[Ord. 2005-5, 7/14/2005, § 401]
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 municipal approval of the
plan.
[Ord. 2005-5, 7/14/2005, § 402]
Exemptions from the drainage plan requirements are as specified in §
17-106.
[Ord. 2005-5, 7/14/2005, § 403]
The following items shall be included in the drainage plan:
A. General.
(1)
General description of project.
(2)
General description of proposed permanent stormwater controls.
(3)
The name and address of the project site, the name and address
of the owner of the property and the name of the individual or firm
preparing the drainage plan.
B. Map(s) of the Project Area, Showing:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
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.
(3)
Streams, lakes, ponds or other bodies of water within the project
area.
(4)
Other physical features, including existing drainage swales,
wetlands, closed depressions, sinkholes and areas of natural vegetation,
to be preserved.
(5)
Locations of proposed underground utilities, sewers and waterlines.
The locations of all existing and proposed utilities, sanitary sewers
and waterlines within 50 feet of property lines of the project site.
(6)
An overlay showing soil types and boundaries based on the Lehigh
County Soil Survey, latest edition.
(7)
An overlay showing geologic types and boundaries.
(8)
Proposed changes to land surface and vegetative cover.
(9)
Proposed structures, roads, paved areas and buildings.
(10)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
(11)
Stormwater management district boundaries applicable to the
site.
(12)
Clear identification of the location and nature of permanent
stormwater BMPs.
(13)
An adequate access easement around all stormwater BMPs that
would provide municipal ingress to and egress from a public right-of-way.
(14)
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.
(15)
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.
C. Stormwater Management Controls and BMPs.
(1)
All stormwater management controls and BMPs shall be shown on
a map and described, including:
(a)
Groundwater recharge methods such as seepage pits, beds or trenches.
When these structures are used, the locations of septic tank infiltration
areas and wells shall be shown.
(b)
Other control devices or methods such as rooftop storage, semipervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, storm sewers, etc.
(2)
All calculations, assumptions and criteria used in the design
of the BMPs shall be shown.
(3)
All site testing data used to determine the feasibility of infiltration
on a site.
(4)
A statement, signed by the landowner, acknowledging that the
stormwater BMPs are fixtures that cannot be altered or removed without
approval by the municipality.
D. A description of how each permanent stormwater BMP will be operated
and maintained and the identity of the person(s) responsible for operations
and maintenance.
[Ord. 2005-5, 7/14/2005, § 404]
1. For regulated activities specified in Subsections
2A and B of §
17-105:
A. The drainage plan shall be submitted by the developer to the municipal
Secretary (or other appropriate person) as part of the preliminary
plan submission for the subdivision or land development.
B. Four copies of the drainage plan shall be submitted.
C. Distribution of the drainage plan will be as follows:
(1)
One copy to the municipal governing body.
(2)
One copy to the municipal Engineer.
(3)
Two copies to the Lehigh Valley Planning Commission, except
for drainage plans involving less than 10,000 square feet of additional
impervious cover and less than one acre in cumulative earth disturbances.
[Amended by Ord. No. 2020-02, 1/6/2020]
D. Drainage plans involving more than 10,000 square feet of additional
impervious cover and one acre or more of cumulative earth disturbances
shall be submitted by the developer (possibly through the municipality)
to the Lehigh Valley Planning Commission as part of the preliminary
plan submission. The Lehigh Valley Planning Commission will conduct
an advisory review of the drainage plan for consistency with the Little
Lehigh Creek Watershed Stormwater Management Plan and Jordan Creek
Watershed Stormwater Management Plan. The LVPC will not review details
of the erosion and sedimentation plan or the BMP operations and maintenance
plan.
[Amended by Ord. No. 2020-02, 1/6/2020]
(1)
Two copies of the drainage plan shall be submitted.
(2)
The LVPC will provide written comments to the developer and
the municipality, within a time frame consistent with established
procedures under the Municipalities Planning Code, as to whether the
drainage plan has been found to be consistent with the stormwater
management plan.
2. For regulated activities specified in Subsections
2C and D of §
17-105, the drainage plan shall be submitted by the developer to the municipal Building Permit Officer as part of the building permit application.
3. For regulated activities specified in Subsection
2E, F and G of §
17-105:
[Amended by Ord. No. 2020-02, 1/6/2020]
A. The drainage plan shall be submitted by the developer to the Lehigh
Valley Planning Commission for coordination with the DEP permit application
process under Chapter 105 (Dam Safety and Waterway Management), Chapter
106 (Floodplain Management) of DEP's Rules and Regulations and
the NPDES regulations.
B. One copy of the drainage plan shall be submitted.
4. Earthmoving for all regulated activities under §
17-105 shall be conducted in accordance with the current federal and state regulations relative to the NPDES and DEP Chapter 102 regulations.
[Ord. 2005-5, 7/14/2005, § 405]
1. The Municipality shall review the drainage plan, including the BMP
operations and maintenance plan, for consistency with the provisions
of this chapter and with any permits issued by DEP. The Municipality
shall also review the drainage plan against any additional storm drainage
provisions contained in the municipal Subdivision and Land Development
or Zoning Ordinance, as applicable.
[Amended by Ord. No. 2020-02, 1/6/2020]
2. The Municipality shall notify the applicant in writing within 45
days whether the SWM Site Plan is approved or disapproved. If the
SWM Site Plan involves a subdivision and land development plan, the
notification shall occur within the time period allowed by the Municipalities
Planning Code (90 days). If a longer notification period is provided
by other statute, regulation, or ordinance, the applicant will be
so notified by the Municipality.
[Amended by Ord. No. 2020-02, 1/6/2020]
3. The Municipality shall not approve any subdivision or land development (regulated activities Subsections
2A and B of §
17-105) or building permit application (regulated activities Subsections
2C and D of §
17-105) if the drainage plan has been found to be inconsistent with the stormwater management plan.
4. For any SWM Site Plan that proposes to use any BMPs other than green
infrastructure and LID practices to achieve the volume and rate controls
required under this chapter, the Municipality will not approve the
SWM Site Plan unless it determines that green infrastructure and LID
practices are not practicable.
[Amended by Ord. No. 2020-02, 1/6/2020]
5. If the
Municipality disapproves the SWM Site Plan, the Municipality will
state the reasons for the disapproval in writing. The Municipality
also may approve the SWM Site Plan with conditions and, if so, shall
provide the acceptable conditions for approval in writing.
[Added by Ord. No. 2020-02, 1/6/2020]
[Ord. 2005-5, 7/14/2005, § 406]
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 municipality) shall require a resubmission of the modified drainage plan consistent with §
17-404, subject to review per §
17-405 of this Chapter.
[Ord. 2005-5, 7/14/2005, § 407]
1. The municipality may hear requests for waivers where it is alleged
that the provisions of this Chapter inflict unnecessary hardship upon
the applicant. The waiver request shall be in writing and accompanied
by the requisite fee based upon a fee schedule adopted by the municipality.
A copy of the waiver request shall be provided to each of the following:
municipality, municipal Engineer, municipal Solicitor and Lehigh Valley
Planning Commission. The request shall fully document the nature of
the alleged hardship.
2. The municipality may grant a waiver, provided that all of the following
findings are made in a given case:
A. 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;
B. 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;
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
municipality unless that action is approved in advance by the Department
of Environment Protection (DEP) or the delegated county conservation
district.
[Added by Ord. No. 2020-02, 1/6/2020]
D. That such unnecessary hardship has not been created by the applicant;
E. 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
F. That financial hardship is not the criteria for granting of a hardship
waiver.
3. In granting any waiver, the municipality may attach such conditions
and safeguards as it may deem necessary to implement the purposes
of this Chapter. If a hardship waiver is granted, the applicant must
still manage the quantity, velocity, direction and quality of resulting
storm runoff as is necessary to prevent injury to health, safety or
other property.
A. For regulated activities described in Subsections
2A and B of §
17-105, the Board of Supervisors shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
B. For regulated activities in Subsections
2C, D, E and F of §
17-105, the Zoning Hearing Board shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
C. The municipality shall not waive the water quality provisions of
this Chapter.
[Added by Ord. No. 2020-02, 1/6/2020]
A modification to a submitted SWM Site Plan that involves a
change in SWM BMPs or techniques, or that involves the relocation
or redesign of SWM BMPs, or that is necessary because soil or other
conditions are not as stated on the SWM Site Plan as determined by
the municipality shall require a resubmission of the modified SWM
Site Plan in accordance with this article.
[Added by Ord. No. 2020-02, 1/6/2020]
The municipality's approval of an SWM Site Plan authorizes the regulated activities contained in the SWM Site Plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific SWM Site Plan. Terms of validity shall commence on the date the municipality signs the approval for an SWM Site Plan. If an approved SWM Site Plan is not completed according to §
17-407 within the term of validity, then the municipality may consider the SWM Site Plan disapproved and may revoke any and all permits. SWM Site Plans that are considered disapproved by the municipality shall be resubmitted in accordance with §
17-405 of this chapter
[Added by Ord. No. 2020-02, 1/6/2020]
1. The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM Site Plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the municipality.
2. The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent SWM BMPs
must also be submitted at the central location of the BMPs. If any
licensed qualified professionals contributed to the construction plans,
then a licensed qualified professional must sign the completion certificate.
3. After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection.