[Adopted 3-16-2015 by Ord. No. 696]
A.
Short title. This article shall be known and may be cited as the
"Borough of Fox Chapel MS4 Prohibited Discharge Ordinance."
B.
Statement of findings. The governing body of the Borough of Fox Chapel
finds that:
(1)
Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, 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 pollution of water resources.
(2)
Reasonable regulation of connections and discharges to the Borough's
separate storm sewer systems is fundamental to the public health,
safety and welfare and the protection of people of the commonwealth,
their resources, and the environment.
(3)
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.
(4)
Federal and state regulations require certain municipalities 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 systems (MS4s).
C.
Purpose. The purpose of this article is to promote health, safety and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 285-37B of this article, through provisions designed to:
(1)
Provide standards to meet National Pollution Discharge Elimination
System (NPDES) permit requirements.
(2)
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim and
restore the existing and designated uses of the waters of this commonwealth.
(3)
Preserve the natural drainage systems as much as possible.
(4)
Maintain groundwater recharge to prevent degradation of surface water
and groundwater quality and to otherwise protect water resources.
(5)
Prevent scour and erosion of stream banks and streambeds.
(6)
Provide proper operation and maintenance of all facilities and all
SWM BMPs that are implemented within the municipality.
D.
Statutory authority. The 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.
E.
Applicability. 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.
F.
Compatibility with other requirements. Actions taken under this article
do not affect any responsibility, permit or approval for any activity
regulated by any other code, law, regulation or ordinance.
A.
Word usage. For the purposes of this article, certain terms and words
used herein shall be interpreted as follows:
(1)
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender, and words of feminine
gender include masculine gender.
(2)
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
(3)
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
B.
BEST MANAGEMENT PRACTICE (BMP)
CONSERVATION DISTRICT
DEP
EARTH DISTURBANCE ACTIVITY
MUNICIPALITY
NPDES
NRCS
REGULATED ACTIVITIES
STATE WATER QUALITY REQUIREMENTS
STORMWATER
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SITE PLAN
USDA
WATERS OF THIS COMMONWEALTH
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated activities, to meet state
water quality requirements, to promote groundwater recharge, and to
otherwise meet the purposes of this article. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural." In this article, nonstructural BMPs or measures
refer to operational and/or behavior-related practices that attempt
to minimize the contact of pollutants with stormwater runoff, whereas
structural BMPs or measures are those that consist of a physical device
or practice that is installed to capture and treat stormwater runoff.
Structural BMPs include, but are not limited to, a wide variety of
practices and devices, from large-scale retention ponds and constructed
wetlands to small-scale underground treatment systems, infiltration
facilities, filter strips, low-impact design, bioretention, wet ponds,
permeable paving, grassed swales, riparian or forested buffers, sand
filters, detention basins and manufactured devices. Structural stormwater
BMPs are permanent appurtenances to the project site.
A conservation district, as defined in Section 3(c) of the
Conservation District Law [3 P.S. § 851(c)] that has the
authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code Ch. 102.
The Pennsylvania Department of Environmental Protection.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling or storing of soil, rock or
earth materials. Earth disturbance activity is subject to regulation
under 25 Pa. Code Ch. 92a, 25 Pa. Code Ch. 102, or the Clean Streams
Law.[1]
Borough of Fox Chapel, Allegheny County, Pennsylvania.
National Pollution Discharge Elimination System.
USDA Natural Resources Conservation Service (previously SCS).
Any activities that may affect stormwater runoff and any
activities that may contribute nonstormwater discharges to a regulated
small MS4.
The regulatory requirements to protect, maintain, reclaim
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
The stormwater management plan managing stormwater runoff
adopted by Allegheny County as required by the Act of October 4, 1978,
P.L. 864, (Act 167), as amended, and known as the "Storm Water Management
Act."
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the development
site in accordance with this article. "Stormwater management site
plan" will be designated as "SWM site plan" throughout this article.
United States Department of Agriculture.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs and all other bodies or channels of conveyance of surface
water and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
General requirements.
A.
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this article and to meet
all requirements under Title 25 of the Pennsylvania Code and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual), No. 363-2134-008 (April 15, 2000), as amended and updated.[1]
B.
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated or otherwise altered without written notification
of the adjacent property owner(s) by the developer. Such stormwater
flows shall be subject to the requirements of this article.
C.
For all regulated activities, SWM BMPs shall be implemented, operated
and maintained to meet the purposes and requirements of this article
and to meet all requirements under Title 25 of the Pennsylvania Code,
the Clean Streams Law, and the Storm Water Management Act.
A.
Responsibilities of developers and landowners.
(1)
Facilities, areas or structures used as Stormwater Management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
(2)
Operation and maintenance (O&M) plans for stormwater management
approved pursuant to 25 Pa. Code Ch. 102 after the date of this
article shall be recorded as a restrictive deed covenant that runs
with the land.
(3)
The Borough may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
B.
Operation and maintenance agreements.
(1)
Prior to completing construction of a SWM site plan, the property
owner shall sign and record an operation and maintenance (O&M)
agreement (see Appendix A[1]) covering all stormwater control facilities which are
to be privately owned.
(a)
The owner, successor and assigns shall operate and maintain
all facilities in accordance with the approved schedule(s) in the
O&M plan.
(b)
The owner shall convey to the Borough conservation easements
to assure access for periodic inspections by the Borough and maintenance,
as necessary.
(c)
The owner shall keep on file with the Borough the name, address
and telephone number of the person or company responsible for operation
and maintenance activities. In the event of a change, new information
shall be submitted by the owner to the Borough within 10 working days
of the change.
[1]
Editor's Note: Appendix A, Operation and Maintenance (O&M)
Agreement, is on file in the Borough offices.
(2)
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the Borough may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
A.
Prohibited discharges and connections.
(1)
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter a regulated small MS4 or to enter the waters
of this commonwealth is prohibited.
(3)
The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or to the waters of this commonwealth:
(a)
Discharges from firefighting activities.
(b)
Potable water sources including waterline flushing.
(c)
Irrigation drainage/water.
(d)
Air-conditioning condensate.
(e)
Springs.
(f)
Water from crawl space pumps.
(g)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(h)
Diverted stream flows.
(i)
Flows from riparian habitats and wetlands.
(j)
Uncontaminated water from foundations or from footing drains.
(k)
Lawn watering.
(l)
Dechlorinated swimming pool discharges.
(m)
Uncontaminated groundwater.
(n)
Water from individual residential car washing.
(o)
Routine external building wash down (which does not use detergents
or other compounds).
B.
Roof drains and sump pumps. Roof drains and sump pumps shall discharge
to infiltration or vegetative BMPs.
A.
Right-of-entry. Upon presentation of proper credentials, the Borough
may enter at reasonable times upon any property within the Borough
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this article.
B.
Inspection. SWM BMPs should be inspected by the landowner or the
owner's designee (including the Borough for dedicated and owned facilities),
according to the following list of minimum frequencies:
C.
Enforcement. It is unlawful for any person to modify, remove, fill,
landscape or alter any approved SWM BMPs, facilities, areas or structures
without the written approval of DEP or a delegated County Conservation
District and the Borough.
D.
Suspension and revocation.
(1)
Any approval or permit issued by the municipality may be suspended
or revoked for:
(a)
Noncompliance with or failure to implement any provision of
an approved SWM site plan or O&M agreement.
(b)
A violation of any provision of this article or any other applicable
law, ordinance, rule or regulation relating to a regulated activity.
(c)
The creation of any condition or the commission of any act which
constitutes or creates a hazard, nuisance, pollution or endangers
the life or property of others.
(3)
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this article.
(4)
If a violation causes no immediate danger to life, public health
or property, at its sole discretion the Borough may provide a limited
time period for the owner to correct the violation. In these cases,
the Borough will provide the owner or the owner's designee with a
written notice of the violation and the time period allowed for the
owner to correct the violation. If the owner does not correct the
violation within the allowed time period, the Borough may revoke or
suspend any or all applicable approvals and permits pertaining to
any provision of this article.
E.
Penalties.
(1)
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000 plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Allegheny County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.[1]
(2)
In addition, the Borough may institute injunctive, mandamus or any
other appropriate action or proceeding at law or in equity for the
enforcement of this article. Any court of competent jurisdiction shall
have the right to issue restraining orders, temporary or permanent
injunctions, mandamus or other appropriate forms of remedy or relief.
F.
Appeals.
(1)
Any person aggrieved by any action of the Borough or its designee
relevant to the provisions of this article may appeal to Borough Council
within 30 days of that action.
(2)
Any person aggrieved by any decision of the Borough relevant to the
provisions of this article may appeal to the County Court of Common
Pleas in the county where the activity has taken place within 30 days
of the Borough's decision.
A.
Pennsylvania Department of Environmental Protection, No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
B.
Pennsylvania Department of Environmental Protection, No. 363-2134-008
(April 15, 2000), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
