An ordinance providing for the regulation and control of the stormwater runoff of subdivisions, land developments and major uses, including design standards, methods of calculation and construction standards, and including penalties for the violation of this Part 2.
This Part 2 shall be known and may be cited as the "Weisenberg Township Stormwater Management Ordinance."
The Board of Supervisors of the Township of Weisenberg, County of Lehigh, Commonwealth of Pennsylvania, finds:
A. 
That inadequate management of accelerated runoff of stormwater resulting from development throughout the Township threatens the health, welfare and safety of the public by causing, contributing to or allowing the following to occur:
(1) 
Erosion of valuable topsoil due to increased flooding and accelerated runoff velocities.
(2) 
Damage to public and private properties due to increased deposits of sediment resulting from increased flooding.
(3) 
Overtaxing of watercourses and storm sewer systems due to increased peak flows within various watersheds.
(4) 
Increased cost of public and private stormwater management facilities due to the need to provide greater capacity and more frequent maintenance.
(5) 
Undermining of floodplain management and flood control efforts of downstream communities due to lack of control of the overall peak flow rates of the Jordan Creek, Little Lehigh Creek, Maiden Creek, and the Sacony Creek.
(6) 
Reduction of groundwater recharge due to greatly increased areas of impervious surface.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, 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.
The purpose of Part 2 is to create conditions favorable to the health, safety, morals and general welfare of the citizens by:
A. 
Controlling accelerated runoff and erosion and sedimentation problems at their source by regulating activities which cause such problems.
B. 
Utilizing and preserving the desirable existing natural drainage systems.
C. 
Encouraging recharge of groundwater where appropriate.
D. 
Maintaining the existing flows and quality of streams and watercourses in the Township and the commonwealth.
E. 
Preserving and restoring the flood-carrying capacity of streams.
F. 
Providing for proper maintenance of all permanent stormwater management structures which are constructed within the Township.
G. 
Ensuring conformance of stormwater facilities with proper improvement standards.
H. 
Carrying out the goals and objectives of the Northern Lehigh Multi-Municipal Comprehensive Plan, and the Stormwater Management Plans for the Jordan Creek, Little Lehigh Creek, Maiden Creek, and the Sacony Creek Watersheds, as prepared by the Lehigh Valley Planning Commission.
I. 
Avoiding hazards to the public health and safety and damage to public and private property and streets.
J. 
Avoiding the need for large public or private expenditures to resolve stormwater problems created as a result of activities regulated by this Part 2.
The Township of Weisenberg is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the Storm Water Management Act, and the Act of May 1, 1933, P.L. 103, No. 69, as amended, the Second Class Township Code.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq., and 53 P.S. § 65101 et seq., respectively.
This Part 2 shall apply to any of the following activities:
A. 
All applications for major and minor preliminary and final subdivisions or land developments involving or likely to result in the addition of greater than 5,000 square feet of impervious coverage (provided that all additions of impervious cover on the development site within the five-year period preceding the application shall be included in determining the area of additional impervious cover). Any areas which may be considered semipervious shall be considered impervious areas for the purpose of determining applicability.
B. 
All activities, other than clearly agricultural activities, involving the disturbance of one acre or greater of earth.
C. 
All applications for building permits for uses involving the addition of greater than 5,000 square feet of impervious cover (provided that all additions of impervious cover on the development site within the five-year period preceding the application shall be included in determining the area of the additional impervious cover), but excluding uses for which a stormwater management plan was previously reviewed by the Township Engineer and approved by the Board of Supervisors as part of a subdivision or land development plan. Any areas which may be considered semipervious shall be considered impervious areas for the purpose of determining applicability.
D. 
All activities involving alteration, disturbance or relocation of a watercourse, 100-year floodplain, conveyance swale, lake or stormwater detention basin, except for activities for which a stormwater management plan was previously reviewed by the Township Engineer and approved by the Board of Supervisors as part of a subdivision or land development plan.
A. 
Standards.
(1) 
The provisions of this Part 2 shall be interpreted and applied as minimum requirements for the promotion of the public health, safety and general welfare, the protection of public and private property and the preservation of the natural environment.
(2) 
Where provisions, standards and specifications of this Part 2 conflict with those of any state statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
B. 
Illustrations. The illustrations in this Part 2 are for general illustrative purposes and are not part of the regulations of this Part 2.
A. 
Requests for variance or modification of this Part 2 shall be made to the Township in writing. A copy of the request shall be provided to each of the following:
(1) 
The Township Engineer.
(2) 
The Township Solicitor.
(3) 
When any portion of the Jordan Creek and/or Little Lehigh Creek and/or Maiden Creek and/or Sacony Creek Wastersheds are affected, the Lehigh Valley Planning Commission.
B. 
The application shall fully document the nature of the alleged hardship. The Board of Supervisors, after receiving the advice of the Weisenberg Township Planning Commission, may, but shall not obligated to, grant a waiver, provided that all of the following findings are made in a given case:
(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 Part 2 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 Part 2 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 applicant.
(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.
C. 
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[1] and this Part 2.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
D. 
The Board of Supervisors, after receiving the advice of the Weisenberg Township Planning Commission, shall have the power to grant variances or modifications to the specific requirements of this Part 2 where the applicant proves to the satisfaction of the Board of Supervisors that, owing to special conditions, a variance or modification is need to:
(1) 
Avoid an unreasonable hardship that was not self-created.
(2) 
Allow a modification that would be more practical and efficient while still meeting the purposes and intent of the regulation.
(3) 
Allow reasonable and more practical development of a site because of the particular site's particular and uncommon characteristics.
(4) 
Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not grated.
A. 
The Board of Supervisors has established, by resolution, a schedule of fees and a collection procedure for all applications and other matters pertaining to reviews under this Part 2 and Chapter 425, Subdivision and Land Development, of the Township of Weisenberg Code.
B. 
The applicant is also required to submit any required review fees to the Lehigh Valley Planning Commission and the County Soil Conservation District.
C. 
Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.
The Township shall keep a record of the findings, decisions and recommendations relative to this Part 2. Such records shall be open to the public for review.
A. 
Inspectors. The plans administrator, Township Engineer, code enforcement staff, Township Manager and any other persons authorized by the Board of Supervisors shall have the power to enforce the provisions of this Part 2 and the accompanying design standards and improvement specifications.
B. 
Inspection. Any action under this Part 2 shall be subject to on-site inspection by the Township or its authorized representatives to ensure that there is compliance with this Part 2, other Township ordinances and the approved plans.
C. 
Remedies. Any action inconsistent with the provisions of this Part 2 shall be subject to a cease-and-desist order and other appropriate measures by the Board of Commissioners, or its authorized representatives.
D. 
If at any stage of the work the Township Engineer determines that the permanent stormwater control facilities are not being installed in accordance with the approved development plan, the Township shall revoke any existing permits until a revised development plan is submitted and approved as required by § 405-17, unless the installation is immediately corrected so as to conform to the approved development plan.
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 submission of the modified drainage plan. This submission shall comply with all requirements of Article III (and Article IV, where applicable) of this Part 2 and will be reviewed by the Township Engineer and the Weisenberg Township Planning Commission and approved by the Board of Supervisors.
A. 
Violations.
(1) 
Any person (being the owner or agent of any lot, tract or parcel of land) who accomplishes an action that is regulated by this Part 2 and does not fully comply with this Part 2 shall be guilty of a summary offense.
(2) 
The description by mete and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(3) 
Each day of violation shall be considered as a separate violation and shall subject the violator to the penalties listed in this section.
(4) 
Actions to enforce this Part 2 shall be brought by the Board of Supervisors, or its authorized representatives.
B. 
Penalties.
(1) 
Upon conviction of a violation of this Part 2, any person responsible for such a violation shall pay a fine of $500 per violation, with each day accounting for an additional violation, unless another penalty is provided for under the Second Class Township Code,[1] and shall be required to then comply with this Part 2.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(2) 
All fines collected for such violations shall be paid over to the Township.
Neither the approval nor the granting of any building permit, occupancy permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, steep slope review or any other review or permit of this Part 2, involving any land governed by the provisions of this Part 2, by an officer, consultant, employee or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township or its employees, consultants, officials or agencies of the practicality or safety of any structure, use, land development or subdivision, and shall create no liability upon, nor a cause of action against, such public body, official, consultant nor employee for any damage that may result pursuant thereto.