§ 275-502. Exemption from plan submission requirements.

A. 

The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 275-301A and Articles IV and V 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) 

When the existing project site contains impervious area, 20% of the existing impervious area to be disturbed must be considered meadow in good condition or better, except for repair, reconstruction or restoration of roadways or rail lines, or construction, repair, reconstruction, or restoration of utility infrastructure when the site will be returned to existing condition.

(5) 

The installation of 1,000 or fewer square feet of impervious surface coverage proposed after April 12, 2004; provided that the activities meet the criteria of § 275-502C below and are conducted in accordance with all requirements of this chapter.

(6) 

Domestic landscape and/or vegetable gardening.

B. 

The Borough of Ephrata may deny or revoke any exemption pursuant to this section at any time for any project that the Borough of Ephrata believes may pose a threat to public health, safety, property or the environment.

C. 

An applicant proposing the cumulative installation of 1,000 square feet or 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 § 275-502C. No person or activity is exempted from compliance with § 275-605 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, 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.

(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 and pay any applicable filing fee.

Editor's Note: is included at the end of this chapter.

(2) 

The applicant for exemption under this § 275-502C shall provide the Borough of Ephrata with all information necessary for the Borough 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 earth disturbance activity 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 and sedimentation during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.

(d) 

The applicant shall take steps to insure 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 applicant shall comply with the erosion and sediment control requirements of Pa Code Chapter 102 and the proposed impervious surface shall not create accelerated erosion and sedimentation.

(3) 

If the proposed activity does not meet all of the criteria set forth in § 275-502C(2) above, the applicant shall follow the small project processing procedure in § 275-501.

(4) 

The applicant shall comply with applicable state water quality standards. If the proposed activity is located in a high quality (HQ) or exceptional value (EV) watershed, the applicant shall be responsible for compliance with all federal and state requirements applicable to these special protection waters. This exemption does not provide relief from any other applicable state or federal requirements.

(5) 

No applicant and no activity shall violate or cause to be violated: the Federal Clean Water Act, Clean Streams Law 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.

Editor's Note: See 33 U.S.C. § 1251 et seq.

Editor's Note: See 35 P.S. § 690.1 et seq.