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 words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
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, or pasturing
and raising of livestock, and installation of conservation measures.
Construction of new buildings or impervious area is not considered
an agricultural activity.
A landowner, developer or other person who has filed an application
for approval to engage in any regulated activity at a project site
in the City of Nanticoke.
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 process of collecting runoff to be managed by a stormwater
BMP.
A conservation district, as defined in Section 3(c) of the
Conservation District Law [3 P.S. § 851(e)] 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; refers to the Luzerne Conservation District
unless otherwise noted.
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 this commonwealth at a controlled rate.
See "land development."
Any human-induced change to improved or unimproved real estate,
whether public or private, including, but not limited to, land development,
construction, installation or expansion of a building or other structure,
land division, street construction, drilling and site alteration such
as embankments, dredging, grubbing, grading, paving, parking or storage
facilities, excavation, filling, stockpiling or clearing.
An impervious or impermeable surface that is disconnected
from any stormwater drainage or conveyance system and is redirected
or directed to a pervious area, which allows for infiltration, filtration
and increased time of concentration as specified in Appendix C.1,
Disconnected Impervious Area.[1]
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; 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 during the five-year period immediately
preceding a proposed regulated activity.
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 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 porous fabric manufactured from synthetic fiber that is
used to provide separation between different types of media (i.e.,
between soil and stone).
Considered to be impervious when the intended use of the
stone is for transportation purposes, parking areas, construction
areas, trails or if the gravel is compacted at any time during or
after its placement; landscaping stone is not considered an impervious
area.
Areas where land use or activities generate highly contaminated
runoff, with concentrations of pollutants that are higher than those
that are typically found in stormwater (e.g., vehicle salvage yards
and recycling facilities, vehicle fueling stations, fleet storage
areas, vehicle equipment and cleaning facilities, and vehicle service
and maintenance facilities).
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[2]).
A surface that prevents the infiltration of water into the
ground. Impervious surfaces include, but are not limited to, streets,
sidewalks, pavements, parking lots, driveways, roofs, stone patios.
See definition of "gravel (crushed stone)" for when gravel classifies
as impervious area.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolated downward
to recharge groundwater.
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 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 Code, Act 247, as amended.[3]
A land development and construction approach that uses various
land planning, design practices, and technologies to simultaneously
conserve and protect natural resource systems while allowing for necessary
infrastructure improvements associated with land development.
The City of Nanticoke, Luzerne 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 impervious.
The specific area of land where any regulated activities
in the City of Nanticoke 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.
Any development that requires demolition or removal of existing
structures or impervious surfaces at a site and replacement with new
impervious surfaces. 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.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102, or the Clean Streams Law.
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).
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.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Abbreviated as "BMPs" or "SWM BMPs" throughout this chapter.
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; french drains; underground on-lot seepage pits; and
infiltration facilities.
The Luzerne County Stormwater Management Plan for managing
stormwater runoff adopted by the County of Luzerne 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 or his representative
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.
United States Department of Agriculture.
The ratio of the volume of void space to the total volume
of the BMP material (void space plus solid material/media providing
structural support to create the storage area).
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.
