This Part 2 shall be known and may be cited
as the "Bushkill Creek, Fry's Run, Monocacy Creek and Nancy Run Watersheds
Act 167 Stormwater Management Water Quality Ordinance."
The Board of Commissioners of the Township of
Bethlehem, County of Northampton, and Commonwealth of Pennsylvania
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 certain municipalities,
including the Township of Bethlehem, to implement a program of stormwater
controls. These municipalities are required to obtain a permit for
stormwater discharges from their 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 Part
2 is to promote the public health, safety and welfare within the Bushkill Creek, Fry's Run, Monocacy Creek and Nancy Run Watersheds by minimizing the damages and maximizing the benefits described in §Â
218-40 of this Part
2 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
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 § 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 Township of Bethlehem is empowered to regulate
these activities by the authority of the Pennsylvania Stormwater Management
Act, Act of October 4, 1978, P.L. 864 (Act 167), as amended, 32 P.S.
§ 680.1 et seq., and the First Class Township Code, Act
of June 24, 1931, P.L. 1206, as amended, 53 P.S. § 55101
et seq.
The Bethlehem Township Stormwater Management Ordinance, Part
1, Stormwater Control, of this Chapter
218, is not repealed by this Part
2. This Part
2, and the Bethlehem Township Stormwater Management Ordinance (Part
1 of this chapter), are intended to be and shall be read in pari materia and construed together, if possible, as one ordinance so that effect may be given to both. If there exists an irreconcilable conflict between a provision of this Part
2 and the Bethlehem Township Stormwater Management Ordinance (Part
1 of this chapter), effect shall be given to that provision which imposes the greater stormwater management and control, and protection of water quality, as determined by the Township Engineer.
Approvals issued pursuant to this Part 2 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 Part
2, 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.