This chapter shall be known and may be cited as the "Borough
of Palmyra Stormwater Management Ordinance."
The Borough Council of the Borough of Palmyra 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 reduction efforts in upstream and
downstream communities, reduces groundwater recharge, threatens public
health and safety, and increases nonpoint 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, welfare, and the protection
of the people of Palmyra Borough and all the people of the commonwealth,
their resources, and the environment.
C.
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.
D.
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.
E.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F.
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).
G.
Nonstormwater discharges to municipal separate storm sewer systems
(MS4) can contribute to pollution of waters of the commonwealth.
H.
Inadequate maintenance of stormwater best management practices (BMPs)
causes loss of water quality, flooding, and other problems.
I.
A program of reasonable regulation of connections and discharges
to municipal stormwater management facilities will be beneficial.
J.
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
predevelopment hydrology.
[Added 9-13-2022 by Ord.
No. 819]
The purpose of this chapter is to promote health, safety, and welfare within Palmyra Borough, Lebanon County, PA, by minimizing the harms and maximizing the benefits described in § 310-2 of this chapter through provisions intended 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 the
commonwealth.
B.
Manage accelerated runoff and erosion and sedimentation problems
close to their source, by regulating activities that cause these problems.
C.
Preserve the natural drainage systems to the maximum extent practicable.
D.
Maintain groundwater recharge, to prevent degradation of surface
and groundwater quality, and to otherwise protect water resources.
E.
Maintain existing flows and quality of streams and watercourses.
F.
Preserve and restore the flood-carrying capacity of streams and prevent
scour, aggradation, degradation, and erosion of stream banks and streambeds.
G.
Manage stormwater impacts close to the runoff source with a minimum
of structures and a maximum use of natural processes.
[Amended 9-13-2022 by Ord. No. 819]
H.
Provide procedures, performance standards, and design criteria for
stormwater planning and management.
I.
Provide proper operations and maintenance of all temporary and permanent
stormwater management facilities and best management practices (BMPs)
that are constructed and implemented.
J.
Provide standards to meet the NPDES permit requirements.
K.
Implement an "illegal discharge detection and elimination program"
within MS4 permitted urbanized areas to address nonstormwater discharges
into Palmyra Borough's separate storm sewer system.
L.
Prevent scour and erosion of stream banks and streambeds.
[Added 9-13-2022 by Ord.
No. 819]
A.
Primary authority. The Borough of Palmyra is empowered to regulate
these activities by the authority of the Act of October 4, 1978, 32
P.S., P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended,
the "Stormwater Management Act." and the Pennsylvania Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
A.
This chapter shall apply to all areas of Palmyra Borough, any regulated
activity within Palmyra Borough, and all stormwater runoff entering
into Palmyra Borough's separate storm sewer system from lands within
the boundaries of Palmyra Borough.
B.
Earth disturbance activities and associated stormwater management
controls 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.
C.
"Regulated activities" are any earth disturbance activities or any
activities that involve the alteration or development of land in a
manner that may affect stormwater runoff. "Regulated activities" include,
but are not limited to, the following listed items:
(1)
Earth disturbance activities.
(2)
Land development.
(3)
Subdivision.
(4)
Construction of new or additional impervious or semi-pervious surfaces.
(5)
Construction of new buildings or additions to existing buildings.
(6)
Diversion or piping of any natural or man-made stream channel.
(7)
Installation of stormwater management facilities or appurtenances
thereto.
(8)
Installation of stormwater BMPs.
(9)
Activities related to proper operation and maintenance of approved
stormwater management BMPs.
(10)
All activities that may contribute nonstormwater discharges
to a regulated small MS4.
Approvals issued and actions taken pursuant to this chapter
do not relieve the applicant of the responsibility to comply with
or to secure required permits or approvals for activities regulated
by any other applicable codes, laws, rules, statutes, or ordinances.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
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.
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 purporting to validate such a violation.
[Added 9-13-2022 by Ord.
No. 819]
B.
Waivers or modifications of the requirements of this chapter may
be approved by the Borough 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 this chapter 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 this chapter. A request
for modifications shall be in writing and accompany the SWM site plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of this chapter involved, and the proposed
modification.
C.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Borough unless that action is approved in advance by the DEP
or the delegated County Conservation District.
