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(A) Under no circumstance shall the applicant be exempt from implementing such measures as necessary to:
(1) Meet state water quality standards and requirements;
(2) Protect health, safety and property; or
(3) Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
(B) The applicant must utilize the following BMPs to the maximum extent practicable to receive consideration for the exemptions:
(1) Design around and limit disturbance of floodplains, wetlands, natural slopes over 15%, existing native vegetation and other sensitive and special value features;
(2) Maintain riparian and forested buffers;
(3) Limit grading and maintain non-erosive flow conditions in natural flow paths;
(4) Maintain existing tree canopies near impervious areas;
(5) Minimize soil disturbance and reclaim disturbed areas with topsoil and vegetation; and
(6) Direct runoff to pervious areas.
(C) The applicant’s proposed development/additional impervious area may not adversely impact the following:
(1) Capacities of existing drainageways and storm sewer systems;
(2) Velocities and erosion;
(3) Quality of runoff if direct discharge is proposed;
(4) Existing known problem areas;
(5) Safe conveyance of the additional runoff; and/or
(6) Downstream property owners.
(D) An applicant proposing regulated activities, after demonstrating compliance with divisions (A) through (C) above may be exempted from various requirements of this chapter according to the following table.
New Impervious Area (Square Footage) 1,2
Applicant Must Provide
Documentation of impervious area 3
Volume controls and small project SWM application
Rate controls, volume controls and SWM Site Plan
(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 E may be used for projects under 5,000 square feet of new impervious surface and single-family home construction. The small project SWM application allows documentation of new impervious surface, credits through disconnection of impervious surfaces and free planting, and sizing of volume control BMPs that may be required.
(E) Single-family residential activities are exempt from these requirements provided the construction:
(1) Comply with § 152.020(G) and divisions (A) through (C) above;
(2) Have building setback 75 feet from downstream property lines;
(a) Runoff must discharge onto pervious surface with a gravel strip or other spreading device;
(b) No more than 1,000 square feet of paved surface may discharge to any one point; and
(c) The length of flow on the pervious must exceed the length of the paved surface flow.
(4) The municipality 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.
(F) An applicant proposing regulated activities, after demonstrating compliance with divisions (A) through (C) above, 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, human-made wetlands or other BMP) has been designed or modified to address the potential stormwater flooding and volume impacts of the proposed development.
(G) The purpose of this section 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 city may accept alternative stormwater management controls under this section provided that:
(1) The city, in consultation with the PADEP (or delegated authority), determines that meeting the volume control requirements (see § 152.023) is not possible or places an undue hardship on the applicant.
(2) The alternative controls are documented to be acceptable to PADEP, or delegated authority, for NPDES requirements pertaining to post construction stormwater management requirements.
(3) The alternative controls are in compliance with all other sections of this chapter, including but not limited to, § 152.020(D) and divisions (A) through (C) above.
(H) Agricultural activity is exempt from the rate control and SWM Site Plan preparation requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(I) 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.
(J) The city may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
(Ord. 1508, passed 12-20-2010)