This chapter shall be known and may be cited as the "Bellefonte
Borough Stormwater Management Ordinance."
The governing body of the municipality 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. This stormwater management ordinance has been developed considering
the actual hydrologic processes that occur within the Spring Creek
Watershed and how these processes can best be represented in hydrologic
models that are used in engineering practice to model developing areas
for stormwater management purposes. Process-driven stormwater management
planning is critical in the Spring Creek Watershed due to the underlying
geology. The Spring Creek Watershed is mainly underlain by carbonate
formations. As a result, significant areas within the watershed do
not produce overland or surface runoff, but rather contribute to the
storm-flow component of runoff in larger tributary areas via a greater
than normal interflow component.
C. 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.
The purpose of this chapter is to promote health, safety and welfare within Bellefonte Borough by minimizing the damages described in §
490-2A 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 the use of low-impact development techniques to promote
infiltration and groundwater recharge where appropriate.
D. Maintain existing flows and quality of streams and watercourses in
the municipality 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 basin.
G. Provide performance standards and design criteria for watershed-wide
stormwater management and planning.
H. Protect groundwater and surface water quality.
The municipality 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 "Storm Water Management Act," and Act 247, the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended.
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to comply with or to secure required
permits or approvals for activities regulated by any other applicable
codes, rules, statutes or ordinances.
The granting of any exemption, permit or approval by the municipality
does not relieve the applicant from assuring that stormwater runoff
from the development site will not cause injury or damage to other
persons or property.
Specific methods and publications indicated in this chapter
shall, in all cases, refer to the latest available edition and include
revisions or amendments thereto.
The degree of stormwater management sought by the provisions
of this chapter is considered reasonable for regulatory purposes.
This chapter shall not create liability on the part of the municipality,
any appointed or elected official of the municipality, the Centre
County Conservation District, or any officer, engineer or employee
thereof for the erosion, sedimentation or flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.