An ordinance providing for the regulation and control of the
stormwater runoff of subdivisions, land developments and major uses,
including design standards, methods of calculation and construction
standards and including penalties for the violation of this Part 1.
This Part
1 shall be known and may be cited as the "Bethlehem Township Stormwater Management Ordinance." This Part
1 shall serve as Chapter
218, Part
1, of the Code of the Township of Bethlehem.
[Amended 6-21-1993 by Ord. No. 6-93]
The Board of Commissioners of the Township of Bethlehem, County
of Northampton, Commonwealth of Pennsylvania, finds:
A. That inadequate management of accelerated runoff of stormwater resulting
from development throughout the Township threatens the health, welfare
and safety of the public by causing, contributing to or allowing the
following to occur:
(1) Erosion of valuable topsoil due to increased flooding and accelerated
runoff velocities.
(2) Damage to public and private properties due to increased deposits
of sediment resulting from increased flooding.
(3) Overtaxing of watercourses and storm sewer systems due to increased
peak flows within various watersheds.
(4) Increased cost of public and private stormwater management facilities
due to the need to provide greater capacity and more frequent maintenance.
(5) Undermining of floodplain management and flood control efforts of
downstream communities due to lack of control of the overall peak
flow rates of the Bushkill Creek, Fry's Run, Monocacy Creek and the
Nancy Run.
[Amended 5-1-2000 by Ord. No. 2-00]
(6) Reduction of groundwater recharge due to greatly increased areas
of impervious surface.
B. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
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.
[Amended 6-21-1993 by Ord. No. 6-93]
The purpose of Part 1 is to create conditions favorable to the
health, safety, morals and general welfare of the citizens by:
A. Controlling accelerated runoff and erosion and sedimentation problems
at their source by regulating activities which cause such problems.
B. Utilizing and preserving the desirable existing natural drainage
systems.
C. Encouraging recharge of groundwater where appropriate.
D. Maintaining the existing flows and quality of streams and watercourses
in the Township and the commonwealth.
E. Preserving and restoring the flood-carrying capacity of streams.
F. Providing for proper maintenance of all permanent stormwater management
structures which are constructed within the Township.
G. Ensuring conformance of stormwater facilities with proper improvement
standards.
H. Carrying out the goals and objectives of the Township Comprehensive
Plan, and the stormwater management plans for the Bushkill Creek,
Fry's Run, Monocacy Creek and Nancy Run watersheds as prepared by
the Lehigh Valley Planning Commission of Lehigh and Northampton Counties
as adopted by the County of Northampton.
[Amended 6-21-1993 by Ord. No. 6-93]
I. Avoiding hazards to the public health and safety and damage to public
and private property and streets.
J. Avoiding the need for large public or private expenditures to resolve
stormwater problems created as a result of activities regulated by
this Part 1.
The Township of Bethlehem is empowered to regulate these activities
by the authority of the Act of October 4, 1978, P.L. 864 (Act 167),
the Stormwater Management Act and the Act of June 24, 1931, P.L. 1206, as amended, the
First Class Township Code.
This Part 1 shall apply to any of the following activities:
A. All applications for major and minor preliminary and final subdivisions
or land developments involving or likely to result in the addition
of greater than 5,000 square feet of impervious coverage (provided
that all additions of impervious cover on the development site within
the five-year period preceding the application shall be included in
determining the area of additional impervious cover). Any areas which
may be considered semipervious shall be considered impervious areas
for the purpose of determining applicability.
[Amended 6-21-1993 by Ord. No. 6-93]
B. All activities, other than clearly agricultural activities, involving
the disturbance of one acre or greater of earth.
C. All applications for building permits for uses involving the addition
of greater than 5,000 square feet of impervious cover (provided that
all additions of impervious cover on the development site within five-year
period preceding the application shall be included in determining
the area of the additional impervious cover), but excluding uses for
which a stormwater management plan was previously reviewed by the
Township Engineer and approved by the Board of Commissioners as part
of a subdivision or land development plan. Any areas which may be
considered semipervious shall be considered impervious areas for the
purpose of determining applicability.
[Amended 6-21-1993 by Ord. No. 6-93]
D. All activities involving alteration, disturbance or relocation of
a watercourse, one-hundred-year floodplain, conveyance swale, lake
or stormwater detention basin, except for activities for which a stormwater
management plan was previously reviewed by the Township Engineer and
approved by the Board of Commissioners as part of a subdivision or
land development plan.
[Amended 6-21-1993 by Ord. No. 6-93]
A. Requests for variance or modification of this Part 1 shall be made
to the Township in writing. A copy of the request shall be provided
to each of the following:
(3) When any portion of the Bushkill Creek and/or Fry's Run and/or Monocacy
Creek and/or Nancy Run Wastersheds are affected, the Lehigh Valley
Planning Commission.
[Amended 5-1-2000 by Ord. No. 2-00]
B. The application shall fully document the nature of the alleged hardship.
The Board of Commissioners, after receiving the advice of the Planning
Commission may, but shall not obligated to, 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 Part 1 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 Part 1 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.
C. In granting any waiver, the Board of Commissioners may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of Act 167 and this Part 1.
D. The Board of Commissioners, after receiving the advice of the Planning
Commission, shall have the power to grant variances or modifications
to the specific requirements of this Part, where the applicant proves
to the satisfaction of the Board of Commissioners that, owing to special
conditions, a variance or modification is need to:
(1) Avoid an unreasonable hardship that was not self-created.
(2) Allow a modification that would be more practical and efficient while
still meeting the purposes and intent of the regulation.
(3) Allow reasonable and more practical development of a site because
of the particular site's particular and uncommon characteristics.
(4) Allow a layout or improvements that would clearly be more in the
public interest than what would occur if the modification were not
grated.
The Township shall keep a record of the findings, decisions
and recommendations relative to this Part 1. Such records shall be
open to the public for review.
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 Township Engineer) shall require submission of the modified drainage plan. This submission shall comply with all requirements of Article
III (and Article
IV, where applicable) of this Part
1 and will be reviewed by the Township Engineer and the Planning Commission and approved by the Board of Commissioners.
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 Part 1, involving any land governed by the provisions
of this Part 1, 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.