This chapter shall be known and may be cited as the "Bonneauville
Borough Stormwater Management Ordinance."
The governing body of Bonneauville Borough finds that:
A. 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.
B. 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
nonpoint source pollution of water resources.
C. 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 Bonneauville Borough, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within Bonneauville Borough and its watersheds by minimizing the harm and maximizing the benefits described in §
204-2 of this chapter, through provisions designed to:
A. 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 the commonwealth.
B. Preserve the natural drainage systems as much as possible.
C. Manage stormwater runoff close to the source.
D. Provide procedures and performance standards for stormwater planning
and management.
E. Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
F. Prevent scour and erosion of stream banks and streambeds.
G. Provide proper operation and maintenance of all stormwater management
best management practices that are implemented within the municipality.
H. Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities that affect stormwater impacts pursuant to provisions of the Pennsylvania Municipalities Planning Code, Article
V, 53 P.S. § 10508 et seq., and 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."
Approvals issued and actions taken under this chapter 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. In the event of a conflict, between this chapter and
any other ordinance, the more restrictive ordinance shall apply.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A. Words used in the present tense also imply the future tense.
B. Words used in the singular include the plural, and vice versa.
C. Words of masculine gender include feminine gender, and vice versa.
D. The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the words or words' meaning(s) to all other
instances of like kind and character.
E. The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
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 Bonneauville Borough purporting to validate such a violation.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures shall include
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which adequately
protects health, property and water quality.