This chapter shall be known and may be cited as the "Borough
of Adamstown Stormwater Management Ordinance."
The Borough Council of the Borough of Adamstown 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 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 the Borough of Adamstown 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 (MS4) 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.
The purpose of this chapter is to promote health, safety and welfare by minimizing the harms and maximizing the benefits described in § 251-2 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 streambeds.
G.
Provide proper operation and maintenance of all stormwater management
best management practices (SWM BMPs) that are implemented within the
Borough of Adamstown.
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.
A.
Primary authority. The Borough of Adamstown 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 Adamstown also is empowered to regulate land use activities
that affect stormwater impacts by the authority of the Borough Code,
Act of February 1, 1966, P.L. (1965) 1656, No. 581, as amended and
reenacted by the Act of May 17, 2012, P.L. 262, No. 43, and recodified
in 2014, 8 Pa.C.S.A. § 101 et seq.
The provisions, regulations, limitations and restrictions of
this chapter shall apply to regulated activities, as defined in this
chapter.
A.
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 Borough, this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the 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, 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.
B.
Any plan 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.
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.
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.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, the making of any administrative decision by the Borough
or any of its officials or employees shall not constitute a representation,
guarantee or warranty of any kind by the Borough 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 and its officials and employees. The
Borough, by enacting and amending this chapter, does not waive or
limit any immunity granted to the Borough 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.
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.
