This chapter shall be known and may be cited as the "Lemoyne Borough Stormwater Management Ordinance."
The Lemoyne Borough Council finds that:
A. 
Inadequate management of runoff of stormwater resulting from development throughout a watershed increases flood 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 non-point source pollution of water resources.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety and welfare and the protection of the people of the Borough 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. 
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: infiltrate and recharge; evapotranspire; and/or 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).
The purpose of this chapter is to promote the public health, safety and welfare by minimizing the damages described in § 460-2 of this chapter by 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 possible.
C. 
Manage stormwater runoff close to the source, reduce runoff volumes, and mimic predevelopment hydrology.
[Amended 8-18-2022 by Ord. No. 772]
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 permanent stormwater management (SWM) best management practices (BMPs) that are implemented within the Borough.
H. 
Provide standards to meet NPDES permit requirements.
I. 
Meet general water quality and soil disturbance goals by implementing measures to:
(1) 
Minimize disturbance to floodplains, wetlands, natural slopes of 15% or greater, and existing native vegetation.
(2) 
Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjacent to impervious areas whenever feasible.
(3) 
Establish and maintain nonerosive flow conditions in natural flow pathways.
(4) 
Minimize soil disturbance and soil compaction. Over disturbed areas, replace topsoil to a minimum depth equal to the original depth or four inches, whichever is greater. Use tracked equipment for grading when feasible.
(5) 
Disconnect impervious surfaces by directing runoff to pervious areas wherever possible.
(6) 
Incorporate the techniques for low-impact development practices described in the most current version of "The Pennsylvania Stormwater Best Management Practices Manual" (SWM Manual).
A. 
Primary authority.
(1) 
The Borough is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the "Storm Water Management Act," 32 P.S. § 680.1 et seq., the Cumberland County Stormwater Management Plan of September 29, 2010, and this municipal code.
(2) 
Hereafter, all earthmoving activities and land development within this Borough including, without limitation, the location, design and construction within the watershed of stormwater management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the commonwealth, shall be in full compliance with the requirements of the Cumberland County Stormwater Management Plan and shall be conducted in a manner consistent therewith. Any violation of the Cumberland County Stormwater Management Plan shall be considered a violation of this chapter.
B. 
Secondary authority. The Borough 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 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. Article VIII, Detection and Elimination of illicit Discharges to the Municipal Separate Storm Sewer System, shall be applicable to all water entering the storm drain system of the Borough generated on any developed and undeveloped lands unless explicitly exempted by the Borough. The following activities are included within the scope of this chapter:
A. 
Land development.
B. 
Subdivision.
C. 
Construction of new or additional impervious or semipervious surfaces (driveways, parking lots, etc.).
D. 
Construction of structures or additions to existing structures, as determined by the Borough.
E. 
Diversion or piping of any natural or man-made stream channel.
F. 
Installation of stormwater systems or appurtenances thereto.
G. 
Any other activities that may affect stormwater runoff or cause accelerated erosion or sedimentation are subject to regulation by this chapter.
[Added 8-18-2022 by Ord. No. 772[1]]
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.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 460-6 through 460-78 as §§ 460-7 through 460-79, respectively.
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.
Permits and 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. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply.
[Amended 8-18-2022 by Ord. No. 772]
The Borough Council may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed. All requests for a modification shall be submitted by the applicant in writing and shall accompany and be a part of the application for stormwater management plan approval.
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 Subsections B and C.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the municipality if literal 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 the 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 the chapter. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the 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 municipality unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.
Unless otherwise expressly stated, the succeeding shall, for the purposes of this chapter, be interpreted in the following manner:
A. 
Words used in the present tense also imply the future tense.
B. 
Words used in the singular imply the plural, and vice versa.
C. 
Words of masculine gender include feminine gender, and vice versa.
D. 
The words and abbreviation "includes," "including," "shall include," "such as," and "e.g." are not limited to the specific example(s) given but are intended to extend the word's or words' meaning(s) to all other instances of like kind and character.
E. 
The words "person," "applicant," or "developer" include, a partnership, corporation, or other legal entity, as well as an individual.
F. 
The words "shall," "required," or "must" are mandatory; the words "may" and "should" are permissive.
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 the Council, agency or employee of the Borough purporting to validate such a violation.