City of Pittston, PA Article I General Provisions

§ 419-1 Title.

This chapter shall be known and may be cited as the "City of Pittston Stormwater Management Ordinance."

§ 419-2 Findings.

The governing body of City of Pittston ("the City") 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. 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).

§ 419-3 Purpose.

The purpose of this chapter is to promote health, safety, and welfare within the City and its watershed by minimizing the harms and maximizing the benefits described in § 419-2 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 permanent SWM BMPs that are implemented within the municipality.

H. Provide standards to meet NPDES permit requirements.

§ 419-4 Statutory authority.

A. Primary authority. The City 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 "Storm Water Management Act," and the Pennsylvania Third Class City Code.[1]

[1] Editor's Note: See 53 P.S. § 35101 et seq.

B. Secondary authority. The City 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.[2]

[2] Editor's Note: See 53 P.S. § 10101 et seq.

§ 419-5 Applicability.

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-2), Chapter 13.6, Antidegradation and Post Construction Stormwater Management Policy.

§ 419-6 Compatibility with other requirements.

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.

§ 419-6.1 Erroneous permit.

[Added 8-17-2022 by Ord. No. 10-2022]

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 City purporting to validate such a violation.

§ 419-6.2 Waivers.

[Added 8-17-2022 by Ord. No. 10-2022]

A. If the City determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this City, subject to Subsections B and C.

B. Waivers or modifications of the requirements of this chapter may be approved by the City if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the ordinance is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the ordinance. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the ordinance involved and the proposed modification.

C. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the City unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.