§ 23-302  EXEMPTIONS/MODIFICATIONS.
   1.   Under no circumstance shall the applicant be exempt from implementing such measures as necessary to:
      A.   Meet state water quality standards and requirements;
      B.   Protect health, safety and property; and
      C.   Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
   2.   The applicant must utilize the following BMPs to the maximum extent practicable to receive consideration for the exemptions:
      A.   Design around and limit disturbance of floodplains, wetlands, natural slopes over 15%, existing native vegetation, and other sensitive and special value features;
      B.   Maintain riparian and forested buffers;
      C.   Limit grading and maintain non-erosive flow conditions in natural flow paths;
      D.   Maintain existing tree canopies near impervious areas;
      E.   Minimize soil disturbance and reclaim disturbed areas with topsoil and vegetation; and
      F.   Direct runoff to pervious areas.
   3.   The applicant’s proposed development/additional impervious area may not adversely impact the following:
      A.   Capacities of existing drainageways and storm sewer systems;
      B.   Velocities and erosion;
      C.   Quality of runoff if direct discharge is proposed;
      D.   Existing known problem areas;
      E.   Safe conveyance of the additional runoff; and
      F.   Downstream property owners.
 
New Impervious Area 1,2 (Square Footage)
Applicant must Provide
0<5,000
No submission is required 3
5,000 and greater
Rate controls, volume controls and SWM site plan
NOTES:
1. New impervious area since the date of adoption of this Chapter.
2. Gravel in existing condition shall be considered pervious and gravel in proposed condition shall be considered impervious.
3. The Small Project Stormwater Management Application included in Appendix 23-E shall be used to document new impervious surface.
 
   4.   An applicant proposing regulated activities may be eligible for exemption from rate control, volume control or stormwater management site plan requirements in this Chapter according to the following table:
      A.   Table 302.1, Exemptions and Submission Requirements.
   5.   Single-family residential activities are exempt from these requirements, provided the construction:
      A.   Complies with §§ 23-301.7, 23-302.1, 23-302.2 and 23-302.3;
      B.   Have building set back 75 feet from downstream property lines; and
      C.   Driveways:
         (1)   Runoff must discharge onto pervious surface with a gravel strip or other spreading device;
         (2)   No more than 1,000 square feet of paved surface may discharge to any one point; and
         (3)   The length of flow on the pervious must exceed the length of the paved surface flow.
   6.   The township can require more information or require mitigation of certain impacts through installation of stormwater management BMPs if there is a threat to property, health or safety.
   7.   An applicant proposing regulated activities, after demonstrating compliance with §§ 23-302.1, 23-302.2 and 23-302.3, may be exempted from various requirements of this Chapter if documentation can be provided that a downstream human-made water body (i.e., reservoir, lake or human-made wetlands) has been designed or modified to address the potential stormwater flooding impacts of the proposed development.
   8.   The purpose of this Chapter is to ensure consistency of stormwater management planning between local ordinances and NPDES permitting (when required) and to ensure that the applicant has a single and clear set of stormwater management standards to which the applicant is subject. The township may accept alternative stormwater management controls under this Chapter; provided, that:
      A.   The township, in consultation with PADEP, determines that meeting the volume control requirements (see § 23-304) is not possible or places an undue hardship on the applicant;
      B.   The alternative controls are documented to be acceptable to PADEP for NPDES requirements pertaining to post construction stormwater management requirements; and
      C.   The alternative controls are in compliance with all other Parts of this Chapter, including but not limited to §§ 23-301.4 and 23-302.1-3.
   9.   Agricultural activity is exempt from the rate control and SWM site plan preparation requirements of this Chapter, provided the activity is performed according to the requirements of 25 Pa. Code Chapter 102.
   10.   Forest management and timber operations are exempt from the rate and volume control requirement and SWM site plan preparation requirement of this Chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102. It should be noted that temporary roadways are not exempt.
   11.   Linear roadway improvement projects that create additional impervious area are not exempt from the requirements of this Chapter. However, innovative and alternative stormwater management strategies may be applied at the joint approval of the township and the County Conservation District (if an NPDES permit is required) when site limitations (such as limited right-of-way) and constraints (as shown and provided by the applicant) preclude the ability of the applicant to meet the enforcement of the stormwater management standards in this Chapter. All strategies must be consistent with PADEP’s regulations, including NPDES requirements.
   12.   The township may deny or revoke any exemption pursuant to this Chapter at any time for any project that the township believes may pose a threat to public health, safety, property or the environment.
(Ord. 2011-04-11, passed 4-11-2011)