[Ord. 00075, 4/14/2014, § 17-101]
This chapter shall be enacted as a substitute for current Chapter
17 of the Borough of Akron Code of Ordinances and may hereinafter be known and may be cited as the "Akron Borough Stormwater Management Ordinance" ("SWMO").
[Ord. 00075, 4/14/2014, § 17-102]
1. Council of the Borough of Akron finds that:
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 control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint 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, welfare, and
the protection of the people of the Municipality and all the people
of the commonwealth, their resources, and the environment.
C. 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.
D. Federal and state regulations require certain municipalities to implement
a program of stormwater controls. Akron Borough is required to obtain
a permit for stormwater discharges from its municipal separate storm
sewer systems (MS4) under the National Pollutant Discharge Elimination
System (NPDES).
E. Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion.
[Ord. 00075, 4/14/2014, § 17-103]
1. The purpose of this chapter is to promote health, safety, and welfare by minimizing the harm and maximizing the benefits described in §
17-102 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. Preserve the natural drainage systems as much as practicable.
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 operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within the
Borough.
H. Provide standards to meet NPDES permit requirements.
I. Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J. Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the Borough's Comprehensive
Plan; allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K. Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L. Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
[Ord. 00075, 4/14/2014, § 17-104]
1. Primary Authority. The Borough 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 "Stormwater Management
Act" and Act 394 of 1937, as amended, 35 P.S. § 6911 et
seq., the Pennsylvania Clean Streams Law. The Borough also is empowered
to regulate the Borough Code, 53 P.S. § 45101 et seq., including,
but not limited to, Article XXII thereof.
2. Secondary 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 (hereinafter "PMPC"). However, in the case of the PMPC, administrative and related provisions not specifically referenced in this chapter shall not be considered adopted by reference. Ordinances adopted pursuant to the PMPC, including, but not limited to, Chapters
22 and
27 of the Borough of Akron Code of Ordinances, respectively covering subdivision and land development and zoning, shall continue to apply as amended.
[Ord. 00075, 4/14/2014, § 17-105]
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
[Ord. 00075, 4/14/2014, § 17-106]
1. Except as hereinafter provided, all of current Chapter
17 of the Borough of Akron Code of Ordinances shall be repealed on the effective date hereof. Notwithstanding the foregoing, except as otherwise required by law, this chapter
17 is intended as a continuation of, end not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in Chapter
17 previously enacted by the Borough, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Borough that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior stormwater regulation or Chapter. In the event any violation has occurred under any prior stormwater regulation or Chapter of the Borough's Code of Ordinances prosecution may be initiated against the alleged offender pursuant to the provisions of said prior stormwater regulation or Chapter, and the provisions and penalties provided in said prior stormwater regulation or Chapter shall remain effective as to said violation.
2. Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto. Any subdivision and land development plan filed pursuant to
the provisions of the Pennsylvania Municipalities, and pursuant to
the law and ordinances in effect in effect at the time of the effective
date of this chapter may proceed with development in accordance with
the filing at the time of the effective date of this chapter, consistent
with § 508(4) of the PMPC.
[Ord. 00075, 4/14/2014, § 17-108]
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance.
[Ord. 00075, 4/14/2014, § 17-109]
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 permits or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Borough purporting to validate such a violation.
[Ord. 00075, 4/14/2014, § 17-110]
1. Except as specifically provided by the Pennsylvania Stormwater 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 Borough or any of its officials or employees shall not constitute
a representation, guarantee or warranty of any kind by the Borough
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 Borough and its officials
and employees. Borough, by enacting and amending this chapter, does
not waive or limit any immunity granted to the Borough 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.
2. Nothing contained in this chapter and no review by the Borough or
any of its agents or officials shall be construed by any person to
be (unless specifically applied for and granted in writing, in advance,
by the Borough Council), a waiver of any term or condition of this
chapter.
3. Borough shall not be held liable for lack of compliance with the
terms and conditions of this chapter by any person or for the mistakes
of any person in complying with or implementing the terms and conditions
of this chapter.
4. All approvals are subject to all other laws, ordinances, rules and
regulations then in effect applicable to all applications, which said
other rules, ordinances and regulations are adopted herein by reference.
5. All applicants agree to and shall indemnify, defend and save harmless
the Borough from any and all costs incurred by Borough (including
its reasonable attorneys fees) arising out of intentional action or
negligent action by applicants and/or their agents or employees.
[Ord. 00075, 4/14/2014, § 17-111]
Notwithstanding any provision(s) of this chapter, 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. 00075, 4/14/2014, § 17-112]
1. A financial security (bond, restricted account or letter of credit)
for stormwater related improvements shall be supplied by the developer
or owner in conjunction with the subdivision/land development approval,
or in conjunction with the SWM site plan approval if no subdivision/land
development plan is required.
2. The applicant shall provide a financial security to the Borough for
the timely installation and proper construction of all SWM facilities,
including E&S BMPs, as required by the approved SWM site plan
and this chapter and, as applicable, in accordance with the provisions
of §§ 509, 510, and 511 of the MPC.
3. An improvement security (bond or letter of credit) for stormwater
related improvements may be supplied by the developer or owner in
conjunction with any subdivision or land development plan approval.
An applicant for subdivision or land development plan approval
shall provide an improvement security to the Borough for the timely
installation and proper construction of all stormwater management
facilities as required by the approved stormwater management plan
and this chapter equal to 110% of the construction cost of the required
controls.
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The amount of financial security must be established based on
the Borough's review and approval of an "opinion of probable
cost" of the required improvements submitted by the developer's
engineer. The opinion shall be signed, sealed, and dated by the registered
professional engineer responsible for the opinion.
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4. In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan the Council
of the Borough is hereby granted the power to enforce any corporate
bond, or other security by appropriate legal and equitable remedies.
If proceeds of such bond, or other security are insufficient to pay
the cost of installing or making repairs or corrections to all the
SWM facilities covered by said security, the Council of the Borough
may, at its option, install part of such SWM facilities and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the SWM facilities. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the Developer, or both, shall be used solely
for the installation of the SWM facilities covered by such security,
and not for any other municipal purpose.
[Ord. 00075, 4/14/2014, § 17-113]
1. Except as otherwise specifically herein provided, all issues associated
with improvement security, shall be governed by the provisions of
§§ 509, 510, and 511 of the PMPC, as amended 53 P.S.
§§ 10509, 10510, 10511, which provisions, to the extent
applicable, are adopted herein by reference.
2. If an irrevocable letter of credit from a financial institution is
submitted as security, it shall not expire without the Borough being
notified at least 60 days in advance.