61.1.1.
This chapter shall be known and may be cited as the "Bethel Park
Stormwater Management Ordinance."
61.2.1.
The governing body of the Municipality finds that:
1.
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 nonpoint source pollution of water resources.
2.
A comprehensive program of stormwater management (SWM), including
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.
3.
Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed can
also harm surface water resources by changing the natural hydrologic
patterns; accelerating stream flows (which increases scour and erosion
of streambeds and stream banks, thereby elevating sedimentation);
destroying aquatic habitat; and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources are also impacted through loss of recharge.
4.
Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
5.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
6.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of the waters of the commonwealth.
7.
The use of green infrastructure (GI) 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:
8.
Federal and state regulations require municipalities to implement
a program of stormwater controls. Municipalities are required to obtain
a permit for stormwater discharges from their separate storm sewer
system (MS4) under the National Pollutant Discharge Elimination System
(NPDES) program.
61.3.1.
The purpose of this chapter is to promote health, safety, and welfare
within the Municipality and its watersheds by minimizing the harms
and maximizing the benefits described in this chapter, through provisions
designed to:
1.
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.
2.
Manage accelerated runoff and erosion and sedimentation problems
close to their source by regulating activities that cause these problems.
3.
Preserve the natural drainage systems to the maximum extent possible.
4.
Maintain groundwater recharge, to prevent degradation of surface
and groundwater quality, and to otherwise protect water resources.
5.
Maintain existing flows and quality of streams and watercourses.
6.
Preserve and restore the flood-carrying capacity of streams and prevent
scour and erosion of stream banks and streambeds.
7.
Manage stormwater impacts close to the runoff source, with a minimum
of structures and a maximum use of natural processes.
8.
Provide procedures, performance standards, and design criteria for
stormwater planning and management.
9.
Provide proper operations and maintenance of all temporary and permanent
stormwater management facilities and best management practices (BMPs)
that are constructed and implemented.
10.
Provide standards to meet the NPDES permit requirements.
11.
Implement an illegal discharge detection and elimination program
within MS4 permitted urbanized areas to address nonstormwater discharges
into municipal separate storm sewer systems.
12.
Coordinate land development in accordance with the Zoning Ordinance,
Subdivision and Land Development Ordinance, County and Municipal Comprehensive
Plans, Watershed Plans, and other plans of the Municipality and county.
61.4.1.
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, No. 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.
61.5.1.
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.
61.6.1.
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.
61.7.1.
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.
61.8.1.
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.
61.9.1.
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.
61.10.1.
Compliance with this chapter does not preclude the need to obtain
other permits and approvals as may be required by the Municipality,
Allegheny County, the Allegheny County Conservation District, the
Commonwealth of Pennsylvania, the federal government or other agencies.
Other permits and approvals may include subdivision and land development
plan, zoning permits, building code permits, an erosion and sedimentation
pollution control plan, National Pollution Discharge Elimination System
(NPDES) permit, water obstruction and encroachment permit, dam safety
permit, submerged lands license agreement, Sections 401 and 404 of
the Clean Water Act[1] and others. The most stringent of all pertinent requirements
shall apply.
[1]
Editor's Note: See 33 U.S.C.A. §§ 1341
and 1344.
61.11.1.
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.
61.12.1.
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. The request for a waiver or modification
shall originate with the landowner, shall be in writing, and shall
accompany the stormwater management site plan submission to the Municipality.
The request shall provide the facts on which the request is based,
the provision(s) of the chapter involved and the proposed modification.
61.12.2.
Waivers or modifications of the requirements of this chapter
may be approved by the Municipality (where the proposed area of disturbance
is less than one acre) if enforcement will exact undue hardship because
of unique physical circumstances or pre-existing site conditions peculiar
to the land in question, provided that the modifications will not
be contrary or detrimental to the public interest and will achieve
the intended outcome, and that the purpose of the chapter is preserved.
Hardship must be due to such unique physical circumstances or pre-existing
site conditions and not the circumstances or conditions generally
created by the provisions of the Stormwater Management Ordinance;
and there is no possibility that the property can be developed in
strict conformity with the provisions of the Stormwater Management
Ordinance. Cost or financial burden shall not be considered a hardship.
Hardship cannot have been created by the landowner or developer. Modification
shall not substantially or permanently impair the appropriate use
or development of adjacent property. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of the chapter. The Municipality cannot
approve waivers or modifications where the proposed area of disturbance
is greater than or equal to one acre.
61.12.3.
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).
61.12.4.
If the total proposed impervious surface is less than 400 square
feet, and there were no previous impervious surface additions created
after May 1, 2017, a stormwater management plan is not required.
61.13.1.
Any reference to a statute, regulation or standard shall be
interpreted to refer to the latest or most current version of that
document.
