This Part 2 shall be known and cited as the "Tookany/Tacony-Frankford
Watershed Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 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.
B. 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.
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 separate storm
sewer systems under the NPDES.
The purpose of this Part
2 is to promote the public health, safety and welfare within the Tookany/Tacony-Frankford Watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
154-34 of this Part
2, 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 its source.
D. Provide procedures and performance standards for watershed-wide stormwater
planning and management.
E. Maintain groundwater recharge to prevent degradation of surface water
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 permanent stormwater
management (SWM) best management practices (BMPs) that are implemented
within the municipality.
H. Provide standards to meet NPDES permit requirements.
The municipality is empowered to regulate land use activities
that affect runoff and surface water and groundwater quality and quantity
by the authority of:
A. Primary authority. The municipality is empowered to regulate land
use activities that affect runoff and surface water and groundwater
quality and quantity 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 the Borough Code.
B. Secondary authority. The municipality 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, 53 P.S. § 10101 et seq.
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.
Approvals issued pursuant to this Part
2 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, including Title 25 Pa. Code Chapter
92, Sections 102 and 105.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this Part 2 is hereby repealed
to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this Part
2 invalid, such decision shall not affect the validity of any of the remaining provisions of this Part
2.
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.