This chapter establishes rules, regulations,
and standards for regulating land use activities and associated stormwater
runoff within Lewisburg Borough, County of Union, Commonwealth of
Pennsylvania; sets forth the powers, duties and procedures to be followed
by the Borough in administering this chapter; and sets forth the penalties
for violation thereof.
This chapter shall be known as and may be referenced
and cited as the “Lewisburg Borough Stormwater Management Ordinance.”
The Borough 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 Stormwater Management Act. Stormwater management is also authorized
by the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
P.L. 805; P.S. § 10101, and by the Borough Code, Act 581
of 1965, P.L. 1656; 53 P.S. § 45101.
The Lewisburg Borough Council finds 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 Borough and all the
people of the Commonwealth, their resources, and the environment.
The purpose of this chapter is to promote health, safety and welfare within Lewisburg Borough by minimizing the damages described in § 290-4A of this chapter through provisions designed to:
A.
Manage accelerated runoff and erosion and sedimentation
problems at their source by regulating activities that cause these
problems.
B.
Promote the utilization and preservation of existing
natural drainage systems.
C.
Encourage groundwater recharge where appropriate and
prevent degradation of groundwater quality.
D.
Maintain existing natural flows of streams including
quantity, peak flows, flow type and quality.
E.
Preserve and restore flood-carrying capacity of streams.
F.
Provide for proper maintenance of all permanent stormwater
management facilities constructed in the Borough.
G.
Provide for the protection of wellhead areas and community
water supplies and protection of downstream properties from impacts
resulting from increased development.
H.
Provide performance standards and design criteria
for watershed-wide stormwater management and planning.
A.
This chapter shall apply in all watersheds within
Lewisburg Borough and shall only apply to permanent stormwater management
facilities constructed as part of any regulated activities listed
in this section. This chapter contains only the stormwater management
performance standards and design criteria that are necessary or desirable
from a watershed-wide perspective.
B.
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 (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.
A.
Any regulated activity on parcels generating less
than 5,000 square feet of total impervious area and less than 15,000
square feet of earth disturbance may be granted an exemption from
the provisions of this chapter. This criterion shall apply to the
total development even if development is to take place in phases.
The date of this chapter adoption shall be the starting point from
which to consider tracts as "parent tracts" in which future subdivisions
and respective impervious area computations shall be cumulatively
considered. Exemptions shall be at the discretion of the Municipal
Engineer upon review of site conditions, topography, soils and other
factors as deemed appropriate.
[Amended 11-15-2022 by Ord. No. 1069]
B.
Prior to the granting of an exemption, the applicant
must provide documentation that the increased flows from the site
leaves the site in the same manner as the pre-development condition,
and that there will be no adverse affects to properties along the
path of flow(s), or that the increased flow(s) will reach a natural
watercourse or an existing stormwater management structure before
adversely affecting any property along the path of the flow(s). This
documentation must include a signed statement by the landowner indicating
the total impervious area constructed since the date of adoption of
this chapter.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
act, code, law, ordinance, plan, policy, rule, regulation, or statute.
The granting of approval of a stormwater drainage
plan, stormwater management design, or any improvement installed as
a condition thereof, shall not constitute a representation, guarantee,
or warranty of any kind by Lewisburg Borough, or by any official,
employee, or appointee thereof, of the practicality or safety of the
proposed use or improvement, and shall create no liability upon or
cause of action against the Borough, its officials, employees, or
appointees for any damage that may result pursuant thereto. The applicant
is responsible for ensuring that any development and activities regulated
by this chapter will not cause injury or damage to other persons or
property.
Specific methods and publications referenced
in this chapter shall, in all cases, refer to the latest available
edition and shall include revisions, amendments, and/or replacements
thereto.
The Lewisburg Borough Council may, from time
to time, revise, modify, and amend this chapter pursuant to the provisions
of the Pennsylvania Stormwater Management Act, Act 167 of October
4, 1978, 32 P.S. § 680.1, P.L. 864; the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, P.L. 805, 53 P.S. § 10101;
and by the Borough Code, Act 581 of 1965, P.L. 1656; 53 P.S. § 45101,
as from time to time reenacted and amended. or other applicable law
in effect at the time of said amendment.
