§ 26-122. Exemptions.
   1.   Exemptions from plan preparation. The following activities may be exempt from the plan preparation and submission provision of this Part, but shall remain subject to the minimum design standards and criteria specified in this Part (and erosion and sediment pollution control requirements):
      A.   Non-commercial home gardening;
      B.   Agriculture, when operated in accordance with an approved conservation plan, or erosion and sedimentation control plan;
      C.   Regulated activities where the total impervious area associated with such activities will be less than 5,000 square feet.
      D.   Regulated activities where the applicant/developer can satisfactorily demonstrate that downstream properties, ground water, and waters of the Commonwealth will not be harmed if the total impervious areas associated with such activities would exceed 5,000 square feet.
      E.   Forest management conducted in accordance with an approved erosion and sediment pollution control plan may be exempt from the plan preparation and submission provisions of this Part; however, a plan showing the location, extent, and description of the proposed forest management activities must be submitted to the Municipality and its Engineer for review, and for a determination regarding the requirements to prepare and submit a storm water management plan in accordance with this Part. Forest management activities may not be conducted until the Municipality and its Engineer complete their review of the plan showing the location, extent, and description of the proposed forest management activities; and until the Municipality and its Engineer approve any required storm water management plan for the proposed forest management activities. Forest management activities involving timber harvesting in preparation for future land development are not exempt from the plan preparation and submission provisions of this Part.
   2.   The Municipality and its Engineer shall review all regulated activities to determine if the activity or activities may be exempt from the plan preparation and submission provisions of this Part.
   3.   All regulated activities that do not fall under the exemption criteria referenced above shall submit a drainage plan to the Municipality for review. These criteria shall apply to the total proposed development, even if development is to take place in stages. Impervious cover shall include, but not be limited to, any roof, parking, or driveway areas; and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious.
(Ord. 4-09-2007, 4/9/2007, §302; as amended by Ord. 07-05-2017, 7/5/2017)