Public Hearing – Adopting Comprehensive Regulations Governing Storm Water Runoff Within the Township

NOTE: The Public Hearing will take place during the regularly scheduled Board of Supervisors Meeting.

Notice is hereby provided pursuant to Subsection 1601(a) of the Pennsylvania Second Class Township Code, as amended (the “Code”), 53 P.S. § 66601(a) (“Subsection 1601(a)”), that the Board of Supervisors of the Township of Upper Saucon, Lehigh County, Pennsylvania (“Board”) intends to consider passage of an ordinance adopting comprehensive regulations governing storm water runoff within the Township. The Board intends to consider adoption of the proposed ordinance at a public meeting to be held on the 10th day of June, 2024, commencing at 6:30 p.m., at the Township Municipal Building located at 5500 Camp Meeting Road, Center Valley, Pennsylvania 18034. The proposed ordinance is identified as Ordinance No. 108-C (the “Ordinance”).
The following constitutes the title and a brief summary of the Ordinance, prepared by the Township Solicitor, that sets forth all the provisions of the Ordinance in reasonable detail in accordance with Subsection 1601(a) of the Code.

The title of the Ordinance is “UPPER SAUCON TOWNSHIP ACT 167 STORMWATER MANAGEMENT ORDINANCE OF 2024.”

The Township is authorized by the Code and Pennsylvania’s Storm Water Management Act, Act 167 of Oct. 4, 1978, P.L. 864, as amended, 32 P.S. § 680.1 et seq., to adopt regulations for the management of storm water runoff within the Township. The Board previously adopted stormwater regulations as contained in Township Ordinances 108, 108-A, and 108-B. The Ordinance will become effective five (5) days after enactment. All other ordinances, resolutions, regulations, and policies that predate the Ordinance and conflict with the provisions of the Ordinance are repealed to the extent of such conflict. Notwithstanding the foregoing, Township Ordinances 108, 108-A, and 108-B shall remain in full force and effect; but only to the extent that they may apply to a pending land development plan, permit application, or other activity. The Ordinance contains a savings clause and a statement of legislative findings setting forth the Ordinance’s history, purpose, intent, and rationale.

The following is a table organizing and summarizing the substantive storm water management regulations adopted by the Ordinance.

Article 1 General Provisions
Section 101 Short Title
Section 102 Statement of Findings
Section 103 Purpose
Section 104 Statutory Authority
Section 105 Applicability
Section 106 Exemptions
Section 107 Severability
Section 108 Compatibility with Other Legal Requirements
Section 109 Erroneous Permit
Section 110 Waivers
Section 111 Duty of Persons Engaged in the Development of Land
Section 112 Public Records and Waiver of Copyright
Section 113 Unsworn Falsification to Authorities
Article 2 Definitions
Section 201 Interpretation
Section 202 Definitions
Article 3 Storm Water Management Standards
Section 301 General Requirements
Section 302 Permit Requirements and Approvals by Government Entities
Section 303 Erosion and Sedimentation Control During Regulated Earth Disturbance Activities
Section 304 Post Construction Storm Water Quality Criteria
Section 305 Stormwater Management Districts
Section 306 Stormwater Management District Implementation Provisions
Section 307 Stormwater Management Facilities
Section 308 Calculation Methodology
Article 4 SWM Site Plan Requirements
Section 401 General Requirements
Section 402 SWM Site Plan Submission
Section 403 SWM Site Plan Contents
Section 404 Plan Review
Section 405 Modification of SWM Site Plans
Section 406 Authorization to Construct and Term of Validity
Section 407 As-Built Plans, Completion Certificate, and Final Inspections
Article 5 Fees and Expenses
Section 501 General
Article 6 Operation and Maintenance
Section 601 General Requirements
Section 602 Right-of-Entry
Section 603 Inspections
Section 604 Recording
Article 7 Prohibitions
Section 701 Prohibited Discharges
Section 702 Prohibited Connections
Section 703 Roof Drains and Sump Pumps
Section 704 Alteration of Stormwater Management Facilities
Section 705 Effect of Stormwater Agreement
Article 8 Enforcement and Penalties
Section 801 Violations
Section 802 Penalties and Enforcement
Section 803 Notice of Violation
Section 804 Suspension and Revocation
Section 805 Penalties
Section 806 Interest, Fees, and Costs
Appendix A – Map of Release Rates for Saucon Creek Watershed
Appendix B – Charts, Tables, Graphs, and Calculation Methodology
Appendix C – Calculation Methodology
Appendix D – Recommendation Chart
Appendix E – List of Acceptable BMPs

Copies of Ordinance 108-C may be examined or obtained, without charge, at the Upper Saucon Township Municipal Building located at 5500 Camp Meeting Road, Center Valley, Pennsylvania 18034, during normal business hours, Monday through Friday, 8:00 A.M. to 4:30 P.M. A free, full PDF copy of Ordinance 108-C can also be obtained by emailing rbeltrami@norris-law.com. In addition, and in accordance with Subsection 1601(a) of the Code, a full copy of the Ordinance has been supplied to this newspaper.