The Borough Council of the Borough of Waynesboro 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 recharges, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety, welfare, and the protection of the people of the Borough of Waynesboro and of the commonwealth, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within that portion of the Antietam Creek Watershed which is within the political boundaries of the Borough of Waynesboro, as such is depicted upon the attached map, which has been marked Plate "A," and is made a part hereof,[1] by minimizing the damages described in § 238-1A of this chapter through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation 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 Borough of Waynesboro and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Borough of Waynesboro.
G. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
[1]
Editor's Note: Plate A is included as an attachment to this chapter.
The Borough of Waynesboro is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the Storm Water Management Act, and the Act of May 1, 1933 (P.L. 103, No. 69), reenacted and amended July 10, 1947 (P.L. 1481, No. 567), as amended, the Act of February 1, 1966 (P.L. 1656, No. 581) as amended, the Borough Code.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq., 53 P.S. § 65101 et seq., and 8 Pa.C.S.A. § 101 et seq., respectively.
A. 
This chapter shall only apply to those areas of the Borough of Waynesboro that are located within the Antietam Creek Watershed, as delineated on Plate "A" of this chapter.[1]
[1]
Editor's Note: Plate A is included as an attachment to this chapter.
B. 
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.
C. 
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 details, outlet structure design, etc.) shall continue to be regulated by Chapter 250, Subdivision and Land Development, for those areas that are located outside of the Antietam Creek Watershed.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious or semipervious surfaces in excess of 2,500 square feet (driveways, parking lots, etc.).
[Amended 3-19-2008 by Ord. No. 1071]
(4) 
Construction of new buildings or additions to existing buildings in excess of 2,500 square feet.
[Amended 3-19-2008 by Ord. No. 1071]
(5) 
Diversion or piping of any natural or man-made stream channel [see § 238-9C(3)].
(6) 
Installation of stormwater management facilities or appurtenances thereto.
(7) 
Forest management operations.
(8) 
Land disturbances in excess of 2,500 square feet but excluding those related with agricultural activities.
[Amended 3-19-2008 by Ord. No. 1071]
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required local, state and/or federal permits (such as DEP Chapter 105, 106, NPDES, etc.), or approvals for activities regulated by any other applicable code, rule, act, or ordinance.