[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.
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.
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.