This chapter shall be known and may be cited as the "Montgomery
Borough Stormwater Management Ordinance."
The governing body of the municipality finds that:
A.
Accelerated runoff of stormwater resulting from development throughout
a watershed can increase flows and velocities, contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, greatly 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 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 and welfare and the protection
of people of the commonwealth, their resources and the environment.
C.
Stormwater is an important water resource. Less runoff provides for
increased 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 separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 386-2 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.
Authorize a comprehensive program of stormwater management designated
to preserve and restore the flood-carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross-section of water
of the commonwealth; and to protect and conserve groundwaters and
groundwater recharge areas.
C.
Manage stormwater runoff close to the source.
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 operations and maintenance of all permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the municipality.
H.
Provide standards to meet NPDES permit requirements.
I.
Encourage the provision or upgrade of stormwater BMPs for existing
development.
J.
Facilitate the development of Chesapeake Bay nutrient credits for
retrofit stormwater facilities or regulated activities that exceed
the minimum nutrient reduction standards.
A.
Primary authority. The municipality 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, 8 Pa.C.S.A. § 101
et seq.
B.
Secondary authority. The municipality 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.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance,
are subject to regulation by this chapter.
Approvals issued and actions taken under this chapter do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other code, law, regulation
or ordinance.
