(a) Purposes. These regulations are adopted and implemented to achieve the following general purposes and objectives:
(1) To control accelerated and/or redirected runoff and erosion and sedimentation problems at their source by regulating activities which cause such problems.
(2) To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.
(3) To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
(4) To provide for adequate maintenance of all permanent stormwater management structures in the Municipality.
(b) Applicability. The following activities are included within the scope of this chapter:
(1) Subdivision;
(2) Land development;
(3) Earthmoving involving one or more acres;
(4) Agricultural operations;
(5) Construction of new or additional impervious or semi-pervious surfaces (driveways, parking lots, etc.);
(6) Forest management operations;
(7) Nursery operations;
(8) Diversion of piping of any natural or man-made stream channel;
(9) Installation of stormwater systems or appurtenances;
(10) Mining operations; and
(11) Other activities which produce the effect of altering existing runoff; rates and/or patterns so as to materially affect downstream persons or properties.
(c) Liability Disclaimer.
(1) Neither the granting of any approval under the stormwater management provisions of this chapter, nor compliance with the provisions of this chapter, or with any condition imposed by a Municipal official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Municipality for damages to persons or property.
(2) The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Municipality, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.
(Ord. 14-91. Passed 8-28-91.)