Bensalem, PA Environmental Rules: Stormwater Management (2026)
Key Facts
- Exempt impervious threshold
- 1,000 sq ft or less
- Partial exemption threshold
- 1,001-5,000 sq ft (peak rate only)
- BMP inspection frequency
- Annual for 5 yrs, then every 3 yrs
- Max fine per violation
- $1,000.00 per day, misdemeanor
- Appeal deadline
- 30 days to Zoning Hearing Board
- Revoked permit
- Cannot be reinstated, must reapply
Summary
Bensalem Township regulates stormwater under Chapter 196, requiring a site plan and permit for most land development and earth disturbance. Projects creating over 1,000 square feet of new impervious surface must control runoff volume and peak rate; violations carry misdemeanor fines up to $1,000 per day.
Sec. 196-6. - Exemptions. (a)Regulated activities that create impervious surfaces smaller than or equal to 1,000 square feet do not have to apply the volume control requirements of this chapter. Regulated activities of this size are exempt from the peak rate control requirements and the SWM site plan preparation located in article IV of this chapter. ... (b)Regulated activities that create impervious surfaces between 1,001 square feet up to and including 5,000 square feet are exempt only from the peak rate control requirements of this chapter. ... Sec. 196-130. - Penalties. (a)Any person violating the provisions of this chapter shall ... guilty of a misdemeanor and upon conviction, shall be subject to a fine of not more than $1,000.00 for each violation recoverable with costs. Each day that the violation continues shall constitute a separate offense and the applicable fines are cumulative.
Full Breakdown
Township Code § 196-5 subjects all regulated activities affecting stormwater runoff, including land development, subdivisions, new or reconstructed impervious surfaces, new buildings, redevelopment and channel diversions, to Chapter 196. Section 196-6 exempts activities creating 1,000 square feet or less of new impervious surface from volume control and site-plan requirements, and activities of 1,001 to 5,000 square feet from peak-rate control only; anything over 5,000 square feet gets no exemption, per Table 106.1. Agricultural activity and forest management are exempt from peak-rate and site-plan rules if performed under 25 Pa.
Code Chapter 102, and the Township Engineer, with Council's concurrence, may waive a mandatory provision for hardship under § 196-6(h). Section 196-127 requires landowners or their designees to inspect stormwater BMPs annually for the first five years, then every three years, and after any ten-year or greater storm. Enforcement under § 196-128 lets the Municipality order compliance by written notice specifying required remedies (monitoring, ending prohibited discharges, remediation, fines for costs, BMP implementation) and a correction deadline; failing to comply lets the Township do the work itself and bill the violator, on top of Chapter 196 penalties.
Section 196-129 allows the Township to suspend or revoke a stormwater permit for noncompliance, a chapter violation, or creating a hazard or nuisance; a revoked permit cannot be reinstated, only reapplied for. Fees for SWM site plan review and inspection are set by Board of Supervisors resolution under § 196-86, and no work permit issues until those fees are paid.
Violations & Fines
Section 196-130(a) makes any Chapter 196 violation, including unreasonable delay in allowing Township access to a stormwater facility, a misdemeanor punishable by a fine up to $1,000.00 per violation plus costs, with each day of continued violation a separate offense. The Township Solicitor may also seek injunctive relief, mandamus or other equitable remedies under § 196-130(b). Appeals from a Township or designee decision go to the Zoning Hearing Board within 30 days under § 196-131(a), citing MPC § 909.1(9).
Frequently Asked Questions
Does Bensalem require a stormwater permit for small projects?
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Sources & Official References
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