Stormwater management consists of the planning, design, and
control of the conveyance and storage of surface waters resulting
from precipitation. Major objectives are the protection of water quality,
the prevention of flooding and erosion, and the promotion of the natural
recharge of groundwater. The Pennsylvania Stormwater Management Act was enacted in 1978 to address these crucial issues. The
intent of the Act is to encourage stormwater runoff planning and management,
with the program administered locally, consistent with the commonwealth's
duty as trustee of natural resources and the people's constitutional
right to the preservation of the environment. The Act places major
responsibility for managing stormwater on the landowner or developer.
This chapter shall be known and may be cited as the "City of
Lower Burrell Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
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 (SWM), 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 that provides groundwater
recharge for water supplies and supports the base flow of streams.
D. Green infrastructure.
(1) The use of green infrastructure and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to:
(c)
Harvest and use precipitation near where it falls to earth.
(2) Green infrastructure practices and LID contribute to the restoration
or maintenance of predevelopment hydrology.
E. 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) program.
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 §
252-3 of this chapter, through provisions designed to:
A. To the extent practicable, 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 as much as possible.
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 operation 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.
The municipality 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, and/or the Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.1 et seq., as amended, the Stormwater Management
Act.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of 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. To the extent that this chapter imposes more rigorous
or stringent requirements for stormwater management, the specific
requirements contained in this chapter shall be followed.
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 landowner or any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall,
unless an exemption is granted, implement such measures as are required
by this chapter 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, where practicable, quality of resulting
stormwater runoff in a manner which otherwise adequately protects
health, property, and water quality.