This chapter shall be known and may be cited
as the "Bushkill Creek, Martins/Jacoby Creeks and Delaware River Sub
Basin 2/Lehigh River Sub Basin 5 Watersheds Act 167 Stormwater Management
Ordinance."
The governing body of the City of Easton finds
that:
A.
Inadequate management of accelerated runoff of stormwater
resulting from development throughout a watershed increases 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, and threatens public health and safety.
B.
A comprehensive program of stormwater management,
including reasonable regulation of development and activities causing
accelerated erosion and loss of natural infiltration, is fundamental
to the public health, safety and welfare and the protection of the
people of the municipality and all of the people of the commonwealth,
their resources and the environment.
C.
Stormwater can be an important resource by providing
groundwater recharge for water supplies and baseflow of streams, which
also protects and maintains surface water quality.
D.
Public education on the control of pollution from
stormwater is an essential component in successfully addressing stormwater.
E.
Federal and state regulations require the City of
Easton to implement a program of stormwater controls and the City
of Easton is required to obtain a permit for stormwater discharges
from its separate storm sewer systems under the National Pollutant
Discharge Elimination System (NPDES).
F.
Nonstormwater discharges to municipal separate storm
sewer systems can contribute to pollution of waters of the commonwealth
by the municipality.
The purpose of this chapter is to promote the public health, safety and welfare within the Bushkill Creek, Martins/Jacoby Creek and Delaware River Sub Basin 2/Lehigh River Sub Basin 5 Watersheds (hereinafter referred to as "regulated watersheds") by minimizing the damages and maximizing the benefits described in § 507-2 of this chapter by provisions designed to:
A.
Manage stormwater runoff impacts at their source by
regulating activities which cause such problems.
B.
Utilize and preserve the desirable existing natural
drainage systems.
C.
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.
D.
Maintain the existing flows and quality of streams
and watercourses in the municipality and the commonwealth.
E.
Preserve and restore the flood-carrying capacity of
streams.
F.
Provide for proper maintenance of all permanent stormwater
management best management practices (BMPs) that are implemented in
the municipality.
G.
Provide review procedures and performance standards
for stormwater planning, design and management.
H.
Manage stormwater impacts close to the runoff source
which requires a minimum of structures and relies on natural processes.
I.
Meet legal water quality requirements under state
law, including regulations at 25 Pa. Code Chapter 93.4a to protect
and maintain "existing uses" and maintain the level of water quality
to support those uses in all streams and to protect and maintain water
quality in "special protection" streams.
J.
Prevent scour and erosion of streambanks and streambeds.
K.
Provide standards to meet the NPDES permit requirements.
The City of Easton is empowered to regulate
these activities by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
"Stormwater Management Act," and the Third Class City Code.
A.
This chapter shall only apply to those areas of the
municipality which are located within the regulated watersheds as
delineated on an official map available for inspection at the municipal
office. Maps of the regulated watersheds at a reduced scale are included
at the end of this chapter for general reference.
B.
The following activities are defined as regulated
activities and shall be governed by this chapter:
(1)
Land development.
(2)
Subdivision.
(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)
Any construction over 10,000 square feet or more of
land which would be subject to land disturbance.
A.
Impervious cover. Any proposed regulated activity, except those defined in § 507-5B(5) and (6), which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter. All of the impervious cover added incrementally to a site above the initial 10,000 square feet shall be subject to the drainage plan preparation provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, the total impervious cover on the site proposed since the original ordinance date must meet the provisions of this chapter.
(1)
The date of the municipal ordinance adoption of the
original Regulated Watersheds Act 167 Stormwater Management Ordinances
(Bushkill Creek Watershed Ordinance adopted August 11, 1993; Martins/Jacoby
Creeks Ordinance adopted February 14, 2001; Delaware River Sub Basin
2/Lehigh River Sub Basin 5 Ordinances adopted February 14, 2001, shall
be the starting point from which to consider tracts as "parent tracts"
in which future subdivisions and respective impervious area computations
shall be cumulatively considered.
(2)
For development taking place in stages, the entire
development plan must be used in determining conformance with these
criteria.
(3)
Additional impervious cover shall include, but not
be limited to, additional indoor living spaces, decks, patios, garages,
driveways, storage sheds and similar structures, any roof, parking
or driveway areas and any new streets and sidewalks constructed as
part of or for the proposed regulated activity.
(4)
Any additional areas proposed to initially be gravel,
crushed stone, porous pavement, etc. shall be assumed to be impervious
for the purposes of comparison to the exemption criteria. Any existing
gravel, crushed stone or hard packed soil areas on a site shall be
considered as pervious cover for the purpose of exemption evaluation.
B.
Prior drainage plan approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the municipality prior to the effective date of this chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in § 507-6C, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code. If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new drainage plan subject to the provisions of this chapter shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original drainage plan.
C.
These exemptions shall not relieve the applicant from
implementing such measures as are necessary to protect health, safety,
property, and state water quality requirements. These measures include
adequate and safe conveyance of stormwater on the site and as it leaves
the site. These exemptions do not relieve the applicant from the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act or ordinance.
Approvals issued pursuant to 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 or ordinance.
Notwithstanding any provisions of this chapter,
including exemption and 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, direction and quality of resulting stormwater
runoff in a manner which otherwise adequately protects health and
property from possible injury.
