The Borough of Jim Thorpe 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 reduction efforts in upstream and downstream communities, reduces groundwater recharge, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
The purpose of this chapter is to promote health, safety, and welfare within the Borough of Jim Thorpe by minimizing the damages described in § 377-1A of this chapter through provisions designed to:
A. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.
B. 
Utilize and preserve the existing natural drainage systems.
C. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
D. 
Maintain existing flows and quality of streams and watercourses in the Borough and the commonwealth.
E. 
Preserve and restore the flood-carrying capacity of streams.
F. 
Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Borough.
G. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
The Borough is empowered to regulate land use activities that affect runoff 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."
A. 
This chapter shall apply to those areas that are located within the Borough of Jim Thorpe.
B. 
This chapter shall only apply to permanent stormwater management facilities constructed as part of any of the regulated activities listed in this section. Stormwater management and erosion and sedimentation control during construction activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances.
C. 
This chapter contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinances or at the municipal engineer's discretion.
D. 
The following activities are defined as "regulated activities" and shall be regulated by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious or semipervious surfaces (i.e., driveways, parking lots, etc.)
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation of stormwater management facilities or appurtenances thereto.
Any proposed regulated activity, except those defined in § 377-4D(5) and (6), that meets the following exemption criteria is exempt from meeting the provisions of this chapter. This exemption does not relieve the landowner or developer from complying with water quality and groundwater recharge standards under § 377-11C, and the special requirements under § 377-12L for areas within exceptional value and high quality subwatersheds. All semi-impervious and impervious areas indicated in exemption calculations are to be cumulative such that the exemption applies only once to a tract, and if the exemption amount is exceeded, it is not applicable and all previously exempted semi-impervious and impervious areas must be managed. December 8, 2005, which is the date of Borough's original adoption of this chapter, shall be the starting date from which to consider tracts as existing conditions. Additional semi-impervious and impervious cover constructed after that date shall be considered new semipervious or new impervious cover for the purposes of these regulations. Development plans qualifying for this waiver would still be required to manage the quantity, velocity and direction of resulting stormwater runoff as is reasonably necessary to prevent injury to health, safety or other property. For developments taking place in stages, the entire development plan must be used in determining conformance with this criteria. Additional impervious cover shall include, but not be limited to, any roof, parking or driveway areas, and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any areas which may be designed to initially be semipervious (e.g., gravel, crushed stone, porous pavement, etc.) shall be considered impervious areas for the purpose of waiver evaluation. No waiver shall be provided for regulated activities as defined in § 377-4D(5) and (6).
Stormwater Management Exemption Criteria1
Total Parcel Size
(acres)
Minimum Setback Distance2
(feet)
Impervious Area Exemption
(square feet)
Less Than
0 to 0.5
10
1,200
Greater than 0.5 to 1
50
2,500
Greater than 1 to 2
100
4,000
Greater than 2 to 5
250
5,000
Greater than 5
500
7,500
NOTES:
1
This exemption is cumulative such that it applies only once to a tract, and if the exemption amount is exceeded, it is not applicable and all previously exempted impervious areas must be managed.
2
The minimum setback distance is measured between the proposed impervious area and/or stormwater control/structure/discharge point to the downslope property boundary. Connections of new or expanded driveways or walkways within the setback distance from a roadway right-of-way are not required to meet the minimum setback distance. In lieu of meeting the minimum distance criteria, the applicant may provide documentation for Borough approval from any professional authorized to perform this work under the Engineer, Land Surveyor, and Geologist Registration Law, May 23, 1945, P.L. 913, No. 367 (63 P.S. § 148 et seq., P.L. 913, as amended) that:
(A)
The increased flows from the site leave in the same manner as the predevelopment condition, and that there will be no adverse effects to the properties along the path of the flow(s); or
(B)
Increased flow(s) will reach a natural watercourse or an existing stormwater management structure before adversely affecting any property along the path of the flow(s).