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, 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, and the Township of Bethlehem Chapter
230, Subdivision and Land Development, and Chapter
275, Zoning.
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 for general reference.
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.
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.