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]
A. 
If the Borough of Carlisle determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 217-9B and C.
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.