This chapter shall be known and may be cited as the "Neshaminy Creek Watershed Stormwater Management Ordinance" (aka New Britain Borough Stormwater Management Ordinance).
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development and redevelopment 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 convey and manage stormwater, undermines floodplain management and flood-reduction efforts in upstream and downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and stream banks, thereby elevating sedimentation), destroying aquatic habitat, and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals, and pathogens.
C. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and all the people of the commonwealth their resources, and the environment.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams, which also protects and maintains surface water quality.
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F. 
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.
G. 
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: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) 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.
The purpose of this chapter is to promote the public health, safety, and welfare within the Municipality and the Neshaminy Creek watershed by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in § 375-102 of this chapter, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Minimize increases in stormwater volume and control peak flows.
C. 
Minimize impervious surfaces.
D. 
Provide review procedures and performance standards for stormwater planning and management.
E. 
Preserve the natural drainage systems as much as possible.
F. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
G. 
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
H. 
Preserve and restore the flood-carrying capacity of streams.
I. 
Prevent scour and erosion of streambanks and stream beds.
J. 
Provide standards to meet National Pollution Discharge Elimination System (NPDES) permit requirements.
K. 
Address certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. 
Address the requirements of the Neshaminy Creek Watershed Act 167 Stormwater Management Plan.
M. 
Provide for proper operation and maintenance of all stormwater management facilities and best management practices (BMPs) that are implemented in the municipality.
The municipality is empowered to regulate land use activities that affect runoff, surface, and groundwater quality and quantity by the authority of:
A. 
Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. 
Cite applicable municipal code [e.g., Borough Code (Act 581 of 1965, P.L. 1656; 8 Pa.C.S.A. § 101 et seq., as amended)].
C. 
The Stormwater Management Act 167, as amended.
A. 
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.
B. 
Regulated activities include, but are not limited to:
(1) 
Land development;
(2) 
Subdivisions;
(3) 
Prohibited or polluted discharges;
(4) 
Alteration of the natural hydrologic regime;
(5) 
Construction or reconstruction of, or addition of new impervious or semi-pervious surfaces (i.e., driveways, parking lots, roads, etc.), except for reconstruction of roads where there is no increase in impervious surface;
(6) 
Construction of new buildings or additions to existing buildings;
(7) 
Redevelopment;
(8) 
Diversion piping or encroachments in any natural or man-made channel; and
(9) 
Nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto.
Any other ordinance provision(s) or regulation of the Municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining portions of this chapter.
Approvals issued and actions taken 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.
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.