ARTICLE I - GENERAL PROVISIONS

 


SECTION 101. STATEMENT OF FINDINGS
SECTION 102. PURPOSE
SECTION 103. STATUTORY AUTHORITY
SECTION 104. APPLICABILITY  

 

 

SECTION 101. STATEMENT OF FINDINGS

The Commissioners of Aston Township find 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, 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 of the people of the Commonwealth, their resources, and the environment.

SECTION 102. PURPOSE

The purpose of this Ordinance is to : 

A.          Promote health, safety, and welfare within the Township;

B.          Implement the requirements of the Chester Creek 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 Section 101.A of this Ordinance through provisions designed to: 

A.         Manage accelerated runoff, erosion, and sedimentation problems at their source by regulating activities that cause these problems. 

B.          Utilize and preserve the existing natural drainage systems. 

C.          Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality. 

D.          Maintain existing flows and quality of streams and watercourses in the Municipality and the Commonwealth. 

E.           Preserve and restore the flood-carrying capacity of streams. 

F.          Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Municipality. 

G.         Provide performance standards and design criteria for watershed-wide stormwater management and planning.  

 

 

Section 103. STATUTORY AUTHORITY

The Municipality is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, 32 P.S., P.L. 864 (Act 167), Section 680.1 et seq., as amended, the “Storm Water Management Act,” the Pennsylvania Municipalities Planning Code, Act 247, as amended, and the Aston Township Subdivision and Land Development Ordinance.  

 Section 104. APPLICABLITY

This Ordinance shall apply to those areas of the Municipality that are located within the Chester Creek watershed, as delineated in the Chester Creek Stormwater Management Plan, which is hereby adopted as part of this Ordinance.

 This Ordinance shall only apply to permanent stormwater management facilities constructed as part of any of the regulated activities listed in this section.  Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this Ordinance but shall continue to be regulated under existing laws and ordinances.

 This Ordinance 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 or at the municipal Engineer’s discretion.

 The following activities are defined as “Regulated Activities” and shall be regulated by this Ordinance:

 A.     Land development and/or redevelopment.

B.     Subdivision.

C.    Construction of new or additional impervious or semi-pervious surfaces (driveways, parking lots, etc.).

D.    Construction of new buildings or additions to existing buildings.

E.     Diversion or piping of any natural or man-made stream channel.

F.     Installation of stormwater management facilities or appurtenances thereto.

G.    Placement of fill material.