[Ord. 07-2005-523, 7/28/2005, § 101]
This Part shall be known and may be cited as the "Little Lehigh
Creek Watershed Act 167 Stormwater Management Ordinance."
[Ord. 07-2005-523, 7/28/2005, § 102]
1.
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, and threatens public health and safety.
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.[1]
[1]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
D.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.[2]
[2]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
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).[3]
[3]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
F.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth by the municipality.[4]
[4]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
[Ord. 07-2005-523, 7/28/2005, § 103]
1.
The purpose of this Part is to promote the public health, safety and welfare within the Little Lehigh Creek Watershed by minimizing the damages and maximizing the benefits described in § 26-402 of this Part by provisions designed to:
A.
Manage stormwater runoff impacts at their source by regulating activities
which cause such problems.
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 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.
H.
Manage stormwater impacts close to the runoff source which requires
a minimum of structures and relies on natural processes.[2]
[2]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
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.[3]
[3]
NOTE: Throughout this Part, these provisions are from the
DEP Guidance on MS4 Ordinance Provisions and are not required for
municipalities not subject to the NPDES Phase II regulations.
[Ord. 07-2005-523, 7/28/2005, § 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 (appropriate municipal code).
[Ord. 07-2005-523, 7/28/2005, § 105]
1.
This Part shall only apply to those areas of the municipality which
are located within the Little Lehigh Creek Watershed as delineated
on an official map available for inspection at the Municipal office.
A map of the Little Lehigh Creek Watershed at a reduced scale is included
in Appendix A for general reference.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
2.
The following activities are defined as regulated activities and
shall be governed by this Part:
A.
Land development.
B.
Subdivision.
C.
Construction of new buildings 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.
[Ord. 07-2005-523, 7/28/2005, § 106]
1.
Impervious Cover. Any proposed regulated activity, except those defined in §§ 26-405, Subsections 2E and F, which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this Part. The date of the municipal ordinance adoption of the original Little Lehigh Act 167 Stormwater Management Ordinance (1988) shall be the starting point 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 Part. 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 Part.
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 Part is exempt from the drainage plan preparation provisions of this Part, except as cited in § 26-406, Subsection 3, 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 Part, preparation of a new drainage plan, subject to the provisions of this Part, 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 stormwater 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.
[Ord. 07-2005-523, 7/28/2005, § 109]
Approvals issued pursuant to this Part 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. 07-2005-523, 7/28/2005, § 110]
Notwithstanding any provisions of this Part, 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.
