[Ord. No. 1238, 9/7/2022]
This chapter shall be known and may be cited as the "Borough
of Quakertown MS4 Stormwater Management Ordinance."
[Ord. No. 1238, 9/7/2022]
The Borough Council finds that:
1.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
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.
2.
A comprehensive program of stormwater management (SWM), 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.
3.
Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
4.
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: (A) infiltrate and recharge; (B) evapotranspire; and/or (C) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
pre-development hydrology.
5.
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) program.
[Ord. No. 1238, 9/7/2022]
The purpose of this Chapter 21A is to promote health, safety, and welfare within the Borough and its watershed by minimizing the harms and maximizing the benefits described in Section 102 of this Chapter 21A, through provisions designed to:
1.
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.
2.
Preserve natural drainage systems.
3.
Manage stormwater runoff close to the source, reduce runoff volumes,
and mimic predevelopment hydrology.
4.
Provide procedures and performance standards for stormwater planning
and management.
5.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
6.
Prevent scour and erosion of stream banks and streambeds.
7.
Provide proper operation and maintenance of all stormwater best management
practices (BMPs) that are implemented within the Borough.
8.
Provide standards to meet NPDES permit requirements.
[Ord. No. 1238, 9/7/2022]
The Borough is empowered to regulate land use activities that
affect runoff by the authority of the Pennsylvania Municipalities
Planning Code, as amended (the Act of July 31, 1968, P.L. 805, No.
247),[1] and/or the Pennsylvania Stormwater Management Act, as
amended (the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq.).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 1238, 9/7/2022]
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 21A.
[Ord. No. 1238, 9/7/2022]
Any other ordinance provision(s) or regulation of the Borough inconsistent with any of the provisions of this Chapter 21A is hereby repealed to the extent of the inconsistency only.
[Ord. No. 1238, 9/7/2022]
[Ord. No. 1238, 9/7/2022]
Approvals issued and actions taken under this Chapter 21A do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance.
[Ord. No. 1238, 9/7/2022]
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. 1238, 9/7/2022]
2.
Waivers or modifications of the requirements of this Chapter 21A may be approved by the Borough if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the Chapter 21A is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the Chapter 21A. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the Chapter 21A involved, and the proposed modification.
3.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Borough unless that action is approved in advance by the Pennsylvania
Department of Environmental Protection (DEP) or the Bucks County Conservation
District.
