This chapter shall be known and may be cited as the "Bethlehem Township Stormwater Management Ordinance."
The Bethlehem Township Board of Commissioners finds 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, threatens public health and safety, and increases nonpoint source pollution of water resources.
B. 
A comprehensive program of stormwater management, 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. 
The use of green infrastructure and low-impact development is intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to infiltrate and recharge; evapotranspire; and/or harvest and use precipitation near where it falls to Earth. Green infrastructure practices and low-impact development contribute to the restoration or maintenance of predevelopment 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. 
Nonstormwater discharges to Township separate stormwater sewer systems can contribute to pollution of waters of the commonwealth by the Township.
G. 
Clear delineations are necessary with respect to the requirements for ownership and maintenance responsibilities for permanent stormwater management facilities/best management practices ("BMPs").
H. 
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 Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run watersheds by minimizing the harms and maximizing the benefits described in § 220-2A 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 the 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 water and groundwater quality and to otherwise protect water resources.
E. 
Maintain the existing flows and quality of streams and watercourses in the Township and the commonwealth.
F. 
Preserve and restore the flood-carrying capacity of streams.
G. 
Provide 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. 
Provide criteria and standards for the ownership and maintenance of permanent stormwater management facilities/BMPs.
M. 
Manage stormwater runoff close to the source, reduce runoff volumes and mimic predevelopment hydrology.
The Township of Bethlehem is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended,[1] and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the Storm Water Management Act, the First Class Township Code,[2] and the Township of Bethlehem Chapter 230, Subdivision and Land Development, and Chapter 275, Zoning.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 55101 et seq.
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 Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run 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 Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run drainage basins with boundaries as delineated on a Stormwater Management Districts Map available for inspection at the Township office. Maps of the Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run watersheds at a reduced scale are included in Appendix B of this chapter[1] for general reference.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
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:
(1) 
Land development (as that term is defined in the MPC);
(2) 
Subdivision (as that term is defined in the MPC);
(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 § 220-5D(1) through (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 5,000 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 (see § 220-35).
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 § 220-35 hereof.
H. 
The hardship waiver provisions found in § 220-40 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, 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.
A. 
If the Township determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 220-8; B and C.
B. 
Waivers or modifications of the requirements of this chapter may be approved by the Township if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the chapter is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the chapter. A request for modifications shall be in writing and accompany the stormwater management drainage plan or site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the chapter involved and the proposed modification.
C. 
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 DEP or the delegated county conservation district.
A. 
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.
B. 
Township review and approval of the drainage plan or the subsequent observation and approval of stormwater management facilities shall not constitute land development on behalf of or by the Township or otherwise cause the Township to be engaged in the alteration or development of land.
C. 
By submitting an application under this chapter, the developer (as herein defined) hereby agrees to indemnify, defend, and hold harmless the Township and all its agents, servants, employees, officials, and consultants of and from any and all claims, demands, causes of action, or suits which arise out of or relate to the review, approval, construction, or observation of the developer's drainage plan and stormwater management facilities.
A. 
By making a submission under this chapter, the developer acknowledges and agrees that all documents and other information submitted to the Township or its consultants pursuant hereto constitute public records within the meaning of the Pennsylvania Right to Know Law ("RTK Law"), Act 3 of 2008, as amended,[1] and are subject to review and reproduction upon request in accordance with the RTK Law and applicable Township ordinances and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
B. 
To the extent that any documents or materials constitute public records but are subject to copyright protection pursuant to applicable law, the developer and all of its agents, employees and consultants, by filing such documents with the Township pursuant to this chapter, shall be deemed to have waived all copyright protection and damages related hereto. This waiver of copyright protection shall relate only to the reproduction and use of such documents in connection with the review, analysis, or approval of a plan and the use of the information contained within such documents for the purpose of review and analysis of the impact of the plan to other property.
C. 
By making a submission under this chapter, the developer hereby agrees to indemnify, defend, and hold harmless the Township and all its agents, servants, employees, officials, and consultants of and from any and all claims, damages, suits or causes of actions arising out of violations or allegations of violations of copyright law.
All statements made, whether written or oral, to the Township in connection with any submission pursuant to this chapter shall be true and correct to the best of the knowledge, information and belief of the applicant or its agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to "unsworn falsification to authorities."
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 section, involving any land governed by the provisions of this section of the chapter, 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.