[Ord. 2005-9, 6/2/2005, § 401]
For any of the regulated activities of this Chapter 23A, 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. 2005-9, 6/2/2005, § 403]
1. 
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 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.
(6) 
An overlay showing soil types and boundaries based on the Lehigh or Berks County Soil Survey, as applicable, 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 roof-top 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.
E. 
A plan and narrative showing how stormwater, accumulating on or passing through the tract or tracts upon which regulated activities will be conducted, will be transported or transmitted from the subject tract or tracts to a water course with a generally permanent flow (such as a stream); showing the hydraulic capacities of all facilities located between said tract or tracts and the stream impacted by the stormwater; and identifying limitations upon such facilities which may limit the proper transportation or transmission of such stormwater to the stream.
[Ord. 2005-9, 6/2/2005, § 404; as amended by Ord. 2011-12, 10/6/2011]
1. 
For regulated activities specified in §§ 23A-105, Subsection 2A and B:
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. 
Five copies of the drainage plan shall be submitted.
C. 
Distribution of the drainage plan will be as follows:
(1) 
One copy to the Lower Macungie Township Planning Commission.
(2) 
Two copies to the Township 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.
D. 
Drainage plans involving more than 10,000 square feet of additional impervious cover shall be submitted by the developer 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. The LVPC will not review details of the erosion and sedimentation plan or the BMP operations and maintenance plan.
(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, 53 P.S. § 10101 et seq., as to whether the drainage plan has been found to be consistent with the Stormwater Management Plan.
2. 
For regulated activities specified in §§ 23A-105, Subsection 2C and D, not requiring the approval of the Lower Macungie Township Planning Commission and the Lower Macungie Township Board of Commissioners, two copies of 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 §§ 23A-105, Subsection 2E, F and G:
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 25 Pa.Code, Chapter 105, "Dam Safety and Waterway Management," 25 Pa.Code, Chapter 106, "Flood Plain 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 § 23A-105 shall be conducted in accordance with the current federal and state regulations relative to the NPDES and DEP Chapter 102 regulations.
[Ord. 2005-9, 6/2/2005, § 405]
1. 
The Township Engineer shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with the adopted Little Lehigh Creek Watershed Stormwater Management Plan as embodied by this Chapter 23A 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.
2. 
The municipality shall notify the applicant in writing whether the BMP operations and maintenance plan is approved.
3. 
The municipality shall not approve any subdivision or land development (Regulated Activities § 23A-105.2.A and 23A-105.2.B) or building permit application (Regulated Activities § 23A-105, Subsection 2C and D) if the drainage plan has been found to be inconsistent with the Stormwater Management Plan.
4. 
The municipality may require an "as-built survey" of all stormwater BMPs and an explanation of any discrepancies with the drainage plan.
[Ord. 2005-9, 6/2/2005, § 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 Township Engineer) shall require a resubmission of the modified drainage plan consistent with § 23A-404 subject to review per § 23A-405 of this Chapter 23A.
[Ord. 2005-9, 6/2/2005, § 407; as amended by Ord. 2011-12, 10/6/2011]
1. 
The municipality may hear requests for waivers where it is alleged that the provisions of this Chapter 23A 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, Township Engineer, Township 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 23A 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 23A, including the "no harm" provisions, and that the authorization of a waiver is therefore necessary to enable the reasonable use of the property.
C. 
That such unnecessary hardship has not been created by the applicant.
D. 
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.
E. 
That financial hardship is not the criteria for granting of a hardship waiver.
In granting any waiver, the municipality may attach such conditions and safeguards as it may deem necessary to implement the purposes of this Chapter 23A. 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.
3. 
For regulated activities described in § 23A-105, Subsection 2A and B, the Lower Macungie Township Board of Commissioners shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
4. 
For regulated activities in § 23A-105, Subsection 2C, D, E, and F, the Lower Macungie Township Board of Commissioners shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
[Amended by Ord. No. 2022-04, 10/6/2022]
5. 
The municipality shall not waive the water quality provisions of this Chapter 23A.
6. 
No waiver or modification of any regulated stormwater activity involving earth disturbance equal to or greater than one acre may be granted by the Township unless that action is approved in advance, in writing, by DEP or the conservation district.
[Added by Ord. No. 2022-04, 10/6/2022]
[Added by Ord. No. 2022-04, 10/6/2022]
The Township's approval of a stormwater management plan authorizes the regulated activities contained in the stormwater management plan for a maximum term of validity of five years from the date of approval. The Township may specify a term of validity shorter than five years in the approval of any specific stormwater management plan. Terms of the validity shall commence on the date the Township signs the approval for a stormwater management plan. If an approved stormwater management plan is not completed according to § 23A-410 within the term of validity, the Township make consider the stormwater management plan void. Stormwater management plans that are considered void or which are disapproved by the Township shall be resubmitted in accordance with § 23A-408 of this Chapter.
[Added by Ord. No. 2022-04, 10/6/2022]
1. 
The developer shall be responsible for providing certified, reproducible as-built plans of all stormwater management BMPs included in the approved stormwater management plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Township. The as-built submission shall include a certification of completion signed by qualified professional verifying that all pertinent stormwater management BMPs have been constructed according to the approved plans and specifications.
2. 
Developer also shall provide a full plan set in PDF format as well as geographically referenced ACAD drawings or Esri shapefiles of the full design, spatially referenced in the State Plane PA South coordinate system. (ACAD drawings prepared in ACAD's proprietary XY coordinate system will not be accepted.) These files shall be provided upon submission of as-built plans for review and approval prior to acceptance of the improvements as constructed and closeout of the project.
3. 
After receipt of the completion certification by the Township, the Township may conduct a final inspection.