B.
Exemption from permit requirements.
(1)
The following regulated activities are specifically exempt from the stormwater management permit and SWM site plan preparation and submission requirements articulated in § 226-31 and Article IV and Article V of this chapter:
(a)
Agricultural activity (see definitions in § 226-22) provided the activities are performed according to the requirements of Chapter 102.
(b)
Forest management and timber operations (see definitions in § 226-22) provided the activities are performed according to the requirements of Chapter 102.
(c)
Conservation practices being installed as part of the implementation of a conservation plan written by an NRCS-certified planner.
(d)
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after April 7, 2014, provided that the activities meet the criteria of § 226-51B(3) and are conducted in accordance with all the requirements of this chapter.
(e)
The installation of impervious surface coverage within an area for which a prior SWM site plan has been approved that includes SWM facilities which were specifically designed to manage the proposed impervious surface coverage, provided that the regulated activities are conducted in accordance with all of the requirements of this chapter, Chapter 102 and any NPDES permit requirements. Any applicant seeking an exemption under this § 226-51B(1)(e) shall complete an application form supplied by the Borough Secretary, shall identify the previously approved SWM site plan which approved the existing SWM facilities, and shall pay all applicable fees before commencing any regulated activities.
(f)
Domestic landscape and/or vegetable gardening.
(2)
The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may post a threat to public health, safety, property or the environment.
(3)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage after April 7, 2014, may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if such applicant complies with all provisions of this § 226-51B(3). No person or activity is exempted from compliance with § 226-65 and Articles VII, VIII, and IX of this chapter. The applicant shall comply with the erosion and sediment control requirements of Chapter 102. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful.
(a)
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application form supplied by the Borough Secretary and pay all applicable fees before commencing any regulated activities.