§ 505-142. Exemptions.

   A.   General exemptions. The following land use activities are exempt from the drainage plan submission requirements of this Part:

      (1)   Use of land for gardening for home consumption.

      (2)   Agriculture when operated in accordance with a conservation plan or erosion and sediment control plan (E & S) found adequate by the Conservation District.

      (3)   Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved E & S plan and must comply with stream buffer requirements in § 505-126B(6). A copy of the approved E & S plan shall be submitted to the municipality to prove exemption from the requirements of the stormwater ordinance.

   B.   Stormwater quantity control exemption.

      (1)   Any regulated activity that meets the impervious area exemption criteria in Table 505-142.1 or Table 505-142.2 shall not be required to submit a drainage plan implementing the stormwater quantity controls, specified in § 505-128 of this Part. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the parent tract prior to adoption of this Part shall not be considered in cumulative impervious area calculations for exemption purposes.

Table 505-142.1
Impervious Area Exemption Criteria for Schuylkill River Watershed

Total Parcel Size (acres)	Impervious Area Exemption (square feet)
0 to < 0.125	1,000
0.125 to < 0.5	2,500
0.5 to < 1	5,000
1 to < 2	7,500
2 to < 3	10,000
3 to < 4	12,500
≥ 4	15,000

 

Table 505-142.2
Impervious Area Exemption Criteria for Tulpehocken Creek Watershed

 

Total Parcel Size (acres)	Impervious Area Exemption (square feet)
0 to 0.25	2,500
0.25 to 1	5,000
1 to 2	10,000
2 to 5	15,000
> 5	20,000

 

      (2)   Applicants whose activities are exempted under Subsection B above shall still be required to meet the groundwater recharge (§ 505-125), water quality (§ 505-126), and stream bank erosion (§ 505-127) controls of this Part. Drainage plans in accordance with §§ 505-143A(2), 505-143B(7), (8), (11), (15) and (22) and 505-143D(2) must still be submitted. Any exemption must first be approved by the municipality.

   C.   Additional exemption criteria.

      (1)   Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property. An exemption shall not relieve the applicant from providing adequate stormwater management for regulated activities to meet the purpose of this Part; however, drainage plans will not have to be submitted to the municipality.

      (2)   HQ and EV streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 505-124), groundwater recharge (§ 505-125), water quality (§ 505-126), and stream bank erosion (§ 505-127).

      (3)   Drainage problems. If a drainage problem is documented or known to exist downstream of, or expected from the proposed activity, then the Municipality may require a drainage plan submittal.

      (4)   All regulated activities occurring in drainage areas tributary to waters designated HQ/ EV pursuant to 25 Pa. Code, Chapter 93, shall not change any biological, chemical, or physical characteristics, including volume, rate, velocity, course, current, cross section, or temperature of the waters, unless the activity is specifically permitted in accordance with the environmental laws of the commonwealth.