[Ord. 2005-9, 6/2/2005, § 401]
For any of the regulated activities of this Chapter 23A, 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.
[Ord. 2005-9, 6/2/2005, § 402]
Exemptions from the drainage plan requirements are as specified in § 23A-106.
[Ord. 2005-9, 6/2/2005, § 403]
1.
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 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 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 Berks County Soil Survey, as applicable, 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 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)
A statement, signed by the landowner, acknowledging that the
stormwater BMPs are fixtures that cannot be altered or removed without
approval by the municipality.
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.
E.
A plan and narrative showing how stormwater, accumulating on or passing
through the tract or tracts upon which regulated activities will be
conducted, will be transported or transmitted from the subject tract
or tracts to a water course with a generally permanent flow (such
as a stream); showing the hydraulic capacities of all facilities located
between said tract or tracts and the stream impacted by the stormwater;
and identifying limitations upon such facilities which may limit the
proper transportation or transmission of such stormwater to the stream.
[Ord. 2005-9, 6/2/2005, § 404; as amended by Ord.
2011-12, 10/6/2011]
1.
For regulated activities specified in §§ 23A-105, Subsection 2A and B:
A.
The drainage plan shall be submitted by the developer to the municipal
secretary (or other appropriate person) as part of the preliminary
plan submission for the subdivision or land development.
B.
Five copies of the drainage plan shall be submitted.
C.
Distribution of the drainage plan will be as follows:
D.
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 Little Lehigh Creek
Watershed Stormwater Management Plan. The LVPC will not review details
of the erosion and sedimentation plan or the BMP operations and maintenance
plan.
(1)
Two copies of the drainage plan shall be submitted.
(2)
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, 53 P.S. § 10101
et seq., as to whether the drainage plan has been found to be consistent
with the Stormwater Management Plan.
2.
For regulated activities specified in §§ 23A-105, Subsection 2C and D, not requiring the approval of the Lower Macungie Township Planning Commission and the Lower Macungie Township Board of Commissioners, two copies of the drainage plan shall be submitted by the developer to the municipal building permit officer as part of the building permit application.
3.
For regulated activities specified in §§ 23A-105, Subsection 2E, F and G:
A.
The drainage plan shall be submitted by the developer to the Lehigh
Valley Planning Commission for coordination with the DEP permit application
process under 25 Pa.Code, Chapter 105, "Dam Safety and Waterway Management,"
25 Pa.Code, Chapter 106, "Flood Plain Management," of DEP's Rules
and Regulations and the NPDES regulations.
B.
One copy of the drainage plan shall be submitted.
[Ord. 2005-9, 6/2/2005, § 405]
1.
The Township Engineer shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with the adopted Little Lehigh Creek Watershed Stormwater Management Plan as embodied by this Chapter 23A 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.
2.
The municipality shall notify the applicant in writing whether the
BMP operations and maintenance plan is approved.
3.
The municipality shall not approve any subdivision or land development (Regulated Activities § 23A-105.2.A and 23A-105.2.B) or building permit application (Regulated Activities § 23A-105, Subsection 2C and D) if the drainage plan has been found to be inconsistent with the Stormwater Management Plan.
4.
The municipality may require an "as-built survey" of all stormwater
BMPs and an explanation of any discrepancies with the drainage plan.
[Ord. 2005-9, 6/2/2005, § 406]
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 a resubmission of the modified drainage plan consistent with § 23A-404 subject to review per § 23A-405 of this Chapter 23A.
[Ord. 2005-9, 6/2/2005, § 407; as amended by Ord.
2011-12, 10/6/2011]
1.
The municipality may hear requests for waivers where it is alleged that the provisions of this Chapter 23A 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 municipality. A copy of the waiver request shall be provided to each of the following: municipality, Township Engineer, Township Solicitor and Lehigh Valley Planning Commission. The request shall fully document the nature of the alleged hardship.
2.
The municipality may grant a waiver provided that all of the following
findings are made in a given case:
A.
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 23A in the stormwater management district in which the property is located.
B.
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 23A, including the "no harm" provisions, and that the authorization of a waiver is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
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.
E.
That financial hardship is not the criteria for granting of a hardship
waiver.
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In granting any waiver, the municipality may attach such conditions and safeguards as it may deem necessary to implement the purposes of this Chapter 23A. 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.
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3.
For regulated activities described in § 23A-105, Subsection 2A and B, the Lower Macungie Township Board of Commissioners shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
