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 § 225-6.
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)
Location of proposed underground utilities, sewers
and water lines. The locations of all existing and proposed utilities,
sanitary sewers and water lines 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 roof-top
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 Borough.
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 Borough secretary (or other appropriate person) as part of
the preliminary plan submission for the subdivision or land development.
(2)
Four copies of the drainage plan shall be submitted.
(4)
Drainage plans involving more than 10,000 square feet
of additional impervious cover shall be submitted by the developer
(possibly through the Borough) to the Lehigh Valley Planning Commission
as part of the preliminary plan submission. The Lehigh Valley Planning
Commission will conduct an advisory review of the drainage plan for
consistency with the Catasauqua Creek Watershed 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 Borough, within a time frame consistent with established
procedures under the Municipalities Planning Code, as to whether the
drainage plan has been found to be consistent with the stormwater
management plan.
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 Borough shall review the drainage plan, including
the BMP operations and maintenance plan, for consistency with the
adopted Catasauqua Creek Watershed Stormwater Management Plan as embodied
by this chapter and with any permits issued by DEP. The Borough shall
also review the drainage plan against any additional storm drainage
provisions contained in the Borough subdivision and land development
or zoning ordinance, as applicable.[1]
B.
The Borough shall notify the applicant in writing
whether the drainage plan, including the BMP operations and maintenance
plan, is approved.
D.
The Borough 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 Borough) shall require a resubmission of the modified drainage plan consistent with § 225-22 subject to review per § 225-23 of this chapter.
A.
The Borough 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 adopted
by the Borough. A copy of the waiver request shall be provided to
each of the following: Borough, Borough Engineer, Borough solicitor
and Lehigh Valley Planning Commission. The request shall fully document
the nature of the alleged hardship.
B.
The Borough 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; and
(5)
That financial hardship is not the criteria for granting
of a hardship waiver.
C.
In granting any waiver, the Borough 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.
E.
For regulated activities in § 225-B(3),
(4), (5), (6) and (7), the Zoning Hearing Board shall hear requests
for and decide on hardship waiver requests on behalf of the Borough.
F.
The Borough shall not waive the water quality provisions
of this chapter.
