[Ord. No. 2014-2, 4/8/2014]
This Part shall be known and may be cited as the "Borough of
Strasburg Stormwater Management Ordinance."
[Ord. No. 2014-2, 4/8/2014]
1. The Strasburg Borough Council finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage 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 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 Borough and all the 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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES).
E. Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability thus decreasing erosion (DEP Riparian Forest Buffer Guidance,
November 27, 2010).
[Ord. No. 2014-2, 4/8/2014]
1. The purpose of this Part is to promote health, safety, and welfare
by minimizing the harms and maximizing the benefits described in § 302
of this Part 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 practicable.
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 stormwater management
best management practices (SWM BMPs) that are implemented within the
Borough.
H. Provide standards to meet NPDES permit requirements.
I. Promote stormwater runoff prevention through the use of nonstructural
Best Management Practices (BMPs).
J. Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the comprehensive plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K. Help preserve and protect exceptional natural resources, and conserve
and restore natural resource systems.
L. Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
[Ord. No. 2014-2, 4/8/2014]
1. Primary authority: The Borough of Strasburg is empowered to regulate
these activities by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1, et seq., as amended, the
"Stormwater Management Act" and Act 394 of 1937, as amended, 35 P.S. § 691.1
et seq., the Pennsylvania Clean Streams Law. The Borough also is empowered
to regulate land use activities that affect stormwater impacts by
the authority of the Act of February 1, 1996, P.L. (1965) 1656, No.
581, as reenacted and amended by the Act of May 17, 2012, P.L. 262,
No. 43, as amended, The Borough Code.
2. Secondary authority: The Borough of Strasburg also 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, as amended.
[Ord. No. 2014-2, 4/8/2014]
The provisions, regulations, limitations, and restrictions of
this Part shall apply to regulated activities, as defined in this
Part.
[Ord. No. 2014-2, 4/8/2014]
1. Except as otherwise required by law, this Part is intended as a continuation
of, and not a repeal of, existing regulations governing the subject
matter. To the extent that this Part restates regulations contained
in ordinances previously enacted by the Borough, this Part shall be
considered a restatement and not a repeal of such regulations. It
is the specific intent of Borough Council that all provisions of this
Part shall be considered in full force and effect as of the date such
regulations were initially enacted. All ordinances or parts of ordinances
inconsistent with the provisions of this Part are hereby repealed.
It is expressly provided that the provisions of this Part shall not
affect any act done, contract executed or liability incurred prior
to its effective date, or affect any suit or prosecution pending or
to be instituted to enforce any rights, rule, regulation or ordinance,
or part thereof, or to punish any violation which occurred under any
prior stormwater regulation or ordinance. In the event any violation
has occurred under any prior stormwater regulation or ordinance of
the Borough, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior stormwater regulation or
ordinance, and the provisions and penalties provided in said prior
stormwater regulation or ordinance shall remain effective as to said
violation.
2. Any plan (hereinafter defined) pending at the time of the effective
date of this Part shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto.
[Ord. No. 2014-2, 4/8/2014]
Should any section, provision or part thereof 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. 2014-2, 4/8/2014]
Approvals issued pursuant to 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.
[Ord. No. 2014-2, 4/8/2014]
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.
[Ord. No. 2014-2, 4/8/2014]
Except as specifically provided by the Pennsylvania Storm Water
Management Act, the making of any administrative decision by the Borough
or any of its officials or employees shall not constitute a representation,
guarantee or warranty of any kind by the Borough of the practicability
or safety of any proposed structure or use with respect to damage
from erosion, sedimentation, stormwater runoff, flood, or any other
matter, and shall create no liability upon or give rise to any cause
of action against the Borough of Strasburg and its officials and employees.
Borough Council, by enacting and amending this Part, does not waive
or limit any immunity granted to the Borough and its officials and
employees by the Governmental Immunity Act, 42 Pa. C.S. § 8541
et seq., and does not assume any liabilities or obligations.
[Ord. No. 2014-2, 4/8/2014;
as amended by Ord. No. 2022-1, 9/13/2022]
Notwithstanding any provision(s) of this Part, 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 as are reasonably necessary to prevent injury to health,
safety, or other property. Such measures also shall 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.
1. Each structural BMP installed pursuant to this Part shall be maintained
and operated by persons engaged in the development or redevelopment
of land so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function
for which the structural BMP was designed until transfer of ownership
and responsibilities has been successfully completed.
[Ord. No. 2014-2, 4/8/2014]
1. A financial security (bond, restricted account or letter of credit)
for stormwater related improvements shall be supplied by the developer
in conjunction with the subdivision/land development approval, or
in conjunction with the SWM site plan approval if no subdivision/land
development plan is required.
2. The applicant shall provide a financial security to the Borough for
the timely installation and proper construction of all SWM facilities,
including E&S BMPS, as required by the approved SWM site plan
and this Part and, as applicable, in accordance with the provisions
of Sections 509, 510, and 511 of the MPC.
3. As the work of installing the required SWM facilities proceeds, the
party posting the financial security may request Borough Council to
release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to Borough Council, and Borough Council shall have
45 days from receipt of such request within which to allow the Borough
Engineer to certify, in writing, to Borough Council that such portion
of the work upon the SWM facilities has been completed in accordance
with the approved SWM site plan. Upon such certification Borough Council
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Borough Engineer fairly representing
the value of the SWM facilities completed. Borough Council may, prior
to final release at the time of completion and certification by its
Engineer, require retention of 10% of the estimated cost of the aforesaid
SWM facilities.
4. In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan the Borough
is hereby granted the power to enforce any corporate bond, or other
security by appropriate legal and equitable remedies. If proceeds
of such bond, or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the SWM facilities
covered by said security, the Borough may, at its option, install
part of such SWM facilities and may institute appropriate legal or
equitable action to recover the monies necessary to complete the remainder
of the SWM facilities. All of the proceeds, whether resulting from
the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the SWM facilities covered by such security.
[Added by Ord. No. 2022-1, 9/13/2022]
Any person or entity owning or occupying a premises through
which the MS4 passes, or conducts activities subject to this Part
in which the MS4 passes or receives drainage from the site in which
the activities are subject to this Part, shall:
1. Keep and maintain that part of the premises reasonably free of trash,
debris, sediment, and other obstacles which may pollute, contaminate,
or retard the flow of water to or through the MS4.
2. Maintain existing structures within or adjacent to the MS4 so that
those structures will not become a hazard to the use, function, or
physical integrity of the MS4.
3. Protect inlets or other entry points to the MS4, including inlets
off-site or downstream, to the maximum extent practicable in which
activities, equipment, or materials could result in the discharge
of a pollutant or a nonstormwater discharge.
4. Protect receiving waters, and reduce/prevent discharge of pollutants
from the MS4 to receiving waterways in accordance with the requirements
of the Borough's MS4 permit.
[Added by Ord. No. 2022-1, 9/13/2022]
Any person or entity engaged in activities which may result
in discharges to the MS4 shall, to the maximum extent practicable,
undertake all measures to reduce the risk of non-stormwater discharges
and polluted discharges. The following requirements shall apply:
1. Every person or entity undertaking an activity or use of a premise
that may cause contribute to stormwater pollution or contamination,
illicit discharges, or nonstormwater discharges to the MS4 shall implement
structural and/or nonstructural BMPs to reduce or prevent a polluted
discharge. BMPs shall be maintained routinely throughout the life
of the activity.