No final subdivision/land development plan shall
be approved, no permit authorizing construction shall be issued, nor
an earth moving or land disturbance activity initiated, until the
final stormwater management plan for the site is approved in accordance
with the provisions of this chapter.
The following activities are specifically exempt from the plan preparation provisions of this chapter unless the municipality determines that the activity is likely to, has, or will negatively impact the purposes and objectives set forth in Article
I. For example, where an activity occurs on very steep terrain or where an activity is the latest in a series of incremental developments expected to cause pronounced stormwater impacts, it may be that these activities will be required to comply with the plan preparation requirements contained herein even though their activities qualify under the listing in this section. Upon making such determination, the municipality shall give notice in writing to the landowner and the developer, if known, and direct the landowner and any developer to immediately cease and desist all activity and affirmatively comply with the formal plan, submission, and approval procedures of this chapter. Exemption shall not relieve the applicant from providing adequate stormwater management to meet the purpose of this chapter.
A. Any regulated activity that would create 10,000 square
feet or less of impervious area. This criteria shall apply to the
total development even if development is to take place in phases.
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
for the purposes of this exemption criteria.
B. Use of land for gardening for home consumption.
C. Agriculture, when operated in accordance with a conservation
plan or erosion and sedimentation control plan prepared by the County
Conservation District. The agricultural activities such as growing
crops, rotating crops, filling of soil and grazing animals and other
such activities are specifically exempt from complying with the requirements
of this chapter when such activities are conducted in accordance with
a conservation plan prepared by the County Conservation District.
The construction of buildings, parking lots or any activity that may
result in impervious surface which increases the rate and volume of
stormwater runoff shall comply with the requirements of this chapter.
D. 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 erosion and sedimentation
control plan.