[Ord. No. 2021-272, 3/2/2021[1]]
This chapter shall be known and may be cited as the "New Stanton
Borough Stormwater Management Ordinance."
[1]
Editor's Note: This chapter also repealed former Ch.
26, Water, adopted 10/1/1992 by Ord. No. 92-155, as amended.
[Ord. No. 2021-272, 3/2/2021]
1.
The Council of the Borough of New Stanton finds that:
A.
Stormwater runoff from lands modified by human activities threatens
public health and safety by causing decreased infiltration of rainwater
and increased runoff flows and velocities, which overtax the carrying
capacity of existing streams and storm sewers, causes property damage
and risk to public safety, and greatly increases the cost to the public
to manage stormwater.
B.
Inadequate planning and management of accelerated 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.
C.
New Stanton Borough is located entirely within the Sewickley Creek
Watershed and as such will endeavor to cooperate with other municipalities
located in the watershed to address issues of stormwater management,
water quality, pollution and flooding.
D.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth in the Borough
of New Stanton.
E.
Stormwater can be an important water resource by providing groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
F.
Public education on the control of pollution of stormwater is an
essential component in successfully managing stormwater.
G.
A comprehensive program of stormwater management, including reasonable
regulation of land development and redevelopment causing loss of natural
infiltration, is fundamental to the public health, safety, welfare,
and the protection of the people of the Borough of New Stanton and
all the people of the commonwealth, their resources, and the environment.
H.
The use of open space conservation, green infrastructure, low-impact
development (LID), and riparian buffers are intended to address the
root cause of water quality impairment by using systems and practices
which use or mimic natural processes to:
I.
Stormwater structures are considered vital infrastructure and can
pose a significant hazard. Outlets and waterways which carry stormwater
shall be maintained free of obstructions to allow for nonrestricted
flow of stormwater to avoid impoundment of water.
J.
Occupancy and modification of floodplains shall be avoided wherever
there is a practicable alternative to reduce long- and short-term
adverse impacts in order to reduce the risk of flood loss, minimize
the impact of floods on human safety, health and welfare, and to restore
and preserve the natural and beneficial values served by floodplains.
K.
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). New Stanton Borough is subject to MS4
requirements.
L.
The Westmoreland Conservation District (WCD) is a recognized regulatory
agency with authority in the county and this municipality to regulate
erosion and sediment controls and stormwater management related to
land development activities. Because WCD's authority crosses
municipal boundaries they are enabled to oversee environmental issues
for the general benefit of all county residents.
M.
The Westmoreland County Integrated Water Resources Plan (current
addition) addresses all water resources and provides a decisionmaking
tool for development and redevelopment with respect to those resources
including stormwater and its management. Refer to www.paiwrp.com and
www.westmorelandstormwater.org.
N.
This chapter is based on the PADEP 2022 Model Stormwater Management
Ordinance (5/2016), and was created as part of the Westmoreland County
Integrated Water Resources Plan 2020. Its creation was guided by the
Watershed Planning Advisory Committee, the Westmoreland Conservation
District, the Westmoreland County Department of Planning and Development;
approved by the PA DEP February 4, 2020; and formally adopted by the
Westmoreland County Commissioners by resolution June 4, 2020.
O.
The Pennsylvania Storm Water Management Act (Act 167 of 1978)[1] requires municipalities to "adopt or amend, and shall
implement such ordinances and regulations, including zoning, subdivision
and development, building code, and erosion and sedimentation ordinances,
as are necessary to regulate development within the Borough in a manner
consistent with the applicable watershed stormwater plan and the provisions
of this act."
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
P.
Federal regulations at 40 CFR 122.34 require the use of ordinances
by small MS4s to address:
(1)
The prohibition of unauthorized nonstormwater discharges (MCM
No. 3);
(2)
Erosion and sediment controls for construction activities involving
earth disturbances of one acre or more (or disturbances less than
one acre if the construction activity is part of a larger common plan
of development or sale that would disturb one acre or more) (MCM No.
4); and
(3)
Post-construction stormwater management for new development
and redevelopment projects (MCM No. 5). DEP expects that MS4 municipalities
will update existing ordinances to comply with the requirements of
the MS4 program or, at a minimum, enact the DEP 2022 Model Ordinance
by September 30, 2022.
Q.
DEP is directed under Act 167 to develop a model stormwater ordinance.
DEP's intention in publishing the 2022 Model Stormwater Management
Ordinance is that its use will satisfy both Act 167 requirements,
and MS4 regulatory requirements.
[Ord. No. 2021-272, 3/2/2021]
1.
The purpose of this chapter is to promote health, safety, and welfare
within the Borough of New Stanton and its watersheds by minimizing
the harms and maximizing the benefits described in this section of
this chapter, through provisions designed to:
A.
Manage stormwater runoff impacts at their source by regulating activities
that cause the problems, reducing runoff volumes and mimicking natural
hydrology.
B.
Maintain existing flows and quality of streams and watercourses.
C.
Prevent scour and erosion of stream banks and streambeds.
D.
Utilize and preserve the existing natural drainage systems as much
as possible.
E.
Restore and preserve the natural and beneficial values served by
streamside and water body floodplains.
F.
Focus on infiltration of stormwater, to maintain groundwater recharge,
to prevent degradation of surface and groundwater quality and to otherwise
protect water resources.
G.
Promote stormwater runoff prevention and emphasize infiltration and
evapotranspiration through the protection and conservation of natural
resource systems and the use of nonstructural BMPs and other creative
methods of improving water quality and managing stormwater runoff.
H.
Promote the use of green infrastructure in development and redevelopment
where it can also improve stormwater management within the broader
watershed in which the project is located.
I.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93.4a, to protect and maintain
existing uses and maintain the level of water quality to support those
uses in all streams, and to protect and maintain water quality in
special protection streams.
J.
Provide review procedures and performance standards for stormwater
planning and management.
K.
Provide for proper operations and maintenance of all permanent stormwater
management BMPs that are implemented in the Borough of New Stanton.
L.
Provide a mechanism to identify controls necessary to meet the NPDES
and MS4 permit requirements where applicable, and to encourage infrastructure
improvements that lead to separation of storm sewer systems from sanitary
sewer systems.
M.
Assist in detecting and eliminating illicit stormwater discharges
into New Stanton Borough's separate storm sewer system.
[Ord. No. 2021-272, 3/2/2021]
The Borough of New Stanton is empowered to regulate land use
activities that affect stormwater runoff by the authority of the Storm
Water Management Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S.
§ 680.1 et seq., as amended; and 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.
[Ord. No. 2021-272, 3/2/2021]
1.
All regulated activities as defined by this chapter are subject to
regulation by this chapter.
2.
This chapter applies to all land development and regulated earth
disturbance activities within the Borough of New Stanton, and all
stormwater runoff entering into the Borough's separate storm
sewer system from lands within the boundaries of the Borough.
3.
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.
4.
The Borough shall have the discretion to require compliance with
this chapter where existing conditions or previous development has
created ongoing adverse environmental impacts due to a lack of, or
improperly implemented stormwater management which the Borough determines
to have a substantial risk to life, health, safety, property or the
environment.
[Ord. No. 2021-272, 3/2/2021]
Any other ordinance provision(s) or regulations of the Borough of New Stanton inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistency only. In addition, the provisions of Part 10 repeal, replace and set forth certain exceptions to existing provisions related to stormwater found in existing provisions of the Code of Ordinances of the Borough of New Stanton.
[Ord. No. 2021-272, 3/2/2021]
If any word, phrase, section, sentence, clause or part of this
chapter is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, invalidity or illegality by a court
of competent jurisdiction, shall not affect or impair any of the remaining
words, phrases, sections, sentences, clauses or parts of this chapter.
It is hereby declared to be the intent of the Council of the Borough
of New Stanton that this chapter would have been adopted had such
unconstitutional, illegal or invalid word, phrase, section, sentence,
clause or part thereof not been included herein.
[Ord. No. 2021-272, 3/2/2021]
1.
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. 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.
2.
Conflicting provisions in other Borough of New Stanton ordinances
or regulations shall be construed to retain the requirements of this
chapter addressing state water quality requirements.
[Ord. No. 2021-272, 3/2/2021]
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 of New Stanton purporting to validate such a violation.
[Ord. No. 2021-272, 3/2/2021]
1.
Prohibitions shall be consistent with PAG-13 NPDES general permit
for stormwater discharges from MS4 communities and as listed here.
A.
Prohibited Discharges:
(1)
No person in the Borough of New Stanton shall introduce, permit
or allow, or cause to introduce, permit or allow, stormwater discharges
into the Borough separate storm sewer system which are not composed
entirely of stormwater, except as permitted by this chapter, or:
(2)
Permissible discharges, based on a finding by the Borough of
New Stanton that the discharge(s) do not significantly contribute
to pollution to surface waters of the commonwealth, are recommended
to be discharged safely to a vegetated area or infiltration BMP, but
can also be discharged to a storm sewer system, include but are not
limited to:
(a)
Discharges from firefighting activities.
(b)
Potable water sources including dechlorinated water line and
fire hydrant flushing.
(c)
Noncontaminated irrigation drainage from agricultural practices.
(d)
Routine external building washdown (which does not use detergents
or other compounds).
(e)
Noncontaminated air conditioning condensate.
(f)
Water from individual residential car, boat or other residential
vehicle washing that does not use detergents or other compounds.
(g)
Springs.
(h)
Noncontaminated water from basement or crawl space sump pumps.
(i)
Noncontaminated water from foundation or from footing drains.
(j)
Flows from riparian habitats and wetlands.
(k)
Lawn watering.
(l)
Pavement wash water where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(m)
Splash pad (recreational spray patio with no standing water)
discharges.
(n)
Noncontaminated groundwater.
(o)
Dechlorinated swimming pool water.
(3)
In the event that the Borough of New Stanton determines that any of the discharges identified in Subsection 1A(2) above significantly contributes to pollution of waters of the commonwealth, or is so notified by DEP, the Borough will notify the landowner and/or the responsible person to cease the discharge.
(4)
Upon notice provided by the Borough of New Stanton under Subsection 1A(3), above, the discharger will have a period of time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5)
Nothing in this section shall affect, limit or alleviate a discharger's
responsibilities under state or federal law.
B.
Prohibited Connections. The following sources, activities or connections are prohibited, except as provided in Subsection 1A(1) and (2) above:
(1)
Any drain or conveyance, whether on the surface or subsurface,
which allows any nonstormwater discharge, including, but not limited
to, sewage, process wastewater and wash water, to enter the separate
storm sewer system, and any connections to the storm drain system
from indoor drains and sinks.
(2)
Any drain or conveyance connected from a commercial, industrial
or other nonresidential land use to the separate storm sewer system
which has not been documented in plans, maps, or equivalent records,
and approved by the Borough of New Stanton.
(3)
Drains carrying stormwater or groundwater shall not be connected
to or discharge to any public or private sanitary sewer system or
facility.
C.
Prohibited Activities:
(1)
A landowner may not alter the natural flow of surface water
on his property by concentrating it in an artificial channel and discharging
it upon lower land of his neighbor even though no more water is thereby
collected than would naturally have flowed upon the neighbor's
land in a diffused (shallow broad path or sheet flow) condition.
(2)
A landowner may not alter any BMPs, facilities or structures
that were installed under this chapter or the Borough's preceding
stormwater management regulations without written approval of the
municipality.
D.
Roof Drains and Sump Pumps. Roof drains and sump pumps shall discharge
to infiltration or vegetative BMPs wherever feasible.
[Ord. No. 2021-272, 3/2/2021]
1.
Neither the granting of any approval under the stormwater management
provisions of this chapter, nor the compliance with the provisions
of this chapter, or with any condition imposed by any public body
of the Borough of New Stanton or by a Borough official, employee or
consultant hereunder, shall relieve any person from any responsibility
for damage to person or property resulting therefrom, or as otherwise
imposed by law, nor impose any liability upon the Borough of New Stanton
for damages to persons or property.
2.
The granting of a permit which includes any stormwater management
does not constitute a representation, guarantee or warranty of any
kind by the Borough of New Stanton or the Westmoreland Conservation
District (WCD), 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.
