[Ord. 2011-4, 8/15/2011]
This Part shall be known and may be cited as the "Borough of
Burnham Stormwater Management Ordinance of 2011."
[Ord. 2011-4, 8/15/2011]
The Borough Council of the Borough of Burnham 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, threatens public
health and safety, and increases non-point 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, welfare, and the protection
of the people of the municipality and all the people of the Commonwealth,
their resources, and the environment.
C. Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns; accelerating stream flows (which increase scour and erosion
of streambeds and stream banks thereby elevating sedimentation); destroying
aquatic habitat; and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals, and pathogens.
Groundwater resources are also impacted through loss of recharge.
D. 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.
E. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F. 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).
G. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the Commonwealth.
[Ord. 2011-4, 8/15/2011]
The purpose of this Part is to promote health, safety, and welfare
within the Borough of Burnham, Mifflin County, by minimizing the harms
and maximizing the benefits described in § 9.102 of this
Part through provisions intended 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 the
Commonwealth.
B. Manage accelerated runoff and erosion and sedimentation problems
close to their source by regulating activities that cause these problems.
C. Preserve the natural drainage systems as much as possible.
D. Maintain groundwater recharge, to prevent degradation of surface
and groundwater quality, and to otherwise protect water resources.
E. Maintain existing flows and quality of streams and watercourses.
F. Preserve and restore the flood-carrying capacity of streams and prevent
scour and erosion of stream banks and streambeds.
G. Manage stormwater impacts close to the runoff source, with a minimum
of structures and a maximum use of natural processes.
H. Provide procedures, performance standards, and design criteria for
stormwater planning and management.
I. Provide proper operations and maintenance of all temporary and permanent
stormwater management facilities and Best Management Practices (BMPs)
that are constructed and implemented.
J. Provide standards to meet the NPDES permit requirements.
[Ord. 2011-4, 8/15/2011]
Any other ordinance, ordinance provision(s), or regulation of
the Borough of Burnham inconsistent with any of the provision(s) of
this Part is hereby repealed to the extent of the inconsistency only.
However, nothing in this Part hereby adopted shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any ordinance, resolution or motion hereby
repealed; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this Part.
[Ord. 2011-4, 8/15/2011]
In the event that a court of competent jurisdiction declares
any section(s) or provision(s) of this Part invalid, such decision
shall not affect the validity of any of the remaining section(s) or
provision(s) of this Part.
[Ord. 2011-4, 8/15/2011]
Approvals issued and actions taken pursuant to this Part 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, laws, rules, statutes, or ordinances.
To the extent that this Part imposes more rigorous or stringent requirements
for stormwater management, the specific requirements contained in
this Part shall be followed.
[Ord. 2011-4, 8/15/2011]
Notwithstanding any provision(s) of this Part, 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.