[Ord. 2125, 7/14/2014]
This Part 2 shall be known and may be cited as the "Borough
of Pottstown MS4 Stormwater Management Ordinance."
[Ord. 2125, 7/14/2014; as amended by Ord. No. 2217, 9/12/2022]
The governing body of the Borough of Pottstown 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 non-point-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).
E.
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.
[Ord. 2125, 7/14/2014; as amended by Ord. No. 2217, 9/12/2022]
The purpose of this Part 2 is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 202 of this Part 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, 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 water
and groundwater quality and to otherwise protect water resources.
F.
Prevent scour and erosion of stream banks and stream beds.
G.
Provide proper operation and maintenance of all SWM BMPs that are
implemented within the municipality.
H.
Provide standards to meet NPDES permit requirements.
[Ord. 2125, 7/14/2014; as amended by Ord. No. 2217, 9/12/2022]
The municipality also 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, as amended,[1] the Borough Code, 8 Pa.C.S, § 101 et seq., 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.
[Ord. 2125, 7/14/2014]
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this Part 2.
[Ord. 2125, 7/14/2014]
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this Part 2 is hereby repealed to the extent of the inconsistency only. It is specifically intended that this Part shall repeal, in its entirety, Ordinance No. 1977, adopted March 8, 2004, and [previously] codified in Pottstown Borough Code of Ordinances, Chapter 26, Part 2.
[Ord. 2125, 7/14/2014]
In the event that a court of competent jurisdiction declares any section or provision of this Part 2 invalid, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. 2125, 7/14/2014]
Approvals issued and actions taken under this Part 2 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.
[Ord. 2125, 7/14/2014]
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.
[Added by Ord. No. 2217, 9/12/2022]
2.
Waivers or modifications of the requirements of this Part may be
approved by the municipality if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the Part is preserved. Cost or financial
burden shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of the Part. A request for modifications
shall be in writing and accompany the Stormwater Management Site Plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of the Part involved and the proposed modification.
3.
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 unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated county
conservation district.
