This chapter shall be known and may be cited as the "Borough of Leetsdale Stormwater Management Ordinance."
The governing body of the Borough finds that:
A. 
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 flood plain 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 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.
C. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams.
D. 
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: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) 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) program.
The purpose of this chapter is to promote health, safety, and welfare within the Borough and its watershed by minimizing the harms and maximizing the benefits described in § 257-2, through provisions designed to:
A. 
Meet legal 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 this commonwealth.
B. 
Preserve natural drainage systems.
C. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
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 best management practices (BMPs) that are implemented within the Borough.
H. 
Provide standards to meet NPDES permit requirements.
The Borough 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,[1] as amended, and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. Section 680.1, et seq., as amended, The Stormwater Management Act.[2]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
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.
This chapter is hereby enacted as an ordinance of the Borough of Leetsdale, Allegheny County, Pennsylvania, ("Borough") and shall take effect immediately upon final passage by Borough Council and approval by the Mayor.
Any other ordinance provision(s) or regulation of the Borough 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.
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.
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 Borough Council, a board, agency, commission, agent or employee of the Borough purporting to validate such a violation.
A. 
If the Borough, by and through the Borough Engineer, determines that any requirement under this chapter cannot be achieved for a particular regulated activity the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to Subsection C, pursuant to the process described in this section. The proposed area of disturbance shall be less than one acre.
B. 
The request for a modification or waiver shall originate with the applicant, shall be in writing, and shall accompany the stormwater management site plan submitted to the Borough. The request shall provide the facts on which the request is based, the provisions of the ordinance involved, and the proposed modification. The Borough Engineer or other designated plan reviewer shall review the request to determine if it meets the requirements of the ordinance, including Subsection C below and make a recommendation to Borough Council or its appointed hearing officer. Appointment of such third-party hearing officer is expressly authorized by this chapter. Borough Council may grant the waiver or modification after a local agency hearing as provided in Subsection D below.
C. 
Waivers or modifications of the requirements of this chapter may be approved by the Borough if enforcement will exact undue hardship because of unique physical circumstances or 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 ordinance is preserved. Hardship must be due to such unique physical circumstances or conditions and not to circumstances or conditions generally created by the provisions of the Stormwater Management Ordinance. Cost or financial burden shall not be considered a hardship. Modifications shall not substantially or permanently impair the appropriate use or development of adjacent property. A request for modifications shall be in writing and accompany the stormwater management site plan submission, as directed in Subsection A.
D. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough.
E. 
Consideration of waivers or requests for modification shall be filed with the Borough Manager, along with any hearing fee adopted by Council by resolution. Hearings are not public, unless specifically requested to be public by the applicant in writing at the time he/she/it files a request for waiver and/or modification from this chapter. Borough Council may appoint a third-party hearing officer to conduct the local agency hearing and make a recommendation to Council, who shall act upon the recommendation at a public meeting. Appeals from Borough Council determinations must be filed with the Court of Common Pleas of Allegheny County, consistent with relevant law and local procedural rules.
F. 
This section shall not apply to requests for waiver or modification to the provisions of Article V, Design Criteria. All requests for waivers or modifications from Article V shall be reviewed by the Borough for applications of any size earth disturbance.
Any reference to a statute, regulation or standard, shall be interpreted to refer to the latest or most current version of that document.
A. 
For regulatory purposes, the degree of stormwater management sought by the provisions of this chapter is considered reasonable. This chapter shall not impose upon the Borough any legal duty in addition to those duties otherwise imposed under the Stormwater Management Act[1] upon the Borough, any appointed or elected official, employee or representative of the Borough. It is not the intention of the Borough to guarantee the elimination of harm resulting from stream flow, floods, rain, snow, or stormwater runoff; or erosion resulting therefrom. It is the intention of the Borough to create reasonable stormwater management regulations which balance several competing interests in an appropriate fashion with the emphasis on public safety.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
B. 
This chapter does not imply that areas within or outside any identified flood-prone area will be free from flooding or flood damages.
C. 
Neither the granting of any approval under this chapter, nor the compliance with the provisions of this chapter, or with any condition imposed by the Borough or a Borough official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough for damages to person or property.
D. 
The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee, or warranty of any kind by the Borough, or by an official, employee, or consultant 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 the Borough, or an official, employee, or consultant thereof, for any damage that may result pursuant thereto.
A. 
For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
(2) 
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
(3) 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
B. 
These definitions do not necessarily reflect the definitions contained in pertinent regulations or statutes, and are intended for this chapter only.
ACT 167
The Borough is empowered to regulate land use activities that affect runoff and surface and groundwater quality and quantity by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. Section 680.1, et seq., as amended, the "Storm Water Management Act."
AGRICULTURAL ACTIVITY
Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.
APPLICANT
A landowner, developer, or other person who has filed an application to the Borough for approval to engage in any regulated activity at a project site in the Borough.
BEST MANAGEMENT PRACTICE (BMP)
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.
CONSERVATION DISTRICT
A conservation district, as defined in Section 3(c) of the Conservation District Law (3 P.S. § 851(c)) that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code 102.
DEP
The Pennsylvania Department of Environmental Protection.
DESIGN STORM
The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours) used in the design and evaluation of stormwater management systems. Also see Return Period.
DESIGNATED PLAN REVIEWER
A qualified professional as defined herein, or organization such as the Allegheny County Conservation District, that has been designated by the Borough to be the reviewer of SWM site plans for the Borough, and shall be understood to be the reviewer where indicated as the Borough within this chapter.
DETENTION BASIN
An impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely in a designed period after a rainfall event, and to become dry until the next rainfall event.
DETENTION VOLUME
The volume of runoff that is captured and released into the waters of the commonwealth at a controlled rate.
DEVELOPMENT SITE (SITE)
See Project Site.
DISTURBED AREA
An unstabilized land area where an earth disturbance activity is occurring or has occurred.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
EROSION
The natural process by which the surface of the land is worn away by water, wind, or chemical action.
EXISTING CONDITION
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FEMA
Federal Emergency Management Agency.
FLOODPLAIN
Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).
FLOODWAY
The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.
GREEN INFRASTRUCTURE
Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.
GROUNDWATER
Water beneath the earth's surface that supplies wells and springs and is within the saturated zone of soil and rock.
GROUNDWATER RECHARGE
The replenishment of existing natural underground water supplies from precipitation or overland flow.
HYDROLOGIC SOIL GROUP (HSG)
Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS[1]).
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to: roofs; additional indoor living spaces, patios, garages, storage sheds and similar structures; and any new streets or sidewalks. Decks, parking areas, and driveway areas are counted as impervious areas if they directly prevent infiltration.
INFILTRATION
Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater.
INVASIVE SPECIES
DCNR defines invasive plants as those species that are not native to the state, grow aggressively, and spread and displace native vegetation. (see http://www.dcnr.state.pa.us/cs/groups/public/documents/document/dcnr_010314.pdf for a list of invasive species.
LAND DEVELOPMENT (DEVELOPMENT)
Inclusive of any or all of the following meanings: (i) the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving (a) a group of two or more buildings or (b) the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features; (ii) any subdivision of land; (iii) development in accordance with Section 503(1.1) of the PA Municipalities Planning Code.[2]
LOW IMPACT DEVELOPMENT (LID)
Site design approaches and small-scale stormwater management practices that promote the use of natural systems for infiltration, evapotranspiration, and reuse of rainwater. LID can be applied to new development, urban retrofits, and revitalization projects. LID utilizes design techniques that infiltrate, filter, evaporate, and store runoff close to its source. Rather than rely on costly large-scale conveyance and treatment systems, LID addresses stormwater through a variety of small, cost-effective landscape features located onsite.
MUNICIPALITY
Borough of Leetsdale, Allegheny County, Pennsylvania ("Borough").
NATIVE VEGETATION
Plant species that have historically grown in Pennsylvania and are not invasive species as defined herein.
NRCS
USDA Natural Resources Conservation Service (previously SCS).
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm event.
PERVIOUS AREA
Any area not defined as impervious.
PRIVATE STREET
A street that has not been dedicated to the public nor accepted by the Borough.
PROJECT SITE
The specific area of land where any regulated activities in the Borough are planned, conducted, or maintained.
PUBLIC STREET
A street that has been or shall be dedicated to the public and accepted by the Borough.
QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State or otherwise qualified under Pennsylvania law to perform the work required by this chapter.
REGULATED ACTIVITIES
Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff.
REGULATED EARTH DISTURBANCE ACTIVITY
Activity involving earth disturbance subject to regulation under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
RELEASE RATE
The percentage of existing conditions peak rate of runoff from a site or subarea to which the proposed conditions peak rate of runoff must be reduced to protect downstream areas.
RELEASE RATE DISTRICT
A watershed or portion of a watershed for which a release rate has been established by an adopted Act 167 Stormwater Management Plan.[3]
RETENTION VOLUME/REMOVED RUNOFF
The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event.
RETURN PERIOD
The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the twenty-five-year return period rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a twenty-five-year storm occurring in any one year is 0.04 (i.e., a 4% chance).
RIPARIAN BUFFER
A permanent vegetated area of trees and shrubs located adjacent to streams, lakes, ponds and wetlands.
RUNOFF
Any part of precipitation that flows over the land.
SEDIMENT
Soils or other materials transported by surface water as a product of erosion.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[4]
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER MANAGEMENT FACILITY
Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to: detention and retention basins; open channels; storm sewers; pipes; and infiltration facilities.
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer or the developer's representative indicating how stormwater runoff will be managed at the development site in accordance with this chapter. Stormwater management site plan will be designated as SWM site plan throughout this chapter.
STREAM
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
SUBDIVISION
As defined in The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247.[5]
USDA
United States Department of Agriculture.
WATERCOURSE
See Stream.
WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
WATERSHED
Region or land area drained by a river, watercourse, or other surface water of this commonwealth to a downstream point.
WETLAND
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
[1]
Editor's Note: See § 257-43A and B.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
[4]
Editor's Note: See § 257-43A and B.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.