A.
For all regulated activities, unless preparation of a drainage plan is specifically exempted in § 220-35:
B.
Drainage plans approved by the Township, in accordance with § 220-38, shall be on-site throughout the duration of the regulated activity.
C.
The Township may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.[1]
D.
For all regulated earth disturbance activities, erosion, and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual[2]), No. 363-2134-008, as amended and updated.
E.
Impervious areas.
(1)
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages;
(2)
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter; and
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 220-41 and the peak rate controls of § 220-42 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
F.
Stormwater flows onto adjacent property shall not be created, increased, or otherwise altered without written notification to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter. Areas of existing diffused drainage discharge onto adjacent property shall be managed such that, at minimum, the peak diffused flow does not increase in the general direction of discharge, except as otherwise provided in this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property (including flows from detention basin emergency spillways), the developer's engineer must document and certify that there are adequate downstream conveyance facilities to safely transport the concentrated discharge to the point of predevelopment flow concentration, to the stream reach, or otherwise prove that no harm will result from the concentrated discharge. It is recommended the developer obtain written permission from the downstream property owner(s) for the proposed discharges. Areas of existing diffused drainage discharge shall be subject to any applicable release rate criteria in the general direction of existing discharge where they are proposed to be concentrated or maintained as diffused drainage areas.
G.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property; and
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas;
(b)
Maintain or extend riparian buffers;
(c)
Avoid erosive flow conditions in natural flow pathways;
(d)
Minimize thermal impacts to waters of the commonwealth;
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible; and
(f)
Incorporate methods described in the "Pennsylvania Stormwater Best Management Practices Manual" (BMP Manual).
H.
The design of all facilities over karst areas shall include an evaluation of measures to minimize adverse effects.
I.
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
J.
Normally dry, open top, storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.
K.
The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the latest version of the Precipitation-Frequency Atlas of the United States (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 14[3] can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
L.
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.
N.
Storm drainage system shall be designed to preserve natural watercourses except as modified by stormwater detention facilities, recharge facilities, water quality facilities, pipe systems or open channels consistent with this chapter.
O.
Where a site is traversed by watercourses, swales, ditches, etc., there shall be drainage easements provided conforming substantially with the line of such watercourses, swales, ditches, etc. The width of any easement shall be adequate to provide for unimpeded flow of post-development storm runoff based on either calculations completed by the developer in conformance with § 220-22 for the 100-year return period runoff, the Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run Act 167 100-year return period flows, or Federal Emergency Management Agency (FEMA) 100-year frequency flood flows and to provide a freeboard allowance of 0.5 foot above the design water surface level. In all areas, the flow rate to be utilized shall be the maximum rate identified through either developer's calculations, the Bushkill Creek, Fry's Run, Monocacy Creek, and Nancy Run Act 167 or (if applicable) FEMA study flows. In areas where the Act 167 flow rate is the maximum rate, this rate shall be used unless a reduced flow rate is determined by the Lehigh Valley Planning Commission to take precedence over the Act 167 flow rate. This maximum flow rate shall be used to determine the 100-year water surface elevations based on HEC-RAS modeling (or other modeling method as approved by the Township). The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely affect the flow of stormwater within any portion of the easement in the post-development condition. Also, periodic maintenance of the easement to ensure proper runoff conveyance shall be required. Watercourses for which the 100-year floodplain is formally defined by FEMA studies are subject to the applicable municipal floodplain regulations. All proposed buildings within or adjacent to a floodplain as defined by FEMA studies shall have first floor elevations at least 1.5 feet above the 100-year frequency flood elevation. The 100-year flood elevation to be used to establish the first-floor elevation shall be determined using the greater of the maximum flow rate referenced in FEMA study flows, Act 167 flows, or calculated flows as set forth above.
P.
Any drainage facilities or structures required by this chapter that are located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT) and the Township.
Q.
When it can be shown that, due to topographic conditions, natural drainage swales on the site cannot adequately provide drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning's Equation.
R.
Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.
S.
Consideration should be given to the design and use of volume controls for stormwater management, where geology and soils permit. Areas of suitable geology for volume controls shall be determined by the Township. Documentation of the suitability of the soil for volume controls shall be provided by the applicant. Volume controls shall be acceptable in areas of suitable geology where the soils are designated as well drained in the County Soil Survey. Other soils may be acceptable for use of volume controls based on site-specific soils evaluations provided by the applicant.
T.
Within areas containing soils identified by the Soil Conservation Service to be sinkhole prone, detention basins shall be lined with a material which, after installation, attains a permeability rate of less than or equal to 1 x 10-7 cm/sec.
U.
Parking lot ponding depth may not exceed two inches in areas of anticipated pedestrian traffic and six inches in all other areas for a twenty-five-year frequency storm.
V.
Post-construction BMPs shall be designed, installed, operated, and maintained to meet the requirements of the Clean Streams Law and implementing regulations, including the established practices in 25 Pa. Code Chapter 102 and the specifications of this chapter as to prevent accelerated erosion in watercourse channels and at all points of discharge.
W.
No earth disturbance activities associated with any regulated activities shall commence until approval by the Township of a plan which demonstrates compliance with the requirements of this chapter.
X.
Techniques described in Appendix F (Low-Impact Development)[5] of this chapter are encouraged because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.
[5]
Editor's Note: Appendix F is included as an attachment to this chapter.
Y.
Infiltration for stormwater management is encouraged where soils and geology permit, consistent with the provisions of this chapter and, where appropriate, the Recommendation Chart for Infiltration Stormwater Management BMPs in Carbonate Bedrock in Appendix D.[6] Infiltration is encouraged for capturing and treating the water quality volume (as calculated in § 220-18), any part of the water quality volume or for otherwise meeting the purposes of this chapter.
[6]
Editor's Note: Appendix D is included as an attachment to this chapter.
Z.
Rates of post-development stormwater runoff (measured in cubic feet per second) shall not exceed the percentages of the predevelopment flow rates for any area as mandated by this section. Allowable post-development percentages shall be as follows:
(1)
For the Bushkill Creek Watershed, as is listed for each individual stormwater management district as shown on the Watershed Release Rate Map (Appendix B of this chapter[7]);
[7]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
For the Monocacy Creek Watershed, as is listed for each individual stormwater management district as shown on the Watershed Release Rate Map (Appendix B of this chapter);
(3)
For the Nancy Run Watershed, as is listed for each individual stormwater management district as shown on the Watershed Release Rate Map (Appendix B of this chapter);
(4)
For the Fry's Run Watershed, as is listed for each individual stormwater management district as shown on the Watershed Release Rate Map (Appendix B of this chapter); and
(5)
During construction and preparatory earthmoving in all areas of the Township: 100%.
AA.
Control of runoff from a site shall occur using appropriate means of detention of the water on the site and/or other approved types of stormwater management within the requirements of this section.
BB.
Runoff that is detained shall be held and released at a predetermined controlled rate by appropriately installed devices. The release shall be in the same manner as the natural or predevelopment means of discharge from a site (such as point discharge or sheet flow).
CC.
Stormwater runoff shall not be increased or redirected in such a way that it results in hazards to persons or property or interferes with the normal movement of vehicles.
DD.
All stormwater management methods are subject to review by the Township Engineer.
EE.
Stormwater shall be directed away from buildings and on-lot septic systems.
FF.
All drainage plans shall take into account and provide for existing flows within the entire watershed.
GG.
The existing points of natural drainage discharge onto adjacent property shall not be altered nor shall the concentration of water runoff be increased because of development without the written approval of all affected landowners.
HH.
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without complete approval of provisions being made by the developer for properly handling such conditions, including water runoff impoundments, if necessary.
II.
All lots shall be laid out and graded to prevent cross-lot drainage, to provide positive drainage away from proposed building locations and any primary or alternate septic system location.
JJ.
An adequate storm sewerage system consisting of inlets and other underground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities, as determined by the Board of Commissioners based upon the recommendation of the Township Engineer.
KK.
Outlet locations shall be reviewed by the Township Engineer.
LL.
Sequence of construction. No substantial grading shall occur, and no building permits shall be issued for any building unless any detention basin, siltation basin or improved major swale approved to handle the resulting runoff is in place. Any detention basin shall be seeded and stabilized and have an installed outlet structure prior to the construction of any streets or buildings within that drainage basin.

