As used in this article, the following terms shall have the meanings
indicated:
ACCELERATED EROSION
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.
AGRICULTURAL ACTIVITIES
The work of producing crops and raising livestock, including
tillage, plowing, discing, harrowing, pasturing and installation of
conservation measures. For purposes of regulation by this article,
construction of new buildings or impervious area is not considered
an "agricultural activity."
ALTERATION
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; land disturbance.
APPLICANT
A landowner or developer who has filed an application for
approval to engage in any regulated activities as defined in this
article.
AS-BUILT DRAWINGS
Those maintained by the contractor as he constructs the project
and upon which he documents the actual locations of the building components
and changes to the original contract documents. These, or a copy of
same, are turned over to the Engineer at the completion of the project.
BANKFULL
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
BASE FLOW
The portion of stream discharge derived from groundwater;
the sustained discharge that does not result from direct runoff or
from water diversions, reservoir releases, piped discharges, or other
human activities.
BIORETENTION
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
BMP (BEST MANAGEMENT PRACTICE)
Methods, measures or practices to prevent or reduce surface
runoff and/or water pollution, including but not limited to, structural
and nonstructural stormwater management practices and operation and
maintenance procedures. See also “nonstructured best management
practice (BMP).”
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
BUFFER
The area of land immediately adjacent to any stream, measured
perpendicular to and horizontally from the top-of-bank on both sides
of a stream.
CARBONATE BEDROCK (AREAS)
Rock consisting chiefly of carbonate minerals, such as limestone
and dolomite; specifically a sedimentary rock composed of more than
50% by weight of carbonate minerals that underlies soil or other unconsolidated,
superficial material.
CHANNEL
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
CHANNEL EROSION
The widening, deepening and headward cutting of small channels
and waterways due to erosion caused by moderate to large floods.
CISTERN
An underground reservoir or tank for storing rainwater.
CULVERT
A structure, with appurtenant works, which carries a stream
under or through an embankment or fill.
DAM
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
DEPARTMENT
The Pennsylvania Department of Environmental Protection (DEP).
DESIGNATED WATERSHED (ACT 167)
A watershed which is listed under the Pennsylvania Department
of Environmental Protection's "Index of Designated Watersheds (Stormwater
Management)" pursuant to the Storm Water Management Act, P.L. 864,
No. 167, October 4, 1978, and published in the Pennsylvania Bulletin
on May 31, 1980 and August 9, 1980, as amended on November 19, 1991,
April 21, 1992, June 21, 1994, April 16, 1996, April 15, 1997 and
December 16, 1997.
DESIGNEE
The agent of the Berks County Planning Department, Berks
County Conservation District and/or Kutztown Borough Planning Commission
and/or agent of the Borough involved with the administration, review
or enforcement of any provisions of this article by contract or memorandum
of understanding.
DESIGN PROFESSIONAL (QUALIFIED)
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by the
article.
DESIGN STORM
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.
DETENTION BASIN
An impoundment structure designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event and are dry until the next rainfall event.
DETENTION DISTRICT
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.
DEVELOPER
A person, partnership, association, corporation or other
entity or any responsible person therein or agent thereof that undertakes
any regulated earth disturbance activity at a project site in the
Borough.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities
in the Borough are planned, conducted or maintained.
DIFFUSED DRAINAGE DISCHARGE
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
DISCHARGE
To release water from a project, site, aquifer, drainage
basin or other point of interest (verb); the rate and volume of flow
of water such as in a stream, generally expressed in cubic feet per
second (volume per unit of time) (noun). See also "peak discharge."
DISCHARGE POINT
The point where stormwater flows into.
[Amended 8-17-2010 by Ord. No. 5-2010]
DISTURBED AREAS
Unstabilized land area where an earth disturbance activity
is occurring or has occurred.
DITCH
An artificial waterway for irrigation or stormwater conveyance.
DOWNSLOPE PROPERTY LINE
That portion of the property line of the lot, tract or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
DRAINAGE CONVEYANCE FACILITY
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
DRAINAGE PERMIT
A permit issued by the Borough after the drainage plan has
been approved. Said permit is issued prior to or with the final Borough
approval.
DRAINAGE PLAN
The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in §
189-11 et seq.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials.
EMERGENCY SPILLWAY
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
ENCROACHMENT
A structure or activity that changes, expands or diminishes
the course, current or cross section of a watercourse, floodway or
body of water.
EROSION
The process by which the surface of the land, including channels,
is worn away by water, wind, or chemical action.
EXCEPTIONAL VALUE WATERS
Surface waters of high quality which satisfy Pennsylvania
Code Title 25 Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to anti-degradation).
EXISTING CONDITIONS
The initial condition of a project site prior to the proposed
construction. If the initial condition of the site is undeveloped
land, the land use shall be considered as "meadow" unless the natural
land cover is proven to generate lower curve numbers or Rational "C"
value, such as forested lands.
FLOOD
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.
FLOODPLAIN
Any land area susceptible to inundation by water from any
natural source or delineated as a special flood hazard area on the
applicable National Flood Insurance Program Flood Insurance Rate Map
(FIRM) prepared by the Federal Emergency Management Agency (FEMA).
Also included are areas that comprise Group 13 Soils, as listed in
Appendix A of the Pennsylvania Department of Environmental Protection
(DEP) Technical Manual for Sewage Enforcement Officers (as amended
or replaced from time to time by DEP).
[Amended 8-17-2010 by Ord. No. 5-2010]
FLOODWAY
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the one-hundred-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 one-hundred-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.
FLUVIAL GEOMORPHOLOGY
The study of landforms associated with river channels and
the processes that form them.
FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forest
land. These include timber inventory and preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation and reforestation.
FREEBOARD
A vertical distance between the elevation of the design highwater
and the top of a dam, levee, tank, basin or diversion ridge. The space
is required as a safety margin in a pond or basin.
GRADE
(1)
A slope, usually of a road, channel or natural ground, specified
in percent and shown on plans as specified herein.
(2)
To finish the surface of a roadbed, top of embankment or bottom
of excavation.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from cropland.
GROUNDWATER
Water beneath the earth's surface, often between saturated
soil and rock that supplies wells and springs.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies
without degrading groundwater quality.
HEC-HMS
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
HIGH-QUALITY WATERS
Surface waters having quality which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pennsylvania Code Title 25 Environmental
Protection, Chapter 93 Water Quality Standards, § 93.4b(a).
HOTSPOTS
Areas where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
HYDROGRAPH
A graph of discharge versus time for a selected point in
the drainage system.
HYDROLOGIC REGIME (NATURAL)
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, base flow, storage, and groundwater supplies
under natural conditions.
HYDROLOGIC SOIL GROUP
A classification of soils by the Natural Resources Conservation
Service, formerly the Soil Conservation Service, into four runoff
potential groups. The groups range from A soils, which are very permeable
and produce lithe runoff, to D soils, which are not very permeable
and produce much more runoff.
IMPERVIOUS SURFACE
A surface that prevents the percolation 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 be gravel or crushed stone shall be
assumed to be impervious surfaces.
IMPOUNDMENT
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
INFILL
Development that occurs on smaller parcels that remain undeveloped
but are within or in very close proximity to urban areas. The development
relies on existing infrastructure and does not require an extension
of water, sewer or other public utilities.
INFILTRATION
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolates downward
to recharge groundwater.
INFILTRATION STRUCTURES
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
INLET
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
LAND DEVELOPMENT
(1)
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
buildings or the division or allocation of land or space 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.
(3)
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
LAND DISTURBANCE
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.
LIMITING ZONE
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
(1)
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling.
(2)
A rock with open joints, fractures or solution channels, or
masses of loose rock fragments, including gravel, with insufficient
fine soil to fill the voids between the fragments.
(3)
A rock formation, other stratum or soil condition, which is
so slowly permeable that it effectively limits downward passage of
effluent.
LOT
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
MAIN STEM (MAIN CHANNEL)
Any stream segment or other runoff conveyance facility used
as a reach in the Sacony Creek hydrologic model.
MANNING EQUATION (IN MANNING FORMULA)
A method 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. Open
channels may include closed conduits so long as the flow is not under
pressure.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
MUNICIPALITY
Borough of Kutztown, Berks County, Pennsylvania.
NATURAL RECHARGE AREA
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
NONPOINT SOURCE POLLUTION
Pollution that enters a watery body from diffuse origins
in the watershed and does not result from discernible, confined or
discrete conveyances.
NON-STORMWATER DISCHARGES
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPS)
Methods of controlling stormwater runoff quantity and quality,
such as innovative site planning, impervious area and grading reduction,
protection of natural depression areas, temporary ponding on site
and other techniques.
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.
NRCS
Natural Resource Conservation Service (previously SCS).
OPEN CHANNEL
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals and pipes
flowing partly full.
OUTFALL
"Point source" as described in 40 CFR § 122.2 at
the point where the municipality's storm sewer system discharges to
surface waters of the commonwealth.
OUTLET
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
PARENT TRACT
The parcel of land from which a land development or subdivision
originates, determined from the date of municipal adoption of this
article.
PARKING LOT STORAGE
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm
event.
PENN STATE RUNOFF MODEL (CALIBRATED)
The computer-based hydrologic modeling technique adapted
to the Sacony Creek watershed for the Act 167 Plan. The model has
been calibrated to reflect actual recorded flow values by adjoining
key model input parameters.
PIPE
A culvert, closed conduit or similar structure (including
appurtenances) that conveys stormwater.
PLAN
The stormwater management and erosion and sediment pollution
control plans and narratives.
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.
POST CONSTRUCTION
Period after construction where disturbed areas are stabilized,
stormwater controls are in place and functioning and all proposed
improvements in the approved land development plan are completed.
PRETREATMENT
Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily meet the water quality volume requirements of §
189-10F.
PROBABLE MAXIMUM FLOOD (PMF)
The flood that may be expected from the most severe combination
of critical meteorologic and hydrologic conditions that are reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined on the basis of data obtained from
the National Oceanographic and Atmospheric Administration (NOAA).
PROJECT SITE
The specific area of land where any regulated earth disturbance
activities in the municipality are planned, conducted or maintained.
RECHARGE
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
RECORD DRAWINGS
Original documents revised to suit the as-built conditions
and subsequently provided by the applicant/developer to the Borough.
[Amended 8-17-2010 by Ord. No. 5-2010]
REDEVELOPMENT
The demolition, construction, reconstruction, alteration,
or improvement exceeding 2,000 square feet of land disturbance performed
on sites where existing land use is commercial, industrial, institutional,
or multifamily residential. Maintenance activities such as top-layer
grinding and repaving are not considered to be redevelopment. Interior
remodeling projects and tenant improvements are also not considered
to be redevelopment. Utility trenches in streets are not considered
redevelopment unless more than 50% of the street width is removed
and repaved.
REGULATED ACTIVITIES
Actions or proposed actions that involve the alteration or
development of land in a manner that may affect stormwater runoff.
[Amended 8-17-2010 by Ord. No. 5-2010]
RELEASE RATE
The percentage of predevelopment peak rate of runoff from
a site or subarea to which the post-development peak rate of runoff
must be reduced to protect downstream areas.
RETENTION BASIN
An impoundment in which stormwater is stored and not released
during the storm event. Retention basins do not have an outlet other
than recharge and must infiltrate stored water in no more than four
days.
RETURN PERIOD
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 of
once every 25 years.
RISER
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.
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.
ROOF DRAINS
A drainage conduit or pipe that collects water runoff from
a roof and leads it away from the structure.
ROOFTOP DETENTION
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
RUNOFF
Any part of precipitation that flows over the land surface.
SALDO
Subdivision and Land Development Ordinance.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by the movement of water or air.
SEDIMENT BASIN
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt or other material transported
by water during construction.
SEDIMENT POLLUTION
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 article.
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar
coarse material into which surface water is directed for infiltration
into the underground water.
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.
SHALLOW CONCENTRATED FLOW
Stormwater runoff flowing in shallow, defined ruts prior
to entering a defined channel or waterway.
SHEET FLOW
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
SOIL-COVER-COMPLEX METHOD
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called "curve number (CN)."
SOIL GROUP, HYDROLOGIC
A classification of soils by the Natural Resource Conservation
Service into four runoff potential groups. The groups range from A
soils, which are very permeable and produce little runoff, to D soils,
which are not very permeable and produce much more runoff.
[Amended 8-17-2010 by Ord. No. 5-2010]
SPECIAL GEOLOGIC FEATURES
Carbonate bedrock features, including but not limited to
closed depressions, existing sinkholes, fracture traces, lineaments,
joints, faults, caves and pinnacles, which may exist and must be identified
on a site when stormwater management BMPs are being considered.
SPILLWAY
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim
and restore water quality under Pa. Code Title 25 and the Clean Streams
Law.
STORAGE INDICATION METHOD
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage), with
outflow defined as a function of storage volume and depth.
STORM FREQUENCY
The number of times that a given storm event occurs or is
exceeded on the average in a stated period of years. See "return period."
STORM SEWER
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
STORMWATER
The surface runoff generated by precipitation reaching the
ground surface.
STORMWATER MANAGEMENT FACILITY
Any structure, natural or man-made, that, due to its condition,
design or construction, conveys, stores or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes and infiltration structures.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff in the Sacony Creek
Watershed adopted by Berks County, as required by the Act of October
4, 1978, P.L. 864, (Act 167), and known as the "Sacony Creek Watershed
Action 167 Stormwater Management Plan."
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this article.
STREAM BUFFER
The land area adjacent to each side of a stream, essential
to maintaining water quality. (See "buffer.")
STREAM ENCLOSURE
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
SUBAREA
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
SUBDIVISION
The division or redivision of a 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, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwellings, shall be exempt.
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface, or parts thereof,
whether natural or artificial, within or on the boundaries of this
commonwealth.
SWALE
A low lying stretch of land which gathers or carries surface
water runoff.
TIME OF CONCENTRATION (TC)
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.
TOP-OF-BANK
Highest point of elevation in a stream channel cross section
at which a rising water level just begins to flow out of the channel
and over the floodplain.
VERNAL POND
Seasonal depressional wetlands that are covered by shallow
water for variable periods from winter to spring, but may be completely
dry for most of the summer and fall.
WATERCOURSE
A channel or conveyance of surface water 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.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, 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.
WELLHEAD
(1)
A structure built over a well.
(2)
The source of water for a well.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a water supply
well, well field, spring or infiltration gallery supplying a public
water system, through which contaminants are reasonably likely to
move toward and reach the water source.
WET BASIN
Pond for urban runoff management that is designed to detain
urban runoff and always contains water.
WETLAND
Those areas that are inundated or saturated by surface or
ground water 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.