[Ord. 432, 10/1/2008]
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only; provided, however, that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance or ordinance
provision. All of said ordinance or ordinance provisions shall remain
in full force and effect and are not repealed hereby as they pertain
to such acts and to the processing of such plans filed prior to the
effective date of this chapter, which are protected from the effect
of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities
Planning Code.
[Ord. 432, 10/1/2008]
As used in this chapter, the following terms shall have the
meanings indicated:
AASHTO
The American Association of State Highway and Transportation
Officials. The web site home page for ASHTO is http://transportation1.org/aashtonew/.
ACCD
The Allegheny County Conservation District.
ACHD
The Allegheny County Health Department.
ACT 167
The Storm Water Management Act (Act of October 4, 1978, P.L.
864, No. 167; 32 P.S. § 680.1-680.17, as amended).
ACT 167 PLAN (or WATERSHED PLAN)
The plan for managing stormwater runoff throughout a designated
watershed adopted by Allegheny County as required by the Pennsylvania
Storm Water Management Act.
AGRICULTURAL ACTIVITY
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.
APPLICANT
A landowner, developer or other person who has filed an application
for approval to engage in any regulated earth-disturbance activity
at a project site in the municipality.
AQUIFER
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated, permeable material to yield useful
quantities of groundwater to wells and springs.
ATTENUATE
To reduce the magnitude of the flow rate by increasing the
time it takes to release a specified volume of runoff (for example,
the one-year, twenty-four-hour storm event). Attenuation is a method
of reducing the peak flow rates for post-development compared to the
peak flow rates in predevelopment.
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.
BEST MANAGEMENT PRACTICE (BMP)
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 these regulations. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
structural or nonstructural. In these regulations, 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.
[Amended by Ord. 497, 11/19/2018]
CFS
Cubic feet per second.
CHANNEL
A natural or artificial watercourse that conveys, continuously
or periodically, flowing water.
CONCENTRATED STORM RUNOFF
Surface runoff from rainfall events, which converges and
flows primarily through water-conveyance features such as swales,
gullies, waterways, channels or storm sewers and which exceeds the
maximum specified flow rates of filters or perimeter controls intended
to control sheet flow.
CONSERVATION DESIGN
A series of holistic land development design practices that
maximize protection of key land and environmental resources, preserve
significant concentrations of open space and greenways, evaluate and
maintain site hydrology, and ensure flexibility in development design
to meet community needs for complementary and aesthetically pleasing
development. Conservation design encompasses the following objectives:
conservation/enhancement of natural resources, wildlife habitats,
biodiversity corridors and greenways (interconnected open space);
minimization of environmental impact resulting from a change in land
use (minimum disturbance, minimum maintenance); maintenance of a balanced
water budget by making use of site characteristics and infiltration;
incorporation of unique natural, scenic and historic site features
into the configuration of the development; preservation of the integral
characteristics of the site as viewed from adjoining roads; and reduction
in maintenance required for stormwater management practices. Such
objectives can be met on a site through an integrated development
process that respects natural site conditions and attempts, to the
maximum extent possible, to replicate or improve the natural hydrology
of a site.
CONSERVATION DISTRICT
A conservation district, as defined in § 3(c) of
the Conservation District Law [3 P.S. § 851(c)], that has
the authority under a delegation agreement executed with PA DEP to
administer and enforce all or a portion of the regulations promulgated
under 25 Pa. Code Chapter 102.
[Amended by Ord. 497, 11/19/2018]
DEP
The Pennsylvania Department of Environmental Protection.
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 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 or TO DETAIN
The prevention of, or to prevent, the discharge, directly
or indirectly, of a given volume of stormwater runoff into surface
waters by temporary storage.
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).
DISTURBED AREA
An unstabilized land area where an earth disturbance is occurring
or has occurred.
DITCH
An artificial waterway for irrigation or stormwater conveyance.
DRAINAGE AREA
That land area contributing runoff to a single point and
that is enclosed by a ridge line.
DRAINAGE SYSTEM
All facilities and natural features used for the movement
of stormwater through and from a drainage area, including but not
limited to any and all of the following: conduits, pipes and appurtenant
features, channels, ditches, flumes, culverts, streets, swales, gutters,
as well as all watercourses, water bodies and wetlands.
EARTH DISTURBANCE
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.
EASEMENT
A right of use of a specified portion of land of another
for a specified purpose.
ENGINEER
A professional engineer duly appointed as the Engineer for
the municipality.
EPA
The Environmental Protection Agency.
EROSION
The wearing away of land surface by water or wind which occurs
naturally from weather or runoff but is often intensified by human
activity.
EXISTING CONDITION
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
FEMA
The Federal Emergency Management Agency.
FIRST-ORDER STREAM
The uppermost perennial tributary in a watershed that has
not yet confluenced with another perennial stream. The confluence
of two first-order streams forms a second-order stream.
FLOODPLAIN
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Federal Emergency Management
Agency (FEMA) maps and studies as being a special flood hazard area.
FLOODWAY
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.
FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forestland.
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
The difference between the elevation of the design flow in
the emergency spillway (usually the one-hundred-year peak elevation)
and the top elevation of the settled basin embankment (that is, top
of berm). The minimum freeboard shall be one foot.
GROUNDWATER
Water that occurs in the subsurface and fills or saturates
the porous openings, fractures and fissures of underground soils and
rock units.
HOTSPOT
An area 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 SOIL GROUP (HSG)
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into four HSG's (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The Natural Resources Conservation Service (NRCS) of the
United States Department of Agriculture 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.
HYDROLOGY
The study of the properties, distribution, circulation and
effects of water on the Earth's surface, soil and atmosphere.
IMPERVIOUS SURFACE
A surface (area) which has been compacted or covered with
a layer of material so that it is resistant to infiltration by water.
It includes semipervious surfaces such as compacted clayey soils,
as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots, and other similar surfaces. "Net increase of impervious
surface" refers to the difference between the existing impervious
coverage and the total impervious surface proposed.
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.
INTENSITY
The depth of accumulated rainfall per unit of time.
INTERMITTENT STREAM
A defined channel in which surface water is absent during
a portion of the year, as groundwater levels drop below the channel
bottom.
KARST
A type of topography that is formed over limestone or other
carbonate rock formations by dissolving or solution of the rock by
water and that is characterized by closed depressions, sinkholes,
caves, a subsurface network of solution conduits and fissures through
which groundwater moves, and no perennial surface drainage features.
LAND DEVELOPMENT (DEVELOPMENT)
Inclusive of any or all of the following meanings:
A.
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.
C.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
LEVEL SPREADER
A low earthen berm constructed perpendicular to the direction
of slope and extending across the width of the slope for the purpose
of intercepting surface runoff and spreading it behind the berm to
enhance infiltration and reduce erosion and runoff from the slope.
The purpose of a level spreader is to prevent concentrated, erosive
flows from occurring and to spread out stormwater runoff uniformly
over the ground as sheet flow.
LOADING
The total amount (generally measured in pounds or kilograms
per acre per year) of material (sediment, nutrients, oxygen-demanding
material, or other chemicals or compounds) brought into a lake, stream
or water body by in flowing streams, runoff, direct discharge through
pipes, groundwater, the air (aerial or atmospheric deposition) and
other sources over a specific period of time (often annually).
LOW-IMPACT DEVELOPMENT (LID)
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on site.
[Added by Ord. 497, 11/19/2018]
MAINTENANCE
The action taken to restore or preserve the as-built functional
design of any facility or system.
MEADOW CONDITION
A natural groundcover with less than one viable tree of a
DBH of six inches or greater per 1,500 square feet within 10 years
of application; a cover condition for which SCS curve numbers have
been assigned or to which equivalent Rational Method runoff coefficients
have been assigned.
MS4
Municipal separate storm sewer system.
MUNICIPALITY
The local government that adopted this chapter.
NEW DEVELOPMENT
Any activity regulated by this chapter that is not considered
a redevelopment as defined in this chapter.
NOAA
The National Oceanic and Atmospheric Administration.
NONSTRUCTURAL STORMWATER MANAGEMENT PRACTICES
Passive site design approaches or regulatory approaches that
positively impact water quality and reduce or minimize the generation
of stormwater runoff without requiring the construction of specific
or discrete stormwater management control structures.
NRCS
The Natural Resources Conservation Service.
OPEN CHANNEL
Any natural or man-made watercourse or conduit in which water
flows with a free surface.
OPEN VEGETATED CHANNEL
Also known as "swales," "grass channels," and "biofilters."
These systems are used for the conveyance, retention, infiltration
and filtration of stormwater runoff.
PACD
The Association of Conservation Districts.
PA DEP
The Pennsylvania Department of Environmental Protection.
PASTURE CONDITION
A ground cover of grassland or range with continuous forage
for grazing and greater than 75% ground cover and lightly or only
occasionally grazed; a cover condition for which the Soil Conservation
Service curve numbers have been assigned or to which equivalent Rational
Method runoff coefficients have been assigned.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm
event.
PennDOT
The Pennsylvania Department of Transportation.
PERCOLATION RATE
The rate of movement of water under hydrostatic pressure
through interstices of rock or soil. For stormwater analysis, it is
typically measured as a distance per unit of time (e.g., inches per
hour).
PREDEVELOPMENT ASSUMPTION
The ground cover assumption used when analyzing the stormwater
runoff characteristics of a drainage area prior to the proposed development.
PROJECT SITE
The specific area of land where any regulated activities
in the municipality are planned, conducted or maintained.
QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
RATE
Volume per unit of time.
RECEIVING WATERS
Any water bodies, watercourses or wetlands into which surface
waters flow.
RECHARGE
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
REDEVELOPMENT
An existing, developed property and/or a graded, altered
and compacted site (as of or after the date of adoption of this chapter)
that is proposed for reconstruction involving the demolition or partial
demolition of the property.
REGULATED ACTIVITIES
Any earth disturbances or any activities that involve the
alteration or development of land in a manner that may affect postconstruction
stormwater runoff.
RELEASE-RATE PERCENTAGE
The percentage of predevelopment peak rate of runoff from
a watershed subarea (as delineated in the Act 167 watershed plan),
which defines the allowable post-development peak discharge from any
development site in that subarea.
RETENTION BASIN
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Retention basins may also be designed to permanently retain
additional stormwater runoff. Retention basins are designed to retain
a permanent pool of water during dry weather.
RETENTION or TO RETAIN
The prevention of direct discharge of stormwater runoff into
receiving waters or water bodies by temporary or permanent containment
in a pond or depression; examples include systems which discharge
by percolation to groundwater, exfiltration, and/or evaporation processes
and which generally have residence times of less than three days.
RETURN PERIOD
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.
RIPARIAN
Pertaining to anything connected with or immediately adjacent
to the banks of a stream or other body of water.
RIPARIAN BUFFER
A permanent vegetated area of trees and shrubs located adjacent
to streams, lakes, ponds, and wetlands.
[Amended by Ord. 497, 11/19/2018]
SCS
The Soil Conservation Service.
SEDIMENT
Fragmented material that originated from weathering rocks
and decomposing organic material that are transported by, suspended
in, and eventually deposited in the stream bed.
SEDIMENTATION
Occurs when sediment particles that have been suspended within
flowing water are deposited on the stream bottom or floodplain.
SHEET FLOW
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
SLAMM
Source Loading and Management Model. This model is based
on small storm hydrology and pollutant runoff from urban land uses.
Pollutant sources are identified, and both structural and nonstructural
stormwater practices can be accounted for in the model.
SPECIAL FLOOD HAZARD AREA
Those areas identified by the Federal Emergency Management
Agency (FEMA), Federal Insurance Administration (FIA), as floodway
area (FW), flood fringe area (FF), and general floodplain area (FA);
where determined by the municipality, identified alluvial soils may
be included as well.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.
STORM EVENT
The storm of a specific duration, intensity, and frequency.
STORMWATER MANAGEMENT PLAN
The approved detailed analysis, design, and drawings of the
stormwater management system required for all construction.
STORMWATER MANAGEMENT PRACTICES
The designed and/or constructed features which infiltrate,
treat, collect, convey, channel, store, inhibit, or divert the movement
of stormwater; such practices include structural and nonstructural
practices.
STORMWATER or RUNOFF
The flow of water overland and/or in water bodies that results
from and occurs during and immediately following a rainfall event.
STRUCTURE
Anything constructed or installed with a fixed location on
the ground or attached to something having a fixed location on the
ground.
SUBAREA (SUBBASIN)
A portion of the watershed (basin) that has similar hydrological
characteristics and drains to a common point.
SUBDIVISION
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.
SUBGRADE
The top elevation of graded and compacted earth underlying
roadway pavement.
SWALE
An artificial or natural waterway which may contain contiguous
areas of standing or flowing water only following a rainfall event,
or is planted with or has stabilized vegetation suitable for soil
stabilization, stormwater treatment, and nutrient uptake, or is designed
to take into account the soil erodibility, soil percolation, slope,
slope length, and contributing drainage area so as to prevent erosion
and reduce the pollutant concentration of any discharge.
SWMM
Stormwater Management Model. The EPA developed this model
for analyzing stormwater quantity and quality associated with runoff
from urban areas. Both single event and continuous simulation can
be performed on catchments having storm sewers, or combined sewers
and natural drainage, for prediction of flows, stages and pollutant
concentrations. Information on SWMM is available at http://www.epa.gov/ceampubl/swater/swmm/index.htm.
USDA
The United States Department of Agriculture.
USDOT FHWA
The United States Department of Transportation, Federal Highway
Administration.
WATER BODY
Any natural or artificial pond, lake, reservoir, or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline and receives surface water flow.
WATERCOURSE
A permanent or intermittent stream or other body of water,
whether natural or man-made, which gathers or carries surface water.
WATERSHED
Region or land area drained by a river, watercourse, or other
surface water of this commonwealth to a downstream point.
[Amended by Ord. 497, 11/19/2018]
WATERS OF THE COMMONWEALTH
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.
WATER TABLE
The uppermost level of saturation of pore space or fractures
by subsurface water in an aquifer. "Seasonal high water table" refers
to a water table that rises and falls with the seasons due either
to natural or man-made causes.
WETLAND
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.
WETLANDS
Land areas that are inundated or saturated by surface water
or groundwater with 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 (wetlands
generally include swamps, marshes, bogs, and similar areas); or areas
that are defined and delineated in accordance with the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, dated January
10, 1989, and as may be amended from time to time; or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency, or the Pennsylvania Department
of Environmental Protection.
WOODLAND CONDITION
A natural groundcover with more than one viable tree of a
DBH (diameter at breast height) of six inches or greater per 1,500
square feet which existed within 10 years of application; a cover
condition for which SCS curve numbers have been assigned or to which
equivalent rational method runoff coefficients have been assigned.