This chapter shall be known and may be cited as the "Hanover
Borough Stormwater Management Ordinance."
The governing body of the Borough of Hanover, York County, Pennsylvania
(hereinafter referred to as "Borough"), finds that:
A.
Inadequate stormwater management of accelerated runoff resulting
from development throughout a watershed decreases natural soil infiltration,
increases flows and velocities, and contributes to erosion and sedimentation,
overtaxing the natural carrying capacity of streams and storm sewers.
This, in turn, greatly increases the cost of public facilities to
carry and manage stormwater, undermines floodplain management and
flood-control efforts in downstream communities, eliminates natural
infiltration capacity thus reducing groundwater recharge, threatens
public health and safety, and increases non-point source pollution
of community water resources.
B.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing increase volumes
of 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.
Surface water runoff from storms is an important water resource,
which provides infiltration for water purification, groundwater recharge
for water supplies and base flow of streams, which also protects and
maintains surface water quality.
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 the maximum extent practical to: 1) infiltrate and recharge, 2)
evapotranspiration, 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.
The purpose of this chapter is to promote health, safety, and welfare within the Borough and its watersheds by minimizing the harm and maximizing the benefits described in § 310-2 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 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 water
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 management
(SWM) best management practices (BMPs) that are implemented within
the Borough.
H.
Provide standards to meet NPDES permit requirements.
A.
Primary authority. The Borough is empowered to regulate land use
activities that affect stormwater impacts by the authority of the
Borough Code Act of February 1, (1966) 1965, P.L. 1656, No. 581, Ch.
08 (Art. hdg. reenacted May 17, 2012, P.L. 262, No. 43), and 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.
This chapter shall specifically repeal and replace in its entirety
Ordinance No. 2235 known as the "Hanover Borough Stormwater Management
Ordinance," of September 23, 2015, and further revised per Ordinance
No. 2273 dated August 22, 2018. Furthermore, any other ordinance provision
or regulation of the Borough inconsistent with any of the provisions
of this chapter is hereby repealed to give this chapter full force
and effect to the extent of the inconsistency only.
If a court of competent jurisdiction declares any section, clause
or provision of this chapter invalid, such decision shall not affect
the validity of any of the remaining sections, clauses or 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.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures to the MEP to prevent injury to health,
safety, or other property. Such measures include actions as are required
to manage the rate, volume, direction, and quality of resulting stormwater
runoff in a manner which otherwise adequately protects health, property,
and water quality.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense also imply the future tense.
B.
Words used in the singular imply the plural, and vice versa.
C.
Words of masculine gender include feminine gender, and vice versa.
D.
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s)
to all other instances of like kind and character.
E.
The words "person," "applicant," or "developer" include a partnership,
corporation, or other legal entity, as well as an individual.
F.
The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
G.
"Borough Engineer" shall be the Borough Engineer employed or appointed
by the Borough Council and any person designated by the Borough Engineer
or the Borough Council to act on behalf of the Borough Engineer.
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.
