This chapter shall be known and may be cited as the "Homestead
Borough Stormwater Management Ordinance."
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. Stormwater is an important water
resource that provides groundwater recharge for water supplies and
supports the base flow of streams.
4. 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.
5. 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 municipality and its watershed by minimizing the harms and maximizing the benefits described in §
19-102 of 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 this commonwealth.
2. Preserve natural drainage systems.
3. Manage stormwater runoff close
to the source, reduce runoff volumes and mimic predevelopment hydrology.
4. Provide procedures and performance
standards for stormwater planning and management.
5. Maintain groundwater recharge
to prevent degradation of surface and groundwater quality and to otherwise
protect water resources.
6. Prevent scour and erosion of
stream banks and streambeds.
7. Provide proper operation and
maintenance of all stormwater best management practices (BMPs) that
are implemented within the municipality.
8. Provide standards to meet NPDES
permit requirements.
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, 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.
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.
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 a board, agency or employee
of the municipality purporting to validate such a violation.
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.