[Ord. 954, 12/19/2013]
This chapter shall be known and may be cited as the "Borough
of Elizabethtown Stormwater Management Ordinance."
[Ord. 954, 12/19/2013]
Elizabethtown Borough Council finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage 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 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 Borough of Elizabethtown and all the 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 municipal
separate storm sewer systems (MS4s) under the National Pollutant Discharge
Elimination System (NPDES).
E.
Riparian forest buffers enhance water quality by filtering pollutants
in runoff, providing light control and temperature moderation, processing
pollutants, increasing infiltration and providing channel and shoreline
stability, thus decreasing erosion.
[Ord. 954, 12/19/2013]
The purpose of this chapter is to promote health, safety and
welfare by minimizing the harms and maximizing the benefits described
in § 102 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 the natural drainage systems as much as practicable.
C.
Manage stormwater runoff close to the source.
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 stormwater management
best management practices (SWM BMPs) that are implemented within the
Borough of Elizabethtown.
H.
Provide standards to meet NPDES permit requirements.
I.
Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
J.
Provide a regulatory environment that supports the proportion, density
and intensity of development called for in the Comprehensive Plan;
allow for creative methods of improving water quality and managing
stormwater runoff; and promote a regional approach to water resource
management.
K.
Help preserve and protect exceptional natural resources and conserve
and restore natural resource systems.
L.
Promote stormwater management practices that emphasize infiltration,
evaporation and transpiration.
[Ord. 954, 12/19/2013]
1.
Primary Authority. The Borough of Elizabethtown is empowered to regulate
these activities by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
"Storm Water Management Act," and Act 394 of 1937, as amended, 35
P.S. § 691.1 et seq., the Pennsylvania Clean Streams Law.
The Borough of Elizabethtown also is empowered to regulate land use
activities that affect stormwater impacts by the authority of the
Act of February 1, 1966, P.L. (1965) 1656, No. 581, as reenacted and
amended by the Act of May 17, 2012, P.L. 262, No. 43, as amended,
the Borough Code.[1]
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
[Ord. 954, 12/19/2013]
The provisions, regulations, limitations and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
[Ord. 954, 12/19/2013]
1.
Except as otherwise required by law, this chapter is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Elizabethtown Borough
Council, this chapter shall be considered a restatement and not a
repeal of such regulations. It is the specific intent of the Elizabethtown
Borough Council that all provisions of this chapter shall be considered
in full force and effect as of the date such regulations were initially
enacted. All ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed. It is expressly provided
that the provisions of this chapter shall not affect any act done,
contract executed or liability incurred prior to its effective date,
or affect any suit or prosecution pending or to be instituted to enforce
any rights, rule, regulation or ordinance, or part thereof, or to
punish any violation which occurred under any prior stormwater regulation
or ordinance. In the event any violation has occurred under any prior
stormwater regulation or ordinance of the Borough of Elizabethtown,
prosecution may be initiated against the alleged offender pursuant
to the provisions of said prior stormwater regulation or ordinance,
and the provisions and penalties provided in said prior stormwater
regulation or ordinance shall remain effective as to said violation.
2.
Any plan (hereinafter defined) pending at the time of the effective
date of this chapter shall be allowed to proceed with revisions, finalization
and implementation in accordance with any ordinance in effect prior
hereto.
[Ord. 954, 12/19/2013]
Should any section, provision or part thereof 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.
[Ord. 954, 12/19/2013]
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.
[Ord. 954, 12/19/2013]
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 of Elizabethtown purporting to validate such a violation.
[Ord. 954, 12/19/2013]
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the Borough of Elizabethtown or any of its officials or
employees shall not constitute a representation, guaranty or warranty
of any kind by the Borough of Elizabethtown of the practicability
or safety of any proposed structure or use with respect to damage
from erosion, sedimentation, stormwater runoff, flood, or any other
matter and shall create no liability upon or give rise to any cause
of action against the Borough of Elizabethtown and its officials and
employees. The Borough of Elizabethtown, by enacting and amending
this chapter, does not waive or limit any immunity granted to the
Borough of Elizabethtown and its officials and employees by the Governmental
Immunity Act, 42 Pa. C.S.A. § 8541 et seq., and does not
assume any liabilities or obligations.
[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
1.
Notwithstanding any provision(s) of this chapter, including exemptions,
any landowner or any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall implement
such measures as are reasonably necessary to prevent injury to health,
safety, or other property. Such measures also shall include actions
as are required to manage the rate, volume, direction, and quality
of resulting stormwater runoff in a manner which otherwise adequately
protects health, property, and water quality.
A.
Each structural BMP installed pursuant to this chapter shall be maintained
and operated by persons engaged in the development or redevelopment
of land so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function
for which the structural BMP was designed until transfer of ownership
and responsibilities has been successfully completed.
[Added by Ord. No. 1004, 8/18/2022]
1.
Any person or entity owning or occupying a premises through which
the MS4 passes, or conducts activities subject to this chapter in
which the MS4 passes or receives drainage from the site in which the
activities are subject to this chapter, shall:
A.
Keep and maintain that part of the premises reasonably free of trash,
debris, sediment, and other obstacles which may pollute, contaminate,
or retard the flow of water to or through the MS4.
B.
Maintain existing structures within or adjacent to the MS4 so that
those structures will not become a hazard to the use, function, or
physical integrity of the MS4.
C.
Protect inlets or other entry points to the MS4, including inlets
off site or downstream, to the maximum extent practicable in which
activities, equipment, or materials could result in the discharge
of a pollutant or a nonstormwater discharge.
D.
Protect receiving waters, and reduce/prevent discharge of pollutants
from the MS4 to receiving waterways in accordance with the requirements
of the Borough's MS4 permit.
[Added by Ord. No. 1004, 8/18/2022]
1.
Any person or entity engaged in activities which may result in discharges
to the MS4 shall, to the maximum extent practicable, undertake all
measures to reduce the risk of nonstormwater discharges and polluted
discharges. The following requirements shall apply:
A.
Every person or entity undertaking an activity or use of a premises
that may cause/contribute to stormwater pollution or contamination,
illicit discharges, or nonstormwater discharges to the MS4 shall implement
structural and/or nonstructural BMPs to reduce or prevent a polluted
discharge. BMPs shall be maintained routinely throughout the life
of the activity.
