This chapter shall be known and may be cited as the "New Salem Borough Stormwater Management Ordinance."
The governing body of New Salem Borough 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 National Pollutant Discharge Elimination System (NPDES).
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed(s) by minimizing the harm and maximizing the benefits described in § 195-2 of this chapter, 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 the source.
D. 
Provide procedures and performance standards for 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 SWM 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 stormwater impacts by the authority of the Borough Code[1] and the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm Water Management Act.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 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 chapter.
Any other chapter provision or regulation of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to give this chapter full force and effect to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section, clause or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining sections, subsections, clauses or provisions of this chapter.
Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or chapter.
Unless otherwise expressly stated, the succeeding shall, for the purposes of this chapter, be interpreted in the following manner, unless the context clearly requires literal usage:
A. 
Words used in the present tense also include the future tense.
B. 
Words used in the singular include the plural, and vice versa.
C. 
Words of masculine gender include feminine gender, and vice versa.
D. 
The words and abbreviation "includes," "including," "shall include," "such as," and "e.g." are not limited to the specific example(s) given but are intended to extend the words or words' meaning(s) to all other instances of like kind and character.
E. 
The words "person," "applicant," or "developer" include a partnership, corporation, or other legal entity, as well as an individual.
F. 
The words "shall," "required," or "must" are mandatory; the words "may" and "should" are permissive.
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.