(A) Any regulated activity that meets the following exemption criteria is exempt from the part(s) of this chapter as specified herein. However, the requirements of the chapter shall otherwise remain in effect. The criteria for exemption in this section apply to the total development proposed, including instances in which the development is proposed to take place in phases. The date of enactment of this chapter shall be the starting point from which future development and the respective proposed impervious surface computations shall be cumulatively considered and regulated.
(B) Exemption shall not relieve an applicant from implementing such measures as necessary to meet the intent of this chapter, or compliance with any NPDES permit requirements.
(1) (a) Regulated activities that create impervious areas equal to or less than those set forth on Table 1 (cumulative) shall be exempt from the SWM site plan preparation requirements of this chapter, provided the activity will not adversely affect downstream property owners and will not cause erosion. The borough reserves the right to have its designee make the determination of adverse affect after review of the stormwater permit application and review of the proposed site.
(b) Subject to the requirements of § 111, and notwithstanding the provisions of this division (B)(1) and Table 1, activities that would otherwise be regulated activities pursuant to this chapter but are 100 square feet or less shall be exempt from the stormwater management site plan preparation, volume control, peak rate control and municipal review and approval provisions of this chapter provided that the regulated activity does not adversely affect adjoining properties or cause erosion. A stormwater permit application must still be submitted for record purposes. All new impervious surfaces shall be considered in the cumulative totals in determining exemption status.
(2) Regulated activities that do not receive an exemption from SWM site plan preparation requirements per division (B)(1) above or regulated activities that create impervious areas greater than those set forth on Table 1 (cumulative) may qualify for submission of a simplified SWM site plan per § 53.060(D). The borough’s designee shall determine if a simplified SWM site plan may be submitted in lieu of a full SWM site plan (per § 53.060) after review of the stormwater management permit application and review of the proposed site. The simplified SWM site plan must demonstrate that the proposed activity will not adversely affect adjoining property owners or cause erosion.
(3) Agricultural activity is exempt from the SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102 and no adverse impacts to adjoining property owners will occur because of stormwater run-off.
(4) Forest management and timber operations may be exempt from the SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102 and no adverse impacts to adjoining property owners will occur because of stormwater run-off.
(5) Domestic gardening and landscaping are exempt from specific approval and permitting under this chapter so long as those activities are associated with one, and only one, dwelling unit and the activities comply with all other applicable ordinances and statutes.
(6) Exemptions from certain provisions of this chapter shall not relieve the applicant from the requirements in § 53.040(D) through (O).
(7) The municipality may deny or revoke any exemption pursuant to this section at any time for any project that poses a threat to public health, safety, property or the environment.
Table 1
| |
Existing lot size | Maximum new impervious area cumulative per division (B)(1) above |
0 to 0.25 acres | 250 sq. ft. |
Greater than 0.25 to 0.50 acres | 500 sq. ft. |
Greater than 0.50 to 0.75 acres | 750 sq. ft. |
Greater than 0.75 acres | 1,000 sq. ft. |
(Ord. 2013-2, passed 10-7-2013)