(A) Impervious cover. Any proposed regulated activity, except those defined in § 153.005(B)(5) and (B)(6), which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter. All of the impervious cover added incrementally to a site above the initial 10,000 square feet shall be subject to the drainage plan preparation provisions of this chapter. If a site has previously received an exemption and is proposing additional development such that the total impervious cover on the site exceeds 10,000 square feet, the total impervious cover on the site proposed since the original ordinance date must meet the provisions of this chapter.
(1) The date of the borough ordinance adoption of the original Bushkill Creek Act 167 Stormwater Management Ordinance, June 7, 1993, 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.
(2) For development taking place in stages, the entire development plan must be used in determining conformance with these criteria.
(3) Additional impervious cover shall include, but not be limited to, additional indoor living spaces, decks, patios, garages, driveways, storage sheds and similar structures, any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity.
(4) Any additional areas proposed to initially be gravel, crushed stone, porous pavement and the like, shall be assumed to be impervious for the purposes of comparison to the exemption criteria. Any existing gravel, crushed stone or hard packed soil areas on a site shall be considered as pervious cover for the purpose of exemption evaluation.
(B) Prior drainage plan approval. Any regulated activity for which a drainage plan was previously prepared as part of a subdivision or land development proposal that received preliminary plan approval from the borough prior to the effective date of this chapter is exempt from the drainage plan preparation provisions of this chapter, except as cited in division (C) below, provided that the approved drainage plan included design of stormwater facilities to control runoff from the site currently proposed for regulated activities consistent with ordinance provisions in effect at the time of approval and the approval has not lapsed under the Municipalities Planning Code, 53 P.S. §§ 10101 et seq. If significant revisions are made to the drainage plan after both the preliminary plan approval and the effective date of this chapter, preparation of a new drainage plan, subject to the provisions of this chapter, shall be required. Significant revisions would include a change in control methods or techniques, relocation or redesign of control measures or changes necessary because soil or other conditions are not as stated on the original drainage plan.
(C) Implementation of measures.
(1) These exemptions shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, property and state water quality requirements.
(2) These measures include adequate and safe conveyance of stormwater on the site and as it leaves the site. These exemptions do not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
(D) Exemptions. No exemptions shall be provided for regulated activities as defined in § 153.005(B)(5) and (B)(6).
(Ord. 226-2007, passed 5-7-2007)