How Allentown Handles Environmental Rules: A Practical Guide

Allentown maintains 134 local ordinances across all categories, and 5 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Allentown falls on the strict-to-permissive spectrum compared to other cities.

Stormwater Management

Allentown regulates land development, subdivision, and new impervious surfaces over 10,000 sq ft under Chapter 538, Stormwater Management. A drainage plan meeting BMP and water-quality standards must be filed with the Planning Bureau or building permit officer before work proceeds.

Key details: Exemption threshold: 10,000 sq ft or less added impervious cover. Governing chapter: Code Ch. 538, adopted Ord. No. 14476 (2007). Civil penalty: Up to $500 plus costs per violation. Reviewing body: City Engineer; large projects also to LVPC. Waiver limit: Water-quality provisions cannot be waived.

A violation of Chapter 538 is deemed a public nuisance, and each day a violation continues is a separate offense. In a civil enforcement proceeding before a Magisterial District Judge, a violator faces a judgment of not more than $500 plus court costs and the City's reasonable attorney's fees. If the violator shows a good-faith basis for believing there was no violation, only one violation is counted through the fifth day after the judge's determination, after which each additional day again counts separately. The City may also suspend or revoke permits for noncompliance, and the Solicitor may seek injunctive or mandamus relief; appeals go through the Pennsylvania Municipalities Planning Code process.

Flood Zones

Allentown requires a Floodplain Manager permit before any construction or development in an identified floodplain area. The city maps floodway, AE, A, AO and AH zones off FEMA's July 16, 2004 Flood Insurance Rate Maps, and floodway encroachments generally need a no-rise engineering study.

Key details: Permit authority: Floodplain Manager, § 298-4. Governing maps: FEMA FIRM/FIS dated 7-16-2004. Floodway rule: No-rise study required for encroachment. Max fine: $600 plus costs, or 90 days. Appeal deadline: 30 days to Zoning Hearing Board.

Under § 298-19, failing to comply with Chapter 298 or with a Floodplain Manager notice or order is punishable, upon conviction, by a fine of up to $600 plus prosecution costs, imprisonment of up to 90 days, or both, with each day of continued noncompliance treated as ongoing. The city may also pursue an equity action, and a noncompliant structure or use can be declared a public nuisance and abated.

This is one of the stricter rules in Allentown's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Flood Elevation Requirements

Allentown's flood code defines the regulatory flood elevation as the FEMA base flood elevation plus a 1.5-foot freeboard safety factor, applied to utilities and ductwork too. New or substantially improved residential structures in AE, A1-30 and AH zones must have their lowest floor built at or above that elevation.

Key details: Freeboard factor: 1.5 feet above base flood elevation. Applies to: Lowest floor, utilities and ductwork. AO Zone rule: Elevate to FIRM depth number. Basements: Prohibited in floodplain, § 298-27C. A-Zone fallback: 3 ft above highest adjacent grade.

Chapter 298's general enforcement provision, § 298-19, applies here too: building below the required regulatory flood elevation without complying is punishable by a fine up to $600 plus prosecution costs, up to 90 days imprisonment, or both, and the Floodplain Manager can declare a noncompliant structure a public nuisance subject to abatement until the elevation deficiency is corrected.

This is not one of those rules that cities tend to ignore. Allentown actively enforces its flood elevation requirements requirements.

Erosion Control

Any land development in Allentown that exceeds the code's disturbance thresholds needs an approved erosion and sediment control plan before earthmoving starts. The City requires the plan be designed by a registered professional, sets numeric standards for diversion terraces, sedimentation basins and stabilization, and can require a performance bond plus $100,000 liability insurance before issuing permits.

Key details: Governing chapter: Code § 355 (Land Development Controls). Plan preparer: Registered professional required (§ 355-8). Max violation fine: $1,000 plus costs per offense. Jail exposure: Up to 90 days if unpaid. Insurance minimum: $100,000 property/injury coverage.

Violating any provision of Chapter 355, including working without an approved plan or ignoring required control measures, is a summary offense punishable by a fine of not more than $1,000 plus costs of prosecution and up to 90 days in jail if the fine goes unpaid; each day a violation continues counts as a separate offense. Stormwater discharge violations that damage human health or aquatic ecosystems through high-volume pollutant releases carry the same $1,000 fine and 90-day jail exposure (§ 355-25).

Vehicle Idling Restrictions

Allentown's zoning code doesn't set a citywide idling limit for all vehicles, but every off-street loading space in the city must post signage banning engine idling beyond five minutes. Zoning Ordinance § 660-93.E requires that posting wherever a loading area is required under Chapter 660's loading standards, covering delivery trucks queued at commercial, industrial, or warehouse docks.

Key details: Idling limit: 5 minutes at loading spaces. Governing section: § 660-93.E. Applies to: required off-street loading spaces. Not citywide: no general street idling cap. Max penalty: $500 per day.

Failing to post the required 'no idling beyond five minutes' signage at a loading space, or permitting idling past that limit, is enforceable by the Zoning Officer under § 660-123. Officers can order compliance, and an owner who does not post signage or correct the violation faces a civil judgment of up to $500 per day under § 660-123.D(1), each day a separate offense.

The Bottom Line

Allentown is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Allentown, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Allentown's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.