[Ord. 2010-3, 12/16/2010, § 1]
This Part shall be known and may be cited as the "Hummelstown
Borough Stormwater Management Ordinance."
[Ord. 2010-3, 12/16/2010, § 1]
1. The governing body of Hummelstown Borough finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases runoff volumes,
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 nonpoint source
pollution of water resources.
[Amended by Ord. No. 2022-4, 10/13/2022]
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 Hummelstown Borough 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. Non-stormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the Commonwealth.
H. The use
of green infrastructure and low-impact development (LID) is 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 predevelopment hydrology.
[Added by Ord. No. 2022-4, 10/13/2022]
[Ord. 2010-3, 12/16/2010, § 1]
1. The purpose of this Part is to promote health, safety, and welfare within Hummelstown Borough, Dauphin County, by minimizing the harms and maximizing the benefits described in §
26-102 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 to the maximum extent practicable.
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.
K. Implement an "illegal discharge detection and elimination program"
within MS4 permitted urbanized areas to address nonstormwater discharges
into Hummelstown Borough's separate storm sewer system.
[Ord. 2010-3, 12/16/2010, § 1]
1. Primary Authority. Hummelstown Borough 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 Borough Code, Act No. 581 of 1965 (53
P.S. § 45101 et seq.).
2. Secondary Authority. Hummelstown Borough 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.
[Ord. 2010-3, 12/16/2010, § 1]
1. This Part shall apply to all areas of Hummelstown Borough, any regulated
activity within Hummelstown Borough, and all stormwater runoff entering
into Hummelstown Borough's separate storm sewer system from lands
within the boundaries of Hummelstown Borough.
2. Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This Part shall operate in coordination with those parallel
requirements; the requirements of this Part shall be no less restrictive
in meeting the purposes of this Part than state law.
3. "Regulated activities" are any earth disturbance activities or any
activities that involve the alteration or development of land in a
manner that may affect stormwater runoff. "Regulated activities" include,
but are not limited to, the following listed items:
A. Earth disturbance activities.
D. Construction of new or additional impervious or semi-pervious surfaces.
E. Construction of new buildings or additions to existing buildings.
F. Diversion or piping of any natural or man-made stream channel.
G. Installation of stormwater management facilities or appurtenances
thereto.
H. Installation of stormwater BMPs.
4. See §
26-117 of this Part for exemption/modification criteria.
[Ord. 2010-3, 12/16/2010, § 1]
Any ordinance, ordinance provision(s), or regulation of Hummelstown
Borough inconsistent with any of the provision(s) of this Part is
hereby repealed to the extent of the inconsistency only.
[Ord. 2010-3, 12/16/2010, § 1]
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. 2010-3, 12/16/2010, § 1]
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. 2010-3, 12/16/2010, § 1]
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.
[Added by Ord. No. 2022-4, 10/13/2022]
1. If the municipality determines that any requirement under this Part cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this Part, subject to this §
26-110.
2. Waivers or modifications of the requirements of this Part may be
approved by the municipality 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 Part 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 Part. 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 Part involved and the proposed modification.
3. No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the municipality unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated county
conservation district.
[Added by Ord. No. 2022-4, 10/13/2022]
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 municipality purporting to validate such a violation.
[Ord. 2010-3, 12/16/2010, § 1]
The degree of stormwater management sought by the provisions
of this Part is considered reasonable for regulatory purposes. This
Part shall not create liability on the part of Hummelstown Borough,
any appointed or elected official of Hummelstown Borough, the Dauphin
County Conservation District or any officer, engineer or employee
thereof for any erosion, sedimentation or flood damages that result
from reliance on this Part or any administrative decision lawfully
made there under.