This chapter shall be known and may be cited as the "Carlisle
Borough Stormwater Management Ordinance."
The Borough Council finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of streams and storm sewers, greatly increases
the cost of public facilities to carry and control stormwater, undermines
floodplain management and flood control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases non-point source pollution of water resources.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
B.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety and welfare and the protection
of 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 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 separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
E.
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 infiltrate and
recharge, evapotranspire, and/or harvest and use precipitation near
where it falls to earth. Green infrastructure practices and LID contribute
to the restoration or maintenance of predevelopment hydrology.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
F.
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 separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES) program.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
The purpose of this chapter is to promote health, safety, and welfare within the Borough and its watershed by minimizing the harms and maximizing the benefits described in § 217-2 of this chapter 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 possible.
C.
Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge, to prevent degradation of surface
water 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 permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the Borough.
H.
Provide standards to meet NPDES permit requirements.
I.
Meet general water quality and soil disturbance goals by implementing
measures to:
(1)
Minimize disturbance to floodplains, wetlands, natural slopes over
15%, and existing native vegetation.
(2)
Preserve and maintain trees and woodlands. Maintain or extend riparian
buffers and protect existing forested buffer. Provide trees and woodlands
adjacent to impervious areas whenever feasible.
(3)
Establish and maintain nonerosive flow conditions in natural flow
pathways.
(4)
Minimize soil disturbance and soil compaction. Over disturbed areas,
replace topsoil to a minimum depth equal to the original depth or
four inches, whichever is greater. Use tracked equipment for grading
when feasible.
(5)
Disconnect impervious surfaces by directing runoff to pervious areas,
wherever possible.
(6)
Incorporate the techniques for low-impact development practices described
in the most current version of "The Pennsylvania Stormwater Best Management
Practices Manual" (SWM Manual). [Pennsylvania Department of Environmental
Protection (DEP). No. 363-0300-002 (2006), as amended and updated.
Pennsylvania Stormwater Best Management Practices Manual. Harrisburg,
PA.]
(7)
Minimize thermal impacts to waters of the commonwealth.
A.
Primary authority.
(1)
The Borough is empowered to regulate these activities by the authority of the Stormwater Management Act, Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, Article XXII and Section 1202(74) of the Pennsylvania Borough Code, 53 P.S. § 47201 et seq., and 53 P.S. § 46202(74).
(2)
Hereafter, all earth disturbance activities and land development
within this Borough, including, without limitation, the location,
design and construction within the watershed of stormwater management
systems, obstructions, flood control projects, subdivisions and major
land developments, highways and transportation facilities, facilities
for the provision of public utility services and facilities owned
or financed in whole or in part by funds from the commonwealth, shall
be in full compliance with the requirements of the Cumberland County
Stormwater Management Plan and shall be conducted in a manner consistent
therewith. Any violation of the Cumberland County Stormwater Management
Plan shall be considered a violation of this chapter.
B.
Secondary authority. The Borough is also empowered
to regulate land use activities that affect runoff by the authority
of the Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities
Planning Code, as amended, and/or the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1, et seq., as amended, The
Stormwater Management Act.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
A.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter as is reasonably necessary to prevent injury to health, safety or other property. The following activities are encompassed by the definition of regulated activities (see § 217-11) and shall be subject to the provisions of this chapter unless otherwise exempted by § 217-13:
(1)
Land development and/or redevelopment.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semi-pervious surfaces
(streets, driveways, parking lots, etc.).
(4)
Construction of structures or additions to existing structures, as
determined by the Borough.
(5)
Diversion or piping of any natural or man-made stream channel.
(6)
Installation of stormwater management facilities or appurtenances
thereto.
(7)
Forest management/timber operations that include logging road construction
and timber harvesting.
B.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, comfort, convenience and general welfare. Where provisions of this chapter impose greater restrictions than those of Chapter 135, Floodplain Management, of this Code, Chapter 226, Subdivision and Land Development, of this Code, or of any statute, other ordinance, restriction or regulation, the provisions of this chapter shall be controlling. Where the provisions of Chapter 135, Chapter 226 or of any statute, other ordinance, resolution or regulation impose greater restrictions than this chapter, the provisions of such statute, resolution, ordinance or regulation shall be controlling. This chapter shall be interpreted whenever possible to achieve a result consistent with the provisions of Chapter 135 and Chapter 226, as applicable.
Any other Chapter or ordinance provision(s) or regulations of
the Borough inconsistent with any of the provisions of this chapter
are hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued and actions taken under this chapter do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other code, law, regulation,
chapter or ordinance.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
B.
Waivers or modifications of the requirements of this chapter may
be approved by the Borough of Carlisle if enforcement will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that the modifications will not be contrary to
the public interest and that the purpose of the chapter is preserved.
Cost or financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the chapter. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the chapter involved
and the proposed modification.
C.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Borough of Carlisle unless that action is approved in advance
by the Department of Environmental Protection (DEP) or the Cumberland
County Conservation District.
