The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.
Words used or defined in one tense or form shall include other tenses
or derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
C.
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
D.
The word "person" includes individuals, firms, partnerships, joint
ventures, trusts, trustees, estates, corporations, associations and
any other similar entities.
E.
The word "lot" includes the words "plot," "tract," and "parcel."
F.
The words "shall," "must" and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
G.
The time, within which any act required by this chapter is to be
performed, shall be computed by excluding the first day and including
the last day. However, if the last day is a Saturday or Sunday or
a holiday declared by the United States Congress or the Pennsylvania
General Assembly, it shall also be excluded. The word "day" shall
mean a calendar day, unless otherwise indicated.
H.
Any words not defined in this chapter or in Section 107 of the MPC
shall be construed as defined in standard dictionary usage.
I.
References to officially adopted regulations, standards, or publications
of DEP or other governmental agencies shall include the regulation,
publication, or standard in effect on the date when an SWM site plan
is first filed. It is the intent of the Borough Council of Ephrata
Borough in enacting this section to incorporate such changes to statutes,
regulations, and publications to the extent authorized by 1 Pa.C.S.A.
§ 1937.
As used in this chapter, the following terms shall have the
meanings indicated:
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate
greater than would occur because of the natural process alone.
A right granted by a landowner to a grantee, allowing entry
for the purpose of inspecting, maintaining and repairing SWM facilities.
A plan prepared under the authority of Pennsylvania's
Stormwater Management Act of October 4, 1978.[1]
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops and raising livestock, including
tillage, land clearing, plowing, disking, harrowing, planting, harvesting
crops, or pasturing and raising of livestock and installation of conservation
practices. Construction of new buildings or impervious areas is not
considered an agricultural activity.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; earth-disturbance activity.
A barnyard, feedlot, loafing area, exercise lot, or other
similar area on an agricultural operation where due to the concentration
of animals, it is not possible to establish and maintain vegetative
cover of a density capable of minimizing accelerated erosion and sedimentation
by usual planting methods. The term does not include entrances, pathways
and walkways between areas where animals are housed or kept in concentration.
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application to
the Borough for approval to engage in any regulated activity as a
development site located within the Borough.
Plan of the original facilities showing changes made during
the construction process.
Activities, facilities, designs, control measures, planning
or procedures used to minimize accelerated erosion and sedimentation
and manage stormwater impacts from regulated activities, to meet state
water quality requirements, to promote groundwater recharge, to protect,
maintain, reclaim, and restore the quality of waters and the existing
and designated uses of waters within this commonwealth before, during
and after earth-disturbance activities,[2] and to otherwise meet the purposes of this chapter. See
also "nonstructural BMP" and "structural BMP."
The Pennsylvania Stormwater Best Management Practices Manual
of December 2006, or most recent version thereof.
The Borough of Ephrata, Lancaster County, Pennsylvania.
Any structure having a roof and walls and that is intended
for the shelter, work area, housing or enclosure of persons, animals,
vehicles, equipment or materials and that has a total area under roof
of greater than 50 cubic feet. "Building" is interpreted as including
"or part thereof." See the separate definition of "structure." Any
structure involving a permanent roof (such as a covered porch or a
carport) that is attached to a principal building shall be considered
to be part of that principal building. A parking structure of two
or more levels shall also be considered to be a building.
Limestone or dolomite bedrock. Carbonate geology is often
associated with karst topography.
Documentation verifying that all permanent SWM facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
25 Pa. Code Chapter 102, Erosion and Sediment Control.
25 Pa. Code, Chapter 105, Dam Safety and Waterway Management.
25 Pa. Code, Chapter 106, Floodplain Management.
A reservoir or tank for storing rainwater.
The 1972 Amendments to the Federal Water Pollution Control
Act, P.L. 92-500 of 1972, 33 U.S.C. § 1251 et seq.
A conservation district, as defined in Section 3(c) of the
Conservation District Law [3 P.S. § 851(c)] that has the
authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code Ch. 102.
A plan written by an NRCS certified planner that identifies
conservation practices and includes site specific BMPs for agricultural
plowing or tilling activities and animal heavy use areas.
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
(n) Any structure that carries a flow. (v) The ability of
a pipe, culvert, swale or similar facility to carry the peak flow
from the design storm.
A structure with appurtenant works which can convey a stream
under or through an embankment or fill.
As defined under the requirements of Chapter 105, Dam Safety
and Waterway Management.
The Pennsylvania Department of Environmental Protection or
any agency successor to the Pennsylvania Department of Environmental
Protection.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of SWM systems. See also "return period."
The agent of a municipal governing body involved with the
administration, review or enforcement of any provisions of this chapter
by contract or memorandum of understanding.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a controlled
rate.
A person who undertakes any regulated activity of this chapter.
The specific area of land where regulated activities in the
Borough are planned, conducted or maintained.
A stream in an area underlain by limestone or dolomite that
flows underground for a portion of its length.
An unstabilized land area where an earth-disturbance activity
is occurring or has occurred.
Rights to occupy and use another person's real property
for the installation and operation of stormwater management facilities,
or for the maintenance of natural drainageways to preserve and maintain
a channel for the flow of stormwater therein, or to safeguard health,
safety, property, and facilities.
Erosion and sediment.
The Pennsylvania Erosion and Sediment Pollution Control Program
Manual of March 2012, or most recent version thereof.
A site-specific plan consisting of both drawings and a narrative
that identifies BMPs to minimize accelerated erosion and sedimentation
before, during and after earth-disturbance activities.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; land development; agricultural
plowing or tilling; operation of animal heavy use areas; timber harvesting
activities; oil and gas activities; well drilling; mineral extraction;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock, or earth materials.[3]
Slopes greater than 15%, shallow bedrock (located within
six feet of ground surface[4]), wetlands, natural heritage areas and other areas designated
as conservation or preservation in greenscapes, the green infrastructure
element of the County Comprehensive Plan, where encroachment by land
development or land disturbance results in degradation of the natural
resource.
A transient stream, one that flows for a relatively short
time.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action. See also, "accelerated erosion"
as defined above.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The Federal Emergency Management Agency.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other waters of this commonwealth.
That portion of the floodplain outside of the floodway.[5]
Act of October 4, 1978, P.L. 851, No. 166, as amended 32
P.S. § 679.101 et seq., and as may be amended in the future.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable FEMA maps and studies as
being a special flood hazard area. Also includes areas that comprise
Group 13 soils, as listed in Appendix A of the Pennsylvania DEP Technical
Manual for Sewage Enforcement Officers (as amended or replaced from
time to time by DEP). Also, the area of inundation which functions
as a storage or holding area for floodwater to a width required to
contain a base flood of which there is a 1% chance of occurrence in
any given year. The floodplain contains both the floodway and the
flood fringe.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the 100-year frequency flood. Unless otherwise specified, the boundary
of the floodway is as indicated on maps and flood insurance studies
provided by FEMA. In an area where no FEMA maps or studies have defined
the boundary of the 100-year frequency floodway, it is assumed - absent
evidence to the contrary - that the floodway extends from the stream
to 50 feet from the top of the bank of the stream.[6]
Planning and activities necessary for the management of forest
land. These include conducting a timber inventory and preparation
of forest management plans, silvicultural treatment, cutting budgets,
logging road design and construction, timber harvesting, site preparation
and reforestation.
A vertical distance between the maximum design highwater
elevation and the top of a dam, levee, tank, basin, or diversion ridge.
The probability or chance that a given storm event/flood
will be equaled or exceeded in a given year.
(n) A slope, usually of a road, channel or natural ground
specified in percent and shown on plans as specified herein. (v) To
finish the surface of a roadbed, top of embankment or bottom of excavation.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from cropland.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
The process by which water from above the ground surface
is added to the saturated zone of an aquifer, either directly or indirectly.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. HSG refers
to soils grouped according to their runoff-producing characteristics
by NRCS. There are four runoff potential groups ranging from A to
D.
(Low runoff potential) Soils having high infiltration rates
even when thoroughly wetted and consisting chiefly of deep, well to
excessively drained sands or gravels. These soils have a high rate
of water transmission (greater than 0.30 inch/hour).
Soils having moderate infiltration rates when thoroughly wetted
and consisting chiefly of moderately deep to deep, moderately well-to-well
drained soils with moderately fine to moderately coarse textures.
These soils have a moderate rate of water transmission (from 0.15
inch/hour to 0.30 inch/hour).
Soils having slow infiltration rates when thoroughly wetted
and consisting chiefly of soils with a layer that impedes downward
movement of water, or soils with moderately fine to fine texture.
These soils have a slow rate of water transmission (from 0.05 inch/hour
to 0.15 inch/hour).
(High runoff potential) Soils having very slow infiltration
rates when thoroughly wetted and consisting chiefly of clay soils
with a high swelling potential, soils with a permanent high-water
table, soils with a clay pan or clay layer at or near the surface,
and shallow soils over nearly impervious material. These soils have
a very slow rate of water transmission (from 0 inches/hour to 0.05
inch/hour).
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The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Infiltration rates shall be determined as outlined in § 275-301.
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Any discharge to the MS4 that is not composed entirely of stormwater or polluted stormwater, except for discharges allowed under an NPDES permit, discharges conditionally allowed under the MS4 permit, and discharges authorized by the ordinance as set forth in § 275-801E.
Surfaces which prevent the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to, roofs, swimming pools, additional indoor living spaces, patios,
garages, storage sheds and similar structures, and any new streets
or sidewalks. Decks, parking areas, and driveway areas are not counted
as impervious areas if they do not prevent infiltration.
A retention or detention facility designed to retain stormwater
runoff and infiltrate it into the ground (in the case of a retention
basin) or release it at a controlled rate (in the case of a detention
basin).
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, rain gardens, vegetated
swales, pervious paving, infiltration basins, etc.).
A surface connection to an enclosed drain. The upstream end
of any structure through which water may flow.
A natural, transient body or conveyance of water that exists
for a relatively long time, but for weeks or months of the year is
below the local water table and obtains its flow from both surface
runoff and groundwater discharges.
Plants which grow quickly and aggressively, spreading, and
displacing other plants. Invasives typically are introduced into a
region far from their native habitat. See Invasive Plants in Pennsylvania
by the Department of Conservation and Natural Resources.
A type of topography or landscape characterized by features,
including, but not limited to, surface depressions, sinkholes, rock
pinnacles/uneven bedrock surface, underground drainage, and caves.
Karst is formed on carbonate rocks, such as limestone or dolomite.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
Any subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the natural condition of the land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A rock formation, other stratum, or soil condition which
is so slowly permeable that it effectively limits downward passage
of effluent.[7] Season high-water tables, whether perched or regional
also constitute a limiting zone.
A linear feature in a landscape which is an expression of
an underlying geological structure such as a fault.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on-site.
An equation for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. Manning's
Equation assumes steady, gradually varied flow.
Applies when the applicant demonstrates to the Borough's
satisfaction that the performance or technology-based standard is
not achievable. The applicant shall take into account the best available
technology, cost effectiveness, geographic features, and other competing
interests such as protection of human safety and welfare, protection
of endangered and threatened resources, and preservation of historic
properties in making the assertion that the performance or technology-based
standard cannot be met and that a different means of control is appropriate.[8]
An agreement between Ephrata Borough and the Lancaster County
Conservation District to provide for cooperation between the Lancaster
County Conservation District and the Ephrata Borough officials, Lancaster
County, to include within its ordinances, and to jointly promote conservation
of natural resources within Ephrata Borough on lands both public and
private, for the purposes of preventing accelerated soil erosion and
sedimentation of streams, reducing stormwater damage, and promoting
the health, safety and general welfare of the residents of Ephrata
Borough.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101
et seq., and as may be amended in the future.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains), which is all of the following:
1) owned or operated by a state, city, town, borough, Borough, county,
district, association or other public body (created under state law)
having jurisdiction over disposal of sewage, industrial wastes, stormwater
or other wastes; 2) designed or used for collecting or conveying stormwater;
3) not a combined sewer; and 4) not part of a publicly owned treatment
works as defined at 40 CFR 122.2.
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18), or designated as regulated under 40 CFR 122.26(a)(1)(v).
The NPDES Permit regulating discharges from the MS4 issued
to the Borough by PaDEP.
The Borough of Ephrata, Lancaster County, Pennsylvania.
A permit issued under 25 Pa. Code Chapter 92a (relating to
National Pollutant Discharge Elimination System permitting, monitoring
and compliance) for the discharge or potential discharge of pollutants
from a point source to surface waters.
Plant species that have evolved or are indigenous to a specific
geographical area. These plants are adapted to local soil and weather
conditions as well as pests and diseases.
An existing channel for water runoff that was formed by natural
processes.
Any source of water pollution that does not meet the legal
definition of "point source" in Section 502(14) of the Clean Water
Act.[9]
Planning and design approaches, operational and/or behavior-related
practices which minimize stormwater runoff generation resulting from
an alteration of the land surface or limit contact of pollutants with
stormwater runoff.
Natural Resources Conservation Service (previously Soil Conservation
Service, or SCS).
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainage ways, swales, streams, ditches, canals, and
pipes flowing partly full. Open channels may include closed conduits
so long as the flow is not under pressure.
Point where water flows from a conduit, stream, pipe, or
drain.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
All contiguous land held in single and separate ownership,
regardless of whether i) such land is divided into one or more lots,
parcels, purparts or tracts; ii) such land was acquired by the landowner
at different times or by different deeds, devise, partition or otherwise;
or iii) such land is bisected by public or private streets or rights-of-way,
which was held by the landowner or his predecessor in title on the
effective date of this chapter.
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
The Pennsylvania Department of Transportation or any agency
successor thereto.
Any area not defines as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of the Borough of Ephrata, Lancaster
County, Pennsylvania.
The stormwater management and erosion and sediment pollution
control plans and narratives.
Any agent introduced to the MS4 that may cause or contribute
to the degradation of water quality such that public health, the environment,
or beneficial uses of surface waters and waters of the commonwealth
may be affected. Pollutants include solid waste, sewage, garbage,
landscape waste, medical waste, wrecked or discarded equipment, radioactive
materials, dredged spoil, rock, sand, industrial waste, any organic
or inorganic contaminant, fecal coliform, fecal streptococcus, enterococcus,
volatile organic surfactants, oil and grease, petroleum hydrocarbons,
total organic lead, copper, chromium, cadmium, silver, nickel, zinc,
cyanides, phenols, and biocides.
The set of BMPs that are constructed and/or implemented and
maintained after completion of regulated activities.
Any building, lot, parcel, land or portion of land whether
improved or unimproved.
Water that comes in contact with any raw material, product,
by-product, or waste during any production or industrial process.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
SWM controls used to manage the peak flows for the purposes
of channel protection and flood mitigation.
A rainfall-runoff relation used to estimate peak flow.
Where a regulated activity constitutes a subdivision or land
development, the final subdivision or land development plan containing
all required ordinance information and prepared in a form acceptable
to the office of the Recorder of Deeds for recording. Where a regulated
activity does not constitute a subdivision or land development, a
stormwater management site plan containing all required ordinance
information and prepared in a form acceptable to the office of the
Recorder of Deeds for recording.
Any physical improvement to a previously developed lot that
involves earthmoving, removal, or addition of impervious surfaces.
A plan to manage stormwater runoff from an area larger than
a single development site. A regional stormwater management plan could
include two adjacent parcels, an entire watershed, or some defined
area in between. Regional stormwater management plans can be prepared
for new development, or as a retrofit to manage runoff from already
developed areas.
Activities, including earth disturbance activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff. Regulated activities shall include, but not be
limited to:
Land development subject to the requirements of the Ephrata
Borough Subdivision and Land Development Ordinance;[10]
Removal of ground cover, grading, filling or excavation;
Construction of new or additional impervious or semi-impervious
surfaces (driveways, parking lots, etc.), and associated improvements;
Construction of new buildings or additions to existing buildings;
Installation or alteration of stormwater management facilities
and appurtenances thereto;
Diversion or piping of any watercourse;
Any other regulated activities where the Borough determines
that said activities may affect any existing watercourse's stormwater
management facilities, or stormwater drainage patterns; and
Any activities where the Borough determines that said activities
may affect the water quality of stormwater discharges or generate
nonstormwater discharges to the MS4 and/or receiving waterbodies.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Ch. 92, 25 Pa. Code Ch. 102, or the Clean Streams
Law.[11]
For a specific design storm or list of design storms, the
percentage of peak flow rate for existing conditions which may not
be exceeded for the proposed conditions.
A graphical representation of the release rates for a specific
area.
A reservoir designed to retain stormwater runoff with its
primary release of water being through the infiltration of said water
into the ground.
The volume of runoff that is captured and not released directly
into the surface waters of this commonwealth during or after a storm
event.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years; or stated another way, the probability of a twenty-five-year
storm occurring in any one year is 0.04 (i.e., a 4% chance).
Pertaining to a stream, river or other watercourse. Also,
plant communities occurring in association with any spring, lake,
river, stream or creek through which waters flow at least periodically.[12]
A BMP that is an area of permanent vegetation along a watercourse.
A narrow strip of land, centered on a stream or river that
includes the floodplain as well as related riparian habitats adjacent
to the floodplain.[13]
An easement created for the purpose of protecting and preserving
a riparian corridor.
A type of Riparian Buffer that consists of permanent vegetation
that is predominantly native trees, shrubs and forbs along a watercourse
that is maintained in a natural state or sustainably managed to protect
and enhance water quality, stabilize stream channels and banks, and
separate land use activities from surface waters.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any part of precipitation that flows over the land surface.
U.S. Department of Agriculture, Soil Conservation Service
(now known as "NRCS").
Soils or other materials transported by stormwater as a product
of erosion.[14]
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
The action or process of forming or depositing sediment in
waters of this commonwealth.[15]
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A surface which prevents some infiltration of water into
the ground.
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
Regulated activities that, measured on a cumulative basis
from April 12, 2004, create new impervious areas of more than 1,000
square feet and less than 2,500 square feet or involve removal of
ground cover, grading, filling, or excavation of an area between 1,000
square feet and 2,500 square feet and do not involve the alteration
of stormwater facilities or watercourses.
A storm having a frequency of recurrence of once every two
years or smaller.
See "hydrologic soil group."
A method of runoff computation developed by the SCS (now
NRCS) that is based on relating soil type and land use/cover to a
runoff parameter called "curve number" (CN). For more information,
see "Urban Hydrology for Small WATERSHEDS", Second edition, Technical
Release No. 55, SCS, June 1986 (or most current edition).
A depression in the embankment of a pond or basin which is
used to pass a post-development 100-year storm peak flow rate.
A volume aboveground or below ground that is available to
hold stormwater.
A storm of a specific duration, intensity, and frequency.[18]
A system of pipes and/or open channels designed to convey
stormwater.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Act of October 4, 1978, P.L. 864, No. 167, as amended 32
P.S. § 680.1 et seq.
See "BMPs."
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, infiltrates/evaporates/transpires,
cleans or otherwise affects stormwater runoff. Typical SWM facilities
include, but are not limited to, detention and retention basins, open
channels, watercourses, road gutters, swales, storm sewers, pipes,
BMPs, and infiltration structures.
A plan, including a narrative, to ensure proper functioning of the SWM facilities in accordance with Article VI of this chapter.
A written description of the specific runoff management measures
and programs, including BMPs, that the Borough will implement to comply
with the MS4 permit and ensure that polluted stormwater discharges
are reduced to the maximum extent practicable and do not cause or
contribute to a violation of water quality regulations and standards.
A copy of the currently applicable SWMP is kept on file at the Borough.
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at a particular development
site in accordance with this chapter.
A watercourse.
Physical devices and practices that capture and treat stormwater
runoff. Structural stormwater BMPs are permanent appurtenances to
the development site.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.[19]
The division or redivision of a single lot, tract or parcel
of land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devises, transfer of ownership, or building,
or lot development. Or as defined in the MPC.
Perennial and intermittent streams, rivers, lakes, reservoirs,
ponds, wetlands, springs, natural seeps and estuaries, excluding water
at facilities approved for wastewater treatment such as wastewater
treatment impoundments, cooling water ponds and constructed wetlands
used as part of a wastewater treatment process.
A low-lying stretch of land which gathers or carries surface
water runoff.
Stormwater management.
A Stormwater management site plan.
See "forest management."
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
First substantial break in slope between the edge of the
bed of the stream and the surrounding terrain. The top of streambank
can either be a natural or constructed (that is, road or railroad
grade) feature, lying generally parallel to the watercourse.
The computer-based hydrologic modeling technique adapted
to the appropriate watershed for the Act 167 Plan. The model has been
calibrated to reflect published and observed flow values by adjusting
key model input parameters.
The sequencing of structural best management practices to
achieve optimal flow management and pollutant removal from urban stormwater.
United States Department of Agriculture.
SWM controls, or BMPs, used to remove a predetermined amount
of runoff or the increase in volume between the predevelopment and
post-development design storm.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
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 and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of Pennsylvania.
The entire region or area drained by a watercourse.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, ferns, and similar areas.
Land predominantly covered with trees and shrubs. Without
limiting the foregoing, woodlands include all land areas of 10,000
square feet or greater, supporting at least 100 trees per acre, so
that either i) at least 50 trees are two inches or greater in (diameter
at breast height) [(DBH)], or ii) 50 trees are at least 12 feet in
height.
