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Second Class Township Code

 

Article XXVII

Storm Water Management Plans And Facilities

 

Section 2701. Storm Water Management Systems Authorized.

 

The board of supervisors may plan, design, construct, assemble, install and alter facilities, including, but not limited to, inlets, outlets, systems of piping, diversion terraces, grass waterways, energy dissipaters, storm water retention devices and natural or artificial infiltration areas, to manage surface water runoff.

 

Section 2702. Construction of Storm Water Management Facilities.

 

(a) The board of supervisors may acquire by purchase, deed of dedication or eminent domain proceedings all or part of any existing system or facility for the management of surface water runoff which may have been established or constructed by any property owner in the township or establish, construct and maintain systems or facilities in the best interest of the township.

 

(b) If the board of supervisors and the owners of systems can agree upon a price to be paid by the township, the purchase may be consummated if the amount to be paid does not exceed the actual value of the facilities to be transferred.

 

(c) If the board of supervisors acquires the system by the exercise of eminent domain, the damages shall be determined by viewers under this act for eminent domain proceedings.

 

Section 2703. System Management.

 

(a) When exercising the powers under this article, the board of supervisors shall manage storm water originating in or passing through the township in a manner which is consistent with the requirements of the act of October 4, 1978 (P.L. 864, No. 167), known as the "Storm Water Management Act," and the storm water management guidelines and any regulations which may be adopted by the Department of Environmental Protection.

 

(b) All storm water management activities undertaken must be consistent with any watershed storm water management plan when the plan has been approved by the Department of Environmental Protection.

 

(c) When storm water management activities are undertaken in watersheds for which there is no approved storm water management plan, all drawings, documents, profiles and designs and descriptions of the proposed activities to be undertaken by the township shall be submitted to the county conservation district for review and comment before the initiation of earthmoving activities. The conservation district shall have thirty days to review and respond with comments to the board of supervisors. Failure to respond within that time constitutes favorable comment by the conservation district.

 

Section 2704. Ordinances.

 

The board of supervisors may enact storm water management ordinances and require persons conducting earthmoving activities to obtain approval from the board of supervisors for those activities. Ordinances must be consistent with watershed storm water management plans where they exist and in all cases must be consistent with the act of October 4,1978 (P.L. 864, No. 167), known as the "Storm Water Management Act."