This chapter shall be known and may be cited as the "Lemoyne
Borough Stormwater Management Ordinance."
The Lemoyne Borough Council finds that:
A. Inadequate management of runoff of stormwater resulting from development
throughout a watershed increases flood 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 erosion,
is fundamental to the public health, safety and welfare and the protection
of the people of the Borough 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. 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: infiltrate and recharge; evapotranspire; and/or harvest and use
precipitation near where it falls to earth. 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).
The purpose of this chapter is to promote the public health, safety and welfare by minimizing the damages described in §
460-2 of this chapter by 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 possible.
C. Manage stormwater runoff close to the source, reduce runoff volumes,
and mimic predevelopment hydrology.
[Amended 8-18-2022 by Ord. No. 772]
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 permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the Borough.
H. Provide standards to meet NPDES permit requirements.
I. Meet general water quality and soil disturbance goals by implementing
measures to:
(1) Minimize disturbance to floodplains, wetlands, natural slopes of
15% or greater, and existing native vegetation.
(2) Preserve and maintain trees and woodlands. Maintain or extend riparian
buffers and protect existing forested buffer. Provide trees and woodlands
adjacent to impervious areas whenever feasible.
(3) Establish and maintain nonerosive flow conditions in natural flow
pathways.
(4) Minimize soil disturbance and soil compaction. Over disturbed areas,
replace topsoil to a minimum depth equal to the original depth or
four inches, whichever is greater. Use tracked equipment for grading
when feasible.
(5) Disconnect impervious surfaces by directing runoff to pervious areas
wherever possible.
(6) Incorporate the techniques for low-impact development practices described
in the most current version of "The Pennsylvania Stormwater Best Management
Practices Manual" (SWM Manual).
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. Article
VIII, Detection and Elimination of illicit Discharges to the Municipal Separate Storm Sewer System, shall be applicable to all water entering the storm drain system of the Borough generated on any developed and undeveloped lands unless explicitly exempted by the Borough. The following activities are included within the scope of this chapter:
C. Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
D. Construction of structures or additions to existing structures, as
determined by the Borough.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater systems or appurtenances thereto.
G. Any other activities that may affect stormwater runoff or cause accelerated
erosion or sedimentation are subject to regulation by this chapter.
[Added 8-18-2022 by Ord. No. 772]
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.
Permits and 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. If more stringent requirements concerning
regulation of stormwater or erosion and sedimentation control are
contained in the other code, rule, act or ordinance, the more stringent
regulation shall apply.
[Amended 8-18-2022 by Ord. No. 772]
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of the chapter is observed. All requests for a modification shall
be submitted by the applicant in writing and shall accompany and be
a part of the application for stormwater management plan approval.
A. If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to Subsections
B and
C.
B. Waivers or modifications of the requirements of this chapter may
be approved by the municipality if literal enforcement will exact
undue hardship because of peculiar conditions pertaining to the land
in question, provided that the modifications will not be contrary
to the public interest and that the purpose of the chapter is preserved.
Cost or financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the chapter. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the chapter involved
and the proposed modification.
C. 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.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A. Words used in the present tense also imply the future tense.
B. Words used in the singular imply the plural, and vice versa.
C. Words of masculine gender include feminine gender, and vice versa.
D. The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s) to all
other instances of like kind and character.
E. The words "person," "applicant," or "developer" include, a partnership,
corporation, or other legal entity, as well as an individual.
F. The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
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 the Council, agency or employee
of the Borough purporting to validate such a violation.