The Ordinance shall be known and may be cited as the "Forks Township Watersheds Act 167 Stormwater Management Ordinance". It shall be applicable to the portions of the Bushkill Creek, Martins/Jacoby Creeks, and Delaware Sub-basin I Watersheds located within the Township of Forks, Northampton County, Pennsylvania.
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development and redevelopment 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 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 nonpoint source pollution of water resources.
B. 
Inadequate planning and management of 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.
C. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the municipality and all the people of the Commonwealth, their resources, and the environment.
D. 
Stormwater is an important water resource that provides groundwater recharge for water supplies and supports the base flow of streams, which also protects and maintains surface water quality.
E. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
F. 
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.
G. 
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 predevelopment hydrology.
The purpose of this chapter is to promote the public health, safety, and welfare within the Bushkill Creek, Martins/Jacoby Creeks, and Delaware Sub-basin I Watersheds by minimizing the damages and maximizing the benefits described in § 163-2 of this chapter by provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Ch. 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this Commonwealth.
B. 
Minimize increases in stormwater volume and control peak flows.
C. 
Minimize impervious surfaces.
D. 
Provide review procedures and performance standards for stormwater planning and management.
E. 
Preserve the natural drainage systems as much as possible.
F. 
Manage stormwater impacts close to the runoff source, requiring a minimum of structures and relying on natural processes.
G. 
Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and groundwater quality, and to otherwise protect water resources.
H. 
Preserve and restore the flood-carrying capacity of streams.
I. 
Prevent scour and erosion of streambanks and streambeds.
J. 
Provide standards to meet National Pollution Discharge Elimination System (NPDES) permit requirements.
K. 
Address certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Phase II Stormwater Regulations.
L. 
Address the requirements of the Bushkill Creek, Martins/Jacoby Creeks, and Delaware Sub-basin I Watersheds Act 167 Stormwater Management Plan.
M. 
Provide for proper operation and maintenance of all stormwater management facilities and best management practices (BMPs) that are implemented in the municipality.
The municipality is empowered to regulate these activities by the authority of 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" and by virtue of § 2704 of the Second Class Township Code, 53 P.S. § 67704.
This chapter shall only apply to those areas of the municipality which are located within the Bushkill Creek, Martins/Jacoby Creeks and Delaware Sub-basin I Watersheds as delineated on an official map available for inspection at the municipal office. Copies of the Act 167 Watershed Release Rate Maps are included in Appendix A.[1] The following activities are defined as regulated activities and shall be governed by this chapter:
A. 
Land development.
B. 
Subdivision.
C. 
Prohibited or polluted discharges;
D. 
Alteration of the natural hydrologic regime;
E. 
Construction or reconstruction of, or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.), except for reconstruction of roads where there is no increase in impervious surface;
F. 
Construction of new buildings or additions to existing buildings;
G. 
Redevelopment;
H. 
Diversion piping or encroachments in any natural or man-made channel;
I. 
Nonstructural and structural stormwater management best management practices (BMPs) or appurtenances thereto; and
J. 
Regulated earth disturbance activities.
[1]
Editor's Note: Said appendix is on file in the Township offices.
A. 
Impervious cover. Any proposed regulated activity, except those defined in § 163-E through H, which would create 5,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter. All of the impervious cover added incrementally to a site above the initial 5,000 square feet shall be subject to the provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 5,000 square feet, the total impervious cover on the site proposed since the original ordinance date must meet the provisions of this chapter.
(1) 
The date of the municipal ordinance adoption of the original Forks Township Act 167 Stormwater Management Ordinance, November 20, 1997, 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.
(2) 
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
(3) 
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.
(4) 
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.
B. 
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 chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in § 163-6D, 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.[1] If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new drainage plan, subject to the provisions of this chapter, 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Activities associated with § 163-5H 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 onto adjacent property. Agricultural plowing and tilling as may be covered by § 163-5H are exempt from the drainage plan preparation requirements of the chapter.
D. 
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property, and 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.
E. 
No exemptions shall be provided for regulated activities as defined in § 163-5E through G.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance.
Notwithstanding any provisions of this chapter, 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.
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 municipality purporting to validate such a violation.
A. 
If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the Township 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 ordinance 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 ordinance. 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.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.