[Amended 9-9-2024 by Ord. No. 370]
The governing body of Harris Township finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases runoff volumes, 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 carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
C. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.
D. 
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 predevelopment hydrology.
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 separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES) program.
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. 
Preserve natural drainage systems.
C. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
D. 
Provide procedures and performance standards for stormwater planning and management.
E. 
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
F. 
Prevent scour and erosion of stream banks and streambeds.
G. 
Provide proper operation and maintenance of all stormwater best management practices (BMPs) that are implemented within the municipality.
H. 
Provide standards to meet NPDES permit requirements.
The Township is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm Water Management Act, and the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.).
A. 
This chapter shall apply to all land and watercourses within Harris Township.
B. 
This chapter shall only apply to permanent stormwater management facilities and BMPs constructed as part of any of the regulated activities listed in this section and to the ownership and maintenance of said facilities and BMPs. Stormwater management and erosion and sediment pollution control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
C. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development;
(2) 
Subdivision;
(3) 
Construction of new or additional impervious or semi-pervious surfaces (roadways, driveways, parking lots, etc.);
(4) 
Construction of new buildings or additions to existing buildings;
(5) 
Diversion or piping of any natural or man-made stream channel;
(6) 
Installation of stormwater management facilities or appurtenances thereto; and
(7) 
Land disturbance.
Any ordinance or ordinance provision of the Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
Should any section or provision 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 comply with or to secure required permits or approvals for activities regulated by any other applicable codes, rules, statutes, or ordinances.
The granting of any exemption, permit, or approval by the Township does not relieve the applicant from assuring that stormwater runoff from the development site will not cause injury or damage to other persons or property.
A. 
Activities identified below are exempt from the requirement to submit a stormwater management site plan to the Township for review. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. This exemption shall not relieve the applicant from meeting the special requirements for water quality and groundwater recharge for high-quality (HQ) and exceptional-value (EV) watersheds (DEP Chapter 93 and anti-degradation requirement) and § 13-3.4C and E of this chapter relative to recharge and water quality volume requirements.
(1) 
All development activities having impervious surface or land disturbance of less than 10% of the total site area up to a maximum impervious area of 5,000 square feet. However, adequate and safe conveyance of stormwater from the site must be provided. For developments that are to be constructed in phases, the sum of all final phases must be considered in establishing exemption eligibility. Impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks or bikeways.
(2) 
Land disturbance associated with the construction or alteration of one- and two-family dwellings, provided that the disturbance does not alter any stormwater condition beyond the boundaries of the lot or alter provisions of a previously approved stormwater management site plan for the lot or encompassing subdivision. Multiple-lot (greater than two) subdivisions cannot be exempted.
(3) 
Any site less than one acre in size that decreases the total site impervious area following development and:
(a) 
Is not located within a recognized sensitive area (as defined in Article II, Terminology, of this chapter);
(b) 
Is not defined as a water quality sensitive (WQS) development (as defined in Article II, Terminology, and Appendix B, Watershed Maps[1]); or
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
Is not located in an area where existing downstream stormwater problems are known to occur (the Township Engineer shall make the final determination as to preexisting problems, but the Township must have supporting documentation of past problems).
(4) 
In addition, the Township Engineer may waive the requirement to prepare a stormwater management site plan for sites larger than 1.0 acre for which the overall site impervious area is being decreased and which meets the other conditions identified above.
(5) 
Agriculture and silviculture activities as defined in this chapter that are conducted according to requirements of 25 Pa. Code Chapter 102.
B. 
The diversion or piping of any natural or man-made stream channel and/or for the installation of stormwater management facilities or modifications thereto cannot be exempted. These activities always require the submission of a stormwater management site plan. The exemptions in Subsection A(2) and (3) cannot be combined for use with small residential subdivisions.
C. 
In addition to the general exemptions identified above, exemptions for specific technical criteria are identified where applicable in Article III.
D. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
The degree of stormwater management sought by the provisions of this chapter is considered reasonable for regulatory purposes. This chapter shall not create liability on the part of the Township, any appointed or elected official of the Township, the Centre County Conservation District, or any officer, engineer, or employee thereof for the erosion, sedimentation, or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
Any approval 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 approval 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.