[Ord. 124, 4/18/2007, § 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. 124, 4/18/2007, § 402]
Exemptions from the drainage plan requirements are as specified in § 23A-106.
[Ord. 124, 4/18/2007, § 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 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 Township 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, semi-pervious
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. 124, 4/18/2007, § 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 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 Bushkill 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 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.
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 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.
[Ord. 124, 4/18/2007, § 405]
1.
The Township shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with the adopted Bushkill Creek Watershed Stormwater Management Plan as embodied by this Chapter 23A 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 hi writing whether the drainage
plan, including the BMP operations and maintenance plan, is approved.
4.
The Township may require an "as-built survey" of all stormwater BMPs
and an explanation of any discrepancies with the drainage plan.
[Ord. 124, 4/18/2007, § 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 § 23A-404 subject to review per § 23A-405 of this Chapter 23A.
[Ord. 124, 4/18/2007, § 407]
1.
The Township 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 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. The Township may grant a waiver provided that all of the following findings are made in a given case:
A.
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.
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.
Such unnecessary hardship has not been created by the applicant.
D.
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.
Financial hardship is not the criteria for granting of a hardship
waiver.
2.
In granting any waiver, the Township 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.
