This chapter shall be known and may be cited as the "Borough of Bellevue Stormwater Management Ordinance."
The Town Council of the Borough finds that:
A. 
Stormwater runoff from lands modified by human activities threatens public health and safety by causing increased runoff flows and velocities, which overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater.
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. Groundwater resources are also impacted through loss of recharge.
C. 
These impacts happen mainly through a decrease in natural infiltration of stormwater.
D. 
A comprehensive program of stormwater management, including reasonable regulation of development and other activities causing loss of natural infiltration, is fundamental to the public health, safety, welfare and the protection of the people of the Borough and all the people of the commonwealth, their resources, and the environment.
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 federal permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
G. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Borough.
The purpose of this chapter is to promote health, safety and welfare within the Borough and its watershed by minimizing the damages described in § 230-1 of this chapter through provisions designed to:
A. 
Manage stormwater runoff impacts at their source by regulating activities that cause these problems.
B. 
Provide review procedures, performance standards and design criteria for stormwater planning and management.
C. 
Utilize and preserve the existing natural drainage systems as much as possible.
D. 
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
E. 
Focus on infiltration of stormwater to prevent degradation of surface water and groundwater quality and to otherwise protect water resources.
F. 
Maintain existing flows and quality of streams and watercourses.
G. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain existing uses and maintain the level of water quality to support those uses in all streams and to protect and maintain water quality in special protection streams.
H. 
Prevent stream bank and streambed scour and erosion.
I. 
Provide for proper operations and maintenance of all permanent stormwater management facilities that are constructed in the Borough.
J. 
Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.
K. 
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into the Borough's separate storm sewer system.
The Borough is empowered to regulate land use activities that affect stormwater runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Municipalities Planning Code, as amended,[2] and the Home Rule Charter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This chapter applies to any land development activities within the Borough, all stormwater runoff entering into the Borough's separate storm sewer system from lands within the boundaries of the Borough and existing stormwater BMPs.
B. 
Stormwater management activities are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.
A. 
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. To the extent that this chapter imposes more rigorous requirements for stormwater management, the specific requirements contained in this chapter shall be followed.
B. 
Nothing in this chapter shall be construed to affect any of the Borough's requirements regarding stormwater matters which do not interfere with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.).