This chapter shall be known and may be cited as the "Mount Joy
Borough Stormwater Management Ordinance."
The Borough Council of Mount Joy 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 control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint source pollution of water resources.
B. A comprehensive program of SWM, including reasonable regulation of
development and activities causing accelerated runoff, is fundamental
to the public health, safety, welfare, and the protection of the people
of the Borough and all the people of the commonwealth, their resources,
and the environment.
C. 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.
D. Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their municipal
separate storm sewer systems (MS4s) under the National Pollutant Discharge
Elimination System (NPDES).
E. Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel stability
thus decreasing erosion (DEP Riparian Forest Buffer Guidance, November
27, 2010).
F. The use
of green infrastructure and low-impact development (LID) are intended
to address the root cause of water quality impairment by using systems
and practices which use or mimic natural processes to: 1) infiltrate
and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation
near where it falls to earth. Green infrastructure practices and LID
contribute to the restoration or maintenance of predevelopment hydrology.
[Amended 8-1-2022 by Ord. No. 3-22]
The purpose of this chapter is to promote health, safety, and welfare by minimizing the problems and maximizing the benefits described in §
226-2 of this chapter through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of this
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 best management
practices (SWM BMPs) that are implemented within the Borough.
H. Provide standards to meet NPDES permit requirements.
I. Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J. Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K. Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L. Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
The Borough is empowered to regulate these activities by the
authority of the Storm Water Management Act and the Clean Streams
Law. The Borough also is empowered to regulate land use activities
that affect stormwater impacts by the authority of the Act of February
1, 1966, P.L. (1965) 1656, No. 581, as reenacted and amended by the
Act of May 17, 2012, P.L. 262, No. 43, as amended, known as the Borough
Code.
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
A. Except as otherwise required by law, this chapter is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinance previously enacted by the Borough Council,
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Borough Council
that all provisions of this chapter shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances and parts of ordinances inconsistent with the provisions
of this chapter are hereby repealed. It is expressly provided that
the provisions of this chapter shall not affect any act done, contract
executed or liability incurred prior to its effective date, or affect
any suit or prosecution pending or to be instituted to enforce any
rights, rule, regulation, or ordinance, or part thereof, or to punish
any violation which occurred under and prior stormwater regulation
or ordinance. In the event any violation has occurred under any prior
stormwater regulation or ordinance of Mount Joy Borough, prosecution
may be initiated against the alleged offender pursuant to the provisions
of said prior stormwater regulation or ordinance, and the provisions
and penalties provided in said prior stormwater regulation or ordinance
shall remain effective as to said violation.
B. Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto.
Should any section, provision or part thereof of this chapter
be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
Approvals issued pursuant to this chapter do not relieve the
applicant of any responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance.
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 Borough purporting to validate such a violation.
Except as specifically provided by the Storm Water Management
Act, the making of any administrative decision by the Borough or any
of its officials or employees shall not constitute a representation,
guarantee or warranty of any kind by the Borough of the practicability
or safety of any proposed structure or use with respect to damage
from erosion, sedimentation, stormwater runoff, flood, or any other
matter, and shall create no liability upon or give rise to any cause
of action against the Borough and its officials and employees. Mount
Joy Borough, by enacting this chapter, does not waive or limit any
immunity granted to the Borough and its officials and employees by
the Governmental Immunity Act, 42 Pa. C.S.A. § 8541 et seq.,
and does not assume any liabilities or obligations.
[Amended 8-1-2022 by Ord. No. 3-22]
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 also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, property, and water quality.
A. Each structural BMP installed pursuant to this chapter shall be maintained
and operated by persons engaged in the development or redevelopment
of land so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function
for which the structural BMP was designed until transfer of ownership
and responsibilities has been successfully completed.
[Added 8-1-2022 by Ord. No. 3-22]
Any person or entity owning or occupying a premises through
which the MS4 passes, or conducts activities subject to this chapter
in which the MS4 passes or receives drainage from the site in which
the activities are subject to this chapter, shall:
A. Keep and maintain that part of the premises reasonably free of trash,
debris, sediment, and other obstacles which may pollute, contaminate,
or retard the flow of water to or through the MS4.
B. Maintain existing structures within or adjacent to the MS4 so that
those structures will not become a hazard to the use, function, or
physical integrity of the MS4.
C. Protect inlets or other entry points to the MS4, including inlets
off site or downstream, to the maximum extent practicable in which
activities, equipment, or materials could result in the discharge
of a pollutant or a nonstormwater discharge.
D. Protect receiving waters, and reduce/prevent discharge of pollutants
from the MS4 to receiving waterways in accordance with the requirements
of the Borough MS4 permit.
[Added 8-1-2022 by Ord. No. 3-22]
Any person or entity engaged in activities which may result
in discharges to the MS4 shall, to the maximum extent practicable,
undertake all measures to reduce the risk of nonstormwater discharges
and polluted discharges. The following requirements shall apply:
A. Every person or entity undertaking an activity or use of a premise
that may cause contribute to stormwater pollution or contamination,
illicit discharges, or nonstormwater discharges to the MS4 shall implement
structural and/or nonstructural BMPs to reduce or prevent a polluted
discharge. BMPs shall be maintained routinely throughout the life
of the activity.