This chapter shall be known and may be cited as the "The Abbottstown
Borough Stormwater Management Ordinance."
The Council of Abbottstown Borough finds that:
A.
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.
B.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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
nonpoint source pollution of water resources.
C.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of the people of Abbottstown Borough, their resources, and the environment.
The purpose of this chapter is to promote health, safety, and welfare within Abbottstown Borough and its watersheds by minimizing the harm and maximizing the benefits described in § 180-2 of this chapter, through provisions designed to:
A.
Meet water quality requirements under state law, including regulations
at 25 Pa. Code 93, to protect, maintain, reclaim, and restore the
existing and designated uses of the waters of the commonwealth.
B.
Preserve the natural drainage systems as much as possible.
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 stream beds.
G.
Provide proper operation and maintenance of all stormwater management
best management practices that are implemented within Abbottstown
Borough.
H.
Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities
that affect stormwater impacts by the authority of Section 2201 of
the Borough Code, Act of February 1, 1966, P.L. (1965), No. 581, as
amended, 8 Pa.C.S.A. § 201 et seq., and the Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq.
A.
All regulated activities, as defined in Article II, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter.
B.
Any submission that does not require a stormwater management plan
at the time of subdivision or land development will still be required
to address stormwater management at the time the individual lots are
developed or construction commences, unless said subdivision proposes
infrastructure features, such as a cul-de-sac street, for which stormwater
management controls are ordinarily required.
C.
Development of the individual lots is subject to stormwater management
as defined within this chapter.
Any other Abbottstown Borough ordinance provision or regulation
inconsistent with any of the provisions of this chapter is hereby
repealed to give this chapter full force and effect to the extent
of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section, clause or provision of this chapter invalid, such decision
shall not affect the validity of any of the remaining sections, clauses
or 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. In the event of a conflict, between this chapter and
any other ordinance, the more restrictive ordinance shall apply.
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 Abbottstown Borough purporting to validate such a violation.
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 shall include
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which 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, or with any condition
imposed by a Abbottstown Borough official hereunder, shall relieve
any person from any responsibility or damage to persons or property
resulting there from, or as otherwise imposed by law nor impose any
liability upon Abbottstown Borough 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 Abbottstown Borough, 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.
