Any individual, corporation or other legal entity undertaking any regulated activity in Coolbaugh Township, unless specifically exempted from the provisions of this chapter as set forth below in Subsection A, must file an application for a drainage permit accompanied by a drainage plan consistent with the plan content and stormwater management requirements set forth in this chapter. For any activity regulated by this chapter, the preliminary or final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, or the commencement of any earth disturbance may not proceed until the applicant or his/her agent has received written approval of a drainage plan, has been issued a drainage permit and has received an adequate erosion and sediment pollution control plan review from the Conservation District.
A. Exemptions.
(1) A regulated activity involving earth disturbance affecting less than 20,000 square feet and creating less than 5,000 square feet of impervious or semi-impervious surface. If a development involving a regulated activity is to take place in phases, the calculation of impervious or semi-impervious surfaces shall be cumulative covering all phases of the development of the parent tract. This exemption shall not apply to diversion piping or encroachments in any natural or man-made channel, nonstructural or structural stormwater management BMPs or appurtenances, or stream enhancements or restoration projects.
(2) Use of land for gardening for home consumption.
(3) Agriculture when operated in accordance with a conservation plan or erosion and sediment control plan found adequate by the Conservation District.
(4) Forest management operations which are following the Department of Environmental Protection's management practices contained in the publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved E&S Plan, and are in compliance with the stream buffer requirements of §
344-21 of this chapter, applicable floodplain management requirements and applicable provisions of Chapter
257, Natural Features Conservation.
(5) The development of single-family residential building lots which are one acre or less and are part of a subdivision plan approved and recorded prior to June 17, 2014, the date of the adoption of this chapter.
(6) For projects requiring an NPDES stormwater permit, the PADEP requirements relating to stormwater quality, volume control and temperature control shall supersede those specific requirements of this chapter, except that the stormwater quality provisions of §
344-22A and the stormwater rate runoff control of §
344-25 must be met by the design. This provision shall not apply to the critical water quality criteria established in the Wallenpaupack subwatershed M-WC, which must be met in addition to PADEP requirements.
B. 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 and welfare. An exemption shall not relieve the applicant from providing adequate stormwater management for regulated activities to meet the purposes of this chapter. If the Board of Supervisors, in its sole discretion and after review by the Township Engineer, determines that a regulated activity could reasonably be expected to cause a drainage problem downstream, or that the regulated activity would result in an undue disruption of natural drainage patterns so as to cause soil erosion, groundwater recharge problems, stream bank erosion or other stormwater quantity or quality problems, the Township shall require a drainage plan submittal.
(2) Parent tracts. Ordinance criteria shall apply to the total development even if the development is to take place in phases. The date of the adoption of this chapter, June 17, 2014, 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.
C. Waivers and modifications. The provisions of this chapter are considered as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of Coolbaugh Township and the surrounding area. However, the Township reserves the right, in its sole discretion, based upon specific site conditions or specific characteristics of the proposed project, to waive, modify or extend provisions of this chapter in individual cases as may be necessary in the public interest, provided that such variation shall not have the effect of nullifying the intent and purpose of these regulations. In permitting a variation from these regulations, the following criteria must be met by the applicant:
(1) The applicant for a modification or waiver must make the request in writing to the Board of Supervisors, setting forth in detail the reasons in support of the request.
(2) The written request shall be forwarded to the Township Engineer, and where applicable, to the Township Planning Commission for a recommendation regarding the request.
(3) The applicant must demonstrate that the alternatives analysis required by this chapter was conducted, and that stormwater management cannot be implemented in strict compliance with the terms of this chapter without preventing the reasonable use and development of the subject property.
(4) The applicant must provide a stormwater management alternative that demonstrates to the satisfaction of the Board of Supervisors that the intent and purpose of this chapter are preserved.