This chapter shall be known and may be cited as the "The City
of Lancaster Stormwater Management (SWM) Ordinance."
The Lancaster City 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 City of Lancaster and all the people of the commonwealth,
their resources, and the environment.
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow for healthy streams, which
also protects and maintains surface water quality.
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 cities to implement
a program of stormwater controls. These cities are required to obtain
a permit for stormwater discharges from their Municipal Separate Storm
Sewer Systems (MS4) under the National Pollutant Discharge Elimination
System (NPDES).
F.
Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion (DEP Riparian Forest Buffer Guidance,
November 27, 2010).
G.
Much of the City is served by a combined sewer system that collects
and transports both domestic sewage and rainwater that flows from
impervious surfaces such as roofs, streets, and parking lots. The
City's Advanced Wastewater Treatment Facility is normally able
to manage and clean the volume of wastewater flowing through the combined
sewer system; however, during intense rainstorms and other wet weather
events, the system becomes overwhelmed causing untreated combined
sewage to overflow into the Conestoga River. These events are referred
to as combined sewer overflows.
The purpose of this chapter is to promote health, safety, and welfare within the City of Lancaster by minimizing the damages described in § 260-102 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.
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, watercourses and
water conveyance facilities in the City of Lancaster and the commonwealth.
E.
Preserve and restore the flood-carrying capacity of streams and associated
floodplains.
F.
Provide proper operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within the
City.
G.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
H.
Meet or exceed, in light of unique local conditions, 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 the commonwealth.
I.
Prevent scour and erosion of stream banks and streambeds.
J.
Provide standards to meet NPDES permit requirements.
K.
Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L.
Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
M.
Reduce combined sewer overflows.
A.
Primary authority. The City of Lancaster 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"; the Pennsylvania
Floodplain Management Act,[1] and the Federal Clean Water Act (33 U.S.C.A. § 1342,
40 CFR § 122.26 through 123.35.).
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
This chapter shall apply to all development and land disturbance within all watershed areas of the City of Lancaster, as delineated on the City of Lancaster Watersheds Map, Appendix A.[1] [Note: The City of Lancaster is located within the following
watersheds: Little Conestoga; Conestoga; Mill Creek.]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
This chapter shall apply to permanent post-construction stormwater
management facilities constructed as part of any of the regulated
activities listed in this section and to stormwater management and
erosion and sediment control during construction activities.
C.
Refer to current E&S and NPDES requirements in Appendix E.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
The following activities are identified as "regulated activities" and shall be regulated by this chapter unless shown as exempt under § 260-502:
(1)
Land disturbance.
(2)
Land development.
(3)
Subdivision.
(4)
Construction of new or reconstructed impervious or semi-pervious
surfaces (driveways, parking lots, etc.).
(5)
Construction of new buildings or additions to existing buildings.
(6)
Diversion or piping of any natural or man-made stream channel.
(7)
Installation of stormwater management facilities or appurtenances
thereto.
A.
Except as otherwise required by law, this chapter is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the City of Lancaster,
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the City of Lancaster
that all provisions of this chapter shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances or parts of ordinances inconsistent with the provisions
of this chapter are hereby repealed. It is expressly provided that
the provisions of this chapter shall not affect any act done, contract
executed, or liability incurred prior to its effective date, or affect
any suit or prosecution pending or to be instituted to enforce any
rights, rule, regulation or ordinance, or part thereof, or to punish
any violation which occurred under any prior stormwater regulation
or ordinance. In the event any violation has occurred under any prior
stormwater regulation or ordinance of the City of Lancaster, prosecution
may be initiated against the alleged offender pursuant to the provisions
of said prior stormwater regulation or ordinance, and the provisions
and penalties provided in said prior stormwater regulation or ordinance
shall remain effective as to said violation.
B.
Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto. Any subdivision and land development plan filed pursuant to
the provisions of the Pennsylvania Municipalities Planning Code[1] where there is not a prior stormwater management ordinance
in effect may proceed with development in accordance with the filing
at the time of the effective date of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Should any section, provision or part thereof 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.
A.
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 law, regulation, code,
rule, act, or ordinance.
B.
All improvements required by this chapter shall be designed and constructed
in conformance with this chapter and the ordinances for the City of
Lancaster, and the technical standards set forth in the "Construction
Specifications and Guidelines Manual of the City of Lancaster," which
standards and guidelines are incorporated herein by reference as if
fully set forth, unless the appropriate City official with authority
to review the proposed construction designates an alternative method
or standard. Except as specifically provided for in this chapter,
nothing contained in this chapter shall be construed to affect the
other ordinances of the City of Lancaster. The "Construction Specifications
and Guidelines Manual of the City of Lancaster" is on file in the
office of the City Clerk, and the City Department of Economic and
Community Development, Bureau of Planning, where copies are available
for public examination.
C.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of public health, safety and general welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted laws, acts, rules, regulations, ordinances, deed
restrictions or covenants, the most restrictive or that imposing the
highest standards shall govern.
Any permit 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 permit or other authorization is unlawful and shall be enforced in accordance with Article IX, Enforcement and Penalties. No action may be taken by a board, agency or employee of the City purporting to validate such a violation.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the City of Lancaster or any of its officials or employees
shall not constitute a representation, guarantee or warranty of any
kind by the City of Lancaster of the practicability or safety of any
proposed structure or use with respect to damage from erosion, sedimentation,
stormwater runoff, flood, or any other matter, and shall create no
liability upon or give rise to any cause of action against the City
of Lancaster and its officials and employees. The City of Lancaster,
by enacting and amending this chapter, does not waive or limit any
immunity granted to the City of Lancaster and its officials and employees
by the Governmental Immunity Act, 42 Pa.C.S.A. § 8541 et
seq., and does not assume any liabilities or obligations.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, safety and welfare.
A.
A financial security (bond, restricted escrow or letter of credit)
for stormwater-related improvements shall be supplied by the applicant
in conjunction with any subdivision/land development approval, or
in conjunction with the SWM site plan approval if no subdivision/land
development plan is required, except very small projects, as defined
in this chapter, shall be exempt from this requirement.
B.
The applicant shall provide a financial security to the City of Lancaster
for the timely installation and proper construction of all SWM facilities
except for very small projects, as defined herein, including E&S
BMPS, as required by the approved SWM site plan and this chapter and,
as applicable, in accordance with the provisions of Sections 509,
510, and 511 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510,
and 10511.
C.
As the work of installing the required SWM facilities proceeds, the
party posting the financial security may request the City of Lancaster
to release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the City of Lancaster, and the City of Lancaster
shall have 45 days from receipt of such request within which to allow
the Director to certify, in writing, to the City of Lancaster that
such portion of the work upon the SWM facilities has been completed
in accordance with the approved SWM site plan. Upon such certification
the City of Lancaster shall authorize release by the bonding company
or lending institution of an amount as estimated by the Director fairly
representing the value of the SWM facilities completed. The City of
Lancaster may, prior to final release at the time of completion and
certification by its Director, require retention of not more than
15% of the estimated cost of the aforesaid SWM facilities for 18 months.
D.
In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan, the City
of Lancaster is hereby granted the power to enforce any corporate
bond, or other security by appropriate legal and equitable remedies.
If proceeds of such bond or other security are insufficient to pay
the cost of installing or making repairs or corrections to all the
SWM facilities covered by said security, the City of Lancaster may,
at its option, install part of such SWM facilities and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the SWM facilities. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the applicant, or both, shall be used solely
for the installation of the SWM facilities covered by such security,
and not for any other City purpose.
