Any proposed regulated activity, except those defined in §
377-4D(5) and
(6), that meets the following exemption criteria is exempt from meeting the provisions of this chapter. This exemption does not relieve the landowner or developer from complying with water quality and groundwater recharge standards under §
377-11C, and the special requirements under §
377-12L for areas within exceptional value and high quality subwatersheds. All semi-impervious and impervious areas indicated in exemption calculations are to be cumulative such that the exemption applies only once to a tract, and if the exemption amount is exceeded, it is not applicable and all previously exempted semi-impervious and impervious areas must be managed. December 8, 2005, which is the date of Borough's original adoption of this chapter, shall be the starting date from which to consider tracts as existing conditions. Additional semi-impervious and impervious cover constructed after that date shall be considered new semipervious or new impervious cover for the purposes of these regulations. Development plans qualifying for this waiver would still be required to manage the quantity, velocity and direction of resulting stormwater runoff as is reasonably necessary to prevent injury to health, safety or other property. For developments taking place in stages, the entire development plan must be used in determining conformance with this criteria. Additional impervious cover shall include, but not be limited to, any roof, parking or driveway areas, and any new streets and sidewalks constructed as part of or for the proposed regulated activity. Any areas which may be designed to initially be semipervious (e.g., gravel, crushed stone, porous pavement, etc.) shall be considered impervious areas for the purpose of waiver evaluation. No waiver shall be provided for regulated activities as defined in §
377-4D(5) and
(6).
Stormwater Management Exemption Criteria1 |
|---|
Total Parcel Size (acres) | Minimum Setback Distance2 (feet) | Impervious Area Exemption (square feet) Less Than |
|---|
0 to 0.5 | 10 | 1,200 |
Greater than 0.5 to 1 | 50 | 2,500 |
Greater than 1 to 2 | 100 | 4,000 |
Greater than 2 to 5 | 250 | 5,000 |
Greater than 5 | 500 | 7,500 |
NOTES: |
1 | This exemption is cumulative such that it applies only once to a tract, and if the exemption amount is exceeded, it is not applicable and all previously exempted impervious areas must be managed. |
2 | The minimum setback distance is measured between the proposed impervious area and/or stormwater control/structure/discharge point to the downslope property boundary. Connections of new or expanded driveways or walkways within the setback distance from a roadway right-of-way are not required to meet the minimum setback distance. In lieu of meeting the minimum distance criteria, the applicant may provide documentation for Borough approval from any professional authorized to perform this work under the Engineer, Land Surveyor, and Geologist Registration Law, May 23, 1945, P.L. 913, No. 367 (63 P.S. § 148 et seq., P.L. 913, as amended) that: |
| (A) | The increased flows from the site leave in the same manner as the predevelopment condition, and that there will be no adverse effects to the properties along the path of the flow(s); or |
| (B) | Increased flow(s) will reach a natural watercourse or an existing stormwater management structure before adversely affecting any property along the path of the flow(s). |