A.
For any of the regulated activities of this chapter, prior to the
final 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 Township approval of the
plan.
B.
The plan shall be prepared by an engineer registered in the Commonwealth
of Pennsylvania, except such plan may be prepared by a surveyor registered
in the Commonwealth of Pennsylvania (if permitted by law).
Exemptions from the drainage plan requirements are as specified in § 137-6.
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, vernal ponds, sinkholes, rock
outcrops, cliffs 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, 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 area around all stormwater BMPs that would
provide equipment 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 locations of all public water supply wells within 400 feet
of the project and all private water supply wells within 100 feet
of the project.
(16)
Fencing (if required) and landscaping screens.
(17)
Existing and proposed on-lot sewage disposal facilities and
backup areas to be preserved for replacement on-lot sewage disposal
facilities (if applicable).
(19)
A listing of impervious cover allowed for each lot based on
zoning and the cover assumptions in the storm water management calculations.
C.
Stormwater management controls and BMPs.
(1)
All stormwater management controls and BMPs shall be shown on a map
and described, including:
(2)
All calculations, assumptions and criteria used in the design of
the stormwater management facilities and 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 control and BMPs.
(5)
Staging or implementation schedule for constructing the proposed
stormwater control system.
D.
The BMP operations and management plan, as required in Article VII, 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 owner, acknowledging that the stormwater BMPs are fixtures that cannot be altered or removed without approval by the Township.
E.
For the subdivision and land development maintenance program, a separate
document outlining the maintenance program for all stormwater management
control facilities must be included. This program must include the
proposed ownership of the control facilities, the maintenance requirements
for the facilities and the financial responsibilities for the required
maintenance. Prior to final plan approval and recording, the owner's
responsibility for facility ownership, maintenance, repair and replacement
described in this plan or program shall be described in a legal agreement
between the owner and the Township. Such legal agreement shall be
prepared to the satisfaction of the Township Solicitor. Such agreement
shall be binding on the owner and future owners and shall be recorded
so as to become a covenant running with the land.
F.
Environmental resources site design assessment.
(1)
An environmental resources site design assessment that describes
the following:
(a)
The extent to which the proposed grading and impervious cover
avoid disturbance of significant environmental resources and preserve
existing site hydrology.
(b)
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.
(c)
A description of how the proposed stormwater management controls
and BMPs serve to mitigate any adverse impacts on environmental resources
on the site.
(2)
Significant environmental resources considered in the site design
assessment include, but are not limited to, steep slopes, ponds, lakes,
streams, wetlands, vernal ponds, hydric soils, floodplains, riparian
vegetation, native vegetation and special geologic features.
A.
(1)
The drainage plan shall be submitted by the developer to the Township
Secretary-Treasurer as part of the preliminary plan application (or
final plan application or earth-moving permit application if no preliminary
plan submission is made) submission for the subdivision or land development.
(2)
Seven copies of the drainage plan and supporting documents shall
be submitted. All copies shall be signed and sealed by the registered
engineer and/or surveyor that prepared the plan and calculations.
(3)
Distribution of the drainage plan will be as per the requirements of Chapter 145, Subdivision and Land Development.
(4)
Drainage plans involving more than 10,000 square feet of additional
impervious cover shall be submitted by the developer to the Township
and to the LVPC as part of the Preliminary Plan submission. The LVPC
will conduct an advisory review of the drainage plan for consistency
with the model watershed stormwater management plan. The LVPC will
not review details of the erosion and sedimentation plan or the BMP
operations and maintenance plan;
(a)
Two copies of the drainage plan shall be submitted; and
(b)
The LVPC will provide written comments to the developer and
the Township, 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.
C.
(1)
The drainage plan shall be submitted by the developer to the Lehigh Valley Planning Commission for coordination with the DEP permit application process, as needed, under Chapter 105 (Dam Safety and Waterway Management) and Chapter 106 (Flood Plain Management) of DEP's Rules and Regulations[3] and the NPDES regulations; and
[3]
Editor's Note: See 25 Pa. Code Chs. 105 and 106, respectively.
(2)
One copy of the Drainage Plan shall be submitted.
[2]
Editor's Note: So in original.
A.
The Township Engineer shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with this chapter, any permits issued by DEP, and any additional provisions in Chapter 145, Subdivision and Land Development, as applicable.
B.
The Lehigh Valley Planning Commission shall provide an advisory review
of the drainage plan for consistency with the Lehigh Valley Planning
Commission Model Stormwater Management Plans.
C.
For regulated activities specified in this chapter, the Lehigh Valley
Planning Commission shall provide written comments to the Township,
within a time frame consistent with established procedures under the
Municipalities Planning Code, as amended,[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.
D.
For DEP-regulated activities, the Lehigh Valley Planning Commission
shall notify the DEP whether the drainage plan is consistent with
the stormwater management plan and forward a copy of the review letter
to the Township and developer.
E.
The Township shall not approve any subdivision or land development
or building permit application if the drainage plan has been found
to be inconsistent with the stormwater management plan as determined
by the Township Engineer.
F.
The Township shall require an as-built survey of all stormwater BMPs
and an explanation of any discrepancies with the drainage plan prior
to issuance of a certificate of occupancy or prior to release of developer
improvement security, if applicable.
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 Township Engineer) shall
require a resubmission of the modified drainage plan consistent with
and subject to review per the provisions of this chapter.
A.
The Township Council may hear requests for waivers where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the owner. For all regulated activities, the Council of Lower Saucon
shall hear requests for and decide on hardship waiver requests on
behalf of the Township. The waiver request shall be in writing and
accompanied by the requisite fee based upon a fee schedule adopted
by the Township. A copy of the waiver request shall be provided to
each of the following: Township, Township Engineer and Township Solicitor.
The request shall fully document the nature of the alleged hardship
and address, at a minimum, the requirements listed below:
(1)
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;
(2)
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;
(3)
That such unnecessary hardship has not been created by the owner;
(4)
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
(5)
That financial hardship is not the criteria for granting of a hardship
waiver.
B.
In granting any waiver, the Township Council may attach such conditions
and safeguards as it may deem necessary to implement the purposes
of Act 167 and this chapter. If a hardship waiver is granted, the
owner must still manage the quantity, rate, velocity, direction and
quality of resulting storm runoff as is necessary to prevent injury
to health, safety or other property.
C.
No waivers may be granted by Council for any provisions of this chapter
which may be covered under any required NPDES permit without prior
approval from DEP.
