Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this article.
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 term "person" includes an individual, partnership, corporation,
unincorporated association, estate or any other legally recognized
entity.
D.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
The following words and phrases shall have the particular meaning assigned by this section of this chapter. Additionally, the words and phrases which are used in this chapter and not defined below shall have the meaning assigned by Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.
The tilling of the soil, the raising of crops, forestry,
horticulture and gardening, including the keeping or raising of livestock,
such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits,
birds, fish, bees and other similar animals. Construction of new buildings
or impervious area is not considered an agricultural activity.
A landowner, developer or other person who has filed an application
to the Township for approval to engage in any regulated activity at
a project site in the Township.
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 chapter. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural." In this chapter, 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,
permeable paving, grassed swales, riparian or forested buffers, sand
filters, detention basins and manufactured devices. Structural stormwater
BMPs are permanent appurtenances to the project site.
The Board of Supervisors of the Township of Silver Spring,
Cumberland County, Pennsylvania.
Rock types that are affected by dissolution weathering process
caused by slightly acidic groundwater. The most common types of rock
that are categorized as carbonate rock are limestone (calcium carbonate
and dolomite calcium magnesium carbonate.)
Interconnected solution features within the bedrock surface.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
Fine-grained soil that is used in the construction of a liner
that limits the rate of surface water intrusion into the subsurface.
A bowl-shaped depression in the land surface characterized
by internal drainage. A "ghost lake" is a closed depression which
has visible standing water after a heavy rainfall event.
A conservation district, as defined in section 3(c) of the
Conservation District Law [3 P.S. § 851(c)], which has the
authority under a delegation agreement executed with the Department
to administer and enforce all or a portion of the erosion and sediment
control program in this commonwealth.
A structure with appurtenant works which carries a watercourse
under or through an embankment or fill.
The deliberate appropriation of property by its owner for
general public use.
The Pennsylvania Department of Environmental Protection.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., twenty-five-year storm) and duration
(e.g., twenty-four-hour storm) and used in computing stormwater management
control systems.
A reservoir which temporarily contains stormwater runoff
and releases it gradually into a watercourse or stormwater drainage
system.
The volume of runoff that is captured and then infiltrated,
evaporated, reused, or released into the waters of this commonwealth
at a controlled rate.
Anyone who undertakes land disturbance activities, as defined
in this chapter.
See "project site."
The removal of soluble materials from intact carbonate rock
by slightly acidic groundwater.
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A construction or other human activity which disturbs or
exposes the underlying soil, including, but not limited to, clearing
and grubbing; grading; excavations; embankments; road maintenance;
building construction; the moving, depositing, stockpiling, or storing
of soil, rock or earth materials.
The processes by which soil particles are detached and transported
by action of natural forces.
The initial condition of a project site prior to the proposed
construction.
A fracture in bedrock along which movement has taken place.
Federal Emergency Management Agency.
Materials that predominantly consist of silt and clay size
particles.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The projected heights, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The portion of the one-hundred-year floodplain outside the
area.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The one-hundred-year floodway and that maximum area of land
that is likely to be flooded by a one-hundred-year flood, as shown
on the floodplain maps provided by FEMA.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An area of land adjacent to the channel of a watercourse,
which has been or is likely to be flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the one-hundred-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 one-hundred-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.
A margin of safety, expressed in feet, above the one-hundred-year
flood elevation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As defined and regulated by the PADEP or EPA.
A land use that has the potential to have an increased amount
of stormwater pollutant runoff based upon its use of chemicals, oil-based
products, pesticides, fertilizers, large traffic volume and/or outdoor
storage.
[Added 2-13-2013 by Ord.
No. 1-2013]
Refers to soils grouped according to their runoff-producing
characteristics. The chief consideration is the inherent capacity
of soil bare of vegetation to permit infiltration. 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.
A liner system that reasonably prohibits the infiltration
of surface water into the subsurface.
Any material that covers the land, which inhibits the percolation
of stormwater directly into the soil, including but not limited to
buildings, pavement, stone areas, and stormwater facilities (detention/retention
basins) or other equivalent surfaces not designed as a best management
practice (BMP). Acceptable BMPs shall be as defined in the Pennsylvania
Department of Environmental Protection's Stormwater Best Management
Practices Manual, latest edition.
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. The terrain that results from the dissolution of carbonate
rock.
The dissolution of carbonate rock by slightly acidic groundwater.
Inclusive of 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 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.
The use of land for activities in the following categories.
(Note: For the purpose of defining minor and major land disturbances,
area calculations are cumulative.)
MAJOR LAND DISTURBANCEThe use of land involving:
Installation of new impervious or semi-impervious surface that
is either in excess of 5,000 square feet or 2/3 of the total lot area;
or
Diversion or piping of any natural or man-made watercourse;
or
Removal of ground cover, grading, filling or other excavation
in excess of one acre, except for the agricultural use of land when
operated in accordance with a farm conservation plan approved by the
Cumberland County Conservation District.
MINOR LAND DISTURBANCEThe use of land involving:
The installation of new impervious or semi-impervious surface
between 1,000 and 5,000 square feet; or
Removal of ground cover, grading, filling or excavation between
5,000 square feet and one acre, except for the agricultural use of
land when operated in accordance with a farm conservation plan approved
by the Cumberland County Conservation District.
Linear topographic features that locate faults and fractures.
Silver Spring Township, Cumberland County, Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
Any area not defined as impervious.
The specific area of land where any regulated activities
in the Township 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 the
chapter.
Shall include, but not be limited to, any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff as specified in § 345-5 of this chapter.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapters 92a, 102, or the Clean Streams Law.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Soils derived from the in-place weathering of the underlying
bedrock.
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 occur one time. For example,
the twenty-five-year return period rainfall would be expected to occur
on average once every 25 years; or stated in another way, the probability
of a twenty-five-year storm occurring in any one year is 0.04 (i.e.,
a four-percent chance).
A vegetated area along a river, stream, creek, rivulets,
watercourse and wetlands that serves to buffer the water body from
the effects of runoff by providing water quality filtering, bank stability,
recharge, rate attenuation and volume reduction and shading of the
water body by vegetation.
[Added 2-13-2013 by Ord.
No. 1-2013]
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
A reservoir designed to retain sediment.
A surface, such as stone, rock, or other material, which
prevents some percolation of water into the ground.
Localized land surface subsidence or collapse due to karst
processes. Sinkholes are categorized as solution sinkholes, collapse
sinkholes and subsidence sinkholes.
Where water flows naturally out of the bedrock or the overlying
soil mantle onto the land surface.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.[2]
A system of pipes, conduits, swales or other similar structures,
including appurtenant works, which carries intercepted runoff and
other drainage but excludes domestic sewage and industrial waste.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a development while
promoting the protection and conservation of groundwater and groundwater
recharge.
Abbreviated as BMPs or SWM BMPs throughout this chapter.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses,
and floodplains) used to effect a stormwater management program.
The Cumberland County Stormwater Management Plan for managing
stormwater runoff adopted by the County of Cumberland as required
by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and
known as the "Stormwater Management Act."
The plan prepared by the developer, Township or other entity
indicating how stormwater runoff will be managed at the development
site in accordance with this chapter. Stormwater management site plan
will be designated as "SWM site plan" throughout this chapter.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[3]
Silver Spring Township, Cumberland County, Pennsylvania.
Biological species or chemical compounds which are deemed
to be toxic or hazardous by the Pennsylvania Department of Environmental
Protection.
United States Department of Agriculture.
A permanent or intermittent stream, river, brook, creek,
run, channel, swale, pond, lake or other body of water, whether natural
or man-made, for gathering or carrying surface water.
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.
Region or area drained by a river, watercourse or other surface
water of the commonwealth.
Those 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, fens and similar areas.
