This chapter shall be known and may be cited as the "Borough
of Denver Stormwater Management Ordinance."
The Denver Borough Council 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 of Denver 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 (MS4) under the national pollutant discharge
elimination system (NPDES) program.
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 and shoreline
stability thus decreasing erosion.
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
pre-development hydrology.
The purpose of this chapter is to promote health, safety, and welfare by minimizing the harms and maximizing the benefits described in §
161-2 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 practicable.
C. Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
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 (SWM BMPs) that are implemented within the
Borough of Denver.
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.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to requirements by this chapter.
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 the 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 of Denver purporting to validate such a violation.
Except as specifically provided by the Pennsylvania Stormwater
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the Borough of Denver or any of its officials or employees
shall not constitute a representation, guarantee or warranty of any
kind by the Borough of Denver 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
of Denver and its officials and employees. The Borough of Denver,
by enacting and amending this chapter, does not waive or limit any
immunity granted to the Borough of Denver 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.
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.