This chapter shall be known and may be cited as the "City of Nanticoke Stormwater Management Ordinance."
The governing body of the City of Nanticoke finds that:
A. 
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.
B. 
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 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. 
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 of maintenance of predevelopment hydrology.
[Added 6-15-2022 by Ord. No. 4-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
E. 
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 separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES) program.
The purpose of this chapter is to promote health, safety and welfare within the City of Nanticoke and its watershed by minimizing the harms and maximizing the benefits described in § 446-2 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 water 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 permanent SWM BMPs that are implemented within the City of Nanticoke.
H. 
Provide standards to meet NPDES permit requirements.
A. 
Primary authority. The City of Nanticoke is empowered to regulate these activities 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 the Third Class City Code codified at 53 P.S. § 35101 et seq.
B. 
Secondary authority. The City of Nanticoke also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
B. 
Pennsylvania Department of Transportation (PennDOT) roadway projects will perform stormwater management consistent with Publication 13M (Design Manual Part 2), Chapter 13.6, Antidegradation and Post-Construction Stormwater Management Policy.
A. 
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.
B. 
The City of Nanticoke shall be responsible for administering this chapter.
C. 
The standards and criteria in this chapter supersede the standards and criteria in the previously enacted Luzerne County Stormwater Management Ordinance.