[Ord. 2013-499, 7/10/2013]
The Borough Council of Red Hill Borough finds that:
A.
Stormwater runoff from lands modified by human activities threatens
public health and safety by causing decreased infiltration of rainwater
and increased runoff flows and velocities, which overtax the carrying
capacity of existing streams and storm sewers and greatly increase
the cost to the public to manage stormwater.
B.
Inadequate management of stormwater runoff resulting from land development
and redevelopment throughout a watershed can 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.
A comprehensive program of stormwater management, including reasonable
regulation of land development and redevelopment causing loss of natural
infiltration, is fundamental to the public health, safety, welfare,
and the protection of the people of Red Hill Borough and all the people
of the Commonwealth, their resources, and the environment.
D.
Stormwater is an important water resource by providing groundwater
recharge for water supplies and 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 Red Hill Borough to implement
a program of stormwater controls. Red Hill Borough is required to
obtain a permit for stormwater discharges from its municipal separate
storm sewer systems (MS4) under the National Pollutant Discharge Elimination
System (NPDES).
G.
Nonstormwater discharges to the Borough's municipal separate storm
sewer system (MS4) can contribute to pollution of waters of the Commonwealth.
[Ord. 2013-499, 7/10/2013]
The purpose of this Chapter is to promote health, safety, and
welfare within the Borough and its watersheds by minimizing the harms
and maximizing the benefits through provisions designed to:
A.
Manage stormwater runoff close to the source by regulating activities
and by minimizing the installation of structures.
B.
Provide review procedures and performance standards for stormwater
planning and management.
C.
Utilize and preserve the existing natural drainage systems as much
as possible.
D.
Manage stormwater impacts that encourage natural processes.
E.
Focus on infiltration of stormwater to maintain groundwater recharge
from predevelopment to post-development conditions, 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 § 93.4(a) 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 scour, accelerated erosion, aggradation and degradation of
stream banks and streambeds.
I.
Provide for proper operations and maintenance of all permanent stormwater
management facilities and BMPs that are located within the Borough.
J.
Provide standards to meet NPDES MS4 permit requirements.
K.
Establish and implement an illegal discharge detection and elimination
program to address nonstormwater discharges into the Borough's municipal
separate storm sewer system (MS4) and stream tributaries.
L.
Prevent significant increase in surface runoff volumes, predevelopment
to postdevelopment, thereby mitigating flooding downstream in the
watershed, enlarging floodplains, and creating other flood-related
health, welfare, and property losses, and to work to reduce runoff
volumes to natural levels.
M.
Maintain predevelopment peak rates of discharge, site-by-site, so
as not to worsen flooding adjacent to downstream sites, and to work
to restore peak runoff rates to natural levels.
N.
Minimize nonpoint source pollutant loading to ground and surface
waters generally throughout the Borough.
O.
Minimize impacts on stream temperatures.
P.
Minimize aesthetic impacts.
[Ord. 2013-499, 7/10/2013]
The Borough is empowered to regulate land use activities that
affect stormwater and water quality impacts by the authority of the
Borough Code, 53 P.S. § 47201, and the Municipalities Planning
Code, 53 P.S. § 10503.
[Ord. 2013-499, 7/10/2013]
1.
This Chapter applies to all activities occurring within Red Hill
Borough that may affect stormwater runoff, including land development
and earth disturbance activity, proper maintenance of approved stormwater
BMPs and all discharges and all stormwater runoff entering into the
Borough's municipal separate storm sewer system (MS4).
2.
Regulated activities include, but are not limited to, the following:
A.
Land development or redevelopment.
B.
Land subdivision.
C.
Construction or expansion of impervious surfaces (driveways, parking
lots, building pads, etc.).
D.
Construction of new buildings.
E.
Additions to existing buildings.
F.
Stormwater discharges to the Borough's separate stormwater sewers
(MS4) or watercourses.
G.
Installation or construction of new stormwater management structures,
facilities and appurtenances.
H.
Regrading or modification of existing stormwater management structures,
facilities and appurtenances, including best management practices
(BMPs).
I.
Alteration of lot topography through grading activities of 10,000
square feet or more.
3.
Earth disturbance activities and associated stormwater management
controls are also regulated under existing federal and 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 federal or state law.
[Ord. 2013-499, 7/10/2013]
1.
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
or stringent requirements for stormwater management, the specific
requirements contained in this Chapter shall be controlling.
2.
Nothing in this Chapter shall be construed to affect any of the Borough's
requirements regarding stormwater matters which do not conflict 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.). Conflicting provisions
in other municipal ordinances or regulations shall be construed to
retain the requirements of this Chapter addressing state water quality
requirements.
3.
Drainage facilities that are located on a state highway right-of-way
shall be approved by the Pennsylvania Department of Transportation
(PennDOT), and a letter indicating such approval shall be directed
to Red Hill Borough officials.
[Ord. 2013-499, 7/10/2013]
The provisions of this Chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this Chapter.
[Ord. 2013-499, 7/10/2013]
All other ordinances and resolutions or parts thereof insofar
as they are inconsistent with this Chapter are hereby repealed.
