The chapter shall be known and may be cited as the "Monocacy
Creek Watershed Act 167 Stormwater Management Ordinance."
The Board of Commissioners of Bethlehem Township, Northampton
County, Pennsylvania ("Township"), 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 public health,
safety, and welfare and the protection of the people of the Township
and all of the people of the Commonwealth of Pennsylvania ("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;
D.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater;
E.
Federal and state regulations require certain municipalities to implement
a program for 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"); and
F.
Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of the waters of the commonwealth.
The purpose of this chapter is to promote the public health, safety and welfare within the Monocacy Creek Watershed (as hereinafter defined) by minimizing the damages and maximizing the benefits described in § 219-2 of this chapter by provisions designed to:
A.
Manage stormwater runoff impacts at their source by regulating activities
which cause stormwater 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 waterways and wetlands
in the Township 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 Township;
G.
Provide review procedures and performance standards for stormwater
planning, design, and management;
H.
Manage stormwater impacts close to the runoff source which requires
a minimum of structures and relies on natural processes;
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;
J.
Prevent scour and erosion of stream banks and streambeds; and
K.
Provide standards to meet the NPDES permit requirements.
The Township 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,
Act 247, the Pennsylvania Municipalities Planning Code of July 31,
1968, P.L. 805; 53 P.S. § 10101, as reenacted and amended,
and the First Class Township Code,[1] Section 2704 et seq.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
This chapter shall only apply to those areas of the Township
which are located within the Monocacy Creek Watershed as delineated
on an official map available for inspection at the Township Municipal
Building at 4225 Easton Avenue, Bethlehem, Pennsylvania 18020. A map
of the Monocacy Creek Watershed at a reduced scale is included in
Appendix A[1] for general reference (the "Monocacy Creek Watershed").
All activities that may affect stormwater runoff, including land development
and earth disturbance activity, are subject to regulation by this
chapter. Regulated activities include:
A.
Land development;
B.
Subdivision;
C.
Construction of new 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 or channel;
F.
Installation of stormwater systems or appurtenances thereto;
G.
Regulated earth disturbance activities; and
[1]
Editor's Note: Appendix A is on file in the Township
offices.
A.
Impervious cover.
(1)
Any proposed regulated activity, except those defined in § 219-5E through H of this chapter, which would create 5,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 5,000 square feet, and the currently proposed impervious cover is at least 1,000 square feet, a drainage plan shall be required for the new proposal.
(a)
The date of the Township ordinance adoption of the original
Monocacy Creek Act 167 Stormwater Management Ordinance, March 1989,
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;
(b)
For development taking place in stages, the entire development
plan must be used in determining conformance with these criteria of
this section of the chapter;
(c)
For a parent tract with a prior exemption, the current drainage
plan shall control the runoff from only the impervious cover currently
proposed, unless the proposed impervious cover is on a building lot
from a previous exemption; in such case, all impervious cover proposed
on that building lot since this chapter adoption shall meet these
chapter provisions;
(d)
Additional impervious cover shall include, but not be limited
to, additional indoor living spaces, decks, patios, garages, driveways,
storage sheds and similar structures, and roof, parking or driveway
areas, and any new streets and sidewalks constructed as part of or
for the proposed regulated activity; and
(e)
Any additional areas proposed initially to be gravel, crushed
stone, porous pavement, etc., shall be assumed to be impervious for
the purposes of comparison to the exemption criteria of this chapter.
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 of this chapter.
(2)
If a drainage plan is required, the pre- and postdevelopment calculations
should be based on actual cover conditions regardless of any assumptions
made for purposes of exemption evaluation of this chapter.
B.
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 (the "approval") from the Township prior to the effective date of this chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in § 219-6D of this chapter, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with the chapter provisions in effect at the time of the approval, and the approval has not lapsed under the Municipalities Planning Code.[1] If significant revisions are made to the drainage plan
after both the approval and the effective date of this chapter, preparation
of a new drainage plan, subject to the provisions of this chapter,
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;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Activities associated with § 219-5H of this chapter shall be exempt from the drainage plan preparation requirements of this chapter unless the Township determines that the activity could create a new or relocated concentrated drainage discharge. Agricultural activity as may be covered by Section § 219-5H of this chapter is exempt from the drainage plan provisions of this chapter;
D.
These exemptions shall not relieve the applicant from implementing
such measures as are necessary to protect health, safety and property,
and to meet 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 permits or approvals for activities regulated by any other
applicable code, rule, act, or ordinance of the Township;
F.
Agricultural activity is exempt from the rate control and drainage
plan preparation requirements of this chapter provided the activities
are performed according to the requirements of 25 Pa. Code Chapter
102;
G.
Timber harvesting activities are exempt from the rate control and
drainage plan preparation requirements of this chapter provided the
activities are performed according to the requirements of 25 Pa. Code
Chapter 102; and
H.
The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township believes may pose a
threat to public health, safety, property or the environment.
Any ordinance of the Township inconsistent with any of the provisions
of this chapter is hereby repealed to the extent of the inconsistency
only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued pursuant to this chapter 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 of the Township.
Notwithstanding any provisions of this chapter, 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.
