[Ord. 2005-5, 7/14/2005, § 101; as amended by Ord. No. 2020-02, 1/6/2020]
This Part shall be known and may be cited as the "Upper Macungie
Township Stormwater Management Ordinance."
[Ord. 2005-5, 7/14/2005, § 102]
The governing body of the municipality finds that:
A. Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, changes the
natural hydrologic patterns, destroys aquatic habitat, elevates aquatic
pollutant concentrations and loadings, 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.
[Amended by Ord. No. 2020-02, 1/6/2020]
B. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion
and loss of natural infiltration, is fundamental to the public health,
safety and welfare and the protection of the people of the municipality
and all of the people of the commonwealth, their resources and the
environment.
C. Stormwater can be an important resource by providing groundwater
recharge for water supplies and baseflow of streams, which also protects
and maintains surface water quality.*
D. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.*
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).*
F. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.*
G. Green Infrastructure and Low-Impact Development.
[Added by Ord. No. 2020-02, 1/6/2020]
(1)
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:
(c)
Harvest and use precipitation near where it falls to earth.
(2)
Green infrastructure practices and LID contribute to the restoration
or maintenance of predevelopment hydrology.
[Ord. 2005-5, 7/14/2005 § 103; as amended by Ord. No. 2020-02, 1/6/2020]
The purpose of this chapter is to promote the public health, safety and welfare within the Little Lehigh Creek and Jordan Creek Watersheds by minimizing the damages and maximizing the benefits described in §
17-102 of this chapter by provisions designed to:
A. Manage stormwater runoff close to the source, reduce runoff volumes,
and mimic predevelopment hydology.
B. Utilize and preserve the desirable existing natural drainage systems.
C. Encourage infiltration of stormwater, where appropriate, to maintain
groundwater recharge, to prevent degradation of surface water and
groundwater quality and to otherwise protect water resources.
D. Maintain the existing flows and quality of streams and watercourses
in the municipality and the commonwealth.
E. Preserve and restore the flood-carrying capacity of streams.
F. Provide for proper maintenance of all permanent stormwater management
BMPs that are implemented in the municipality.
G. Provide review procedures and performance standards for stormwater
planning, design and management.*
H. Manage stormwater impacts close to the runoff source, which requires
a minimum of structures and relies on natural processes.*
I. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93.4a to protect and maintain "existing
uses" and maintain the level of water quality to support those uses
in all streams and to protect and maintain water quality in "special
protection" streams.*
J. Prevent scour and erosion of stream banks and streambeds.*
K. Provide standards to meet the NPDES permit requirements.*
[Ord. 2005-5, 7/14/2005, § 104]
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. § 680.1 et seq., as amended, the "Stormwater Management
Act" and the Second Class Township Code.
[Ord. 2005-5, 7/14/2005, § 105]
1. This chapter shall only apply to those areas of the municipality
which are located within the Little Lehigh Creek and Jordan Creek
Watersheds as delineated on an official map available for inspection
at the municipal office. A map of the Little Lehigh Creek and Jordan
Creek Watersheds at a reduced scale is included in Appendix A for
general reference.
[Amended by Ord. No. 2020-02, 1/6/2020]
2. The following activities are defined as regulated activities and
shall be governed by this Chapter:
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.*
[Ord. 2005-5, 7/14/2005, § 106]
1. Regulated activities, except those defined in Subsection
2E and F of §
17-105, that result in cumulative earth disturbances of less than one acre and which would create 10,000 square feet or less of additional impervious cover are exempt from the drainage plan preparation provisions of this chapter. The date of the municipal ordinance adoption of the original Little Lehigh Act 167 Stormwater Management Ordinance (1988) and Jordan Creek Act 167 Stormwater Management Ordinance (May 1992) shall be the starting points from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. For development taking place in stages, the entire development plan must be used in determining conformance with these criteria. Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any additional areas proposed to initially 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. All of the impervious cover added incrementally to a site above the initial 10,000 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 10,000 square feet, the total impervious cover on the site proposed since the original ordinance date must meet the provisions of this chapter.
[Amended by Ord. No. 2020-02, 1/6/2020]
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 Chapter is exempt from the drainage plan preparation provisions of this Chapter, except as cited in Subsection
3 of this §
17-106, 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 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.
3. 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 any and all water on the site and as it leaves
the site. These exemptions do not relieve the applicant from the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act or ordinance. 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 and safety or the environment.
[Amended by Ord. No. 2020-02, 1/6/2020; and by Ord. No. 2021-05, 5/6/2021]
4. No exemptions shall be provided for regulated activities as defined in Subsections
2E and F of §
17-105.
5. Agricultural
activity is exempt from the SWM Site Plan preparation requirements
of this chapter, provided that the activities are performed according
to the requirements of 25 Pa. Code Chapter 102.
[Added by Ord. No. 2020-02, 1/6/2020]
6. Forest
management and timber operations are exempt from the SWM Site Plan
preparation requirements of this chapter, provided that the activities
are performed according to the requirements of 25 Pa. Code Chapter
102.
[Added by Ord. No. 2020-02, 1/6/2020]
7. Exemptions from any provisions of this chapter shall not relieve the applicant from the requirements in Subsections
4 through
11 of §
17-301.
[Added by Ord. No. 2020-02, 1/6/2020]
[Ord. 2005-5, 7/14/2005, § 107]
Any ordinance of the municipality inconsistent with any of the provisions of this Chapter is hereby repealed to the extent of the inconsistency only. This Section specifically repeals Chapter
22 of the Codified Ordinances of the Township of Upper Macungie, Part 10, Appendix I in its entirety, except for the charts found on codified ordinance pages 360.2 through 360.10, entitled "Permissible Velocities for Selected Channels" and "Calibrated PSRM Peak Flow Values for the Little Lehigh Creek Watershed," which shall not be repealed.
[Ord. 2005-5, 7/14/2005, § 109]
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.
[Ord. 2005-5, 7/14/2005, § 109]
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.