This chapter shall be known and may be cited as the "Borough
of Edgeworth Stormwater Management Ordinance."
The governing body of the municipality finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of streams and storm sewers, greatly increases
the cost of public facilities to carry and control 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 (SWM), including
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of people of the commonwealth, their resources, and the environment.
C.
Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
D.
The use of green infrastructure (GI) 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.
E.
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) program.
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 107-2 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 natural drainage systems.
C.
Manage stormwater runoff close to the source, reduce runoff volumes
and mimic predevelopment hydrology.
D.
Provide procedures and performance standards for stormwater planning
and management.
E.
Maintain groundwater recharge to prevent degradation of surface 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 best management
practices (BMPs) that are implemented within the municipality.
H.
Provide standards to meet NPDES permit requirements.
The municipality 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,[1] and/or the Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.1 et seq., as amended, The Stormwater Management
Act.
[1]
Editor's Note: See 53 P.S. § 10101.1 et seq.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this chapter.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
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.
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 municipality purporting to validate such a violation.
A.
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 107-10B. The proposed area of disturbance shall be less than one acre. The request for a modification or waiver shall originate with the landowner, shall be in writing, and shall accompany the stormwater management site plan submitted to the municipality. The request shall provide the facts on which the request is based, the provisions of the ordinance involved, and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of this chapter, including Subsection B below. If acceptable to the municipality, the municipality may grant the waiver or modification.
B.
Waivers or modifications of the requirements of this chapter may be approved by the municipality if enforcement will exact undue hardship because of unique physical circumstances or conditions peculiar to the land in question, provided that the modifications will not be contrary or detrimental to the public interest and will achieve the intended outcome, and that the purpose of this chapter is preserved. Hardship must be due to such unique physical circumstances or conditions and not to circumstances or conditions generally created by the provisions of the stormwater management ordinance. Cost or financial burden shall not be considered a hardship. Modifications shall not substantially or permanently impair the appropriate use or development of adjacent property. A request for modifications shall be in writing and accompany the stormwater management site plan submission, as directed in § 107-10A above.
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 municipality.
Any reference to a statute, regulation or standard shall be
interpreted to refer to the latest or most current version of that
document.
A.
For regulatory purposes, the degree of stormwater management sought
by the provisions of this chapter is considered reasonable. This chapter
shall not impose upon the municipality any legal duty in addition
to those duties otherwise imposed under the Stormwater Management
Act[1] upon the municipality, any appointed or elected official,
employee or representative of the municipality. It is not the intention
of the municipality to guarantee the elimination of harm resulting
from stream flow, floods, rain, snow, or stormwater runoff; or erosion
resulting therefrom. It is the intention of the municipality to create
reasonable stormwater management regulations which balance several
competing interests in an appropriate fashion with the emphasis on
public safety.
[1]
Editor’s Note: See 32 P.S. § 680.1 et seq.
B.
This chapter does not imply that areas within or outside any identified
flood-prone area will be free from flooding or flood damages.
C.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by the municipality or a municipality official hereunder,
shall relieve any person from any responsibility for damage to persons
or property resulting therefrom, or as otherwise imposed by law, nor
impose any liability upon the municipality for damages to person or
property.
D.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee, or warranty
of any kind by the municipality, or by an official, employee, or consultant
thereof, of the practicability or safety of any structure, use, or
other plan proposed, and shall create no liability upon or cause of
action against the municipality, or an official, employee, or consultant
thereof, for any damage that may result pursuant thereto.
