This chapter shall be known and may be cited as the "Borough
of Economy Stormwater Management Ordinance." The Borough of Economy
is hereinafter referred to as "Municipality."
The governing body of the municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout 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
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 that provides groundwater
recharge for water supplies and supports the base flow of streams.
D. The use of green infrastructure and low impact development (LID)
are intended to address the root cause of water quality impairment
by 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 pre-development 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 the chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in §
155-2 of the chapter 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 redevelopment 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 streambed.
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.
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 Stormwater
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 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 the 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.