[Ord. 2007-6, 4/11/2007, § 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. 2007-6, 4/11/2007, § 402]
Exemptions from the drainage plan requirements are as specified in §
23-106.
[Ord. 2007-6, 4/11/2007, § 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 features including flood hazard boundaries, 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 Northampton County Soil Survey, as applicable, latest edition.
Any hydric soils present on the site should be identified as such.
(7)
An overlay showing geologic types, boundaries and any special
geologic features present on the site.
(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)
All details and specifications for the construction of the stormwater
management controls and BMPs.
D. The BMP operations and management plan, as required in Part 7, 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 landowner, acknowledging
that the stormwater BMPs are fixtures that cannot be altered or removed
without approval by the Township.
E. An environmental resources site design assessment that describes
the following:
(1)
The extent to which the proposed grading and impervious cover
avoid disturbance of significant environmental resources and preserve
existing site hydrology.
(2)
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.
(3)
A description of how the proposed stormwater management controls
and BMPs serve to mitigate any adverse impacts on environmental resources
on the site.
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Significant environmental resources considered in the site design
assessment include, but are not limited to, steep slopes, ponds, lakes,
streams, wetlands, hydric soils, floodplains, riparian vegetation,
native vegetation and special geologic features.
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[Ord. 2007-6, 4/11/2007, § 404]
1. For regulated activities specified in §
23-105, Subsection
2A and
B:
A. The drainage plan shall be submitted by the developer to the Township
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:
(a)
One copy to the Township Board of Supervisors.
(b)
One copy to the Township Engineer.
(c)
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 (possibly through
the Township) 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 Township Watershed Stormwater Management Plan. The LVPC will
not review details of the erosion and sedimentation plan or the BMP
operations and maintenance plan.
(a)
Two copies of the drainage plan shall be submitted.
(b)
The LVPC will provide written comments to the developer and
the Township, 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 §
23-105, Subsection
2C and
D, the drainage plan shall be submitted by the developer to the Township Building Permit Officer as part of the building permit application.
3. For regulated activities specified in §
23-105, 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),
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. Earth-moving for all regulated activities under §
23-105 shall be conducted in accordance with the current federal and state regulations relative to the NPDES and DEP 25 Pa. Code, Chapter 102, regulations.
[Ord. 2007-6, 4/11/2007, § 405]
1. The Township shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with the adopted Township Watershed Stormwater Management Plan as embodied by this chapter and with any permits issued by DEP. The Township shall also review the drainage plan against any additional storm drainage provisions contained in the Township Subdivision and Land Development [Chapter
22] or Zoning Ordinance [Chapter
27], as applicable.
2. The Township shall notify the applicant in writing whether the drainage
plan, including the BMP operations and maintenance plan, is approved.
3. The Township shall not approve any subdivision or land development (regulated activities §
23-105, Subsection
2A,
B) or building permit application (regulated activities §
23-105, Subsection
2C,
D) if the drainage plan has been found to be inconsistent with the Stormwater Management Plan.
4. The Township may require an "as-built survey" of all stormwater BMPs
and an explanation of any discrepancies with the drainage plan.
[Ord. 2007-6, 4/11/2007, § 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) shall require a resubmission of the modified drainage plan consistent with §
23-404 subject to review per §
23-405 of this chapter.
[Ord. 2007-6, 4/11/2007, § 407]
1. The Township 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 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.
2. The Township 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. 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.
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In granting any waiver, the Township 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.
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3. For regulated activities described in §
23-105, Subsection
2A and
B, the Township Board of Supervisors shall hear requests for and decide on hardship waiver requests on behalf of the Township.
4. For regulated activities in §
23-105, Subsection
2C,
D,
E,
F and
G, the Zoning Hearing Board shall hear requests for and decide on hardship waiver requests on behalf of the Township.
5. The Township shall not waive the water quality provisions of this
chapter.