[Ord. No. 6-2014, 15, passed 11-24-2014]
This article shall be known as the "City of Lebanon Stormwater
Management Ordinance."
[Ord. No. 6-2014, 15, passed 11-24-2014]
(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-reduction efforts in upstream and
downstream communities, reduces groundwater recharge, threatens public
health and safety, and increases non-point-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, welfare, and
the protection of people of the City of Lebanon and all of the people
of the commonwealth, their resources, and the environment.
(c)
Stormwater is an important water resource that provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
(d)
Reasonable regulation of connections and discharges to municipal
separate storm sewer systems is fundamental to the public health,
safety and welfare and the protection of the people of the commonwealth,
their resources and the environment.
(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). Permittees are required to enact, implement
and enforce a prohibition of nonstormwater discharges to the permittee's
regulated small municipal separate storm sewer system (MS4).
(g)
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of the waters of the commonwealth.
[Ord. No. 6-2014, 15, passed 11-24-2014]
The purpose of this article is to promote health, safety and
welfare within the City of Lebanon by minimizing the harms and maximizing
the benefits described in the statement of findings (above) 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
possible.
(d)
Maintain groundwater recharge, to prevent degradation of surface
water 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 facilities
(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 the City of Lebanon's MS4 permitted urbanized areas to
address nonstormwater discharges into the City's municipal separate
storm sewer system.
(l)
Coordinate land development in accordance with the Zoning Ordinance,
Subdivision and Land Development Ordinance, Long-Range Transportation
Plan, City and County Comprehensive Plans, Watershed Plans, and other
plans of the county and City.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The City of Lebanon is empowered to regulate land use activities
that affect runoff by the authority of the Storm Water Management
Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. § 680.1
et seq., and as may be amended in the future, the Flood Plain Management
Act of October 4, 1978, P.L. 851, No. 166, as amended, 32 P.S. § 679.101
et seq., and as may be amended in the future, and the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
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 article.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
This article shall apply to any regulated activity, as defined in § 1382.201, within the City of Lebanon.
(b)
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This article shall operate in coordination with those
parallel requirements. The requirements of this article shall be no
less restrictive in meeting the purposes of this article than state
law.
[Ord. No. 6-2014, 15, passed 11-24-2014]
Any ordinance or ordinance provision(s) of the City of Lebanon
inconsistent with any of the provisions of this article is hereby
repealed to the extent of the inconsistency only.
[Ord. No. 6-2014, 15, passed 11-24-2014]
In the event that a court of competent jurisdiction declares
any section(s) or provision(s) of this article invalid, such decision
shall not affect the validity of any of the remaining section(s) or
provision(s) of this article.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
Approvals issued and actions taken pursuant to this article
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 article imposes more-rigorous or more-stringent
requirements for stormwater management, the specific requirements
contained in this article shall be followed. Conflicting provisions
in other ordinances or regulations shall be construed to retain the
requirements of this article addressing state water quality requirements.
(b)
The degree of stormwater management sought by the provisions
of this article is considered reasonable for regulatory purposes.
When applicable, this article shall be used in conjunction with the
City of Lebanon Subdivision and Land Development Ordinance (COLSALDO).
This article shall not create liability on the part of the City of
Lebanon, any appointed or elected official of the City of Lebanon,
the Lebanon County Conservation District or any employee thereof for
any erosion, sedimentation or flood damages that result from reliance
on this article or any administrative decision lawfully made thereunder.
[Ord. No. 6-2014, 15, passed 11-24-2014]
Notwithstanding any provision(s) of this article, 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.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
Compliance with this article does not preclude the need to obtain
other permits and approvals as may be required by the City of Lebanon,
the Lebanon County Conservation District, the Commonwealth of Pennsylvania,
the federal government or other agencies. Other permits and approvals
may include subdivision and land development plans, zoning permits,
building code permits, an erosion and sedimentation pollution control
plan, National Pollutant Discharge Elimination System (NPDES) permit,
water obstruction and encroachment permit, dam safety permit, submerged
lands license agreement, Sections 401 and 404 of the Clean Water Act,
and others. The most-stringent of all pertinent requirements shall
apply.
[Ord. No. 6-2014, 15, passed 11-24-2014]
The stormwater management data shall identify all proposed stormwater
management facilities and supportive information stated in this article.
Stormwater management plans and reports shall only be prepared by
licensed professionals registered in the Commonwealth of Pennsylvania
who are qualified to perform such duties.
[Ord. No. 6-2014, 15, passed 11-24-2014]
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.
[Ord. No. 6-2014, 15, passed 11-24-2014]
Except as specifically provided by the Pennsylvania Storm Water
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 City of Lebanon or any of its officials or employees
shall not constitute a representation, guarantee or warranty of any
kind by the City 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 City and its officials
and employees. The City, by enacting and amending this article, does
not waive or limit any immunity granted to the City 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.
