For the purposes of this chapter, 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 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.
C.
The word “person” includes an individual,
firm, cult, association, organization, partnership, trust, company,
corporation, or any other similar entity.
D.
The words “shall” and “must”
are mandatory; the words “may” and “should”
are permissive.
E.
The words “used” or “occupied”
include the words “intended, designed, maintained, or arranged
to be used or occupied.”
The following words and phrases when used in
this chapter shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section. All words and terms not
defined herein shall be used with a meaning of standard usage.
The removal of the surface of the land through the combined
action of man’s activity and natural processes at a rate greater
than would occur because of the natural process alone.
Those areas delineated pursuant to the Lycoming County, Pennsylvania,
Soil Survey, November 1986, as may be amended from time to time.
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.
A landowner or developer who has filed an application for
a zoning permit or subdivision approval.
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.
[Amended 3-22-2005 by Ord. No. 311]
The panel to hear, review and issue decisions on appeal from
determinations of a municipal representative under this article.
[Added 9-25-2012 by Ord. No. 350]
A sediment formed by the organic or inorganic precipitation
of mineral compounds characterized by the fundamental chemical ion
CO3; the principle element in limestone and
dolomite strata.
A perceptible natural or artificial waterway, which periodically
or continuously contains moving water, having a definite bed and banks
which confine the water.
The widening, deepening, and headward cutting of small channels
and waterways.
An underground reservoir or tank for storing rainwater.
In a Karst geologic area, a distinct bowl-shaped depression
in the land surface; size and amplitude are variable; drainage is
internal. It differs from a sinkhole in that the ground surface is
unbroken and usually occurs in greater density per unit area.
The Lycoming County Conservation District.
A structure with appurtenant works which carries a stream
under or through an embankment or fill.
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.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., ten-year storm) and duration (e.g.,
24 hours), and used in designing stormwater management systems.
A basin designed to retard stormwater runoff by temporarily
storing the stormwater runoff and releasing it at a predetermined
rate. A detention basin may be designed to drain completely after
a storm event (dry pond), or it may be designed to contain a permanent
pool of water (wet pond).
A person or persons, partnership, association, corporation
or other entity, or any responsible person therein or agent thereof,
who undertakes the activities covered by this chapter.
The specific tract of land for which a regulated activity
is proposed.
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
The documentation of the stormwater management system, if
any, to be used for a given development site, the contents of which
are established in Section 403.
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.
[Added 3-22-2005 by Ord. No. 311]
A recorded agreement of right-of-way granted, but not dedicated,
for limited use of private land for a public or quasi-public purpose,
identified on the final plan, and within which the owner of the property
shall not erect any permanent structures but shall have the right
to make any other use of the land which is not inconsistent with the
rights of the grantee.
The removal of soil, stone, and other surface materials by
the action of natural elements.
A plan designed to minimize accelerated erosion and sedimentation.
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.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration Flood Hazard Boundary
- Mapped as being a special flood hazard area. Also included are areas
that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania
Department of Environmental Protection (PA DEP) Technical Manual for
Sewage Enforcement Officers (as amended or replaced from time to time
by PA DEP).
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.
A large rectangular box of heavy-gage wire mesh which holds
large cobbles and boulders; used in streams and ponds to change flow
patterns, stabilize banks, or prevent erosion.
The basic or fundamental rock stratigraphic unit in the local
classification of rocks, consisting of a body of rock (usually a sedimentary
stratum or strata but also igneous or metamorphic) generally characterized
by some degree of internal lithologic homogeneity or distinctive lithologic
features (such as chemical composition, structures, textures, gross
aspect of fossils or time of deposition). Typically used for mapping
the geology of an area.
A rock stratigraphic unit which is subordinate (a subject)
of a formation. This unit is not necessarily mappable and is usually
a unified subdivision of local extent that may or may not be contained
in more than one formation.
A body of standing water occurring in a sinkhole or closed
depression of a Karst region that is usually visible after sufficient
precipitation has occurred. It may form from slow permeability of
soils, rises in the water table or the development of a natural liner
of slow permeable clays or soils.
A slope, usually of a road, channel or natural ground, specified
in percent and shown on plans as specified herein. (TO) GRADE: To
finish the surface of a roadbed, top of embankment or bottom of excavation
The act of excavating and/or filling land for the purpose
of changing natural slope.
The replenishment of existing natural underground water supplies.
Impermeable surfaces, such as pavement or rooftops, which
limit the infiltration of water into the soil, as outlined in Table
A-2 of Appendix A, Section I of this chapter.[1]
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.
[Amended 3-22-2005 by Ord. No. 311]
A retention or detention basin designed to retain stormwater
runoff and release it at a specified rate.
A structure designed to direct stormwater runoff into the
ground, such as french drains, seepage pits, or seepage trenches.
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.
A type of topography that is formed over limestone, dolomite,
or gypsum by bedrock solution and that is characterized by closed
depressions or sinkholes, caves, and underground drainage (from AGI,
Glossary of Geology, 1972).
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;
Any subdivision of land;
Development in accordance with § 503(1.1)
of the PA Municipalities Planning Code.
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation, or any other activity which
causes land to be exposed to erosion.
A device used to spread out stormwater runoff uniformly over
the ground surface as sheet flow (i.e., not through channels). The
purpose of level spreaders is to prevent concentrated, erosive flows
from occurring, and to enhance infiltration.
Straight or gently curved, lengthy features frequently expressed
topographically as depressions or lines on the earth’s surface.
They can be more easily observed at a height of 100 meters or more
and are usually found by researching aerial photographs or satellite
photography. They are usually located in areas of faulting or in dense
jointing along some rock stratigraphy.
An incised or paved channel from inlet to outlet in a dry
basin which is designed to carry low stormwater runoff flows and/or
base flow directly to the outlet without detention.
A registered professional engaged by the Loyalsock Township
to provide municipal engineering services.
The Loyalsock Township, Lycoming County, Pennsylvania.
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.
[Added 3-22-2005 by Ord. No. 311]
Natural Resource Conservation Service (previously 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 drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
"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.
[Added 3-22-2005 by Ord. No. 311]
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The maximum rate of flow of water at a given point and time
resulting from a storm event.
Act of 1968, July 31, P.L. 805, as amended (53 P.S. 10101
et seq.).
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
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.
[Added 3-22-2005 by Ord. No. 311]
A rainfall-runoff relation used to estimate peak flow.
A drawing prepared by a registered professional in accordance
with the “As-Built Plans Requirements” policy memo of
Lycoming County; February 4, 1994, and as may be amended from time
to time.
An individual registered in and licensed by the State of
Pennsylvania, including for the purposes of this chapter civil engineers,
hydrologists, or other professionals of demonstrated capability to
properly prepare stormwater management plans.
Actions or proposed actions that impact stormwater runoff
in any manner.
Earth disturbance activity of one acre or more with a point
source discharge to surface waters or the municipality’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.
[Added 3-22-2005 by Ord. No. 311]
A “person,” as defined in the Stormwater Management
Act, Act of October 4, 1978, P.L. 864 Number 167, 32 P.S. § 680.1
et seq. (as amended).
A basin in which stormwater runoff from a given flood event
is stored and is not discharged into the downstream drainage system
during the flood 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.
A combination of large stone, cobbles, and boulders used
to line channels, stabilize banks, and reduce stormwater runoff velocities.
A vertical pipe extending from the bottom of a detention
basin that is used to limit the discharge rate from the detention
basin for a specified design storm.
Any part of precipitation that flows over the land surface.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other water-transported
material.
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.
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 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.
[Added 3-22-2005 by Ord. No. 311]
Stormwater runoff which flows over the ground surface as
a thin, even layer, not concentrated in a channel. Flow depth is generally
0.1 feet or less.
A localized, gradual or rapid sinking of the land surface
to a variable depth, occurring in areas of carbonate bedrock; generally
characterized by a roughly circular outline, a distant breaking of
the ground surface and downward movement of soil into bedrock voids.
The area inundated by the one-hundred-year, twenty-four-hour
storm, assuming no drainage from the sinkhole or closed depression
based upon anticipated stormwater runoff volumes with maximum development
permitted by zoning within the catchment area or area draining to
the sinkhole.
A method of computing stormwater runoff developed by NRCS,
and found in its publication National Engineering Handbook, Section
4, Hydrology (USDA, NRCS).
A depression in the embankment of a detention basin which
is used to pass peak discharge greater than the maximum design storm
that said detention basin was designed for.
As defined under state regulations, protection of designated
and existing uses (See 25 Pa. Code Chapters 93 and 96), including:
[Added 3-22-2005 by Ord. No. 311]
Each stream segment in Pennsylvania has a “designated
use,” such as “cold water fishery” or “potable
water supply,” which uses are listed in Chapter 93. These uses
must be protected and maintained, under state regulations.
"Existing uses" are those attained as of November
1975, regardless of whether they have been designated in Chapter 93.
Regulated earth disturbance activities must be designed to protect
and maintain existing uses and maintain the level of water quality
necessary to protect those uses in all streams, and to protect and
maintain water quality in special protection streams.
Water quality involves the chemical, biological
and physical characteristics of surface water bodies. After regulated
earth disturbance activities are complete, these characteristics can
be impacted by addition of pollutants such as sediment, and changes
in habitat through increased flow volumes and/or rates as a result
of changes in land surface area from those activities. Therefore,
permanent discharges to surface waters must be managed to protect
the stream bank, streambed and structural integrity of the waterway,
to prevent these impacts.
A system of pipes or other conduits which carries intercepted
surface stormwater runoff, street water and other wash water or drainage,
excluding domestic sewage and industrial wastes.
The total amount of precipitation reaching the ground surface.
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.
Tabular or sheet-like mass, distinct layers of homogenous
or gradational sedimentary material (consolidated rock or unconsolidated
earth) of any thickness, visually separable from other layers above
and below by a discrete change in the character of the material deposited
or by a sharp physical break, deposition or both.
A stratum or body of strata recognized as a unit in the classification
of the rocks of the earth’s crust with respect to any specific
rock character, property, attribute or for any purpose such as description,
mapping, and correlation.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
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.
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.
[Added 3-22-2005 by Ord. No. 311]
A low-lying stretch of land or wide shallow ditch, usually
grassed or paved, which gathers or carries stormwater runoff.
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.
The general configuration of a land surface or any part of
the earth’s surface, including its relief and position of its
natural and man-made features. The natural or physical surface features
of a region, considered collectively as to its form.
United States Department of Agriculture.
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.
[Amended 3-22-2005 by Ord. No. 311]
The entire region or area drained by a river or other body
of water, whether natural or artificial; a drainage basin or subbasin.
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.
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.
[1]
Editor’s Note: Said appendix is on file
and available for inspection in the Loyalsock Township office.
