This Part shall be known and may be cited as the "Bristol Borough Stormwater Management Ordinance."
[Ord. No. 1358, 9/12/2022[1]]
1. 
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout a 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. 
Inadequate planning and management of 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. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the commonwealth, their resources, and the environment.
D. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow, and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
E. 
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.
F. 
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).
G. 
The use of green infrastructure 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: 1) infiltrate and recharge, 2) evapotranspire, 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 pre-development hydrology.
H. 
Public education on the control of pollution from stormwater is essential component in successfully addressing stormwater.
I. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.
[1]
Editor's Note: This ordinance also repealed former Ch. 26, Stormwater Management, which was adopted by Ord. 1232, 2/12/2007, as amended.
[Ord. No. 1358, 9/12/2022]
1. 
The purpose of this Part is to promote health, safety, and welfare within the Delaware River South watershed by minimizing the damages described in § 26-101 of this Part through provisions designed to:
A. 
Promote alternative project designs and layout that minimizes impacts to surface and ground water.
B. 
Promote nonstructural best management practices.
C. 
Minimize increases in stormwater volume.
D. 
Minimize impervious surfaces.
E. 
Manage stormwater runoff and erosion and sedimentation problems close to the source, reduce runoff volumes and mimic predevelopment hydrology.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Maintain existing flows and quality of streams and watercourses in the municipality and the commonwealth.
J. 
Preserve and restore the flood-carrying capacity of streams.
K. 
Provide performance standards, design criteria, and review procedures for watershed-wide stormwater management and planning.
L. 
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 the commonwealth.
M. 
Prevent scour and erosion of stream banks and streambeds.
N. 
Provide proper operations and maintenance of all stormwater best management practices (BMPs) that are implemented within the municipality.
O. 
Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the municipality's separate storm sewer system.
P. 
Provide standards to meet NPDES permit requirements.
[Ord. No. 1358, 9/12/2022]
The Borough 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,[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 1358, 9/12/2022]
1. 
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this Part.
2. 
All discharges entering into the municipality's separate storm sewer system are subject to regulation by this Part.
3. 
The following activities are defined as "regulated activities" and shall be regulated by this Part:
A. 
Land development.
B. 
Subdivision.
C. 
Redevelopment.
D. 
Earth disturbance activities.
E. 
Construction of new or additional impervious or semi-pervious surfaces (roads, driveways, parking lots, patios, tennis courts, etc.).
F. 
Construction of new buildings or additions to existing buildings.
G. 
Diversion or piping of any natural or man-made stream channel.
H. 
Installation of BMPs and/or stormwater management facilities or appurtenances thereto.
4. 
Part 1H, regarding prohibitions, is applicable to all discharges entering into the municipality's separate storm sewer system regardless of project type or proposed impervious surface area or the area of earth disturbance. These prohibitions apply to proposed or new discharges as well as existing discharges.
5. 
Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This Part shall operate in coordination with those parallel requirements; the requirements of this Part shall be no less restrictive in meeting the purposes of this Part than state law.
[Ord. No. 1358, 9/12/2022]
Any ordinance or ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.
[Ord. No. 1358, 9/12/2022]
Should any section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 1358, 9/12/2022]
1. 
Approvals issued and actions taken under this Part do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. To the extent that this Part imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this Part shall be followed.
2. 
Nothing in this Part shall be construed to affect any of the municipality's requirements regarding stormwater matters which do not conflict with the provisions of this Part, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this Part addressing state water quality requirements.
[Ord. No. 1358, 9/12/2022]
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.
[Ord. No. 1358, 9/12/2022]
1. 
If the municipality determines that any requirement under this Part cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this Part.
2. 
Waivers or modifications of the requirements of this Part may be approved by the municipality 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 ordinance 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 ordinance. 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 ordinance involved and the proposed modification.
3. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.