Article 1
General Provisions
§11A-101 Title.
This Chapter shall be known as the “Cornwall Borough Stormwater Management Ordinance.”
(Ord. 2022-3, 9/12/2022, §1)
§11A-102 Statement of Findings.
1. Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point source pollution of water resources.
2. A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of people of Cornwall Borough and all the people of the Commonwealth, their resources, and the environment.
3. Stormwater is an important water resource that provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
4. 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 (A) infiltrate and recharge, (B) evapotranspire, and/or (C) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology.
5. Reasonable regulation of connections and discharges to municipal separate storm sewer systems is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, their resources, and the environment.
6. Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater issues.
7. 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). Permittees are required to enact, implement, and enforce a prohibition of nonstormwater discharges to the permittee’s regulated small municipal separate storm sewer system (MS4).
8. Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of the waters of the Commonwealth.
(Ord. 2022-3, 9/12/2022, §1)
§11A-103 Purpose.
The purpose of this Chapter is to promote health, safety, and welfare within Cornwall Borough, by minimizing the harms and maximizing the benefits described in the Statement of Findings (§11A-102) through provisions intended 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 the Commonwealth.
B. Preserve the natural drainage systems to the maximum extent possible.
C. Manage stormwater impacts close to the runoff source, reduce runoff volumes and mimic predevelopment hydrology.
D. Manage accelerated runoff and erosion and sedimentation problems close to their source by regulating activities that cause these problems.
E. Provide procedures, performance standards, and design criteria for stormwater planning and management.
F. Maintain groundwater recharge, prevent degradation of surface and groundwater quality, and otherwise protect water resources.
G. Preserve and restore the flood-carrying capacity of streams and prevent scour and erosion of stream banks and streambeds.
H. Provide proper operations and maintenance of all temporary and permanent stormwater management facilities and best management practices (BMPs) that are constructed and implemented.
I. Provide standards to meet the NPDES permit requirements.
J. Implement an “illegal discharge detection and elimination program” within Cornwall Borough to address nonstormwater discharges into the Borough’s municipal separate storm sewer system (MS4).
K. Coordinate land development in accordance with the Zoning Ordinance; Subdivision and Land Development Ordinance; Borough, and County Comprehensive Plans; Watershed Plans; and other plans of the Borough and County.
(Ord. 2022-3, 9/12/2022, §1)
§11A-104 Statutory Authority.
Cornwall Borough is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, P.L. 864, No. 167, 32 P.S. §680.1 et seq., as amended (The Stormwater Management Act); the Act of October 4, 1978, P.L. 851, No. 166, 32 P.S. §679.101 et seq., as amended (The Floodplain Management Act); and the Pennsylvania Borough Code, as amended.
(Ord. 2022-3, 9/12/2022, §1)
§11A-105 Applicability.
1. All regulated activities, as defined in §11A-201, that may affect stormwater runoff, including land development and earth disturbance activities, are subject to regulation by this Chapter.
2. All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute nonstormwater discharges to a regulated small MS4 are subject to regulation by this Chapter.
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.
(Ord. 2022-3, 9/12/2022, §1)
§11A-106 Repeals and Continuation of Prior Regulations.
Except as otherwise required by law, this Chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this Chapter restates regulations contained in ordinances previously enacted by the Borough, this Chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of Borough Council that all provisions of this Chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All storm water management ordinances or parts of storm water management ordinances inconsistent with the provisions of this Chapter are hereby repealed. It is expressly provided that the provisions of this Chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior storm water management regulation or ordinance. In the event any violation has occurred under any prior storm water management regulation or ordinance of the Borough, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior storm water management regulation or ordinance, and the provisions and penalties provided in said prior storm water management regulation or ordinance shall remain effective as to said violation.
(Ord. 2022-3, 9/12/2022, §1)
§11A-107 Severability.
In the event any provision, section, sentence, clause or part of this Chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Chapter, it being the intent of Borough Council that the remainder of the Chapter shall be and shall remain in full force and effect.
(Ord. 2022-3, 9/12/2022, §1)
§11A-108 Compatibility with Other Ordinance Requirements.
1. Approvals issued, and actions taken pursuant to this Chapter do not relieve the applicant of the responsibility to comply with or to secure required permits or approvals for activities regulated by any other applicable codes, laws, rules, statutes, or ordinances. 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. Conflicting provisions in other ordinances or regulations shall be construed to retain the requirements of this Chapter addressing state water quality requirements.
2. The degree of stormwater management sought by the provisions of this Chapter is considered reasonable for regulatory purposes. When applicable, this Chapter shall be used in conjunction with Chapter 13, Subdivision and Land Development. This Chapter shall not create liability on the part of Cornwall Borough, any appointed or elected official of Cornwall Borough, the Lebanon County Conservation District, or any employee thereof for any erosion, sedimentation or flood damages that result from reliance on this Chapter, or any administrative decision lawfully made thereunder.
(Ord. 2022-3, 9/12/2022, §1)
§11A-109 Duty of Persons Engaged in the Development of Land.
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 also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality.
(Ord. 2022-3, 9/12/2022, §1)
§11A-110 Stormwater Management Data.
The stormwater management data shall identify all proposed stormwater management facilities and supportive information stated in this Chapter. Stormwater management plans and reports shall only be prepared by licensed professionals registered in the Commonwealth of Pennsylvania who are qualified to perform such duties.
(Ord. 2022-3, 9/12/2022, §1)
§11A-111 Erroneous Permit.
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.
(Ord. 2022-3, 9/12/2022, §1)
§11A-112 Waivers.
If the Borough determines that any requirement under this Chapter cannot be achieved for a specific regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this Chapter, subject to §11A-409(A) through (C).
(Ord. 2022-3, 9/12/2022, §1)
§11A-113 Borough Liability.
Except as specifically provided by the Pennsylvania Stormwater Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. §680.1 et seq., the making of any administrative decision by Cornwall Borough or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Borough of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Borough and its officials and employees. The Borough, by enacting and amending this Chapter, does not waive or limit any immunity granted to the Borough and its officials and employees by the Governmental Immunity Act, 42 Pa. C.S. §8541 et seq., and does not assume any liabilities or obligations.
(Ord. 2022-3, 9/12/2022, §1)