A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 260-18A and Article IV of this chapter:
(1)
Agricultural activity (see definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(2)
Forest management and timber operations (see definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3)
Conservation practices being installed as part of the implementation of a conservation plan written by an NRCS certified planner.
(4)
The cumulative installation of impervious surface of up to 1,000 square feet or 5% of the gross lot area, whichever is less after June 2, 2014; provided that the activates meet the criteria of § 260-40C below and are conducted in accordance with all requirements of this chapter.
(5)
Domestic landscape and/or vegetable gardening.
(6)
A high tunnel under the following conditions:
(a)
The high tunnel or its flooring must not result in an impervious area exceeding 25% of all structures, existing as of the approval date of the authorizing State legislation, located on the owner's total contiguous land area; and
(b)
The high tunnel must meet at least one of the following criteria:
[1]
The high tunnel must be located at least 100 feet from any perennial stream or other watercourse, public road or neighboring property line.
[2]
The high tunnel must be located at least 35 feet from any perennial stream or other watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.
[3]
There is a diversion system or buffer built and managed consistent with the ordinance that ensures that runoff from the high tunnel does not directly drain into a stream or other watercourse.
(c)
An operations and maintenance agreement must be submitted to the Township.
(d)
Any structure that does not meet the above requirements must comply with all sections of the Stormwater Management Ordinance.
B.
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
C.
An applicant proposing the cumulative installation of impervious surface of up to 1,000 square feet or 5% of the gross lot area, whichever is less of impervious surface coverage, may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if the proposal meets the criteria in this section. No person or activity is exempted from compliance with Article VI and Articles VII, VIII, and IX of this chapter. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulations, or ordinance. Exemptions 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.
(1)
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption in the form set forth in Appendix 4 and pay any applicable filing fee (in accordance with the municipality's current fee schedule).
(2)
The applicant for exemption under this shall provide the municipality with all information necessary for the municipality to determine that:
(a)
There shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.
(b)
No impervious surface coverage shall be installed and no grading or excavation shall be conducted within any existing drainage or stormwater easement created by or shown on any recorded plan.
(c)
The applicant shall minimize soil disturbance, take steps to minimize erosion during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.
(d)
The applicant shall take steps that runoff be directed to pervious areas on the subject property. No runoff shall be directed onto an abutting street or neighboring property.
(e)
The proposed impervious surface shall not adversely impact any existing known problem areas or downstream property owners or the quality of runoff entering any municipal separate storm sewer system.
(f)
The proposed impervious surface shall not create erosion.
(g)
Stormwater flows onto adjacent property shall not be increased, relocated or have the character of the flow changed without written notification to the adjacent property owner(s).
(3)
If the proposed activity does not meet all of the criteria set forth in § 260-39C(2) above, the applicant shall follow the small project processing procedure in § 260-40.
(4)
No applicant and no activity is exempt from complying with any state or federal requirements applicable if the subject property is located in a high quality (HQ) or exceptional value (EV) watershed.
(5)
No applicant and no activity shall violate or cause to be violated: the Federal Clean Water Act or any regulation issued thereunder, an NPDES permit, any recorded stormwater management or operations and maintenance agreement, or any requirement applicable to a municipal separate storm sewer system.
D.
Projects exempt from stormwater submission requirements are still required to obtain a zoning permit from the Township which documents the additional impervious surface area being added to the property.
E.
Installation of additional impervious surface coverage on a lot where all of the following conditions have been met:
(1)
The lot has a previously approved SWM site plan which included SWM facilities to handle such future impervious surface coverage.
(2)
The SWM facilities on the approved SWM site plan were installed and inspected and approved by the Township Engineer.
(3)
The Township approved the SWM site plan no more than five years before the application to add the impervious surface coverage was submitted to the Township or, if the Township approved the SWM site plan more than five years before the application to add the impervious surface coverage was submitted to the Township, there have been no amendments to the design standards of this chapter between the date of approval of the SWM site plan and the submission of the application to add impervious surface coverage.
F.
Public road improvement projects initiated and/or sponsored by the Township and/or the Pennsylvania Department of Transportation shall be exempt from these stormwater management criteria under the following circumstances:
(1)
The road improvement project is required as part of a safety improvement project.
(2)
A general analysis is provided and it can be demonstrated that the proposed improvements will not adversely affect any adjacent property owners, nor will the improvements adversely affect downstream stormwater management facilities. Otherwise, mitigation of these impacts will be required as part of the proposed improvements.
G.
Road maintenance projects initiated and/or sponsored by the Township and/or the Pennsylvania Department of Transportation shall be exempt from these stormwater management criteria.