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 Borough approval of the Plan.
Exemptions from the drainage plan requirements are as specified in § 378-16.
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, boroughs 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 physical features including 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 Northhampton
County Soil Survey, latest edition.
(7)
An overlay showing geologic types and boundaries.
(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 Borough 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)
A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that cannot be altered or removed without approval
by the Borough.
D.
A description of how each permanent stormwater BMP will be operated
and maintained and the identity of the person(s) responsible for operations
and maintenance.
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 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 Saucon 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.
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 the 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 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 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 § 378-21, subject to review per § 378-22 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:
the 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.
F.
The Borough shall not waive the water quality provisions of this
chapter.
