities and BMPs.
C. All activities that may contribute non-stormwater discharges to the Municipality's regulated small MS4.
D. The installation of stormwater systems or appurtenances thereto.
(Ord. 2013-02, 9/9/2013, Art. I, §5)
§23-106 Compatibility.
Permits and approvals issued pursuant to this Chapter do not relieve the applicant/developer 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 pertaining to the regulation of stormwater are contained in any other act, code, ordinance, or rule, the more stringent requirements shall apply.
(Ord. 2013-02, 9/9/2013, Art. I, §7)
§23-107 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 Municipality purporting to validate such a violation.
(Ord. 2013-02, 9/9/2013, Art. I, §8)
§23-108 Definitions.
Definitions of terms used in this Chapter may be found in Part 5 of this Chapter.
(Ord. 2013-02, 9/9/2013, Art. I, §9)
§23-109 References.
Specific methods and publications indicated in this Chapter shall, in all cases, refer to the latest available edition and include revisions or amendments thereto.
(Ord. 2013-02, 9/9/2013, Art. I, §10)
§23-110 Municipal Liability.
The degree of stormwater management sought by this Chapter is considered reasonable for regulatory purposes. This Chapter shall not create any liability on the part of the Municipality; any appointed or elected official of the Municipality; or any officer, engineer, or employee thereof for any damage(s) that may result from the application and/or enforcement of this Chapter.
(Ord. 2013-02, 9/9/2013, Art. I, §11)