Township of Daugherty, PA Definitions

For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:

Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.

(2)

The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.

(3)

The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

As used in this chapter, the following terms shall have the meanings indicated:

ACCELERATED EROSION: The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.

APPLICANT: A landowner, developer or other person who has filed an application for approval to engage in any regulated earth disturbance activity at a project site in the Township.

ARCHITECT: A registered architect licensed as such in the Commonwealth of Pennsylvania.

AS-BUILT PLAN: A drawing showing the final as-built location, elevation and/or depth, size and materials of all completed public and private improvements, including the location of all easements.

BEDROCK: Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated superficial deposits.

BMP (BEST MANAGEMENT PRACTICE): Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. BMPs include but are not limited to infiltration, filter strips, low-impact design, bioretention wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins.

BOARD OF SUPERVISORS: The Board of Supervisors of Daugherty Township.

BUILDING CODE: Chapter 64, Uniform Construction Codes.

CONSERVATION DISTRICT: The Beaver County Conservation District.

CONSTRUCTION STANDARDS: The construction standards for BMPs as set forth in this chapter.

DEP: The Pennsylvania Department of Environmental Protection.

DEVELOPER: A person that seeks to undertake any regulated earth disturbance activities at a project site in the Township.

DEVELOPMENT: See "earth disturbance activity." The term includes redevelopment.

DEVELOPMENT SITE: The specific tract of land where any earth disturbance activities in the Township are planned, conducted or maintained.

EARTH DISTURBANCE ACTIVITY: A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling or storing of soil, rock or earth materials.

ENGINEER: A registered professional engineer licensed as such in the Commonwealth of Pennsylvania and knowledgeable in civil engineering; the engineer who is charged with the design, development and inspection of the work, and determining the quantities of materials and labor to be paid for. During the execution of the work, the "engineer" shall also be interpreted to mean the assistant, inspector or other representative acting within the authority given. The Engineer is to be considered an agent of Daugherty Township.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity, including such processes as gravitational creep.

EROSION AND SEDIMENT CONTROL PLAN: A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.

EXCAVATION: Any act by which earth, sand, gravel, rock or any other similar material is cut into, disturbed, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

FILL: Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, including the condition resulting therefrom.

FINANCIAL SECURITY: A corporate bond letter of credit or escrow account from a surety or a financial institution acceptable to the Township, naming the Township as obligee in forms specified in this chapter.

FLOOD: A temporary inundation of normally dry land areas.

GEOLOGIST: A registered professional geologist licensed as such by the Commonwealth of Pennsylvania.

GEOTECHNICAL ENGINEERING REPORT: A report prepared by a registered professional geological engineer.

GRADE: The elevation of the existing or proposed ground surface at the location of any proposed excavation or fill.

GRADING: Any excavation or fill or a combination thereof.

GRADING ADMINISTRATOR: The Township Manager or his designated representative.

GRADING PERMIT: A permit required pursuant to the provisions of Article II, § 88-7, of Chapter 88, Grading.

GROUNDWATER RECHARGE: Replenishment of existing natural underground water supplies.

HAZARD: Any danger or potential danger to life, limb or health, or any adverse effect or potential adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including stream pollution.

IDENTIFIED FLOODPLAIN AREA: The floodplain area specifically identified in Chapter 81, Floodplain Management, as being inundated by the one-hundred-year flood. Included would be areas identified as floodway (FW), flood-fringe (FF) and general floodplain (FA).

IMPERVIOUS SURFACE: A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.

LANDOWNER: The legal or beneficial owner or owners of a lot or parcel of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee (if he is authorized under the lease to exercise the rights of the landowner) or other persons having a proprietary interest in the lot.

LANDSCAPE ARCHITECT: A landscape architect licensed by the Commonwealth of Pennsylvania.

NPDES: National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

OFF-SITE BORROW AREA: Excavating, loading, hauling and placement of excavated material on another site for disposal.

OFF-SITE SPOIL AREAS: Storage of excavated material and stockpiling on waste areas and dump sites, including topsoil, aggregates and other miscellaneous materials.

ONE-HUNDRED-YEAR FLOOD: A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

OUTFALL: "Point source," as described in 40 CFR 122.2, at the point where the Township's storm sewer system discharges to surface waters of the commonwealth.

PARKING AREA: A public or private garage or a paved, open off-street area other than a driveway or street with adequate means of access, which meets the requirements of this chapter, and which is used exclusively for the parking of vehicles of occupants or visitors of the lot; however, a driveway serving a single-family dwelling or which is for the exclusive use of an individual dwelling unit in a residential building may be used as a parking area.

PERMIT HOLDER: Any landowner, agent of said landowner, or tenant with the permission of said landowner who has been granted a grading permit pursuant to the provisions of this chapter.

PERSON: An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

POINT SOURCE: Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.

PROJECT SITE: The specific area of land where any regulated earth disturbance activities in the Township are planned, conducted or maintained.

REDEVELOPMENT: Earth disturbance activities on land which has previously been disturbed or developed.

REGULATED EARTH DISTURBANCE ACTIVITY: Earth disturbance activity of one acre or more with a point source discharge to surface waters or the Township's storm sewer system or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more of earth disturbance.

ROAD MAINTENANCE: Earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

SECURITY: A bond, letter of credit or cash provided by the permit holder to secure performance under this chapter.

SEPARATE STORM SEWER SYSTEM: A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.

SITE: A lot, tract or parcel of land, or a series of lots, tracts or parcels of land which are adjoining and with respect to which grading work is to be continuous and performed at the same time.

SLOPE: The upward or downward slant or inclination or degree of slant, expressed either as a horizontal-to-vertical ratio or as a percentage of vertical inclination from the horizontal.

SOIL CONSERVATION REPORT: A report, prepared by a registered professional engineer, that includes a description of a site and topography, drainage, cover, soils, soil limitations, erosion and sediment potential, surface runoff changes and recommendations to minimize soil limitations, erosion and sediment, and surface water disposal problems.

SOILS ENGINEER: A registered professional engineer licensed as such in the Commonwealth of Pennsylvania and having training and experience in the branch of soils engineering.

SOILS SURVEY: The survey for Beaver County, Pennsylvania and the accompanying text, as prepared by the USDA Soil Conservation Service, et al.

Editor's Note: Now the USDA Natural Resources Conservation Service.

SPECIFICATIONS: Those portions of the contract documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work.

STATE WATER QUALITY REQUIREMENTS: As defined under state regulations — protection of designated and existing uses (See 25 Pa. Code Chapters 93 and 96) — including:

STORMWATER: The surface runoff generated by precipitation reaching the ground surface.

STREET: An avenue, boulevard, road, highway, freeway, parkway, lane, viaduct and any other ways used by vehicular traffic but not including driveways, parking areas or walkways. Street includes the entire right-of-way.

SUPERVISORS: The Board of Supervisors of Daugherty Township.

SURFACE WATERS OF THE COMMONWEALTH: Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

TOWNSHIP: Daugherty Township, a second class township located in Beaver County, Pennsylvania.

TOWNSHIP ENGINEER: The appointed engineer of Daugherty Township.

TOWNSHIP MANAGER: The Manager of Daugherty Township.

TRENCH: An excavation made for installation or replacement of utilities where the depth exceeds the width of the trench.

WATERCOURSE: A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WATERSHED: Region or area drained by a river, watercourse or other body of water, whether natural or artificial.

§ 143-8Definitions and word use.

§ 143-8
Definitions and word use.