[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord.
No. 2022-03, 10/25/2022]
For any of the regulated activities of this Part 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.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord.
No. 2022-03, 10/25/2022]
Exemptions from the drainage plan requirements are as specified in §
8-204.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2005-06, 3/22/2005; by Ord.
2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
The following items shall be included in the drainage plan:
1. General.
A. General description of project.
B. General description of proposed permanent stormwater controls.
2. Map(s) of the project area showing:
A. The location of the project relative to highways, municipalities
or other identifiable landmarks.
B. 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.
C. Streams, lakes, ponds or other bodies of water within the project
area.
D. Other physical features, including existing drainage swales, wetlands,
closed depressions, sinkholes, and areas of natural vegetation to
be preserved.
E. Locations of proposed underground utilities, sewers and water lines.
F. An overlay showing soil types and boundaries based on the Northampton
County Soil Survey latest edition.
G. Proposed changes to land surface and vegetative cover.
H. Proposed structures, roads, paved areas and buildings.
I. Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
J. Fencing (if required) and landscaping screens.
K. Stormwater management district boundaries applicable to the site.
L. An overlay showing geologic types and boundaries.
M. Clear identification of the location and nature of permanent stormwater
BMPs.
N. An adequate access easement around all stormwater BMPs that would
provide municipal ingress to and egress from a public right-of-way.
O. 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.
P. The location of all public water supply wells within 400 feet of
the project and all private water supply wells within 100 feet of
the project.
3. Stormwater Management Controls.
A. All stormwater management controls must be shown on a map and described,
including:
(1)
Groundwater recharge methods such as seepage pits, beds or trenches.
When these structures are used, the locations of septic tank infiltration
areas and wells must be shown.
(2)
Other control devices or methods such as rooftop storage, semipervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, storm sewers, etc.
B. All calculations, assumptions and criteria used in the design of
the control device or method must be shown.
C. All site testing data used to determine the feasibility of infiltration
on a site.
D. A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that cannot be altered or removed without approval
by the Township.
4. Maintenance Program. A 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.
5. Environmental Resources Site Design Assessment.
A. An environmental resources site design assessment that describes
the following:
(1)
The extent to which the proposed grading and impervious cover
avoid disturbance of significant environmental resources and preserve
existing site hydrology.
(2)
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.
(3)
A description of how the proposed stormwater management controls
and BMPs serve to mitigate any adverse impacts on environmental resources
on the site.
B. Significant environmental resources considered in the site design
assessment include, but are not limited to, steep slopes, ponds, lakes,
streams, wetlands, hydric soils, floodplains, riparian vegetation,
native vegetation, and special geologic features.
6. The SWM site plan shall provide the following information:
A. The overall stormwater management concept for the project.
B. A determination of site conditions in accordance with the BMP Manual.
A detailed site evaluation shall be completed for projects proposed
in areas of carbonate geology or karst topography, and other environmentally
sensitive areas, such as brownfields.
C. Stormwater runoff design computations and documentation as specified in this Part, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this Part, including the recommendations and general requirements in §
8-221.
D. Expected project time schedule.
E. A soil erosion and sediment control plan, where applicable, as prepared
for and submitted to the approval authority.
F. The effect of the project (in terms of runoff volumes, water quality,
and peak flows) on surrounding properties and aquatic features and
on any existing stormwater conveyance system that may be affected
by the project.
G. Plan and profile drawings of all SWM BMPs, including drainage structures,
pipes, open channels, and swales.
H. SWM site plan shall show the locations of existing and proposed on-lot
wastewater facilities and water supply wells.
I. The SWM site plan shall include an O&M plan for all existing
and proposed physical stormwater management facilities. This plan
shall address long-term ownership and responsibilities for O&M
as well as schedules and costs for O&M activities.
J. A justification must be included in the SWM site plan if BMPs other
than green infrastructure methods and LID practices are proposed to
achieve the volume, rate and water quality controls under this Part.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-04, 11/8/2007; and by Ord.
No. 2022-03, 10/25/2022]
1. For regulated activities specified in §
8-203, Subsection
2A and
B, and:
A. The drainage plan shall be submitted by the developer to the Township
Secretary as part of the preliminary plan (or final plan if no preliminary
submission is made) submission for the subdivision or land development.
B. Seven copies of the drainage plan and supporting documents shall
be submitted.
C. Distribution of the drainage plan will be as per the requirements of the Township Subdivision and Land Development Ordinance (Chapter
22).
2. For regulated activities specified in §
8-203, Subsection
2C and
D, the drainage plan shall be submitted by the developer to the Township Building Permit Officer as part of the building permit application or to the Township Secretary as part of any site plan that may be required by the Township Zoning Ordinance (Chapter
27).
3. For regulated activities specified in §
8-203, Subsection
2E and
F, and not requiring site plan or building permit application submission:
A. The drainage plan shall be submitted by the developer to the Lehigh
Valley Planning Commission for coordination with the DEP permit application
process under Chapter 105 (Dam Safety and Waterway Management) or
Chapter 106 (Floodplain Management) of DEP's Rules and Regulations.
B. One copy of the drainage plan shall be submitted.
4. For all regulated activities under §
8-203 that propose to disturb more than five acres of land, an NPDES permit application for discharge of stormwater associated with construction activity shall be submitted to the Northampton County Conservation District.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2022-03, 10/25/2022]
1. The Township Engineer shall review the drainage plan for consistency with the adopted stormwater management plan as embodied by this Part and against the additional storm drainage provisions contained in this Part, the Township Subdivision and Land Development Ordinance (Chapter
22) or the Zoning Ordinance (Chapter
27), as applicable.
2. The Lehigh Valley Planning Commission shall provide an advisory review
of the drainage plan for consistency with the stormwater management
plan.
3. For regulated activities specified in §
8-203, Subsection
2A and
B, the LVPC shall provide written comments to the Township, within a time frame consistent with established procedures under Act 247, as to whether the drainage plan has been found to be consistent with the stormwater management plan.
4. For regulated activities specified in §
8-203, Subsection
2E and
F, the LVPC shall notify 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.
5. For any SWM site plan that proposes to use any BMPs other than green
infrastructure and LID practices to achieve the volume and rate controls
required under this Part, the Township will not approve the SWM site
plan unless it determines that green infrastructure and LID practices
are not practicable.
6. The Township shall not approve any subdivision or land development (regulated activities §
8-203, Subsection
2A and
B) or building permit application (regulated activities §
8-203, Subsection
2C and
D) if the drainage plan has been found to be inconsistent with the stormwater management plan as determined by the Township Engineer. The Township will state the reasons for the disapproval in writing. The Township also may approve the SWM site plan with conditions and, if so, shall provide the acceptable conditions for approval in writing.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2022-03, 10/25/2022]
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 §
8-244 subject to review per §
8-245 of this Part.
[Ord. No. 2022-03, 10/25/2022]
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the Township's concerns, to the Township in accordance
with this article. The applicable review fee must accompany a resubmission
of a disapproved SWM site plan.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2005-06, 3/22/2005; by Ord.
No. 2007-04, 11/8/2007; and by Ord. No. 2022-03, 10/25/2022]
1. The Board of Supervisors may hear requests for waivers where it is
alleged that the provisions of this Part inflict unnecessary hardship
upon the applicant. The waiver request shall be in writing and accompanied
by any requisite fee as set forth on the Township's fee schedule.
A copy of the request shall be provided to each of the following:
the Township, Township Engineer, Township Solicitor and Lehigh Valley
Planning Commission. The request shall fully document the nature of
the alleged hardship and address, at a minimum, the four requirements
listed below.
2. The Township may grant a waiver from the provisions of this Part,
provided that all of the following findings are made in a given case:
A. 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 Part in the stormwater management district in which the property
is located;
B. 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 Part, including the "no harm" provision,
and that the authorization of a waiver is therefore necessary to enable
the reasonable use of the property;
C. That the waiver, if authorized, will represent the minimum waiver
that will afford relief and will represent the least modification
possible of the regulation;
D. That financial hardship is not the criteria for granting of a hardship
waiver. In granting any waiver, the Township may attach such conditions
and safeguards as it may deem necessary to implement the purposes
of this Part. If a hardship waiver is granted, the applicant must
still manage the quantity, velocity, direction and quality of resulting
storm runoff as is necessary to prevent injury to health, safety or
other property.
(1)
For regulated activities described in §
8-203, Subsection
2A and
B, the Board of Supervisors shall hear requests for and decide on hardship waiver requests on behalf of the Township.
(2)
For regulated activities in §
8-203, Subsection
2A through
F, the Zoning Hearing Board shall hear requests for and decide on hardship waiver requests on behalf of the Township.
(3)
The Township shall not waive the water quality provisions of
this Part.
3. In granting any waiver, the Board of Supervisors may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of Act 167 and this Part. If a hardship waiver is granted,
the applicant must still comply with the requirements of § 13
of the Storm Water Management Act.
4. 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 Northampton County
Conservation District.
[Ord. No. 2022-03, 10/25/2022]
The Township's approval of an SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The Township may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the Township signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to §
8-250 within the term of validity, then the Township may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the Township shall be resubmitted in accordance with §
8-247 of this Part.
[Ord. No. 2022-03, 10/25/2022]
1. The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the Township.
2. The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent SWM BMPs
must also be submitted, at the central location of the BMPs. If any
licensed qualified professionals contributed to the construction plans,
then a licensed qualified professional must sign the completion certificate.
3. After receipt of the completion certification by the Township, the
Township may conduct a final inspection.