[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; and the Act of the 1968 General Assembly No. 247, the
"Pennsylvania Municipalities Planning Code."
[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:
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.