For the purposes of this Part 1, certain terms and words used
herein shall be interpreted as follows:
A.Â
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.Â
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.Â
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, unit of government, or any
other similar entity.
D.Â
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.Â
The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
F.Â
For the purpose of this Part 1, any word or term not defined shall
be used with a meaning of standard usage.
For purposes of this Part 1, the following terms shall be given
the following meanings:
The removal of the surface of the land through the combined
action of man's activity and the natural processes of a rate greater
than would occur because of the natural process alone.
The work of producing crops and raising livestock, including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. For purposes of regulation by this Part 1,
construction of new buildings or impervious area 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; land disturbance.
A person, entity, land owner and/or developer who has filed
an application for approval to engage in any regulated activities
as defined in this Part 1.
The Township-approved plans as 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.
A plan of the stormwater management improvements as constructed
on a lot or right-of-way. Said survey must be prepared by a Pennsylvania
registered land surveyor.
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
The portion of stream flow that is sustained by groundwater
discharge.
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
Stormwater structures, facilities and techniques to control,
maintain or improve the quantity and quality of surface runoff and
groundwater recharge.
The area of land immediately adjacent to any wetland, lake,
pond, or stream, measured perpendicular to and horizontally from the
delineated edge of the wetland, lake, pond, or the top-of-bank on
both sides of a stream.
The widening, deepening, and headward cutting of small channels
and waterways caused by stormwater runoff or bankfull flows.
An underground reservoir or tank for storing rainwater.
The Monroe County Conservation District.
That part of water removed from the immediate water environment
not available for other purposes such as water supply, maintenance
of stream flows, water quality, fisheries and recreation, as opposed
to water that is used nonconsumptively, which is returned to surface
water, where practicable, and groundwater.
A structure with appurtenant works, which carries water 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 Pennsylvania Department of Environmental Protection.
The agent of the Township of Tobyhanna involved with the
administration, review or enforcement of any provisions of this Part
1. An agent may be of Monroe County Planning Commission, Monroe County
Conservation District if by contract or memorandum of understanding
with the Township of Tobyhanna.
A Pennsylvania registered professional engineer, registered
landscape architect or a registered professional land surveyor trained
and experienced in the design of stormwater management plans.
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.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.
A person or persons, partnership, association, corporation
or other entity, or any responsible person therein or agent thereof,
that undertakes the activities covered by this Part 1.
The specific tract of land for which a regulated activity
is proposed.
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
Land area where an earth disturbance activity is occurring
or has occurred.
To collect and divert runoff away from an earth disturbance
area.
That portion of the property line of the lot, tract, or parcels
of land being developed located such that overland or pipe flow from
the site would be directed towards it.
A stormwater management facility designed to transmit stormwater
runoff and shall include channels, swales, pipes, conduits, culverts,
storm sewers, etc.
A right granted by a grantor to a grantee, allowing the use
of private land for stormwater management purposes.
A permit issued by the municipality after the drainage plan
has been approved.
The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in § 124-19.
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.
A conveyance area (e.g., a depression in the embankment of
a pond or basin) that is used to safely convey peak discharge greater
than the maximum design storm controlled by the stormwater facility.
The principal outfall structure may not serve as an emergency spillway.
A structure or activity that changes, expands or diminishes
the course, current or cross section of a watercourse, floodway or
body of water.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A site-specific plan identifying BMPs to minimize accelerated
erosion and sedimentation. For agricultural plowing or tilling activities,
the erosion and sediment control plan is that portion of a conservation
plan identifying BMPs to minimize accelerated erosion and sedimentation.
A map showing environmentally sensitive areas, including, but not limited to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, floodplains, buffer areas, hydrologic soil groups A and B (areas conducive to infiltration), any existing recharge areas, compliance with the map preparation criteria denoted in § 124-19B and any other plan preparation criteria outlined in the municipal Subdivision and Land Development Ordinance[1] as may be required by the municipality.
A surface water that meets one or more of the conditions as defined by the Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, Section 93.4b(b).
The initial condition of a project site prior to the proposed
alteration. 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.
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.
The lands adjoining a river or stream that have been or may
be expected to be inundated by floodwaters in the one-hundred-year-frequency
flood.
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.
Planning and activities necessary for the management of forestland
with no change of land use proposed. These include timber inventory
and preparation of forest management plans, silvicultural treatment,
cutting budgets, logging road design and construction, timber harvesting
and reforestation.
A vertical distance between the elevation of the design high-water
and the top of a dam, levee, tank, basin, swale, or diversion berm.
The space is required as a safety margin in a pond or basin.
A slope, usually of a road, channel or natural ground, specified
in percent and shown on plans as specified herein.
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 convey surface water.
Replenishment of existing natural underground water supplies.
Those chemicals or substances that are physical hazards or
health hazards as defined and classified in the International Fire
Code and the International Building Code, whether the materials are
in usable or waste condition.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS) computer program.
A surface water that meets one or more of the conditions as defined by the Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, Section 93.4b(a), as amended.
In general terms, the hydrologic cycle or balance that sustains
quality and quantity of stormwater, base flow, storage, and groundwater
supplies under natural conditions.
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 little runoff, to D soils, which are not very permeable
and produce much more runoff.
A surface that prevents the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
A retention basin or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
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.
Movement of surface water into soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolates downward
to recharge groundwater.
A structure designed to direct runoff into the underground
water (e.g., french drains, seepage pits, seepage trench).
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.
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.
A subdivision of land;
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[2]
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling.
A rock with open joints, fracture or solution channels, or masses
of loose rock fragments, including gravel, with insufficient fine
soil to fill the voids between the fragments.
A rock formation, other stratum, or soil condition which is
so slowly permeable that it effectively limits downward passage of
water.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any stream segment or other runoff conveyance facility used
as a reach in the Brodhead/McMichaels hydrologic model.
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.
Township of Tobyhanna, Monroe County, Pennsylvania.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
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.
Natural Resource Conservation Service (previously SCS).
A drainage element in which stormwater flows within 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 where water flows from a conduit, stream, or drain.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The parcel of land from which a land development or subdivision
originates existing as of the date of municipal adoption of the original
Brodhead or McMichaels Creek Ordinance.
Involves the use of parking areas as temporary impoundments
with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
The computer-based hydrologic modeling technique adapted
to the Brodhead/McMichaels Watershed for the Act 167 plan. The model
has been "calibrated" to reflect actual recorded flow values by adjoining
key model input parameters.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or a combination
of residential and nonresidential uses, the development plan for which
may not correspond in lot size, bulk, type of dwelling or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of the municipality's ordinances.
The Planning Commission of the Township of Tobyhanna.
The flood that may be expected from the most severe combination
of critical meteorologic and hydrologic conditions that are reasonably
possible in an 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).
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
Undeveloped/natural condition.
Techniques employed in structural and nonstructural stormwater
BMPs to provide storage or filtering to help trap coarse materials
and other pollutants before they enter the system.
A rainfall-runoff relation used to estimate peak flow.
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
Original documents revised to suit the as-built conditions
and subsequently provided by the engineer to the client. The engineer
takes the contractor's as-builts, reviews them in detail with his/her
own records for completeness, then either turns these over to the
client or transfers the information to a set of reproducibles, in
both cases for the client's permanent records.
Any construction, alteration, or improvement exceeding 5,000
square feet of impervious surface on sites where existing land use
is commercial, industrial, institutional, or residential.
Actions or proposed actions that have an impact on stormwater
runoff quality and quantity and that are specified in this Part 1.
The percentage of the pre-development peak rate of runoff
for a development site to which the post-development peak rate of
runoff must be controlled to protect downstream areas.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released at a controlled
rate from the basin at some time after the end of the storm.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur.
A vertical pipe that is typically extended from the bottom
of a detention basin and 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.
Subdivision and Land Development Ordinance.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water during construction.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water or air.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth.
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.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
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).
The zone through which contaminants, if present, are likely
to migrate and reach a drinking water well or surface water intake.
Watersheds for which the receiving waters are exceptional-value
(EV) or high-quality (HQ) waters.
A conveyance that is used to pass the peak discharge of the
maximum design storm controlled by the stormwater facility.
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.
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."
A system of pipes or other conduits that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
The surface runoff generated by 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 quality and quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration structures.
The plan for managing those land use activities that will
influence stormwater runoff quality and quantity and that would impact
the Brodhead/McMichaels Watershed as required by the Act of October
4, 1978, P.L. 864 (Act 167), as amended.[3]
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this Part 1.
A natural watercourse.
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
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, partition by the court
for distribution to heirs or devisees, 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
dwelling, shall be exempted.
A low-lying stretch of land which gathers or carries surface
water 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.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a river or other body
of water, whether natural or artificial.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs, and 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.
The point at which a groundwater well bore hole meets the
surface of the ground.
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.
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.
