The Borough Council 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: 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.
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 Borough and its watershed by minimizing the harms
and maximizing the benefits described in § 178-101 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 pre-development hydrology.
D.
Provide procedures and performance standards for stormwater
planning and management.
E.
Maintain groundwater recharge to prevent degradation of surface
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 Borough.
H.
Provide standards to meet NPDES permit requirements.
I.
Prevent scour and erosion of stream
banks and stream beds.
[Added 12-18-2019 by Ord. No. 655-2019]
J.
Protect in-stream channels and geomorphology
conditions of the receiving streams, protect those streams flood-carrying
capacity and aquatic habitats, and protect against aggradation and
degradation to reduce in-stream erosion and sedimentation.
[Added 12-18-2019 by Ord. No. 655-2019]
The Borough 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, 53 P.S. § 10101
et seq., as amended, and/or the Act of October 4, 1978, P.L. 864 (Act
167), The Stormwater Management Act, 32 P.S. § 680.1 et
seq., as amended.
[Amended 12-18-2019 by Ord. No. 655-2019]
The standards contained herein shall
apply to all regulated activities within the Borough. Activities regulated
by this chapter include, but are not limited to, the following:
A.
Land development and redevelopment;
B.
Subdivision;
C.
Construction of new or additional
impervious or semipervious surfaces (roadways, driveways, parking
lots, etc.);
D.
Construction of new building or additions
to existing buildings;
E.
Diversion or piping of any natural
or man-made stream channels;
F.
Installation of BMP stormwater management
facilities or appurtenances thereto;
G.
Any earthwork and soil compaction
or any activities that involve the alteration or development of land
or removal of tree and vegetation in a manner that may affect post
construction stormwater runoff;
H.
Rising groundwaters;
I.
Springs;
J.
Street wash water.
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 Borough purporting to validate such a violation.
A.
If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 178-107B. 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 Borough. 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 Borough, the Borough may grant the waiver or modification.
B.
Waivers or modifications of the requirements of this chapter
may be approved by the Borough 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. Cost or financial burden shall not be considered
a hardship. 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 § 178-107A
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 Borough.
D.
If the proposed disturbance is one
acre or greater, it must be approved by the Pennsylvania Department
of Environmental Protection (as a Chapter 102 exception).
[Added 12-18-2019 by Ord. No. 655-2019]
E.
If
an applicant demonstrates to the satisfaction of the County or its
designee that any mandatory provision of this chapter is unreasonable
or causes unique or undue hardship as it applies to the proposed project,
or that an alternative design may result in a superior result under
this chapter, the County or its designee, upon obtaining the comments
and recommendation of the Borough, the Allegheny County Conservation
District ("Conservation District") and/or PA DEP may grant a waiver
of relief so substantial justice may be done and the public interest
is secured, provided that such a waiver will not have the effect of
nullifying the intent and purpose of this chapter.
[Added 12-18-2019 by Ord. No. 655-2019]
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.
