This chapter shall be known as the "Folcroft Borough Stormwater
Management Ordinance."
The Borough Council of Folcroft Borough 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 infiltration, and threatens public
health and safety.
B. Inadequate planning and management of stormwater runoff resulting
from land development throughout a watershed can also harm surface
water resources by changing the natural hydrologic patterns, accelerating
stream flows (which increase scour and erosion of stream beds 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, including minimization
of impacts of development, redevelopment, and activities causing accelerated
erosion and loss of natural infiltration, is fundamental to the public
health, safety, welfare, and the protection of the people of the Borough
and all of the people of the commonwealth, their resources, and the
environment.
D. Stormwater can be an important water resource by providing infiltration
for water supplies and baseflow of streams, which also protects and
maintains surface water quality.
E. Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, infiltration, stream baseflow, and aquatic ecosystems.
The most cost-effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design that minimizes
impervious surfaces and sprawl, avoids sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and considers topography and
soils to maintain the natural hydrologic regime.
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G. Federal and state regulations require the Borough to implement a
program of stormwater controls. The Borough is required to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES).
H. Nonstormwater discharges to Borough separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the Borough.
I. 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) infiltration and recharge, 2) evapotranspire, and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices, LID, and CD contribute to the restoration or maintenance
of predevelopment hydrology.
The purpose of this chapter is to promote the public health,
safety, and general welfare, property, and water quality by implementing
drainage and stormwater management practices, criteria, and provisions
included herein for land development, construction, and earth-disturbance
activities, to achieve the following throughout the Borough:
A. Promote alternative project designs and layouts that minimize the
impacts on surface and groundwater.
B. Promote nonstructural best management practices (BMPs).
C. Minimize increases in runoff stormwater volume.
D. Minimize impervious surfaces.
E. Manage accelerated stormwater runoff and erosion and sedimentation
problems and stormwater runoff impacts at their source by regulating
activities that cause these problems.
F. Provide review procedures and performance standards for stormwater
planning and management.
G. Utilize and preserve existing natural drainage systems as much as
possible.
H. Manage stormwater impacts close to the runoff source, requiring a
minimum of structures and relying on natural processes.
I. Focus on infiltration of stormwater to maintain baseflow, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
J. Protect baseflows and quality of streams and watercourses, where
possible.
K. 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.
L. Address the quality and quantity of stormwater discharges from the
development site.
M. Provide standards to meet certain NPDES MS4 permit requirements.
N. Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges into the Borough's separate
storm sewer system (MS4).
O. Preserve the flood-carrying capacity of streams.
P. Prevent accelerated scour, erosion and sedimentation of stream channels.
Q. Provide performance standards and design criteria based on watershed-wide
stormwater management planning.
R. Provide proper operation and maintenance of all permanent stormwater
management facilities and BMPs that are implemented within the Borough.
S. Implement the requirements of total maximum daily loads (TMDLs) where
applicable to waters within or impacted by the Borough.
The Borough is empowered or required to regulate land use activities
that affect runoff and surface and groundwater quality and quantity
by the authority of:
A. Act of October 4, 1978, P.L. 864 (Act 167) 32 P.S. § 680.1
et seq., as amended, the "Storm Water Management Act" (hereinafter
referred to as "the Act");
B. Borough Code, 8 Pa.C.S.A. § 101 et seq.;
C. Act of July 31, 1968, P.L. 805, No. 247, Pennsylvania Municipalities
Planning Code, Act 247, as amended.
Any ordinance or ordinance provision of the Borough inconsistent
with any of the provisions of this chapter and other federal and state
regulations are hereby repealed to the extent of the inconsistency
only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
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, or employee of the
Borough purporting to validate such a violation.