This chapter shall be known and may be cited as the "Dallastown
Borough Stormwater Management Ordinance."
The governing body of the Borough of Dallastown finds that:
A. The proper management of stormwater runoff is the responsibility
of the property owner or developer.
B. 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.
C. 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.
D. 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.
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).
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 §
173-102 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 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
installed and implemented within the Borough.
H. Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities
that affect stormwater impact by the authority of the Pennsylvania
Borough Code, Act 581 of 1965, 8 Pa.C.S.A. § 2201 et seq.,
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53
Pa.C.S.A. § 10101 et seq., and the Act 167 of 1978, 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. Article
VIII, Prohibitions, shall be applicable to all water entering the Borough's storm drain system generated on any developed and/or undeveloped lands unless explicitly exempted by the Borough.
Any other ordinance provision or regulation of the Borough inconsistent
with any of the provisions of this chapter, specifically, Ordinance
No. 527, adopted May 23, 2005, 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, clauses
or provisions of this chapter.
Approvals issued pursuant to and actions taken under this chapter
do not relieve the applicant of the responsibility to secure all required
permits or approvals for activities regulated by any other applicable
code, rule, act, law, regulation, or ordinance. If more stringent
requirements concerning regulation of stormwater or erosion and sedimentation
control are contained in another code, rule, act, regulation, or ordinance,
the more stringent requirements shall apply.
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.
Any exemption, 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 the Council,
agency or employee of the Borough purporting to validate such a violation.
Amendments to the appendices and tables
attached to this chapter may be made from time to time by resolution of the Borough's governing body, and reference to such amendments shall be listed in a new Appendix E, Amendments to Appendices and Tables.