This chapter shall be known and may be cited as the "Brentwood
Borough Stormwater Management Ordinance."
The Council of the Borough of Brentwood 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
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
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: 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) 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 §
177-2 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 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, as amended, and/or the Act of October 4, 1978, P.L. 864
(Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm
Water Management Act.
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.
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 a board, agency or employee
of the Borough purporting to validate such a violation.
If the Borough 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. Waivers shall be subject to the following:
A. The proposed area of disturbance shall be less than one acre. The
request for a modification or waiver shall originate with the landowner,
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 designated plan reviewer
shall review the request to determine if it meets the requirements
of the Ordinance. If acceptable to the Borough, the Borough may grant
the waiver or modification.
B. 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.
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 Borough.
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.