This chapter shall be known and may be cited as the "Millersville
Borough Stormwater Management Ordinance."
Millersville 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 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 and based on the concepts of low-impact development (LID),
is fundamental to the public health, safety, welfare, and the protection
of the people of Millersville Borough and all the people of the Borough
and all of the people of the commonwealth, their resources, and the
environment.
[Amended 9-27-2022 by Ord. No. 2022-04]
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
E.
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).
F.
The use
of green infrastructure and low-impact development (LID) is intended
to address the root cause of water quality impairment by using systems
and practices which use or mimic natural processes to infiltrate and
recharge; evapotranspire; and/or harvest and reuse precipitation near
where it falls to earth. Green infrastructure practices and LID contribute
to the restoration or maintenance of predevelopment hydrology.
[Added 9-27-2022 by Ord. No. 2022-04]
The purpose of this chapter is to promote health, safety, and welfare by minimizing the harms and maximizing the benefits described in § 315-2 through provisions designed to:
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 the natural drainage systems as much as practicable.
C.
Manage stormwater runoff close to the source.
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 management
best management practices (SWM BMPs) that are implemented within the
Borough.
H.
Provide standards to meet NPDES permit requirements.
I.
Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
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.
Provide
processes and standards for the determination that implemented best
management practices are installed as designed and functioning as
intended.
[Added 9-27-2022 by Ord. No. 2022-04]
A.
Primary authority. The Borough is empowered to regulate these activities
by the authority of the Act of October 4, 1978, 32 P.L. 864 (Act 167),
32 P.S. § 680.1 et seq., as amended, the Storm Water Management
Act, and Act 394 of 1937, as amended, 35 P.S. § 691.1 et
seq., the Pennsylvania Clean Streams Law. The Borough also is empowered
to regulate land use activities that affect stormwater impacts by
the authority of the Borough Code, Act of February 1, 1966, P.L. (1965)
1656, No. 581, as reenacted and amended by the Act of May 17, 2012,
P.L. 262, No. 43, as amended, and as reenacted, amended and codified
by Act 37 of 2014, 8 Pa.C.S.A. § 101 et seq.
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to regulated activities as defined in this
chapter.
A.
This chapter applies to any regulated earth disturbance activities
within the Borough and all stormwater runoff entering into the Borough's
separate storm sewer system from lands within the boundaries of the
Borough.
B.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This chapter shall operate in coordination with those
parallel requirements; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
C.
The provisions, regulations, limitations, and restrictions of this
chapter governing maintenance of SWM facilities shall apply to all
SWM facilities existing on the date of this chapter or installed after
the date of this chapter and shall apply to all persons responsible
for maintenance of such SWM facilities and all persons who own or
occupy the land upon which such SWM facilities are located.
D.
The provisions, regulations, limitations and restrictions of this
chapter governing grading, erosion and sedimentation control, excavation
and other earth disturbance activities shall apply to all persons
performing any such activities within the Borough and to all landowners
of lots upon which such activities are performed.
E.
No person shall use or modify any land or watercourse, and no person
shall disturb, move, strip or modify the earth, and no person shall
build, install or extend any structure or other impervious surface
or semi-impervious surface without full compliance with the terms
of this chapter and other applicable regulations.
F.
It shall be the responsibility of the developer and, if different,
the landowner, to ensure that all contractors, agents or other persons
comply with all requirements of the chapter and with any approved
SWM site plan or stormwater management permit.
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 Borough Council
of Millersville Borough, this chapter shall be considered a restatement
and not a repeal of such regulations. It is the specific intent of
the Borough Council of Millersville Borough 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 Millersville Borough, 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.
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.
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 code, rule, act,
or ordinance.
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. No action may be taken by a board, agency or employee
of the Borough 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 Borough or any of its officials or employees shall
not constitute a representation, guarantee or warranty of any kind
by the Borough 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 Borough and its
officials and employees. Millersville Borough, by enacting and amending
this chapter, does not waive or limit any immunity granted to the
Borough 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.
[Amended 9-27-2022 by Ord. No. 2022-04]
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, property, and water quality.
A.
Each structural
BMP installed pursuant to this chapter shall be maintained and operated
by persons engaged in the development or redevelopment of land so
as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which
the structural BMP was designed until transfer of ownership and responsibilities
has been successfully completed.
[Added 9-27-2022 by Ord. No. 2022-04]
Any person or entity owning or occupying a premises through
which the MS4 passes, or conducts activities subject to this chapter
in which the MS4 passes or receives drainage from the site in which
the activities are subject to this chapter, shall:
A.
Keep and
maintain that part of the premises reasonably free of trash, debris,
sediment, and other obstacles which may pollute, contaminate, or retard
the flow of water to or through the MS4.
B.
Maintain
existing structures within or adjacent to the MS4 so that those structures
will not become a hazard to the use, function, or physical integrity
of the MS4.
C.
Protect
inlets or other entry points to the MS4, including inlets off site
or downstream, to the maximum extent practicable in which activities,
equipment, or materials could result in the discharge of a pollutant
or a nonstormwater discharge.
D.
Protect
receiving waters and reduce/prevent discharge of pollutants from the
MS4 to receiving waterways in accordance with the requirements of
the Borough's MS4 permit.
[Added 9-27-2022 by Ord. No. 2022-04]
Any person or entity engaged in activities which may result
in discharges to the MS4 shall, to the maximum extent practicable,
undertake all measures to reduce the risk of nonstormwater discharges
and polluted discharges. The following requirements shall apply:
A.
Every
person or entity undertaking an activity or use of a premises that
may cause or contribute to stormwater pollution or contamination,
illicit discharges, or nonstormwater discharges to the MS4 shall implement
structural and/or nonstructural BMPs to reduce or prevent a polluted
discharge. BMPs shall be maintained routinely throughout the life
of the activity.
