[Ord. No. 872, 11/7/2022]
The Part shall be known and may be cited as the "Borough of
Fountain Hill Stormwater Management Ordinance."
[Ord. No. 872, 11/7/2022]
1. 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
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)
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
pre-development 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.
[Ord. No. 872, 11/7/2022]
1. The purpose of this Part is to promote health, safety, and welfare
within the municipality and its watershed by minimizing the harms
and maximizing the benefits described in § 102 of this Part,
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 municipality.
H. Provide standards to meet NPDES permit requirements.
[Ord. No. 872, 11/7/2022]
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, 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.
[Ord. No. 872, 11/7/2022]
1. This Part shall apply to all areas of the Borough. All regulated
activities and all activities that may affect stormwater runoff, including
land development and earth disturbance activity, are subject to regulation
by this Part. Regulated activities include:
C. Construction of new or additional impervious surfaces (driveways,
parking lots, etc.).
D. Construction of new buildings or additions to existing buildings.
E. Diversion or piping of any natural or man-made stream channel.
F. Installation of stormwater systems or appurtenances thereto.
G. Regulated earth-disturbance activities.
H. Other than those included in § 105, Subsection
1A through
G, any earth disturbance activities or any activities that include the alteration or development of land in a manner that may affect stormwater runoff onto adjacent property.
[Ord. No. 872, 11/7/2022]
1. Impervious Cover. Any proposed regulated activity, except those defined in § 105, Subsection
1E through H, which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this Part. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, and the currently proposed impervious cover is at least 1,000 square feet, a drainage plan shall be required for the new proposal.
A. The date of the Borough adoption of the original Act 167 Stormwater
Management Ordinance, January 26, 1998, shall be the starting point
from which to consider tracts as "parent tracts" in which future subdivisions
and respective impervious area computations shall be cumulatively
considered.
B. For development taking place in stages, the entire development plan
must be used in determining conformance with these criteria.
C. For a parent tract with a prior exemption, the current drainage plan
shall control the runoff from only the impervious cover currently
proposed, unless the proposed impervious cover is on a building lot
from the previous exemption; in such case, all impervious cover proposed
on that building lot since the ordinance adoption shall meet the ordinance
provisions.
D. Additional impervious cover shall include, but not be limited to,
additional indoor living spaces, decks, patios, garages, driveways,
storage sheds and similar structures, and roof, parking or driveway
areas, and any new streets and sidewalks constructed as part of or
for the proposed regulated activity.
E. Any additional areas proposed initially to be gravel, crushed stone,
porous pavement, etc., shall be assumed to be impervious for the purposes
of comparison to the exemption criteria. Any existing gravel, crushed
stone or hard-packed soil areas on a site shall be considered as pervious
cover for the purpose of exemption evaluation.
If a drainage plan is required, the pre- and post-development
calculations should be based on actual cover conditions regardless
of any assumptions made for purposes of exemption evaluation.
2. Prior Drainage Plan Approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the municipality prior to the effective date of this Part is exempt from the drainage plan preparation provisions of this Part, except as cited in § 106, Subsection
4, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval, and the approval has not lapsed under the Municipalities Planning Code. If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this Part, preparation of a new drainage plan, subject to the provisions of this Part, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures, or changes necessary because soil or other conditions are not as stated on the original drainage plan.
3. Activities associated with § 105, Subsection 1H shall be
exempt from the drainage plan preparation requirements of the Ordinance
unless the municipality determines that the activity could create
a new or relocated concentrated drainage discharge. Agricultural activity
as may be covered by § 105, Subsection 1H, are exempt from
the drainage plan provisions of this Part.
4. These exemptions shall not relieve the applicant from implementing
such measures as are necessary to protect health, safety and property,
and to meet state water quality requirements. These measures include
adequate and safe conveyance of stormwater on the site and as it leaves
the site. These exemptions do not relieve the applicant from the responsibility
to secure permits or approvals for activities regulated by any other
applicable code, rule, act, or ordinance.
5. No exemptions shall be provided for regulated activities as defined in § 105, Subsection
1E through G.
6. Agricultural activity is exempt from the rate control and drainage
plan preparation requirements of this Part, provided the activities
are performed according to the requirements of 25 Pa. Code 102.
7. Forest management and timber harvesting activities are exempt from
the rate control and drainage plan preparation requirements of this
Part, provided the activities are performed according to the requirements
of 25 Pa. Code 102.
8. The municipality may deny or revoke any exemption pursuant to this
section at any time for any project that the municipality believes
may pose a threat to public health, safety, property or the environment.
[Ord. No. 872, 11/7/2022]
The Borough of Fountain Hill Ordinance No. 729, dated March
7, 2005, is hereby repealed in its entirety. Notwithstanding the foregoing,
any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this Part is hereby repealed
to the extent of the inconsistency only.
[Ord. No. 872, 11/7/2022]
In the event that a court of competent jurisdiction declares
any section or provision of this Part invalid, such decision shall
not affect the validity of any of the remaining provisions of this
Part.
[Ord. No. 872, 11/7/2022]
Approvals issued and actions taken under this Part 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.
[Ord. No. 872, 11/7/2022]
Notwithstanding any provisions of this Part, including exemption
and waiver provisions, any landowner and 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 such actions as are required to manage the rate, volume,
direction and quality of resulting stormwater runoff in a manner which
otherwise adequately protects health and property from possible injury.