The standards contained herein shall apply to all regulated
activities within the Borough. In addition, all local, county and
state erosion and sedimentation control approvals must be in place
to proceed with any regulated activity.
A. All activities related to proper operation and maintenance of approved
stormwater management BMPs and all activities that may contribute
nonstormwater discharges to a regulated small MS4 are subject to regulation
by this chapter.
B. Activities regulated by this chapter include, but are not limited
to, the following:
(1) Land development and redevelopment.
(3) Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
(4) Construction of new buildings or additions to existing buildings.
(5) Diversion or piping of any natural or man-made stream channel.
(6) Installation of stormwater management facilities or appurtenances
thereto.
(7) Any earth disturbances or any activities that involve the alteration
or development of land or removal of trees and vegetation in a manner
that may affect post-construction stormwater runoff.
C. Redevelopments shall conform to the requirements contained in §
190-13C(3) when more than a two-thousand-square-foot area of an existing facility is reconstructed following the demolition, or partial demolition, of the existing facility. The area determination shall be made using the footprint of the area being reconstructed, including all impervious surfaces proposed in the reconstructed area and the area of the parking lot required to support the reconstructed facility. The area of the parking lot required to support the reconstructed facility shall be determined using the Borough Zoning Ordinance. See Ch.
225, Zoning, requirements for parking.
D. 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 municipality purporting to validate such a violation.
Any ordinance or ordinance provision of the Borough inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only; provided, however, that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance or ordinance
provision. All of said ordinances or ordinance provisions shall remain
in full force and effect and are not repealed hereby as they pertain
to such acts and to the processing of such plans filed prior to the
effective date of this chapter, which are protected from the effect
of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities
Planning Code. See 53 P.S. § 10508(4).
Should any part of this chapter be declared invalid, such decision
shall not affect the validity of any other part, nor the article as
a whole.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation, or ordinance.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PA DEP Phase II NPDES regulations, as amended, or any
other ordinance of the Borough, the more stringent requirements shall
govern.