For any of the regulated activities of this
chapter, prior to the final approval of subdivision and/or land development
plans, or the issuance of any permit, or the commencement of any regulated
earth disturbance activity, the owner, subdivider, developer or his
agent shall submit a drainage plan and receive municipal approval
of the plan.
Exemptions from the drainage plan requirements are as specified in § 507-6.
The following items shall be included in the
drainage plan:
B.
Map(s) of the project area, showing:
(1)
The location of the project relative to highways,
municipalities or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas
of steep slopes (greater than 15%), five-foot contour intervals may
be used. Off-site drainage areas impacting the project, including
topographic detail.
(3)
Streams, lakes, ponds or other bodies of water within
the project area.
(4)
Other features, including flood hazard boundaries,
existing drainage swales, wetlands, closed depressions, sinkholes
and areas of natural vegetation to be preserved.
(5)
Locations of proposed underground utilities, sewers
and waterlines. The locations of all existing and proposed utilities,
sanitary sewers and waterlines within 50 feet of property lines of
the project site.
(6)
An overlay showing soil types and boundaries based
on the Lehigh or Northampton County Soil Survey, as applicable, latest
edition. Any hydric soils present on the site should be identified
as such.
(7)
An overlay showing geologic types, boundaries and
any special geologic features present on the site.
(8)
Proposed changes to land surface and vegetative cover.
(9)
Proposed structures, roads, paved areas and buildings.
(10)
Final contours at intervals of two feet. In
areas of steep slopes (greater than 15%), five-foot contour intervals
may be used.
(11)
Stormwater management district boundaries applicable
to the site.
(12)
Clear identification of the location and nature
of permanent stormwater BMPs.
(13)
An adequate access easement around all stormwater
BMPs that would provide municipal ingress to and egress from a public
right-of-way.
(14)
A schematic showing all tributaries contributing
flow to the site and all existing man-made features beyond the property
boundary that would be affected by the project.
(15)
The location of all public water supply wells
within 400 feet of the project and all private water supply wells
within 100 feet of the project.
C.
Stormwater management controls and BMPs.
(1)
All stormwater management controls and BMPs shall
be shown on a map and described, including:
(a)
Groundwater recharge methods such as seepage
pits, beds or trenches. When these structures are used, the locations
of septic tank infiltration areas and wells shall be shown.
(b)
Other control devices or methods, such as rooftop
storage, semipervious paving materials, grass swales, parking lot
ponding, vegetated strips, detention or retention ponds, storm sewers,
etc.
(2)
All calculations, assumptions and criteria used in
the design of the BMPs shall be shown.
(3)
All site-testing data used to determine the feasibility
of infiltration on a site.
(4)
All details and specifications for the construction
of the stormwater management controls and BMPs.
D.
The BMP operations and management plan, as required in Article VII, describing how each permanent stormwater BMP will be operated and maintained and the identity of the person(s) responsible for operations and maintenance. A statement must be included, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that cannot be altered or removed without approval by the municipality.
E.
Environmental resources site design assessment.
(1)
An environmental resources site design assessment
that describes the following:
(a)
The extent to which the proposed grading and
impervious cover avoid disturbance of significant environmental resources
and preserve existing site hydrology.
(b)
An assessment of whether alternative grading
and impervious cover site design could lessen the disturbance of significant
environmental resources and/or make better use of the site hydrologic
resources.
(c)
A description of how the proposed stormwater
management controls and BMPs serve to mitigate any adverse impacts
on environmental resources on the site.
(2)
Significant environmental resources considered in
the site design assessment include, but are not limited to, steep
slopes, ponds, lakes, streams, wetlands, hydric soils, floodplains,
riparian vegetation, native vegetation and special geologic features.
A.
(1)
The drainage plan shall be submitted by the developer
to the City's Department of Planning and Development and Bureau of
Engineering as part of the plan submission for the subdivision or
land development.
(2)
(3)
Drainage plans involving more than 10,000 square feet
of additional impervious cover shall be submitted by the developer
to the Lehigh Valley Planning Commission as part of the plan submission.
The Lehigh Valley Planning Commission will conduct an advisory review
of the drainage plan for consistency with the regulated watersheds
stormwater management plan. The LVPC will not review details of the
erosion and sedimentation plan or the BMP operations and maintenance
plan.
(a)
Two copies of the drainage plan shall be submitted.
(b)
The LVPC will provide written comments to the
developer and the municipality, within a time frame consistent with
established procedures under the Municipalities Planning Code,[1] as to whether the drainage plan has been found to be consistent
with the stormwater management plan.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
(1)
The drainage plan shall be submitted by the developer
to the Lehigh Valley Planning Commission for coordination with the
DEP permit application process under Chapter 105 (Dam Safety and Waterway
Management), Chapter 106 (Floodplain Management) of DEP's Rules and
Regulations and the NPDES regulations.
(2)
One copy of the drainage plan shall be submitted.
A.
The municipality shall review the drainage plan, including
the BMP operations and maintenance plan, for consistency with the
adopted regulated watersheds' stormwater management plan as embodied
by this chapter and with any permits issued by DEP. The municipality
shall also review the drainage plan against any additional storm drainage
provisions contained in the municipal Subdivision and Land Development
or Zoning Ordinance, as applicable.[1]
B.
The municipality shall notify the applicant in writing
whether the drainage plan, including the BMP operations and maintenance
plan, is approved.
D.
The municipality may require an "as-built survey"
of all stormwater BMPs and an explanation of any discrepancies with
the drainage 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 City of Easton) shall require a resubmission of the modified drainage plan consistent with § 507-21 subject to review per § 507-22 of this chapter.
A.
The City of Easton may hear requests for waivers where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The waiver request shall be in writing and accompanied by the requisite fee based upon a fee schedule in Chapter 285, Fees, of the Code of the City of Easton. A copy of the waiver request shall be provided to each of the following: Chief Planner, City Engineer, City Solicitor and Lehigh Valley Planning Commission. The request shall fully document the nature of the alleged hardship.
B.
The City of Easton may 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 chapter 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 chapter, including the "no
harm" provisions, 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.
(5)
That financial hardship is not the criteria for granting
of a hardship waiver.
C.
In granting any waiver, the City of Easton may attach
such conditions and safeguards as it may deem necessary to implement
the purposes of this chapter. If a hardship waiver is granted, the
applicant must still manage the quantity, velocity, direction and
quality of resulting storm runoff as is necessary to prevent injury
to health, safety or other property.
(1)
For regulated activities described in § 507-5, the Easton Bureaus of Planning and Engineering and City Solicitor shall review waiver requests and make recommendation to the Easton Planning Commission. The Easton Planning Commission will hear requests for and make recommendation to City Council on hardship waiver applications. After receipt of the Easton Planning Commission recommendation, City Council will render a decision as to the granting of the hardship waiver request on behalf of the municipality.
(2)
The City of Easton shall not waiver the water quality
provisions of this chapter.
(3)
In the event a waiver would result in a nonconformity
with zoning requirements, relief for such nonconformity must be separately
pursued in accordance with the Easton Zoning Ordinance.
