Volume I (Technical Manual) of the Watershed Act 167 Storm Water Management
Plan is hereby a part of this chapter.
Sayre Borough finds that:
A.
Inadequate management of accelerated runoff of stormwater
resulting from development throughout a watershed increases flood flows and
velocities, and lack of proper wetland conservation throughout a watershed
contributes to accelerated 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,
impacts surface and groundwater quality and threatens public health and safety.
B.
A comprehensive program of stormwater management and
wetland conservation, including reasonable regulation of development and activities
causing accelerated erosion and sediment pollution, is fundamental to the
public health, safety and welfare and the protection of the people of the
municipality and all the people of the commonwealth, their resources and environment.
The purpose of this chapter is to promote the public health, safety and welfare by minimizing the damages described in § 140-2A of this chapter by provisions designed to:
A.
Control accelerated runoff, erosion and sediment pollution
problems at their source by regulating activities which cause such problems.
B.
Utilize and preserve the desirable existing natural drainage
systems.
C.
Encourage recharge of groundwaters where appropriate
and prevent the degradation of groundwater quality.
D.
Maintain the existing flows, quality and integrity of
wetlands, streams and watercourses in the municipality and the commonwealth.
E.
Preserve and restore the flood-carrying capacity of streams.
F.
Provide for proper maintenance of the permanent stormwater
management controls and structures which are constructed in the municipality.
G.
Provide performance standards and design criteria for
watershed-wide stormwater management and planning.
The municipality is empowered to regulate these activities through its
Municipal Code by Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended by Act 170 of 1988, as further amended by Act 209 of 1990 and Act
131 of 1992. (53 P.S. § 10101.)
A.
This chapter shall apply to permanent and temporary stormwater
management controls and facilities constructed as part of any of the activities
listed in this section.
B.
The following activities are included within the scope
of this chapter:
(1)
Land development.
(2)
Subdivision.
(4)
Construction of new or additional impervious or semipervious
surfaces (driveways, parking lots, etc.) creating 10,000 square feet or more
of impervious area.
(5)
Construction of new buildings or additions to existing
buildings creating 10,000 square feet or more of impervious area.
(6)
Forest management operations.
(7)
Nursery operations.
(9)
Installation of stormwater controls and facilities or
appurtenances thereto.
(10)
Mining operations.
(11)
Land development involving wetlands.
Any ordinance of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only subject to § 140-7.
Should any section or provision of this chapter be declared invalid
by a court of competent jurisdiction, such decision shall not affect the validity
of any of the remaining provisions of this chapter.
Permits and approvals issued pursuant to this chapter 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.
If more stringent requirements concerning regulation of stormwater or erosion
and sediment pollution control or activities in wetlands are contained in
any other code, rule, act or ordinance, the more stringent regulation shall
apply.
