Borough of Ben Avon, PA Part 1 GENERAL PROVISIONS

§ 23-101 Short Title.

[Ord. No. 787, 12/11/2018[1]]

This chapter shall be known and may be cited as the "Ben Avon Borough Stormwater Management Ordinance."

[1] Editor's Note: This chapter repealed former Ch. 23, Stormwater Management, adopted by Ord. No. 709, 11/18/2003.

§ 23-102 Statement of Findings.

[Ord. No. 787, 12/11/2018]

1. The governing body of the municipality 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: 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.

§ 23-103 Purpose.

[Ord. No. 787, 12/11/2018]

1. The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 23-102 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 municipality.

H. Provide standards to meet NPDES permit requirements.

§ 23-104 Statutory Authority.

[Ord. No. 787, 12/11/2018]

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,[1] 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 Stormwater Management Act.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 23-105 Applicability.

[Ord. No. 787, 12/11/2018]

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.

§ 23-106 Repealer.

[Ord. No. 787, 12/11/2018]

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.

§ 23-107 Severability.

[Ord. No. 787, 12/11/2018]

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.

§ 23-108 Compatibility with Other Requirements.

[Ord. No. 787, 12/11/2018]

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.

§ 23-109 Erroneous Permit.

[Ord. No. 787, 12/11/2018]

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.

§ 23-110 Waivers.

[Ord. No. 787, 12/11/2018]

1. If the municipality determines that any requirement under this chapter cannot be achieved for a particular requlated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 23-110, Subsection B. 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 municipality. The request shall provide the facts on which the request is based, the provisions of the chapter involved, and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of the chapter, including Subsection B below. If acceptable to the municipality, the municipality may grant the waiver or modification.

2. Waivers or modifications of the requirements of this chapter may be approved by the municipality 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 chapter 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 § 23-110A above.

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.

§ 23-111 Version of Regulations and Standards.

[Ord. No. 787, 12/11/2018]

Any reference to a statute, regulation or standard shall be interpreted to refer to the latest or most current version of that document.