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.
A. 
A small project is a regulated activity that, measured on a cumulative basis from the date of enactment of this chapter, that does not create more than 5,000 square feet of impervious area or involve removal of ground cover, grading, filling, or excavation of more than one acre, and do not involve the alteration of stormwater facilities or watercourses and do not require the submission of a subdivision or land development plan.
B. 
Anyone proposing a small project, shall submit two copies of the application to the Township.
C. 
A complete small project application shall include:
(1) 
Small project application form (Appendix 4).
(2) 
Small project sketch plan including the following:
(a) 
Name and address of landowner (and/or) developer.
(b) 
Date of small project application submission.
(c) 
Name of individual and/or firm that prepared the sketch if different than the landowner and/or developer.
(d) 
Location and square footage of proposed impervious area or land disturbance.
(e) 
Approximate footprint and location of all structures on adjacent properties if located within 50 feet of the proposed impervious area or land disturbance.
(f) 
Approximate location of existing stormwater management facilities if present.
(g) 
Location and description of proposed stormwater management facilities.
(h) 
Direction of proposed stormwater discharge (e.g. with arrows).
(i) 
Scale and north arrow.
(3) 
Filing fee (in accordance with the municipality's current fee schedule).
(4) 
Verification of an approved and proven to be implemented agricultural erosion and sediment control plan or conservation plan and a manure management plan or nutrient management plan for agricultural uses.
D. 
The small project application shall be submitted in a format that is clear, concise, legible, neat and well organized.
E. 
Stormwater flows onto adjacent property shall not be increased or relocated without written notification to the adjacent property owner(s).
A. 
An approved small projects application does not constitute a waiver of provisions outlined in §§ 260-13 and 260-14 for any person or entity engaged in activities approved as a small project.
B. 
An approved small projects application does not constitute a waiver from compliance with Articles VI, VII, VIII, and IX of this chapter. Approved small project applications 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. An approved small projects application shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements.
C. 
All individuals planning on using the small project approach are encouraged to review the planned project with Township staff to verify eligibility, approach, impacts to wetlands/other bodies of water, easements, and other known information that may be beneficial. Prior to meeting with the Township staff, the applicant should prepare a basemap sketch of applicant's existing property, measure existing and proposed impervious areas, and consider which stormwater management control(s) are desired. Township staff shall assist the property owner in determining the best stormwater alternatives for the specific property involving the small project, including probable maintenance requirements.
D. 
No regulated activities shall commence until the Township issues unconditional written approval of a small projects application or stormwater permit.
E. 
For all activities, erosion and sediment control and stormwater management BMPs shall be implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
F. 
Unless prohibited by the East Hempfield Township Zoning Ordinance or any ordinance which regulates construction and development within the areas of East Hempfield Township subject to flooding, and any other applicable requirements of the Floodplain Management Act,[2] stormwater management facilities located in the floodplain are permitted when designed and constructed in accordance with the provisions of the BMP Manual, regulatory requirements and the requirements of this chapter.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
G. 
Infiltration BMPs shall be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
H. 
Planting for all vegetated stormwater BMPs shall include the following:
(1) 
Native or naturalized/noninvasive vegetation suitable to the soil.
(2) 
Invasive vegetation may not be included in any planting schedule. [See Invasive Plants in Pennsylvania by the Department of Conservation and Natural Resources (DCNR).]
I. 
A minimum ten-foot-wide access easement shall be provided for all stormwater facilities with tributary areas equal or greater than 1,000 square feet and not located within a public right-of-way. Easements shall provide for ingress and egress to a public right-of-way.
J. 
Roof drains and sump pumps shall discharge to or be tributary to infiltration or vegetative BMPs. Use of catchment facilities for the purpose of reuse is also permitted.
A. 
Where a development site is located within the Agricultural Zone (A) and has an implemented conservation plan approved and verified by the Conservation District, the submission of proof of the implemented conservation plan shall be considered compliance with this chapter for installation of impervious surface coverage where all of the following criteria are met.
B. 
For a parent tract containing not less than 10.5 acres to 20 acres, cumulative new impervious areas of 10,000 square feet or less if the applicant can provide documentation from a qualified person that the stormwater flows from the parent tract leave the parent tract in the same manner as the predevelopment condition and that there will be no adverse effects to adjacent property or that the flows reach a natural drainageway or existing SWM facility before affecting adjacent property.
C. 
For a parent tract containing not less than 20 acres, cumulative new impervious areas of 20,000 square feet or less if the applicant can provide documentation from a qualified person that the stormwater flows from the parent tract leave the parent tract in the same manner as the predevelopment condition and that there will be no adverse effects to adjacent property or that the flows reach a natural drainageway or existing SWM facility before affecting adjacent property.
D. 
There shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.