[Ord. 2014-03, 9/8/2014]
For any of the regulated activities of this chapter, prior to
the preliminary 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. 2014-03, 9/8/2014]
Exemptions from the drainage plan requirements are as specified in § 23-106.
[Ord. 2014-03, 9/8/2014]
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 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 rooftop 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 municipality.
E.
An existing
resources and site analysis plan 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.
(4)
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.
[Ord. 2014-03, 9/8/2014]
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 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 Lower Mount Bethel Township
Act 167 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,[1] as to whether the drainage plan has been found to be consistent
with the stormwater management plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
For regulated activities specified in § 23-105, Subsections 5, 6, and 7:
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 (Floodplain Management) of DEP's Rules and Regulations and
the NPDES regulations.
B.
One copy of the drainage plan shall be submitted.
[Ord. 2014-03, 9/8/2014]
1.
The municipality shall review the drainage plan, including the BMP
operations and maintenance plan, for consistency with the adopted
Lower Mount Bethel Township Act 167 Stormwater Management Plan as
embodied by this chapter 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
drainage plan, including the BMP operations and maintenance plan,
is approved.
4.
The applicant shall provide an "as-built survey" of all stormwater
BMPs. If the "as-built survey" discloses discrepancies with the approved
drainage plan, the applicant shall be required to demonstrate, to
the satisfaction of the municipality, in consultation with the municipality's
engineer, that the minimum requirements of this chapter are met by
the BMPs constructed in violation of the approved drainage plan. If
the applicant is unable to satisfy the municipality, in the municipality's
sole and absolute discretion, that the BMPs actually constructed meet
the minimum requirements of this chapter, the applicant shall remove
the BMPs constructed and shall construct the BMPs consistent with
those shown on the approved drainage plan.
5.
The Township's approval of a drainage plan shall be valid for a period not to exceed two years. If stormwater management facilities included in the approved stormwater management plan have not been constructed, or if an as-built survey of these facilities has not been approved within this two-year time period, then the Township may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township shall be resubmitted in accordance with § 23-406 of this chapter.
[Ord. 2014-03, 9/8/2014]
1.
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 (and fee) consistent with § 23-404 subject to review and approval per § 23-405 of this chapter.
2.
Following approval of the drainage plan, modifications to the approved
drainage plan must be submitted to the Township Engineer for review
and approval. If the modification 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),
the applicant must obtain approval of the modified drainage plan from
the municipality's Board of Supervisors.
[Ord. 2014-03, 9/8/2014]
The municipality 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 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.
1.
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 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; and
E.
That financial hardship is not the criteria for granting of a hardship
waiver.
2.
In granting any waiver, the municipality 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.
[Ord. 2014-03, 9/8/2014]
An occupancy permit shall not be issued unless the stormwater
management facilities approved for the lot have been installed and
found satisfactory to the Township Engineer.
