For any of the regulated activities of this chapter, prior to the final approval of subdivision and/or land development plans, or the issuance of any permit, or the commencement of any regulated earth disturbance activity, the owner, subdivider, developer or his agent shall submit a drainage plan and receive Township approval of the plan.
Exemptions from the drainage plan requirements are as specified in § 137-6.
The following items shall be included in the drainage plan:
Map(s) of the project area showing:
The location of the project relative to highways, municipalities or other identifiable landmarks.
Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used. Off-site drainage areas impacting the project including topographic detail.
Streams, lakes, ponds or other bodies of water within the project area.
Other features including flood hazard boundaries, existing drainage swales, wetlands, closed depressions, vernal ponds, sinkholes, rock outcrops, cliffs and areas of natural vegetation to be preserved.
Locations of proposed underground utilities, sewers and water lines. The locations of all existing and proposed utilities, sanitary sewers and water lines within 50 feet of property lines of the project site.
An overlay showing soil types and boundaries based on the Northampton County Soil Survey, latest edition. Any hydric soils present on the site should be identified as such.
An overlay showing geologic types, boundaries and any special geologic features present on the site.
Proposed changes to land surface and vegetative cover.
Proposed structures, roads, paved areas and buildings.
Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.
Stormwater Management District boundaries applicable to the site.
Clear identification of the location and nature of permanent stormwater BMPs.
An adequate access area around all stormwater BMPs that would provide equipment ingress to and egress from a public right-of-way.
A schematic showing all tributaries contributing flow to the site and all existing man-made features beyond the property boundary that would be affected by the project.
The location of all public water supply wells within 400 feet of the project and all private water supply wells within 100 feet of the project.
Fencing (if required) and landscaping screens.
Existing and proposed on-lot sewage disposal facilities and backup areas to be preserved for replacement on-lot sewage disposal facilities (if applicable).
A tabulation of impervious cover and type (building, driveway, etc.) and identify if impervious cover is controlled by stormwater management:
[Added 11-1-2017 by Ord. No. 2017-05]
Stormwater management controls and BMPs.
All stormwater management controls and BMPs shall be shown on a map and described, including:
All calculations, assumptions and criteria used in the design of the stormwater management facilities and BMPs shall be shown.
All site testing data used to determine the feasibility of infiltration on a site.
All details and specifications for the construction of the stormwater management controls and BMPs.
Staging or implementation schedule for constructing the proposed stormwater control system.
For subdivision and land developments, the BMP operations and management plan, as required in Article VII, describing how each permanent stormwater BMP will be operated and maintained and the identity of the person(s) responsible for operations and maintenance. A statement must be included, signed by the owner, acknowledging that the stormwater BMPs are fixtures that cannot be altered or removed without approval by the Township. Prior to final plan approval and recording, the owner's responsibility for facility ownership, maintenance, repair and replacement described in this plan or program shall be described in a legal agreement between the owner and the Township. Such legal agreement shall be prepared to the satisfaction of the Township Solicitor. Such agreement shall be binding on the owner and future owners and shall be recorded so as to become a covenant running with the land.
For the subdivision and land development maintenance program, a separate document outlining the maintenance program for all stormwater management control facilities must be included. This program must include the proposed ownership of the control facilities, the maintenance requirements for the facilities and the financial responsibilities for the required maintenance. Prior to final plan approval and recording, the owner's responsibility for facility ownership, maintenance, repair and replacement described in this plan or program shall be described in a legal agreement between the owner and the Township. Such legal agreement shall be prepared to the satisfaction of the Township Solicitor. Such agreement shall be binding on the owner and future owners and shall be recorded so as to become a covenant running with the land.
Environmental resources site design assessment.
An environmental resources site design assessment that describes the following:
The extent to which the proposed grading and impervious cover avoid disturbance of significant environmental resources and preserve existing site hydrology.
An assessment of whether alternative grading and impervious cover site design could lessen the disturbance of significant environmental resources and/or make better use of the site hydrologic resources.
A description of how the proposed stormwater management controls and BMPs serve to mitigate any adverse impacts on environmental resources on the site.
Significant environmental resources considered in the site design assessment include, but are not limited to, steep slopes, ponds, lakes, streams, wetlands, vernal ponds, hydric soils, floodplains, riparian vegetation, native vegetation and special geologic features.
The Township Engineer shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with this chapter, any permits issued by DEP, and any additional provisions in Chapter 145, Subdivision and Land Development, as applicable.
The Lehigh Valley Planning Commission shall provide an advisory review of the drainage plan for consistency with the Saucon Creek Watershed and Catasauqua Creek Watershed and Lehigh River Subbasin 4 Stormwater Management Plans.
For regulated activities specified in this chapter, the Lehigh Valley Planning Commission shall provide written comments to the Township, within a time frame consistent with established procedures under the Municipalities Planning Code, as amended, as to whether the drainage plan has been found to be consistent with the stormwater management plan.
Editor's Note: See 53 P.S. § 10101 et seq.
For DEP-regulated activities, the Lehigh Valley Planning Commission shall notify the DEP whether the drainage plan is consistent with the stormwater management plan and forward a copy of the review letter to the Township and developer.
The Township shall not approve any subdivision or land development or building permit application if the drainage plan has been found to be inconsistent with the stormwater management plan as determined by the Township Engineer.
The Township may require an as-built survey of all stormwater BMPs and an explanation of any discrepancies with the drainage plan prior to issuance of a certificate of occupancy or prior to release of developer improvement security, if applicable.
A modification to a submitted drainage plan for a proposed development site which involves a change in control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the drainage plan (as determined by the Township Engineer) shall require a resubmission of the modified drainage plan consistent with and subject to review per the provisions of this chapter.
The Township Council may hear requests for waivers where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the owner. For all regulated activities, the Council of Lower Saucon shall hear requests for and decide on hardship waiver requests on behalf of the Township. The waiver request shall be in writing and accompanied by the requisite fee based upon a fee schedule adopted by the Township. A copy of the waiver request shall be provided to each of the following: Township, Township Engineer, Township Solicitor and Lehigh Valley Planning Commission. The request shall fully document the nature of the alleged hardship and address, at a minimum, the requirements listed below:
That there are unique physical circumstances or conditions, including irregularity of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the Stormwater Management District in which the property is located;
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, including the no harm provisions, and that the authorization of a waiver is therefore necessary to enable the reasonable use of the property;
That such unnecessary hardship has not been created by the owner;
That the waiver, if authorized, will represent the minimum waiver that will afford relief and will represent the least modification possible of the regulation in issue; and
That financial hardship is not the criteria for granting of a hardship waiver.
Editor's Note: The current Fee Schedule is available at the Town Hall.
In granting any waiver, the Township Council may attach such conditions and safeguards as it may deem necessary to implement the purposes of Act 167 and this chapter. If a hardship waiver is granted, the owner must still manage the quantity, rate, velocity, direction and quality of resulting storm runoff as is necessary to prevent injury to health, safety or other property.