For the purposes of this ordinance, certain terms and words
used herein shall be interpreted as follows:
A.
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.
B.
The words and phrases "includes," "including," "for example," "e.g.,"
and/or other related words and phrases shall not limit the term to
the specific example, but are intended to extend their meaning to
all other instances of like kind and character.
C.
The words
"shall" and "must" are mandatory; the words "may" and "should" are
permissive.
D.
AGRICULTURAL ACTIVITY
APPLICANT
BEST MANAGEMENT PRACTICE (BMP)
CLOSED DEPRESSION
CONSERVATION DISTRICT
DEP
DESIGN STORM
DETENTION VOLUME
DEVELOPMENT SITE (SITE)
DISTURBED AREA
EARTH DISTURBANCE ACTIVITY
EROSION
EXISTING CONDITION
FACILITY, CONVEYANCE
FACILITY, EROSION AND SEDIMENT CONTROL
FACILITY, STORMWATER MANAGEMENT
FEMA
FLOODPLAIN
FLOODWAY
FOREST MANAGEMENT/TIMBER OPERATIONS
GREEN INFRASTRUCTURE
HOTSPOT USE
HYDROLOGIC SOIL GROUP (HSG)
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
KARST
LAND DEVELOPMENT (DEVELOPMENT)
LOW-IMPACT DEVELOPMENT (LID)
MUNICIPALITY
NRCS
PEAK DISCHARGE
PERVIOUS AREA
POLLUTANT
PROJECT SITE
QUALIFIED PROFESSIONAL
REGULATED ACTIVITIES
REGULATED EARTH DISTURBANCE ACTIVITY
RETENTION VOLUME/REMOVED RUNOFF
RETURN PERIOD
RIPARIAN BUFFER
RUNOFF
SEDIMENT
STATE WATER QUALITY REQUIREMENTS
STORMWATER
STORMWATER MANAGEMENT PERMIT
1.
2.
STORMWATER MANAGEMENT REPORT
STORMWATER MANAGEMENT SITE PLAN
SUBDIVISION
USDA
WATERS OF THIS COMMONWEALTH
WATERSHED
WETLAND
These definitions do not necessarily reflect the definitions contained
in pertinent regulations or statutes, and are intended for this ordinance
only.
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops, including tillage, land clearing,
plowing, disking, harrowing, planting, harvesting crops, pasturing
and raising of livestock, and installation of approved agriculturally
related conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
A landowner, developer, or other person/entity who has filed
an application to the municipality for approval to engage in any regulated
activity at a project site in the municipality. "Applicant" also refers
to any person/entity that may be exempt from certain, but not all,
provisions of this ordinance.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this ordinance. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this ordinance, nonstructural
BMPs or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff, whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include but are not limited
to a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands to small-scale underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, grassed swales, riparian or forested buffers,
sand filters, detention basins, and manufactured devices. Structural
stormwater BMPs are permanent appurtenances to the project site.
The low area of a field with no outlet that accumulates or
receives runoff.
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 Chapter 102.
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 stormwater management systems. Also see "return
period."
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
See "project site."
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
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; parking lot maintenance;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock, or earth materials.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
The dominant land cover and/or condition during the five-year
period immediately preceding a proposed regulated activity.
Any structure or practice that is designed and/or constructed
to transmit or otherwise transfer stormwater runoff from one location
to another. Typical conveyance facilities include but are not limited
to swales and other open channel facilities; storm sewers; and pipe
culverts.
Any structure or practice that is designed and/or constructed
to capture, reduce, prevent, or otherwise mitigate the effects of
stormwater runoff and sedimentation. Typical erosion and sediment
control facilities include but are not limited to erosion control
matting, silt fence, silt sock, inlet protection, temporary seeding,
and sediment ponds. "Erosion and sediment control facility" may be
designated as "ESC facility" throughout this ordinance.
Any structure or practice that is designed and/or constructed
to store or otherwise attenuate stormwater runoff. Typical stormwater
management facilities include but are not limited to detention and
retention basins; rain gardens; and infiltration facilities. "Stormwater
management facility" may be designated as "SWM facility" throughout
this ordinance.
Federal Emergency Management Agency.
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).
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the 100-year 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 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.
Planning and activities necessary for the management of forestland.
These include conducting a timber inventory, preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation,
and reforestation.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Any proposed land use that has the potential to have an increased
amount of stormwater pollutant runoff, generally based upon its use
or generation of pollutants, including but not limited to chemicals,
oil-based products, pesticides, fertilizers, large traffic volume,
and/or outdoor storage. Example uses include but are not limited to
automobile repair, filling, and washing facilities; automobile, boat,
and trailer storage and/or sales; commercial and/or retail uses with
parking lots; restaurants with drive-throughs; industrial or heavy
manufacturing establishments; warehousing; athletic fields; golf courses;
and swimming pools not accessory to an individual residential use.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into four HSGs (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The NRCS defines the four groups and provides a list of most
of the soils in the United States and their group classification.
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. Soils become less pervious as the
HSG varies from A to D (NRCS).
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include but not be limited
to roofs; additional indoor living spaces; patios and similar structures
(including those made of wood or other planks); ponds and other permanent
water storage areas (excluding swimming pools); garages; storage sheds
and similar structures; driveways; and any new streets or sidewalks.
Pervious pavement, stone, and other traditionally impervious surfaces
that are specifically designed to allow for porous infiltration of
stormwater are also considered impervious surfaces. Pervious pavement
and similar surfaces that are specifically designed to allow for porous
infiltration of stormwater, however, may be used with proper operation
and maintenance provisions in lieu of traditional SWM conveyance facilities,
such as inlets and pipes, in order to provide for the transmission
of stormwater runoff to subsurface SWM facilities; if this method
of transmission is utilized, the surfaces in question are still considered
impervious surfaces for this ordinance and the purpose of modeling.
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground
drainage, and caves. Karst is formed on carbonate rocks, such as limestone
or dolomite.
As defined in the municipality's Subdivision and Land
Development Ordinance.[1]
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.
Palmer Township, Northampton County, Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
The maximum rate of stormwater runoff from a specific storm
event.
Any area not defined as an impervious area.
Any substance, as certain chemicals or waste products, that
renders the air, soil, water, or other natural resource harmful or
unsuitable for a specific purpose.
The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
ordinance.
Any earth disturbance activities, any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff, or any activities that clearly increase the pollution
potential of stormwater runoff.
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 occur one time. For example,
the twenty-five-year return period rainfall would be expected to occur
on average once every 25 years. Stated in another way, the probability
of a twenty-five-year storm occurring in any one year is 0.04 (i.e.,
a 4% chance).
A permanent area of trees and shrubs located adjacent to
streams, lakes, ponds, and wetlands.
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[3]
Drainage runoff from the surface of the land resulting from
precipitation, snow, or ice melt.
The permit prepared by the applicant or his or her representative
providing necessary details, including but not limited to disturbance
area, impervious areas, and other items. "Stormwater management permit"
will be designated as "SWM permit" throughout this ordinance, and
shall be divided into two categories:
MINOR SWM PERMITRegulated activities that result in the alteration or development of 1,000 square feet to 4,999 square feet of land in a manner that may affect stormwater runoff; earth disturbances of 5,000 square feet to 43,559 square feet; and/or the cumulative increase of 1,000 square feet to 4,999 square feet of impervious area. "Cumulative" shall include incremental and phased development.
MAJOR SWM PERMITRegulated activities that result in the alteration or development of greater than or equal to 5,000 square feet of land in a manner that may affect stormwater runoff; earth disturbances of greater than or equal to 43,560 square feet; and/or the cumulative increase of greater than or equal to 5,000 square feet of impervious area. Regulated activities taking place on sites 1) with greater than or equal to 5,000 square feet of existing impervious area; 2) that are not controlling the runoff from the existing impervious area in a manner consistent with this ordinance; and 3) whose activities do not qualify for the exemptions listed in § 158-302 shall also fall under the category of major SWM permit. "Cumulative" shall include incremental and phased development.
The report prepared by the applicant or his or her representative
documenting the necessary design computations and data in order to
demonstrate that the maximum practicable measures have been taken
to meet the requirements of this ordinance. "Stormwater management
report" will be designated as "SWM report" throughout this ordinance.
The plan prepared by the applicant or his or her representative
indicating how stormwater runoff will be managed at the development
site in accordance with this ordinance. "Stormwater management site
plan" will be designated as "SWM site plan" throughout this ordinance.
As defined in the municipality's Subdivision and Land
Development Ordinance.[4]
United States Department of Agriculture.
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 this commonwealth.
Region or area drained by a river, watercourse, or other
surface water of this commonwealth.
Areas that are inundated or saturated by surface water 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, and similar areas.
