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Borough of Elizabethtown, PA
Lancaster County
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Table of Contents
Table of Contents
[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.
2. 
Secondary Authority. The Borough of Elizabethtown 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.[2]
[2]
Editor's Note: See 53 P.S. § 10101 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]
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.