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.
C. Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
2. The applicant must demonstrate that the following BMPs are being utilized to the maximum extent practicable to receive consideration for the exemptions:
A. Design around and limit disturbance of floodplains, wetlands, natural slopes over 15 percent, 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.
F. Direct runoff to pervious areas.
3. The applicant must demonstrate that the proposed development/additional impervious area will 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.
F. Downstream property owners.
4. 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 according to the following table:
New Impervious Area 1 [Since the Date of Adoption of this Chapter] (Square Footage) | Applicant must Submit to the Municipality |
0 - 1,000 | — |
1,000 - 5,000 | Volume Controls and SWM Site Plan and Report |
> 5,000 | Rate Controls, Volume Controls, SWM Site Plan and Report and Record Drawings |
5. 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 Municipality may accept alternative stormwater management controls provided that:
A. The applicant, in consultation with the Municipality, PADEP and/or DCED, states that meeting the requirements of the volume controls or rate controls of this Chapter is not possible or creates an undue hardship.
B. The alternative stormwater management controls, proposed by the applicant, are documented to be acceptable to the Municipality, PADEP and/or DCCD for NPDES requirements pertaining to post construction stormwater management requirements.
C. The alternative stormwater management controls are in compliance with all other sections of this Chapter, including but not limited to §§23-301.4, 23-302.1, 23-302.2 and 23-302.3.
6. Forest management and timber operations are exempt from rate and volume control requirements 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.
7. Agricultural activities are exempt from the requirements of this Chapter provided the activities are performed according to the requirements of 25 Pa.Code, Chapter 102.
8. Linear roadway improvement projects that create additional impervious area are not exempt from the requirements of this Chapter. However, alternative stormwater management strategies may be applied at the joint approval of the Municipality and the Dauphin 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.
9. The Municipality may, after an applicant has demonstrated compliance with §§23-302.1, 23-302.2, and 23-302.3, grant a modification of the requirements of one or more provisions of this Chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Chapter is observed.
A. All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the Ordinance involved, and the minimum modification necessary.
(Ord. 11-01, 2/8/2011, §302)
Notes
| 1 | Gravel in the existing condition shall be considered pervious and proposed gravel shall be considered impervious. |