This chapter shall be known and may be cited as the "Borough of Derry Stormwater Management Ordinance."
Council of the Borough of Derry finds that:
A. 
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, causes property damage and risk to public safety, and greatly increases the cost to the public to manage stormwater.
B. 
Inadequate planning and management of accelerated stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and stream banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.
C. 
The Borough is located in the Conemaugh River and the Loyalhanna Creek Watersheds and as such will endeavor to cooperate with other municipalities located in these watershed(s) to address issues of stormwater management, water quality, pollution and flooding.
D. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth in the Borough.
E. 
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
F. 
Public education on the control of pollution of stormwater is an essential component in the successful management of stormwater.
G. 
A comprehensive program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Borough and all the people of the commonwealth, their resources, and the environment.
H. 
The use of open space conservation, green infrastructure, low-impact development (LID) and riparian buffers 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, LID, and riparian buffers contribute to the restoration or maintenance of predevelopment hydrology.
I. 
Stormwater structures are considered vital infrastructure and can pose a significant hazard. Outlets and waterways which carry stormwater shall be maintained free of obstructions to allow for nonrestricted flow of stormwater to avoid impoundment of water.
J. 
Occupancy and modification of floodplains shall be avoided wherever there is a practicable alternative to reduce long- and short-term adverse impacts in order to reduce the risk of flood loss, minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains.
K. 
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 municipal separate storm sewer systems (MS4) under the National Pollutant Discharge Elimination System (NPDES). The Borough is subject to MS4 requirements by and through the stormwater and storm sewer facilities owned and operated by the Municipal Authority of the Borough of Derry (hereinafter throughout this chapter identified as "MABD").
L. 
The Westmoreland Conservation District (WCD) is a recognized regulatory agency with authority in the county and the Borough to regulate erosion and sediment controls and stormwater management related to land development activities. Because WCD's authority crosses municipal boundaries they are enabled to oversee environmental issues for the general benefit of all county residents.
M. 
The Westmoreland County Integrated Water Resources Plan (current edition) addresses all water resources and provides a decisionmaking tool for development and redevelopment with respect to those resources including stormwater and its management. Refer to www.paiwrp.com and www.westmorelandstormwater.org.
The purpose of this chapter is to promote health, safety, and welfare within the Borough and its watersheds by minimizing the harms and maximizing the benefits described in this section of this chapter, through provisions designed to:
A. 
Manage stormwater runoff impacts at their source by regulating activities that cause the problems, reduce runoff volumes and mimic natural hydrology.
B. 
Maintain existing flows and quality of streams and watercourses.
C. 
Prevent scour and erosion of stream banks and streambeds.
D. 
Utilize and preserve the existing natural drainage systems as much as possible.
E. 
Restore and preserve the natural and beneficial values served by streamside and water body floodplains.
F. 
Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
G. 
Promote stormwater runoff prevention and emphasize infiltration and evapotranspiration through the protection and conservation of natural resource systems and the use of nonstructural BMPs and other creative methods of improving water quality and managing stormwater runoff.
H. 
Promote the use of green infrastructure in development and redevelopment where it can also improve stormwater management within the broader watershed in which the project is located.
I. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a, to protect and maintain "existing uses" and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection" streams.
J. 
Provide review procedures and performance standards for stormwater planning and management.
K. 
Provide for proper operations and maintenance of all permanent stormwater management BMPs that are implemented in the Borough.
L. 
Provide a mechanism to identify controls necessary to meet the NPDES and MS4 permit requirements, and to encourage infrastructure improvements that lead to separation of storm sewer systems from sanitary sewer systems.
M. 
Assist in detecting and eliminating illicit stormwater discharges originating within the jurisdiction of the Borough and flowing into MABD's separate storm sewer system.
A. 
The Borough of Derry is empowered to regulate land use activities that affect stormwater runoff by the authority of the Stormwater Management Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended.
B. 
The Borough of Derry is also empowered to regulate land use activities that affect stormwater runoff by the authority of the Pennsylvania Borough Code, Title 8 Pa.C.S.A. § 101 et seq. and the Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
All regulated activities as defined by this chapter are subject to regulation by this chapter.
B. 
This chapter applies to any land development or regulated earth disturbance activities within the Borough, and all stormwater runoff entering into the Borough's separate storm sewer system servicing the Borough from lands within the boundaries of the Borough.
C. 
Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
Any other ordinance provision(s) or regulation of the Borough inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
If any word, phrase, section, sentence, clause or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, invalidity or illegality by a court of competent jurisdiction, shall not affect or impair any of the remaining words, phrases, sections, sentences, clauses or parts of this chapter. It is hereby declared to be the intent of the Council of the Borough of Derry that this chapter would have been adopted had such unconstitutional, illegal or invalid word, phrase, section, sentence, clause or part thereof not been included herein.
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. To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.
B. 
Conflicting provisions in other municipality ordinances or regulations shall be construed to retain the requirements of this chapter addressing state water quality requirements.
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.
Shall be consistent with PAG-13 NPDES General Permit for stormwater discharges from MS4 communities and as listed here.
A. 
Prohibited discharges.
(1) 
No person in the Borough shall introduce, permit or allow, or cause to introduce, permit or allow, stormwater discharges into the Borough separate storm sewer system which are not composed entirely of stormwater, except as permitted by this article; or
(a) 
As provided in Subsection A(2) below; or
(b) 
Discharges as authorized under a state or federal permit.
(2) 
Permissible discharges, based on a finding by the Borough that the discharge(s) does not significantly contribute to pollution to surface waters of the commonwealth, are recommended to be discharged safely to a vegetated area or infiltration BMP, but can also be discharged to a storm sewer system, include but are not limited to:
(a) 
Discharges from firefighting activities.
(b) 
Potable water sources including dechlorinated waterline and fire hydrant flushings.
(c) 
Noncontaminated irrigation drainage from agricultural practices.
(d) 
Routine external building washdown (which does not use detergents or other compounds).
(e) 
Noncontaminated air-conditioning condensate.
(f) 
Water from individual residential car, boat or other residential vehicle washing that does not use detergents or other compounds.
(g) 
Springs.
(h) 
Noncontaminated water from basement or crawl space sump pumps.
(i) 
Noncontaminated water from foundation or from footing drains.
(j) 
Flows from riparian habitats and wetlands.
(k) 
Lawn watering.
(l) 
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(m) 
Splash pad (recreational spray patio with no standing water) discharges.
(n) 
Noncontaminated groundwater.
(3) 
In the event that the Borough determines that any of the discharges identified in Subsection A(2) above significantly contributes to pollution of waters of the commonwealth, or is so notified by PADEP, the Borough will notify the landowner and/or the responsible person to cease the discharge.
(4) 
Upon notice provided by the Borough under Subsection A(3) above, the discharger will have a reasonable period of time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5) 
Nothing in this section shall affect, limit or alleviate a discharger's responsibilities under state or federal law.
B. 
Prohibited connections. The following sources, activities or connections are prohibited, except as provided in Subsection A(1) and (2) above:
(1) 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge including, but not limited to, sewage, process wastewater and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks.
(2) 
Any drain or conveyance connected from a commercial, industrial or other nonresidential land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Borough.
(3) 
Drains carrying stormwater or groundwater shall not be connected to or discharge to any public or private sanitary sewer system or facility.
C. 
Prohibited activities:
(1) 
A landowner may not alter the natural flow of surface water on their property by concentrating it in an artificial channel and discharging it upon lower land of their neighbor even though no more water is thereby collected than would naturally have flowed upon the neighbor's land in a diffused (shallow broad path or sheet flow) condition.
(2) 
A landowner may not alter any BMPs, facilities or structures that were installed under the chapter without written approval of the Borough.
D. 
Roof drains and sump pumps. Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs wherever feasible.
A. 
Neither the granting of any approval under the stormwater management provisions of this chapter, nor the compliance with the provisions of this chapter, or with any condition imposed by any public body of the Borough or by a Borough official, employee or consultant hereunder, shall relieve any person from any responsibility for damage to person or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough for damages to persons or property.
B. 
The granting of a permit which includes any stormwater management does not constitute a representation, guarantee or warranty of any kind by the Borough or WCD, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.