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[1] 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.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
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:
(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,[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
In the City of Lower Burrell, all regulated activities and all activities
that may affect stormwater runoff, including land development and
earth disturbance activity, are subject to regulation by this chapter.
B.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and other regulations.
This chapter shall operate in coordination with those parallel requirements;
the requirements of this chapter shall be no less restrictive in meeting
the purposes of this chapter than state law.
C.
"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:
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.
A.
The provisions of this chapter are the minimum standards for the
protection of the public welfare.
C.
If an applicant demonstrates to the satisfaction of the governing body of the municipality that any mandatory provision of this chapter is unreasonable or causes unique or undue hardship as it applies to the proposed project, or that an alternate design may result in a superior result within the context of §§ 252-3 and 252-4 of this chapter, the governing body of the municipality, upon obtaining the comments and recommendations of the Municipal Engineer, may grant a waiver or relief so that substantial justice may be done and the public interest is secured; provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
D.
The applicant shall submit all requests for waivers in writing and
shall include such requests as a part of the plan review and approval
process. The applicant shall state in full the facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter that are involved, and the minimum waiver or relief
that is necessary. The applicant shall state how the requested waiver
and how the applicant's proposal shall result in an equal or better
means of complying with the intent or purpose and general principles
of this chapter.
E.
The municipality shall keep a written record of all actions on waiver
requests.
F.
All waiver requests must be accompanied by a fee set by resolution
by the City of Lower Burrell, the fee being designed to cover the
administrative costs of reviewing the waiver request. The applicant
shall also agree to reimburse the municipality for reasonable and
necessary fees that may be incurred by the Municipal Engineer and
Solicitor in any review of a waiver request.
G.
In granting waivers, the municipality may impose reasonable conditions
that will, in its judgment, secure substantially the objectives of
the standards or requirements that are to be modified.
H.
The municipality may grant applications for waivers when the following
findings are made, as relevant, that:
(1)
The waiver shall result in an equal or better means of complying
with the intent of this chapter.
(2)
The waiver is the minimum necessary to provide relief.
(3)
The applicant is not requesting a waiver based on cost considerations.
(4)
Existing down-gradient stormwater problems will not be exacerbated.
(5)
Increased flooding or ponding on off-site properties or roadways
will not occur.
(6)
Potential icing conditions will not occur.
(7)
Increase of peak flow or volume from the site will not occur.
(8)
Erosive conditions due to increased peak flows or volume will not
occur.
(9)
Adverse impact to water quality will not result.
(10)
Increased one-hundred-year floodplain levels will not result.
(11)
Increased or unusual municipal maintenance expenses will not
result from the waiver.
(12)
Infiltration of runoff throughout the proposed site has been
provided where practicable and predevelopment groundwater recharge
protected.
(13)
Peak flow attenuation of runoff has been provided.
(14)
Long-term operation and maintenance activities are established.
(15)
The receiving streams and/or water bodies will not be adversely
impacted in flood-carrying capacity, aquatic habitat, channel stability
and erosion and sedimentation.
I.
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.
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.
A.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, nor with any condition
imposed by a municipal official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law nor impose any liability
upon the municipality for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the municipality, or by an official or employee thereof,
of the practicability or safety of any structure, use or other plan
proposed, and shall create no liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
