(A) General exemptions. The following land use activities are exempt from stormwater management requirements of §§ 151.025 through 151.035:
(1) Use of land for gardening for occupant’s home consumption;
(2) Agriculture when operated in accordance with a conservation plan, nutrient management plan or erosion and sedimentation control plan, approved by the Bucks County Conservation District, including activities such as growing crops, rotating crops, tilling of soil and grazing animals. Installation of new or expansion of existing farmsteads, animal housing, waste storage and production areas having impervious surfaces shall be subject to the provisions of this chapter unless exempt pursuant to division (B) below;
(3) Forest management operations following the DEP’s management practices contained in its publication Soil Erosion and Sedimentation Control Guidelines for Forestry and operating under an E&S plan approved by the Bucks County Conservation District which have a zoning permit approval by the township; and
(4) Public road replacement, replacement paving, repaving and/or maintenance.
(B) Regulated activities. All regulated activities as described in § 151.005 shall comply with the stormwater management requirements set forth herein, except those activities listed in the stormwater management exemption criteria tables provided below. Those activities listed in stormwater management exemption criteria tables are, to the extent stated herein, exempt from peak rate control requirements of § 151.026. An exemption, however, shall not relieve an applicant from meeting runoff volume requirements of § 151.027 for watersheds draining to high quality (HQ) or exceptional value (EV) waters.
(C) Site plan submission requirements. Any regulated activity that meets the exemption criteria established in this section is exempt from stormwater management site plan submission requirements of §§ 151.050 through 151.061. (Refer requirements of division (E) below.) Exemption criteria shall apply to the total development even if development is to take place in phases. The starting point from which to consider tracts as parent tracts is the effective date of this chapter. All impervious surface area constructed on or after the effective date of this chapter shall be considered cumulatively. Impervious surface existing on the parent tract prior to the date of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes. An exemption shall not relieve the applicant from implementing such stormwater control measures and erosion control measures as are necessary to protect health, safety and property.
(1) Regulated activities included within § 151.005(D) are exempt where the amount of impervious surface conforms to Table 1 below and the proposed location of this impervious surface on a parcel conforms to Table 2 below.
Total Parcel Area (acres) | Maximum Impervious Surface Area (square feet) |
Less than 0.5 | 1,000 |
0.5 to 1.0 | 2,500 |
Greater than 1.0 to 2.0 | 4,000 |
Greater than 2.0 to 5.0 | 5,000 |
Greater than 5.0 | 7,500 |
(2) Any impervious surface area meeting the exemption criteria listed under Table 1 above that is located within a setback (excluding driveway access) measured from the downslope property boundary shall conform to the Table 2 below.
Setback* (feet) | Maximum Impervious Surface Area Permitted Within the Setback (square feet) |
Setback* (feet) | Maximum Impervious Surface Area Permitted Within the Setback (square feet) |
10 | None permitted |
20 | 1,000 |
50 | 2,500 |
100 | 4,000 |
200 | 5,000 |
500 | 7,500
|
* The minimum setback distance is measured between the proposed impervious area (excluding driveway access) and/or stormwater control/structure discharge point to the downslope property boundary. The maximum allowable impervious surface area is the amount of impervious surface area permitted within the setback distance. For example, a total of 4,000 square feet of impervious surface is permitted within the 100-foot setback, of which none is permitted within the 10-foot setback, not more than 1,000 square feet is permitted within the 20-foot setback and not more than 2,500 square feet is permitted within the 50-foot setback. | |
(3) In lieu of meeting the minimum distance criteria set forth in Table 2 above, an applicant may provide documentation from a professional engineer registered in the commonwealth of the state that the increased flows from the site leave the site in the same manner as the predevelopment condition, and that there will be no adverse effects to properties along the path of flow(s). The township may require the aforementioned documentation on any site including a site meeting the minimum distance or parcel size criteria when deemed necessary at the sole discretion of the township.
(4) Regulated activities included within § 151.005(D) proposed on a parcel used for agricultural activity, deed restricted from further subdivision or containing a conservation easement restricting future development to not more than two dwellings which conform to the exemption criteria listed under Table 1 above or the exemption criteria listed under Table 3 below are exempt.
Total Parcel Area (acres) | Maximum Impervious Surface Area* (square feet) |
Greater than 5.0 to 10.0 | 7,500 |
Greater than 10.0 to 20.0 | 10,000 |
Greater than 20.0 to 50.0 | 15,000 |
Greater than 50.0 | 25,000 |
* Location of impervious surface must conform to Table 2. | |
(5) If an applicant receives an exemption for agricultural activity pursuant to § 151.006(C)(4) and the property is subdivided in the future for non-agricultural purposes, stormwater design for the subdivision must consider all impervious surface constructed after October 14, 2020, as meadow in good condition.
(6) Construction or reconstruction of buildings or additions to existing buildings or other impervious surface (activities regulated pursuant to § 151.005(D) are exempt where the following conditions are met:
(a) An area of impervious surface is removed within the same sub-watershed on the project site equal to, or in excess of, the proposed impervious surface area; and
(b) The area where existing impervious surface is removed pursuant to § 151.004(A) above must be restored with a minimum of eight inches of topsoil and stabilized groundcover.
(7) Lot line adjustment subdivisions are exempt when no increase in impervious surface is proposed.
(D) Simplified procedure for single family dwelling lots.
(1) Individual home construction projects and accessory structures on existing single-family lots which result in less than 2,500 square feet of new impervious area (including the building footprint, driveway, sidewalks and parking areas) and less than 5,000 square feet of earth disturbance, but do not meet exemption criteria of § 151.006(B) or are subject to the additional criteria of § 151.006(E) may utilize the simplified procedure within Appendix I to this chapter to meet requirements of this chapter and are not required to submit formal SWM site plans to the township.
(2) This procedure may not be utilized for, in conjunction with or concerning any proposed subdivision or land development.
(E) Additional exemption criteria.
(1) An exemption shall not relieve an applicant from implementing such measures as are necessary to protect the public health, safety and property.
(3) Where drainage problems are documented or known to exist downstream of, or are expected from, the proposed activity, the township may deny an exemption, at its sole discretion.
(F) Application for exemption. All applicants seeking an exemption from the stormwater management requirements of this chapter based upon criteria contained in this § 151.006 shall be required, at a minimum. To submit to the township the following documentation for review:
(1) Three copies of the completed township stormwater management application form;
(2) Stormwater management exemption review fee and escrow, as established by separate resolution of the township’s Board of Supervisors; and
(3) Three copies of a plot plan for the parcel, which is the subject of the exemption application, containing, at a minimum, the following information:
(a) Property boundaries and area of the site, based on deed information or field survey;
(b) Location map identifying the site relative to streets and other parcels in the vicinity of the site;
(c) Location of significant natural and existing human-made features, including wetlands, watercourses, woodlands, steep slopes, structures, parking areas, driveways, utilities, wells and septic systems within 200 feet of proposed impervious surface, regardless of the location of the property boundary;
(d) Location and dimensions of existing and proposed impervious surface and other improvements, with setbacks drawn to relate the location of same to property lines, streets and existing features;
(e) North arrow;
(f) Plan scale, as applicable;
(g) Information regarding existing/proposed topography and drainage patterns, within 200 feet of proposed impervious surface based on field survey, LIDAR and/or field observation; and
(h) Other information deemed necessary by the Township Engineer to determine compliance with exemption criteria contained in this section.
(Ord. 239, passed 10-14-2020; Ord. 248, passed 7-14-2021)