[Ord. 1402-12, 11/13/2012]
This chapter shall be known and may be cited as the "The Gettysburg Borough Stormwater Management Ordinance."
[Ord. 1402-12, 11/13/2012]
The Borough Council of the Borough of Gettysburg 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 the people of Gettysburg Borough, their resources, and the environment.
[Ord. 1402-12, 11/13/2012]
The purpose of this chapter is to promote health, safety, and welfare within Gettysburg Borough and its watersheds by minimizing the harm and maximizing the benefits described in § 17-102 of this chapter, through provisions designed to:
A. 
Meet 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. 
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 Gettysburg Borough.
H. 
Provide standards to meet NPDES permit requirements.
[Ord. 1402-12, 11/13/2012]
The Borough of Gettysburg is empowered to regulate land use activities that affect stormwater impacts 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, by authority of the Act of February 1, 1966, P.L. 1656 (Act 581), 53 P.S. § 45101 et seq., as amended, the Borough Code, and by the authority of the Act of July 31, 1968, P.L. 805 (Act 247), 53 P.S. § 10101 et seq., as amended, the Municipalities Planning Code.
[Ord. 1402-12, 11/13/2012]
1. 
All regulated activities, as defined in Part 2, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
2. 
Any submission that does not require a stormwater management plan at the time of subdivision or land development will still be required to address stormwater management at the time the individual lots are developed or construction commences, unless said subdivision proposes infrastructure features, such as a cul-de-sac street, for which stormwater management controls are ordinarily required.
3. 
Development of the individual lots is subject to stormwater management as defined within this chapter.
[Ord. 1402-12, 11/13/2012]
Any other ordinance provision or regulation of the Borough of Gettysburg inconsistent with any of the provisions of this chapter is hereby repealed to give this chapter full force and effect to the extent of the inconsistency only. Specifically, Ordinance No. 1312-05, enacted on December 12, 2005, Chapter 17 of the Code of Ordinances of the Borough of Gettysburg, entitled "Stormwater Management," is hereby repealed as it is superseded by this chapter.
[Ord. 1402-12, 11/13/2012]
In the event that a court of competent jurisdiction declares any section, clause or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining sections, clauses or provisions of this chapter.
[Ord. 1402-12, 11/13/2012]
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.
[Ord. 1402-12, 11/13/2012]
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 word's 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.
[Ord. 1402-12, 11/13/2012]
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 any board, agency or employee of Gettysburg Borough purporting to validate such a violation.
[Ord. 1402-12, 11/13/2012]
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.
[Ord. 1402-12, 11/13/2012]
1. 
Neither the granting of any approval under this chapter nor the compliance with the provisions of this chapter, or with any condition imposed by a Gettysburg Borough official hereunder, shall relieve any person from any responsibility or damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon Gettysburg Borough for damages to persons or property.
2. 
The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee, or warranty of any kind by Gettysburg Borough, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.