This Part 3 shall be known and may be cited as the "City of
Scranton Stormwater Management Ordinance."
The Council of the City of Scranton finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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.
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 City of Scranton and the commonwealth, their resources
and the environment.
C.
Stormwater is an important water resource. Less runoff provides for
increased 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).
The purpose of this Part 3 is to promote health, safety, and welfare within the City of Scranton and its watershed by minimizing the harms and maximizing the benefits described in § 405-14 of this Part 3, through provisions designed to:
A.
Accommodate site development and redevelopment in a manner that protects
public safety and that is consistent with (or reestablishes) the natural
hydrologic characteristics of the Lackawanna River watershed and sustains
groundwater recharge, stream base flows, stable stream channel (geomorphology)
conditions, the carrying capacity of streams and their floodplains,
groundwater and surface water quality, and aquatic living resources
and their habitats.
B.
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.
C.
Authorize a comprehensive program of stormwater management designed
to preserve and restore the flood-carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross section of waters
of the commonwealth; and to protect and conserve groundwaters and
groundwater recharge areas.
D.
Reduce flooding impacts and prevent a significant increase in surface
runoff rates and volumes, predevelopment to post-development, which
could worsen flooding downstream in the watershed, enlarge floodplains,
erode stream banks and create other flood-related health-welfare-property
losses; in general, to preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
E.
Protect adjacent lands from adverse impacts of direct stormwater
discharges.
F.
Manage stormwater runoff close to the source.
G.
Provide procedures and performance standards for stormwater planning
and management.
H.
Maintain groundwater recharge, to prevent degradation of surface
water and groundwater quality and to otherwise protect water resources.
I.
Prevent scour and erosion of stream banks and stream beds.
J.
Provide proper operations and maintenance of all permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the City of Scranton.
K.
Address certain requirements of the municipal separate storm sewer
system (MS4) National Pollutant Discharge Elimination System (NPDES)
Phase II Stormwater Regulations.
L.
Encourage the provision or upgrade of stormwater BMPs for existing
development.
M.
Reduce the impacts of runoff and stormwater infiltration on the Scranton
Sewer Authority system.
A.
Primary authority. The City of Scranton is empowered to regulate
these activities 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," and the Act of Legislature, April 13,
1972, Act No. 62, known as the "Home Rule Charter and Option Plans
Law,"[1] and any other applicable law arising under the laws of
the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2901 et seq.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance,
are subject to regulation by this Part 3.
File of the Council No. 54, 1993, is hereby repealed in its
entirety, and any other ordinance provision(s) or regulation of the
City of Scranton inconsistent with any of the provisions of this Part
3 is hereby repealed to the extent of the inconsistency only.
If any section, clause, provision or portion of this Part 3 shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Part 3 so long as it remains legally enforceable minus the invalid portion. The City reserves the right to amend this Part 3 or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this Part 3 and the effective administration thereof.
Approvals issued and actions taken under this Part 3 do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other code, law, regulation
or ordinance.
