This chapter shall be known and may be cited as the "Borough
of Plymouth Stormwater Management Ordinance."
The governing body of the municipality finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases 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, including reasonable
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, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
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).
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 § 201-102 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 the natural drainage systems as much as possible.
C.
Manage stormwater runoff close to the source.
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 permanent SWM BMPs
that are implemented within the municipality.
H.
Provide standards to meet NPDES permit requirements.
A.
Primary authority. The municipality is empowered to regulate these
activities by the authority of 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" and the (appropriate municipal code).
B.
Secondary authority:
The municipality also 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, 53 P.S. § 10101 et seq., the Pennsylvania
Municipalities Planning Code, as amended.
A.
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.
B.
Pennsylvania Department of Transportation (PennDOT) roadway projects
will perform stormwater management consistent with Publication 13M
(Design Manual-2) Chapter 13.6 Antidegradation and Post Construction
Stormwater Management Policy.
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.
A.
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.
B.
If the municipality administers its own Subdivision and Land Development
Ordinance, the municipality shall be responsible for administering
this chapter.
C.
If the municipality falls under the authority of the Luzerne County
Subdivision and Land Development Ordinance, the County shall be responsible
for administering this chapter.
D.
The standards and criteria in this chapter supersede the standards
and criteria in the previously enacted Luzerne County Stormwater Management
Ordinance.
