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Allentown City Zoning Code

§ 28-14.1

Scope and Purpose.

[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 30-13.2.
c. 
Applicability.
1. 
This section shall be applicable to the following major developments:
(a) 
Non-residential major developments; and
(b) 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This Section shall also be applicable to all major developments undertaken by the Borough of Allentown.
3. 
An application required by ordinance pursuant to paragraph c1 above that has been submitted prior to October 24, 2023 shall be subject to the stormwater management requirements in effect on October 23, 2023.
4. 
An application required by ordinance for approval pursuant to paragraph c1 above that has been submitted on or after March 2, 2021, but prior to October 24, 2023, shall be subject to the stormwater management requirements in effect on October 23, 2023.
5. 
Any application required pursuant to paragraphs a and b above, which has not received preliminary approval prior to the effective date of this section shall be subject to the provisions of this section.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and 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. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This Section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.