[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh 11-14-2006 by Ord. No. 2006-7. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Activities, facilities, measures or procedures used to manage
stormwater quantity and quality impacts from the regulated activities
listed in Appendix A,[1] attached hereto and incorporated by reference, to meet
state water quality requirements, to promote groundwater recharge
and to otherwise meet the purposes of this chapter.
Documentation, included as part of a drainage plan, detailing
the proposed BMPs, how they will be operated and maintained and who
will be responsible.
A practice designed to direct runoff into the ground. e.g.,
French drain, seepage pit, seepage trench or bioretention area.
The determination of the depth to bedrock, the depth to the
seasonal high water table and the soil permeability for a possible
infiltration location on a site through the use of published data
and on-site surveys. In carbonate bedrock areas, the location of special
geologic features must also be determined along with the associated
buffer distance to the possible infiltration area.
Earth disturbance activity other than agricultural plowing
or tilling of one acre or more with a point source discharge to surface
waters or to the municipality's storm sewer system or earth disturbance
activity of five acres or more regardless of the planned runoff. This
includes earth disturbance on any portion of, part or during any stage
of a larger common plan of development.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
No regulated earth disturbance activities within the
municipality shall commence until approval by the municipality of
a plan which demonstrates compliance with this chapter.
B.
Infiltration BMPs shall not be constructed on fill.
C.
The applicant shall document the bedrock type(s) present
on the site from published sources. Any apparent boundaries between
carbonate and noncarbonate bedrock shall be verified through more
detailed site evaluations by a qualified geotechnical professional.
D.
For each proposed regulated activity in the watershed
where an applicant intends to use infiltration BMPs, the applicant
shall conduct a preliminary site investigation, including gathering
data from published sources, a field inspection of the site, a minimum
of one test pit and a minimum of two percolation tests, as outlined
in Appendix B[1] attached and incorporated by reference. This investigation
will determine depth to bedrock, depth to the seasonal high water
table, soil permeability and location of special geologic features,
if applicable. This investigation may be done by a certified sewage
enforcement officer (SEO) except that the location(s) of special geologic
features shall be verified by a qualified geotechnical professional.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
E.
The recharge volume (Rev) shall
be infiltrated unless the applicant demonstrates that it is infeasible
to infiltrate the Rev for reasons of seasonal
high water table, permeability rate, soil depth or isolation distances.
The Rev shall be calculated as follows:
|
Rev = (0.25) * (I)/12
|
|
Where:
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Rev
|
=
|
Recharge Volume in acre-feet.
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|
I
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=
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Impervious area in acres.
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F.
Sites where applicants intend to use infiltration
BMPs must meet the following criteria:
(1)
Depth to bedrock below the invert of the BMP greater
than or equal to two feet.
(2)
Depth to seasonal high water table below the invert
of the BMP greater than or equal to three feet; except for infiltration
of residential roof runoff where the seasonal high water table must
be below the invert of the BMP. (If the depth to bedrock is between
two and three feet and the evidence of the seasonal high water table
is not found in the soil, no further testing to locate the depth to
seasonal high water table is required.
(3)
Soil permeability (as measured by the adapted 25 PA
Code § 73.15. percolation test in Appendix B) greater than
or equal to 0.5 inches/hour and less than or equal to 12 inches per
hour.
(4)
Setback distances or buffers as follows:
(a)
One hundred feet from water supply wells.
(b)
Fifteen feet down-gradient or 100 feet up-gradient
from building foundations; except for residential development where
the required setback is 15 feet down-gradient or 40 feet up-gradient
from building foundations.
(c)
Fifty feet from septic system drain fields;
except for residential development where the required setback is 25
feet from septic system drain fields.
(d)
Fifty feet from a geologic contact with carbonate
bedrock unless a preliminary site investigation is done in the carbonate
bedrock to show the absence of special geologic features within 50
feet of the proposed infiltration area.
(e)
One hundred feet from the property line unless
documentation is provided to show that all setbacks from existing
or potential future wells, foundations and drain fields on neighboring
properties will be met.
G.
The preliminary site investigation described in Subsection D is required and shall continue on different areas of the site until a potentially suitable infiltration location is found or the entire site is determined to be infeasible for infiltration. For infiltration areas that appear to be feasible based on the preliminary site investigation, the additional site investigation and testing as outlined in Appendix B shall be completed. If an applicant proposes infiltration, the municipality may determine infiltration to be infeasible if there are known existing conditions or problems that may be worsened by the use of infiltration.
A.
DEP or its designees (e.g., County Conservation District)
normally ensure compliance with any permits issued, including those
for stormwater management. In addition to DEP compliance programs,
the municipality or its designee may inspect all phases of the construction,
operations. maintenance and any other implementation of stormwater
BMPs.
B.
During any stage of the regulated earth disturbance
activities, if the municipality or its designee determines that any
BMPs are not being implemented in accordance with this chapter, the
municipality may suspend or revoke any existing permits issued by
the municipality or other approvals issued by the municipality until
the deficiencies are corrected.
The municipality may charge a reasonable fee
for review of the drainage plan, including the BMP operations and
maintenance plan, to defray review costs incurred by the municipality.
The applicant shall pay all such fees.
A.
The BMP operations and maintenance plan for the project
site shall establish responsibilities for the continuing operation
and maintenance of all permanent stormwater BMPs, as follows:
(1)
If a plan includes structures or lots which are to
be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the municipality, stormwater BMPs
may also be dedicated to and maintained by the municipality;
(2)
If a plan includes operations and maintenance by a
single owner or if sewers and other public improvements are to be
privately owned and maintained, then the operation and maintenance
of stormwater BMPs shall be the responsibility of the owner or private
management entity.
B.
The municipality shall make the final determination
on the continuing operations and maintenance responsibilities. The
municipality reserves the right to accept or reject the operations
and maintenance responsibility for any or all of the stormwater BMPs.
It shall be unlawful to alter or remove any
permanent stormwater BMP required by an approved BMP operations and
maintenance plan or to allow the property to remain in a condition
which does not conform to an approved BMP operations and maintenance
plan unless an exception is granted in writing by the municipality.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney's fees incurred by the municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the municipality may enforce the judgment pursuant to
a separate violation, unless the district justice, determining that
there has been a violation, further determines that there was a good-faith
basis for the person, partnership, or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the district justice and thereafter each day that a violation continues
shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant
an order of stay upon cause shown, tolling the per diem judgment pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
D.
District justices shall have initial jurisdiction
in proceedings brought under this section.
E.
In addition, the municipality, through its solicitor,
may institute injunctive, mandamus or any other appropriate action
or proceeding at law or in equity for the enforcement of this chapter.
Any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions, mandamus or
other appropriate forms of remedy or relief.
