This chapter shall be known and may be cited as the "South Whitehall Township Stormwater Management Plan for portions of the Little Lehigh Creek Watershed, Coplay Creek Watershed and Jordan Creek Watershed located within South Whitehall Township."
The South Whitehall Township Commissioners find that:
A. 
Inadequate management of accelerated runoff of stormwater resulting from development throughout the watersheds of the Township increases runoff volumes, 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, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management (SWM), including reasonable regulation of development and activities causing accelerated runoff and erosion and loss of natural infiltration, is fundamental to the public health, safety and welfare and the protection of the people of the Township and all the people of the commonwealth, their resources, and the environment.
C. 
Stormwater is an important resource that provides groundwater recharge for water supplies and supports the baseflow of streams, which also protects and maintains surface water quality.
D. 
Green infrastructure.
(1) 
The use of green infrastructure and low-impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to:
(a) 
Infiltrate and recharge;
(b) 
Evapotranspire; and/or
(c) 
Harvest and use precipitation near where it falls to Earth.
(2) 
Green infrastructure practices and LID contribute to the restoration or maintenance of pre-development hydrology.
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) program.
F. 
Non stormwater discharges to Township separate storm water systems can contribute to pollution of waters of the commonwealth by the Township.
G. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
The purpose of this chapter is to promote public health, safety and welfare within the Township and the Little Lehigh Creek, Coplay Creek and Jordan Creek Watersheds by minimizing the harms and maximizing the benefits described in § 296-2A above, through provisions designed to:
A. 
Meet legal water quality requirements under state law, including regulations of 25 Pa. Code Chapter 93 to protect and maintain "existing uses" and the level of water quality to support those uses in all streams, to protect and maintain water quality in "special protection" streams, to reclaim, and restore the existing and designated uses of the waters of this commonwealth.
B. 
Manage stormwater runoff impacts at their source by regulating activities which cause such problems.
C. 
Utilize and preserve the desirable existing natural drainage systems.
D. 
Encourage infiltration of stormwater, where appropriate, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
E. 
Maintain the existing flows and quality of streams and water courses in the Township and the commonwealth.
F. 
Preserve and restore the flood-carrying capacity of streams.
G. 
Provide for proper maintenance of all permanent stormwater management BMPs that are implemented in the Township.
H. 
Provide review procedures and performance standards for stormwater planning, design, and management.
I. 
Manage stormwater impacts close to the runoff source which requires a minimum of structures and relies on natural processes.
J. 
Prevent scour and erosion of streambanks and streambeds.
K. 
Provide standards to meet the NPDES permit requirements.
L. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
The Township of South Whitehall is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1068, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code as amended,[1] and/or the Act of October 4,1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Stormwater Management Act,[2] the First Class Township Code, and the Township of South Whitehall, Chapter 312, Subdivision and Land Development, and Chapter 350, Zoning.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
All regulated activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter. Regulated activities include:
A. 
Although generally applicable to all drainage areas in the Township, the provisions of this chapter, which make specific reference to the Little Lehigh Creek, Coplay Creek and Jordan Creek Watersheds or to the release rate maps contained in the plan, shall only apply to those areas of the Township which are located within the Little Lehigh Creek, Coplay Creek and Jordan Creek drainage basins as delineated on an official map available for inspection at the Township office. Maps of the Little Lehigh Creek, Coplay Creek and Jordan Creek Watersheds at a reduced scale are included in Appendix A of this chapter[1] for general reference.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
This chapter shall only apply to permanent stormwater management facilities constructed as part of any of the activities listed in this section. Stormwater management and erosion and sedimentation control during construction involved with any of these activities are specifically not regulated by this chapter but shall continue to be regulated under existing laws and ordinances.
C. 
This chapter contains only those stormwater runoff control criteria and standards which are necessary or desirable from a total watershed perspective. Additional stormwater management design criteria (i.e., inlet spacing, inlet type, collection system details, etc.), which represent sound engineering practice, may be regulated either by separate stormwater ordinance provisions or as part of the general responsibilities of the Township Engineer.
D. 
The following activities are defined as regulated activities and shall be regulated by this chapter, except those which meet the waiver specifications presented thereafter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(4) 
Construction of new buildings or additions to existing buildings.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installation of stormwater systems or appurtenances thereto.
(7) 
Regulated earth disturbance activities.
(8) 
Other than what is included in § 296-5D(1) through D(7), any earth disturbance activities or any activities that include the alteration or development of land in a manner that may affect stormwater runoff onto adjacent property.
E. 
Any proposed regulated activity, except those defined in Subsection D (5) and (6), above, which would create 10,000 square feet or less of additional impervious cover would be exempt from meeting the provisions of this chapter. Development plans qualifying for this waiver would still be required to manage the quantity, velocity and direction of resulting storm runoff as is reasonably necessary to prevent injury to health, safety or other property.
F. 
For development taking place in stages, the entire development plan must be used in determining conformance with this criteria.
G. 
Additional impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any areas which may be designed to initially be semipervious (e.g., gravel, crushed stone, porous pavement, etc.) shall be considered impervious areas for the purpose of the waiver provisions of § 296-20, hereof.
H. 
The hardship waiver provisions found in § 296-25 shall not be available for regulated activities as defined in Subsection D (5) and (6), above.
Approvals issued and actions taken under 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, law, regulation, chapter or ordinance.
Any permit or authorization issued or approved based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Township purporting to validate such a violation.
A. 
If the Township determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 296-8, Subsections B and C.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the Township if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the chapter is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the chapter. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the chapter involved and the proposed modification.
C. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.
Notwithstanding any provisions of this chapter, including 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 and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.