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.
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]
(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.