This chapter shall be known and may be cited as the "Borough of Wilkinsburg 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 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.
B. 
A comprehensive program of stormwater management (SWM), including 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 that provides groundwater recharge for water supplies and supports the base flow of streams.
D. 
The use of green infrastructure (GI) 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 infiltrate and recharge; evapotranspire; and/or harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology.
E. 
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.
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 224-2 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 natural drainage systems.
C. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
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 stormwater 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 by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code,[1] as amended, and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Stormwater Management Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All regulated activities within the Borough, and all stormwater runoff entering the Borough's separate storm sewer system from lands within and tributary to the municipal boundary, including the sources of such runoff, and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter. Activities regulated by this chapter include, but are not limited to, the following:
A. 
Land development.
B. 
Subdivision.
C. 
Construction of new or additional impervious or semipervious surfaces, to include driveways and parking lots, for example.
D. 
Construction of new buildings or additions to existing buildings.
E. 
Installation, maintenance, and alterations to stormwater management facilities or appurtenances thereto.
F. 
Any earth disturbances or other activities that involve the alteration or development of land, or removal of trees and vegetation in a manner that may affect postconstruction stormwater runoff.
G. 
New earth disturbance activities on previously developed properties, which includes properties that have been graded, altered, and/or compacted, whether or not any structures have been built.
H. 
The demolition or partial demolition of an existing facility; however, such work required for building or site maintenance, parking lot resurfacing, roof replacement, building exterior repairs, etc., shall not constitute regulated activities unless deemed so by the Borough.
I. 
Construction of new buildings or facilities in existing impervious or semipervious areas, including the full or partial redevelopment of existing properties.
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 ordinance.
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.
A. 
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to Subsection B. The proposed area of disturbance shall be less than one acre. The request for a modification or waiver shall originate with the landowner, shall be in writing, and shall accompany the stormwater management site plan submitted to the municipality. The request shall provide the facts on which the request is based, the provisions of the chapter involved, and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of the chapter, including Subsection B below. If acceptable to the municipality, the municipality may grant the waiver or modification by resolution.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the municipality if enforcement will exact undue hardship because of unique physical circumstances or conditions peculiar to the land in question, provided that the modifications will not be contrary or detrimental to the public interest and will achieve the intended outcome, and that the purpose of the chapter is preserved. Hardship must be due to such unique physical circumstances or conditions and not to circumstances or conditions generally created by the provisions of this chapter. If a hardship exists primarily due to cost or financial burden, the landowner must submit a financial schedule of costs associated with the stormwater upgrades. A construction timeline of compliance of all stormwater requirements must be submitted by the landowner outlying construction in milestones of completion in increments of 25%, 50% and 75% completion. Modifications shall not substantially or permanently impair the appropriate use or development of adjacent property. A request for modifications shall be in writing and accompany the stormwater management site plan submission, as directed in Subsection A above.
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 municipality.
D. 
Waivers or modifications may be granted for alternative materials, practices, installation and design that have not yet been identified as a general construction practice. Furthermore, it is accepted and regulated that alternative materials that have not yet been approved and/or invented may be incorporated into a stormwater management site plan as approved by the Borough.
Any reference to a statute, regulation or standard shall be interpreted to refer to the latest or most current version of that document.