The purpose of this Part 3 is to promote health, safety, and welfare within the City of Scranton and its watershed by minimizing the harms and maximizing the benefits described in § 405-14 of this Part 3, through provisions designed to:
A. 
Accommodate site development and redevelopment in a manner that protects public safety and that is consistent with (or re-establishes) the natural hydrologic characteristics of the Lackawanna River Watershed and sustains groundwater recharge, stream baseflows, stable stream channel (geomorphology) conditions, the carrying capacity of streams and their floodplains, groundwater and surface water quality, and aquatic living resources and their habitats.
B. 
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.
C. 
Authorize a comprehensive program of stormwater management designated to preserve and restore the flood carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross-section of waters of the commonwealth; and to protect and conserve groundwaters and ground-water recharge areas.
D. 
Reduce flooding impacts and prevent a significant increase in surface runoff rates and volumes, predevelopment to post-development, which could worsen flooding downstream in the watershed, enlarge floodplains, erode stream banks and create other flood-related health-welfare-property losses; in general, to preserve and restore the natural flood-carrying capacity of streams and their floodplains.
E. 
Protect adjacent lands from adverse impacts of direct stormwater discharges.
F. 
Manage stormwater runoff close to the source.
G. 
Provide procedures and performance standards for stormwater planning and management.
H. 
Maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
I. 
Prevent scour and erosion of stream banks and streambeds.
J. 
Provide proper operations and maintenance of all permanent stormwater management (SWM) best management practices (BMPs) that are implemented within the City of Scranton.
K. 
Address certain requirements of the Municipal Separate Storm Sewer System (MS4) National Pollution Discharge Elimination System (NPDES) Phase II Stormwater Regulations.
L. 
Encourage the provision or upgrade of stormwater BMPs for existing development.
M. 
Reduce the impacts of runoff and stormwater infiltration on the Scranton Sewer Authority system.
A. 
Primary authority: The City of Scranton 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 the Act of Legislature, April 13, 1972, Act No. 62, known as the "Home Rule Charter and Option Plans Law"[1] and any other applicable law arising under the laws of the State of Pennsylvania.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2901 et seq.
B. 
Secondary authority. The City of Scranton 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.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance, are subject to regulation by this Part 3.
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 City of Scranton purporting to validate such a violation.
A. 
If the City of Scranton determines that any requirement under this Part 3 cannot be achieved for a particular regulated activity, the City of Scranton may, after an evaluation of alternatives, approve measures other than those in this Part 3, subject to § 405-22B and C.
B. 
Waivers or modifications of the requirements of this Part 3 may be approved by the City of Scranton 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 part 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 part. 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 part involved and the proposed modification.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the City of Scranton unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.