[Ord. 07-2005-523, 7/28/2005, § 401]
For any of the regulated activities of this Part, 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. 07-2005-523, 7/28/2005, § 402]
Exemptions from the drainage plan requirements are as specified in § 26-406.
[Ord. 07-2005-523, 7/28/2005, § 403]
1.
The following items shall be included in 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.
[Ord. 07-2005-523, 7/28/2005, § 404]
1.
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.
D.
Drainage plans involving more than 10,000 square feet of additional
impervious cover 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.
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, as to whether the
drainage plan has been found to be consistent with the Stormwater
Management Plan.
3.
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 (Flood Plain Management) of DEP's Rules and Regulations and the
NPDES regulations.
B.
One copy of the drainage plan shall be submitted.
[Ord. 07-2005-523, 7/28/2005, § 405]
1.
The municipality 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 Part 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, § 26-405, Subsections 2A and B] or building permit application [regulated activities, § 26-405, Subsections 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. 07-2005-523, 7/28/2005, § 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 § 26-434 subject to review per § 26-435 of this Part.
[Ord. 07-2005-523, 7/28/2005, § 407]
1.
The municipality may hear requests for waivers where it is alleged
that the provisions of this Part 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 Part 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 Part, 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; and
E.
That financial hardship is not the criteria for granting of a hardship
waiver.
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In granting any waiver, the municipality may attach such conditions
and safeguards as it may deem necessary to implement the purposes
of this Part. 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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5.
The municipality shall not waive the water quality provisions of
this Part.
