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 Ordinance 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. 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.
A. Regulated activities that create DIAs equal to or less than 1,000
square feet are exempt from the peak rate control and the SWM site
plan preparation requirements of this chapter.
B. Regulated activities that create DIAs greater than 1,000 square feet
and equal to or less than 5,000 square feet are exempt only from the
peak rate control requirement of this chapter.
C. Agricultural activity is exempt from the rate control and SWM site
plan preparation requirements of this chapter, provided the activities
are performed according to the requirements of 25 Pa. Code 102.
D. Forest management and timber operations are exempt from the rate
control and SWM site plan preparation requirements of this chapter,
provided the activities are performed according to the requirements
of 25 Pa. Code 102.
E. 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.
F. Exemptions from certain provisions of this chapter shall not relieve the applicant from the requirements in §
113-12D through
N of this chapter.
G. The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township determines poses a threat
to public health, safety, property or the environment.
[Added 10-27-2022 by Ord. No. 22-09]
A. If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to §
113-13.1B and
C.
B. Waivers
or modifications of the requirements of this chapter may be approved
by the municipality if enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that the modifications will not be contrary to the public interest
and that the purpose of this chapter is preserved. Cost or financial
burden shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of this chapter. A request for modifications
shall be in writing and accompany the stormwater management site plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of this chapter involved and the proposed
modification.
C. No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
municipality unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.
The low-impact development practices provided in the BMP Manual
shall be utilized for all regulated activities to the maximum extent
practicable. Water volume controls shall be implemented using the
Design Storm Method in Subsection A or the Simplified Method in Subsection
B below. For regulated activity areas equal or less than one acre
that do not require hydrologic routing to design the stormwater facilities,
this chapter establishes no preference for either methodology; therefore,
the applicant may select either methodology on the basis of economic
considerations, the intrinsic limitations on applicability of the
analytical procedures associated with each methodology, and other
factors.
A. The Design Storm Method (CG-1 in the BMP Manual) is applicable to
any size of regulated activity. This method requires detailed modeling
based on site conditions.
(1) Do not increase the post-development total runoff volume for all
storms equal to or less than the two-year twenty-four-hour duration
precipitation.
(2) For modeling purposes:
(a)
Existing (predevelopment) non-forested pervious areas must be
considered meadow.
(b)
Twenty percent of the existing impervious area of a project
site, when present, shall be considered meadow in the model for existing
conditions.
B. The Simplified Method (CG-2 in the BMP Manual) provided below is
independent of site conditions and should be used if the Design Storm
Method is not followed. This method is not applicable to regulated
activities greater than one acre or for projects that require design
of stormwater storage facilities. For new impervious surfaces:
(1) Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
(2) At least the first one inch of runoff from new impervious surfaces
shall be permanently removed from the runoff flow, i.e., it shall
not be released into the surface waters of this commonwealth. Removal
options for the first one inch of runoff include reuse, evaporation,
transpiration, and infiltration.
(3) Wherever possible, infiltration facilities should be designed to
accommodate infiltration of the entire permanently removed runoff;
however, in all cases at least the first 0.5 inch of the permanently
removed stormwater runoff shall be infiltrated.
(4) This method is exempt from the requirements of §
113-15, Rate controls.
[Added 10-27-2022 by Ord. No. 22-09]
A. In order
to protect and improve water quality, a riparian buffer easement shall
be created and recorded as part of any subdivision or land development
that encompasses a riparian buffer.
B. Except as otherwise required by §
113-12, the riparian buffer easement shall be measured to be the greater of the limit of the 100-year floodplain or a minimum of 35 feet from the top of the streambank (on each side).
C. Minimum
management requirements for riparian buffers.
(1) Existing native vegetation shall be protected and maintained within
the riparian buffer easement.
(2) Whenever practicable, invasive vegetation shall be actively removed
and the riparian buffer easement shall be planted with native trees,
shrubs and other vegetation to create a diverse native plant community
appropriate to the intended ecological context of the site.
D. The
riparian buffer easement shall be enforceable by the municipality
and shall be recorded in the appropriate County Recorder of Deeds
office, so that it shall run with the land and shall limit the use
of the property located therein. The easement shall allow for the
continued private ownership and shall count toward the minimum lot
area required by zoning, unless otherwise specified in the municipal
Zoning Ordinance.
E. Any
permitted use within the riparian buffer easement shall be conducted
in a manner that will maintain the extent of the existing 100-year
floodplain, improve or maintain the stream stability, and preserve
and protect the ecological function of the floodplain.
F. The
following conditions shall apply when public and/or private recreation
trails are permitted within riparian buffers:
(1) Trails shall be nonmotorized use only.
(2) Trails shall be designed to have the least impact on native plant
species and other sensitive environmental features.
G. Septic drain fields and sewage disposal systems shall not be permitted within the riparian buffer easement and shall comply with setback requirements established under 25 Pa. Code Chapter
73.