This chapter shall be known and may be cited as the "Lower Saucon Township Stormwater Management Ordinance."
The Council of Lower Saucon Township, Northampton County, 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 patters, 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 the public health, safety and welfare and the protection of the people of the municipality and all of the people of the commonwealth, their resources and the environment.
C. 
Stormwater can be an important resource by providing groundwater recharge for water supplies and base flow of streams.
D. 
Public education in the control of pollution from stormwater is an essential component in successfully curbing the pollution of the waters of the commonwealth.
E. 
Federal and state regulations require that Lower Saucon Township implement a program of stormwater controls. Pursuant to those regulations, Lower Saucon Township has obtained a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
F. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth.
The purpose of this chapter is to promise the public health, safety and welfare in Lower Saucon Township, Northampton County by minimizing the damages and maximizing the benefits of stormwater management described in § 137-2 of this chapter by provisions designed to:
A. 
Manage stormwater runoff impacts at their source by regulating activities which cause such problems.
B. 
Utilize and preserve the desirable existing natural drainage system.
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 streams and watercourses 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 facilities in the Township.
G. 
Provide review procedures and performance standards for stormwater management facilities planning, design and management.
H. 
Manage stormwater impacts close to the runoff source and maximize the use of natural processes to assist with stormwater management.
I. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code § 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.
K. 
Provide standards to meet the NPDES permit requirements.
Lower Saucon Township is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), known as the "Storm Water Management Act," as amended (32 P.S. § 680.1 et seq.), in addition to the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The requirements of this chapter shall apply to the entire Township. Watershed areas are available for inspection at the Municipal Office. Maps of several watersheds are provided in Appendix B[1] for general reference. These requirements shall only apply to stormwater management facilities constructed as part of any of the activities listed in this section, except for those facilities that are constructed by the Township.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B. 
The following activities are defined as regulated activities and shall be governed by this chapter:
(1) 
Land development.
(2) 
Subdivision.
(3) 
Construction of new or additional semipervious or 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.
A. 
Areas outside the Delaware River (North) Watershed. Any proposed regulated activity that is not within the Delaware River (North) Watershed which would create 10,000 square feet or less of additional semipervious or impervious cover would be exempt from meeting the runoff release rate control provisions of this chapter, except as outlines in § 137-17B. All other requirements of this chapter are still applicable.
B. 
Areas within the Delaware River (North) Watershed. Any proposed regulated activity within the Delaware River (North) Watershed that meets the following criteria is exempt from meeting the runoff release rate control provisions of this chapter, except as outlined in § 137-17B. All other requirements of this chapter are still applicable.
Stormwater Management Exemption Criteria for Delaware River North Watershed
Total Parcel Size
(acres)
Minimum Setback Distance1
(feet)
Semi-Impervious and Impervious Area Exemption
(square feet) Less Than
0 to 0.5
10
1,200
0.51 to 1
50
2,500
1.01 to 2
100
4,000
2.01 to 5
250
5,000
Greater than 5.01
500
7,500
NOTES:
1 The minimum setback distance is measured between the proposed impervious area and/or stormwater control/structure/discharge point to the downslope property boundary. In lieu of meeting the minimum distance criteria, the developer may provide documentation for the Township approval from any professional authorized to perform this work under the Engineer, Land Surveyor, and the Geologist Registration Law, May 23, 1945, P.L. 913 No. 367 (63 P.S. § 148 et seq., P.L. 913, as amended) that the increased flows from the site leaves the site in the same manner as the predevelopment condition, and that there will be no adverse effects to the properties along the path of the flow(s) or that increased flow(s) will reach a natural watercourse or an existing stormwater management structure before adversely affecting any property along the path of the flow(s).
C. 
General conditions of exemptions. For the exemptions outlined in Subsections A and B above, the following general conditions apply:
(1) 
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
(2) 
All semi-impervious and impervious areas indicated in exemption calculations are to be cumulative such that the exemption applies only once to a tract, and if the exemption amount is exceeded, it is not applicable and all previously exempted semi-impervious and impervious areas must be managed. May 20, 1998, which is the date of Township's adoption of Chapter 145, Subdivision and Land Development, Ordinance No. 98-8, also known, now or formerly, as the "Subdivision and Land Development Ordinance of 1998," containing provisions empowered by the Storm Water Management Act, Act 167,[1] shall be the starting date from which to consider tracts as existing conditions. Additional semi-impervious and impervious cover constructed after that date shall be considered new semipervious or new impervious cover for the purposes of this chapter.
[1]
Editor's Note: See 32 P.S. 680.1 et seq.
(3) 
Impervious cover shall include, but not limited to, indoor living spaces, impervious liners, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks. The water surface area of a pool and the area of decks made of noncontinuous material shall not be considered impervious.
(4) 
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 purposes of exemption evaluation. Any semipervious areas existing prior to May 20, 1998, shall be considered previous areas for purposes of exemption evaluation.
(5) 
Any exemption from the runoff release rate requirement of this chapter shall not relieve the developer from implementing such measures as are necessary to protect health, safety, property and state water quality requirement (as hereinafter defined). These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. Further, these exemptions do not relieve the developer from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
(6) 
No exemptions shall be provided for regulated activities as defined in § 137-5B(5) through (7) and G.[2]
[2]
Editor's Note: So in original.
(7) 
No exemptions shall be provided from § 137-23, Additional design requirements.
(8) 
Agricultural activity is exempt from the rate control and drainage plan preparation requirements of this chapter, provided the activities and performed according to the requirements of 25 Pa. Code Chapter 102.
(9) 
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.
(10) 
The Township may deny or revoke any exemption pursuant to this section at any time for any project that Township believes may pose a threat to public health, safety, property or the environment.
D. 
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 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 Subsection C(5), provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code.[3] If significant revisions are made to the drainage plan after both the preliminary plan 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. The project applicant must confirm that all proposed stormwater facilities within the project watershed were constructed or are currently financially secured, and that all design assumptions within the project watershed have been complied with for all development within the watershed.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
Approvals issued pursuant to this chapter do not relieve the developer of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
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.