[Added 7-14-2014 by Ord. No. 2014-04]
This chapter shall be known and may be cited as the "Borough
of Chambersburg Stormwater Management Ordinance."
[Amended 7-14-2014 by Ord. No. 2014-04]
The Borough of Chambersburg 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, threatens public
health and safety, and increases pollution of water resources.
B.
A comprehensive program of stormwater management, including reasonable
regulation of development, connections and discharges to municipal
separate storm sewer systems (MS4), and activities causing accelerated
erosion, is fundamental to the public health, safety, welfare, and
the protection of the people of the municipality 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 of streams, which also protects
and maintains surface water quality.
D.
Federal and state regulations require the Borough of Chambersburg
to obtain a permit for stormwater discharges from its MS4 under the
National Pollutant Discharge Elimination System (NPDES). Permittees
are required to enact, implement, and enforce a prohibition of nonstormwater
discharges to the Borough's regulated small MS4.
[Amended 7-14-2014 by Ord. No. 2014-04]
The purpose of this chapter is to promote the health, safety and welfare within the Borough of Chambersburg, it being part of the Conococheague Creek Watershed, by minimizing the damages described in § 251-1A of this chapter through provisions designed to:
A.
Manage accelerated runoff, erosion and sedimentation, scour, aggradation,
and degradation 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 and watercourses in
the watershed.
E.
Preserve and restore the flood-carrying capacity of streams.
F.
Provide proper operation and maintenance of all stormwater management
facilities and all stormwater management BMPs that are implemented
within the Borough.
G.
Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
H.
Provide standards to meet NPDES permit requirements.
I.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code § 93, to protect, maintain, reclaim, and
restore the existing and designated uses of the waters of this commonwealth.
The Borough is empowered to regulate land use
activities that affect runoff by the authority of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended,
and the Act of October 4, 1978, 32 P.S., P.L. 864, No. 167, Section
680.1 et seq., as amended, the "Stormwater Management Act."
[Amended 7-14-2014 by Ord. No. 2014-04]
A.
This chapter shall only apply to permanent stormwater management
facilities constructed as part of any of the regulated activities
listed in this section. Stormwater management and erosion and sedimentation
control during construction activities are specifically not regulated
by this chapter, but shall continue to be regulated under existing
laws and ordinances.
B.
This chapter contains only the stormwater management performance
standards and design criteria that are necessary or desirable from
a watershed-wide perspective. Local stormwater management design criteria
(e.g., inlet spacing, inlet type, collection system design and details,
outlet structure design, etc.) shall continue to be regulated by the
applicable municipal ordinances.
C.
The following activities are defined as "regulated activities" and
shall be regulated by this chapter:
(1)
Land disturbance or development.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious 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.
D.
Any stormwater conveyance facilities located outside of the publicly
ordained right-of-way shall remain the sole responsibility of the
property owner.
Any ordinance or ordinance provision of the
Borough inconsistent with any of the provisions of this chapter is
hereby repealed to the extent of the inconsistency only.
Should any section or provision 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.
A.
The Borough may grant a modification if literal enforcement
of the requirements of one or more provisions of this chapter will
exact undue hardship because of peculiar conditions pertaining to
the land in question, provided that such modification will not be
contrary to the public health, safety and welfare, and may permit
a modification of the requirements of this chapter subject to conditions
necessary to assure adequate management of stormwater.
B.
All requests for modification shall be in writing
and shall accompany and be a part of the application for stormwater
management plan approval. The request shall state in full the grounds
and facts of unreasonableness or hardship on which the request is
made, the provision or provisions of this chapter involved and the
minimum modification necessary.
C.
After receipt of a request for modification, the Borough
shall forward the same to the Planning Commission for advisory comments.
[Added 7-14-2014 by Ord. No. 2014-04]
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 an erroneous permit or other authorization is unlawful and shall be enforced in accordance with Article VII, "Enforcement and Penalties." No action may be taken by a board, agency, or employee of the Borough purporting to validate such a violation.
