[Ord. No. 872, 11/7/2022[1]]
The Part shall be known and may be cited as the "Borough of Fountain Hill Stormwater Management Ordinance."
[1]
Editor's Note: This ordinance also repealed former Ch. 26, Part 1, Stormwater Management, adopted by Ord. 610, 1/5/1998, as amended by Ords. 709 and 729.
[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,[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 et seq.
[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:
A. 
Land development.
B. 
Subdivision.
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.