The governing body of the New Hope Borough 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, 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 municipality and all the people of the commonwealth, their resources, and the environment.
C. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream base flow, and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
The purpose of this chapter is to promote health, safety, and welfare within the Delaware River South watershed by minimizing the damages described in § 228-1A of this chapter through provisions designed to accomplish the following:
A. 
Promote alternative project designs and layout that minimizes impacts to surface and ground water.
B. 
Promote nonstructural best management practices.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing flows and quality of streams and watercourses in New Hope Borough and the commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in New Hope Borough.
L. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
New Hope Borough 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), 32 P.S. § 680.1 et seq., as amended, the Stormwater Management Act; and Section 2 of Act 1990, Dec. 19, P.L. 1343, No. 209 which repealed the Act of February 1, 1966 (1965 P.L. 1656, No. 581), insofar as it is inconsistent with said act, the Borough Code. T. 53, Pt. VI, Ch. 91.
A. 
This chapter shall apply to those areas of New Hope Borough that are located within the Delaware River South watershed, as delineated in Appendix D which is hereby adopted as part of this chapter.[1]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
B. 
This chapter shall only apply to permanent best management practices (BMPs) and/or 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 design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinances or at the municipal engineer's discretion.
D. 
In the event of any conflict between the regulations and requirements set forth in this chapter and the Subdivision and Land Development Ordinance, the more restrictive standard or the regulation imposing the higher standard shall be controlling. The standards and requirements set forth in this chapter and those similar standards and requirements set forth in the Subdivision and Land Development Ordinance are intended to be read together when determining compliance.
E. 
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 semi-pervious surfaces (driveways, parking lots, patios, tennis courts, 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 BMPs and/or stormwater management facilities or appurtenances thereto.
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.
[Added 9-20-2022 by Ord. No. 2022-04]
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 permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the municipality purporting to validate such a violation.