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:
(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, 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, the First Class Township Code, and the Township of South Whitehall, Chapter
312, Subdivision and Land Development, and Chapter
350, Zoning.
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 for general reference.
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:
(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.
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.