Any regulated activity that meets the following exemption criteria
is exempt from the part(s) of this chapter as specified herein. However,
the requirements of the Ordinance shall otherwise remain in effect.
The criteria for exemption in this section apply to the total development
proposed, including instances in which the development is proposed
to take place in phases. The date of enactment of this chapter shall
be the starting point from which future development and the respective
proposed impervious surface computations shall be cumulatively considered
and regulated. Exemption shall not relieve an applicant from implementing
such measures as necessary to meet the intent of this chapter, or
compliance with any NPDES Permit requirements.
A. Regulated activities.
(1) Disconnected impervious areas. Regulated activities that create DIAs
equal to or less than 1,000 square feet are exempt from the peak rate
control and the SWM site plan preparation requirements of this chapter.
(2) Small projects. Regulated activities that propose less than 400 square
feet of additional impervious area may be fully exempt and a fee in
lieu may be paid. Refer to Appendix C hereto to determine the requirements
for exempt small projects, as defined by Appendix C.
(3) Applicants proposing regulated activities which qualify as a disconnected
impervious area (DIA) with the availability of minimum separation
distances are exempted from various requirements of this chapter according
to the following table and regulations:
[Added 1-25-2016 by Ord.
No. 2016-1]
|
Minimum Separation Distances
|
---|
|
New Impervious Area
(square feet)
|
Minimum Separation Distance
(feet)
|
---|
|
|
Sheet Flow
|
Roof Drain
|
---|
|
0 to 250
|
See Appendix B
|
See Appendix B
|
|
251 to 500
|
See Appendix B
|
See Appendix B
|
|
501 to 1,000
|
75
|
110
|
|
1,001 to 1,500
|
100
|
150
|
|
1,501 to 2,000
|
125
|
190
|
|
2,001 to 2,500
|
150
|
225
|
|
2,501 to 3,000
|
175
|
260
|
|
3,001 to 4,000
|
200
|
300
|
|
4,001 to 5,000
|
225
|
340
|
|
5,001 to 10,000
|
350
|
525
|
|
A roof with no roof drain is sheet flow. Where Fairview Township
believes that conditions present in the receiving area (due to slope,
soil type, existing drainage problems, etc.) warrant additional separation
distance, Fairview Township may require additional separation distance
or require stormwater management controls.
|
(a)
Minimum separation.
[1]
New impervious cover shall be separated from the features listed in §
252-11A(3)(a)[2] below and in accordance with the minimum separation distances listed in the table above.
[2]
Minimum separation distance is the shortest distance from the
edge of the proposed new impervious cover, or roof drain discharge
point, in the flow direction of runoff, to any of the following:
[a] Perennial or intermittent streams or watercourses;
[d] Lakes, ponds and other surface water bodies;
[e] Storm sewer or combined sewer systems;
[h] Cropland, pasture land, manure storage areas and
other agricultural land;
[i] Other features deemed relevant by Fairview Township.
(b)
Multiple impervious areas.
[1]
If the proposed new impervious area receives runoff from an
existing contiguous impervious area or contributes runoff to an existing
contiguous impervious area, the total impervious area to be considered
for this exemption shall be the new impervious area only.
[2]
If the existing and proposed new impervious areas are not contiguous,
the total impervious area to be considered for this exemption shall
be the new impervious area only. In this case, the total separation
areas may include the distance between two impervious areas.
[3]
Separation from the features listed in §
252-11A(3)(a)[2] shall be determined from the edge or roof drain discharge, of either the existing or the proposed new impervious area, whichever is the most downslope.
[4]
Fairview Township reserves the right to consider existing conditions
and run-off issues in determining the needed separation area under
this section.
(c)
Discharge.
[1]
With the exception of roof drains, runoff from the proposed
new impervious cover may not be concentrated. Roof drains:
[a] Must discharge to a stabilized separation area meeting the criteria in the above table for minimum separation distance shown above and §
252-11A(3).
[b] May not discharge to concentrated flow areas. Separation
shall be determined from the roof drain discharge point, unless the
discharge is to an impervious area. In this case the separation shall
be determined from the edge of the pervious area.
(d)
Separation area.
[1]
The area separating the proposed new impervious discharge from any features such as those listed in §
252-11A(3)(a)[2] must at all times meet the following criteria:
[a] Be maintained in stable vegetative cover.
[b] Eroded areas in the separation area must be immediately
repaired.
[c] No new impervious cover may be installed in the
separation areas unless the requirements of this chapter are met.
[d] Runoff in the separation area must be maintained
as unconcentrated flow.
[2]
The separation area may contain cropland, pasture land, manure
storage areas and other agricultural land provided the land is in
compliance with Title 25, Chapter 102.4.a (relating to erosion and
sediment pollution control on agricultural land), and Title 25, Chapter
91.36.a (relating to pollution control at agricultural operations),
of The Pennsylvania Code.
(e)
Obligation to meet other requirements.
[1]
Nothing in this section shall relieve the applicant of any responsibility
under other regulations such as, but not limited to, municipal ordinances
or codes and state and federal regulations related to stormwater management,
NPDES permitting requirements for erosion and sediment pollution control
and post-construction stormwater management, stream and wetland encroachment
or floodplain management.
B. Regulated activities that create DIAs greater than 1,000 square feet
and equal to or less than 5,000 square feet are exempt only from the
peak rate control requirement of this chapter.
C. Agricultural activity is exempt from the rate control and SWM site
plan preparation requirements of this chapter, provided the activities
are performed according to the requirements of 25 Pa. Code § 102.
For regulated activities that meet this exemption criteria, no formal
application to the Township is required.
D. Forest management and timber operations are exempt from the rate
control and SWM site plan preparation requirements of this chapter
provided the activities are performed according to the requirements
of 25 Pa. Code § 102. For regulated activities that meet
this exemption criteria, no formal application to the Township is
required.
E. Domestic gardening and landscaping are exempt from specific approval
and permitting under this chapter so long as those activities are
associated with one, and only one, dwelling unit and the activities
comply with all other applicable ordinances and statutes.
F. Exemptions from certain provisions of this chapter shall not relieve the applicant from the requirements in §
252-10, Subsections
D through
N.
G. The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township determines poses a threat
to public health, safety, property or the environment.
The low-impact development practices provided in the BMP Manual
shall be utilized for all regulated activities to the maximum extent
practicable. Water volume controls shall be implemented using the
Design Storm Method in Subsection A or the Simplified Method in Subsection
B below. For regulated activity areas equal or less than one acre
that do not require hydrologic routing to design the stormwater facilities,
this chapter establishes no preference for either methodology; therefore,
the applicant may select either methodology on the basis of economic
considerations, the intrinsic limitations on applicability of the
analytical procedures associated with each methodology, and other
factors.
A. The Design Storm Method (CG-1 in the BMP Manual) is applicable to
any size of regulated activity. This method requires detailed modeling
based on site conditions.
(1) Do not increase the postdevelopment total runoff volume for all storms
equal to or less than the two-year, twenty-four-hour duration precipitation.
(2) For modeling purposes.
(a)
Existing (predevelopment) nonforested pervious areas must be
considered meadow.
(b)
For computation of predevelopment runoff volume, 20% of existing
impervious areas, when present, shall be considered meadow.
B. The Simplified Method (CG-2 in the BMP Manual) provided below is
independent of site conditions and should be used if the Design Storm
Method is not followed. This method is not applicable to regulated
activities greater than one acre or for projects that require design
of stormwater storage facilities. For new impervious surfaces:
(1) Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
(2) At least the first one inch of runoff from new impervious surfaces
shall be permanently removed from the runoff flow, i.e., it shall
not be released into the surface waters of this commonwealth. Removal
options for the first one inch of runoff include reuse, evaporation,
transpiration, and infiltration.
(3) Wherever possible, infiltration facilities should be designed to
accommodate infiltration of the entire permanently removed runoff;
however, in all cases, at least the first 0.5 inch of the permanently
removed stormwater runoff shall be infiltrated.
(4) This method is exempt from the requirements of §
252-13, Rate controls.