This chapter shall be known and may be cited as the "Borough
of Shippensburg Stormwater Management Ordinance."
The Borough Council 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
reasonable 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 and low impact development (LID)
is 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) program.
The purpose of this chapter is to promote health, safety, and welfare within the Borough and its watershed by minimizing the harms and maximizing the benefits described in § 136-2 of this chapter, through provisions designed to:
A.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 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 Borough.
H.
Provide standards to meet NPDES permit requirements.
The Borough 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. Section 680.1, et seq., as amended, The Stormwater Management
Act.[2]
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 Borough
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 Borough purporting to validate such a violation.
If the Borough determines that any requirement under this chapter
cannot be achieved for a particular regulated activity, the Borough
may, after an evaluation of alternatives, approve measures other than
those in this chapter, subject to the following:
A.
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 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 Ordinance involved
and the proposed modification.
B.
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 Department
of Environmental Protection (DEP) or the delegated county conservation
district.
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 shall include
actions as are required to manage the rate, volume, direction, and
quality of resulting stormwater runoff in a manner which adequately
protects health, property and water quality.
A.
Neither the granting of any approval under this chapter, nor the
compliance with the provisions of this chapter, or with any condition
imposed by a Borough official hereunder, shall relieve any person
from any responsibility or damage to persons or property resulting
therefrom, or as otherwise imposed by law nor impose any liability
upon the Borough of Shippensburg for damages to persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee, or warranty
of any kind by the Borough of Shippensburg, or by an official or employee
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 such public body, official or employee for any damage
that may result pursuant thereto.
