This chapter shall be known and may be cited as the "Jacobus Borough Stormwater Management Ordinance."
The governing body of Jacobus Borough 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 Borough and its watershed(s) by minimizing the harm and maximizing the benefits described in § 200-2 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 SWM BMPs that are implemented within the Borough.
H. 
Provide standards to meet NPDES permit requirements.
The Borough is empowered to regulate land use activities that affect stormwater impacts by the authority of the Pennsylvania Borough Code, 53 P.S. § 45101 et seq., as amended, the Act of February 1, 1966, P.L. 1656, 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.
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.
In the event that 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, subsections, 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. If more stringent requirements or additional requirements concerning regulation of stormwater or erosion and sedimentation control are applicable and contained in another code, rule, act, regulation, or ordinance, the more stringent requirement shall apply.
Unless otherwise expressly stated, the succeeding shall, for the purposes of this chapter, be interpreted in the following manner, unless the context clearly requires literal usage:
A. 
Words used in the present tense also include the future tense.
B. 
Words used in the singular include 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 words 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.
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.
Each property owner is responsible for managing stormwater runoff in a manner consistent with the provisions of this chapter so as not to create an adverse impact on other properties or cause erosion.
A. 
If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 200-12B and C.
B. 
Waivers and modifications of the requirements of this chapter may be approved by the Borough if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the chapter is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the chapter. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the chapter involved, and the proposed modification.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough unless the action is approved in advance by the Department of Environmental Protection or the delegated county conservation district.