§ 1043.06 EXEMPTIONS.

   (a)   Generally. An exemption shall not relieve the applicant from implementing the requirements of the municipal regulations or from implementing such measures as are necessary to protect public health, safety and property. An exemption shall not relieve the applicant from complying with the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters or any other current or future state or municipal water quality protection requirements. If a drainage problem is documented or known to exist downstream of, or is expected from the proposed activity, then the municipality may withdraw exemptions listed in Table 1 and require the applicant to comply with all requirements of this chapter. Even though the applicant is exempt, he or she is not relieved from complying with other municipal ordinances or regulations.

   (b)   General exemptions.

      (1)   Table 1 summarizes the exemptions from certain provisions of this chapter. Exemptions are for the items noted in Table 1 only, and shall not relieve the applicant from other applicable sections of this chapter.

      (2)   Any regulated activity that is exempt from some provisions of the chapter is exempt only from those provisions. If development is to take place in phases, the developer is responsible for implementing the requirements of the chapter as the impervious cover/earth disturbance threshold is met. The date of the municipal regulations adoption shall be the starting point from which to consider tracts as “parent tracts” in which future subdivisions and respective impervious area and earth disturbance computations shall be cumulatively considered. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety and property. For example:

 

If a property owner proposes a 150 square foot shed after adoption of the municipal stormwater management chapter, that property owner would be exempted from water quality and quantity requirements of the chapter as noted in Table 1 of the chapter. If, at a later date, the property owner proposes to construct a 499 square foot room addition, the applicant would be required to comply with the requirements for the Simplified Method for the full 649 square feet of impervious cover created since adoption of the municipal chapter. If an additional 700 square foot swimming pool/patio is proposed later, the property owner would be required to implement the full stormwater quantity and quality control submission requirements of this chapter for the total 1,349 square feet of additional impervious surface added to the original property since adoption of the municipal regulations.

 

Table 1: Chapter Exemptions
Section	Type of Project	Proposed Impervious Surface			Earth Disturbance
		0—499 Sq. Ft.	500—999 Sq. Ft.	1,000+ Sq. Ft.	0—4,999 Sq. Ft. Disturbance	5,000 Sq. Ft.— < 1 Acre	1 Acre
§§ 1043.12— 1043.21 SWM Site Plan Requirements	Development Redevelopment	Exempt	Not Exempt Simplified Approach	Not Exempt	Exempt	Modified1	Not Exempt
§ 1043.15 Nonstructural project design	Development Redevelopment	Exempt	Not exempt Simplified approach	Not exempt	Exempt	Not exempt	Not exempt
§ 1043.16 Infiltration volume requirements	Development Redevelopment	Exempt	Not exempt Simplified approach	Not exempt	Exempt	Exempt	Not exempt
§ 1043.17 Water quality requirements	Development Redevelopment	Exempt	Not exempt Simplified approach	Not exempt	Modified2	Modified2	Not exempt
§ 1043.18 Stream bank erosion requirements	Development Redevelopment	Exempt	Not exempt Simplified approach	Not exempt	Exempt	Exempt	Not exempt
§ 1043.19 Stormwater peak rate control and management districts	Development Redevelopment	Exempt	Exempt	Not exempt	Exempt	Not Exempt	Not exempt
Erosion and sediment pollution control requirements	Must comply with 25 Pa. Code Ch. 102 and other applicable state and municipal codes, including the Clean Streams Law, being 35 P.S. §§ 69.1 et seq.						Not exempt
Legend:
•   “Proposed Impervious Surface” in Table 1 includes new, additional or replacement impervious surface/cover as part of development or redevelopment
•   Exempt - Exempt from required section provision only - SWM site plan submission may still be required if other section provisions are applicable
•   Modified1 - Modified SWM site plan need only consist of items in §§ 1043.23(b)(1)B., (b)(1)D., (b)(2)G., (b)(2)H., (b)(2)K., (b)(2)V., (d)(1) and (d)(3) and related supportive material needed to determine compliance with §§ 1043.15 and 1043.19. Modified SWM site plan is required that includes all elements of § 1043.15, as applicable
•   Modified2 - Modified SWM site plan need only consist of items and related material needed to determine compliance with § 1043.17(c)
•   Simplified approach - Must comply with provisions of Appendix B
•   Redevelopment - See § 1043.19 for alternate stormwater peak rate control criteria

 

   (c)   Exemptions for specific activities.

      (1)   Use of land for gardening or home consumption;

      (2)   Agriculture when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the County Conservation District, including activities such as growing crops, rotating crops, tilling soil and grazing animals. For agriculture with an approved conservation plan, installation of new or expansion of existing farmsteads, animal housing, waste storage and production areas having impervious surfaces that result in a net increase in impervious surface of between 500 to 999 square feet shall apply the simplified approach, and net increases in impervious surface of greater than or equal to 1,000 square feet shall be subject to the provisions of this chapter;

      (3)   Forest management operations which are following the Department of Environmental Protection’s (PennDEP) management practices contained in its publication “Soil Erosion and Sedimentation Control Guidelines for Forestry”, are operating under an approved erosion and sedimentation plan, and must comply with the stream buffer requirements in § 1043.17(c);

      (4)   Repaving without reconstruction;

      (5)   Emergency exemption: emergency maintenance work performed for the protection of public health, safety, and welfare. A written description of the scope and extent of any emergency work performed shall be submitted to the municipality within two calendar days of the commencement of the activity. If the municipality finds that the work is not an emergency, then the work shall cease immediately, until a stormwater site-plan in accordance with this chapter is submitted and approved by the municipality; and

      (6)   Maintenance exemption: any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Municipal Engineer or municipality.

(Ord. 928, passed 6-18-2014)