[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; by Ord. No. 2019-03, 7/23/2019; and by Ord. No. 2022-03, 10/25/2022]
The Board of Supervisors of Allen Township finds that:
1. 
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, threatens public health and safety, and increases nonpoint source pollution of water resources.
2. 
A comprehensive program of stormwater management (SWM), 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 residents of the Township and all of the residents of the commonwealth, their resources and the environment.
3. 
Stormwater can be an important resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
4. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
5. 
Federal and state regulations require certain municipalities 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).
6. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Township.
7. 
Requiring individual homeowners to maintain aboveground BMPs on smaller residential lots is not feasible. Examples of these types of BMPs that are not feasible on smaller residential lots include, but are not limited to, soil amendments, infiltration beds, retention basins, detention basins, rain gardens, conservation easements, special protection areas, riparian buffers, or other aboveground BMPs as defined in the latest edition of the Pennsylvania Department of Environmental Protection's Stormwater Best Management Practices Manual.
8. 
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual [BMP Manual No. 363-0300-002 (December 2006), as amended and updated]. If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this Part, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
The purpose of this Part is to promote the public health, safety and welfare within the Township and its watersheds by minimizing the damages and maximizing the benefits described in § 8-200 of this Part by provisions designed to:
1. 
Manage stormwater runoff impacts at their source by regulating activities which cause such problems.
2. 
Utilize and preserve the desirable existing natural drainage systems.
3. 
Encourage infiltration of stormwater, where appropriate, to maintain groundwater recharge, to prevent degradation of surface water and groundwater quality, and to otherwise protect water resources.
4. 
Maintain the existing flows and quality of streams and watercourses in the Township and the commonwealth.
5. 
Preserve and restore the flood-carrying capacity of streams.
6. 
Provide for proper maintenance of all permanent stormwater management BMPs that are implemented in the Township.
7. 
Provide review procedures and performance standards for stormwater planning, design and management.
8. 
Manage stormwater impacts close to the runoff source which requires a minimum of structures and relies on natural processes.
9. 
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.
10. 
Prevent scour and erosion of stream banks and streambeds.
11. 
Provide standards to meet the NPDES permit requirements.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2022-03, 10/25/2022]
Allen Township is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the "Storm Water Management Act," 32 P.S. Section 680.1 et seq., as amended; the Pennsylvania Second Class Township Code;[1] and the Act of the 1968 General Assembly No. 247, the "Pennsylvania Municipalities Planning Code."[2]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2005-06, 3/22/2005; by Ord. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
This Part shall apply to the entire Township, with the exception of work performed by Allen Township and to property owned by Allen Township.
2. 
The following activities are defined as regulated activities and shall be governed by this Part:
A. 
Land development.
B. 
Subdivision.
C. 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
D. 
Construction of new buildings or additions to existing buildings.
E. 
Diversion or piping of any natural or man-made stream channel.
F. 
Installation of stormwater systems or appurtenances thereto.
G. 
Regulated earth disturbance activities.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
Impervious Cover. Any proposed regulated activity, except those defined in § 8-203(2)(E), (F), and (G), which would create 10,000 square feet or less of additional impervious cover, is exempt from the drainage plan preparation provisions of this Part. All of the impervious cover added incrementally to a site above the initial 10,000 square feet shall be subject to the drainage plan preparation provisions of this Part. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, the total impervious cover on the site proposed since the original Part date must meet the provisions of this Part.
A. 
The date of the adoption of the original Act 167 Stormwater Management Ordinance, February 28, 1998, shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered.
B. 
For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
C. 
Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity.
D. 
Any additional areas proposed to initially be gravel, crushed stone, porous pavement, etc., shall be assumed to be impervious for the purposes of comparison to the exemption criteria. Any existing gravel, crushed stone, or hard-packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation.
2. 
Prior Drainage Plan Approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the Township prior to the effective date of this Part is exempt from the drainage plan preparation provisions of this Part, except as cited in Subsection 3, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code. If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this Part, preparation of a new drainage plan, subject to the provisions of this Part, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original drainage plan.
3. 
These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property and state water quality requirements. These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
4. 
No exemptions shall be provided for regulated activities as defined in § 8-203, Subsection 2E, F and G.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2022-03, 10/25/2022]
Should any section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2022-03, 10/25/2022]
Approvals issued pursuant to this Part 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.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
Notwithstanding any provisions of this Part, 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.
[Ord. No. 2022-03, 10/25/2022]
Any other ordinance provision(s) or regulation of the Township inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.
[Ord. No. 2022-03, 10/25/2022]
Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Township purporting to validate such a violation.
[Ord. No. 2022-03, 10/25/2022]
1. 
If the Township determines that any requirement under this Part cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this Part, subject to Section § 8-210, Subsections 2 and 3.
2. 
Waivers or modifications of the requirements of this Part may be approved by the Township if enforcement will exact undue hardship because of particular conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of this Part is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the Ordinance. A request for modification shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the Part involved and the proposed modification.
3. 
No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by the Department of Environmental Protection (DEP) or the Northampton County Conservation District.