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, partnership, public or
private association or corporation, firm, trust, estate, municipality,
governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any section prescribing or imposing a penalty, the term "person"
shall include the members of a partnership, the officers, members,
servants and agents of an association, officers, agents and servants
of a corporation, and the officers of a municipality.
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, occupied, or maintained."
F.
The definitions in this chapter are for the purposes of enforcing
the provisions of this chapter and have no bearing on other municipal
regulations or ordinances.
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, plowing,
disking, harrowing, planting or 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 to the municipality for approval to engage in any regulated
activity as defined in this chapter.
Engineering or site plans or drawings that document the actual locations, dimensions and elevations of the improvements, and building components, and changes made to the original design plans. The final version of these documents, or a copy of same, is signed and sealed by a qualified licensed professional and submitted to the municipality at the completion of the project, as per the requirements of § 165-33 of this chapter as "final as-built plans."
The channel at the top-of-bank or the point from which water
begins to overflow onto a floodplain.
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.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to provide
water quality treatment, infiltration, volume reduction, and/or peak
rate control, 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 site.
See "riparian buffer."
See "karst."
Cubic feet per second.
A natural or artificial open drainage feature that conveys,
continuously or periodically, flowing water and through which stormwater
flows. Channels include, but shall not be limited to, natural and
man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
Curve number.
The commonwealth of Pennsylvania.
The Chester County Conservation District.
A plan written by a planner certified by NRCS that identifies
conservation practices and includes site specific BMPs for agricultural
plowing or tilling activities and animal heavy use areas.
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
A natural or man-made, existing or proposed facility, feature
or channel used for the transportation or transmission of stormwater
from one place to another. For the purposes of this chapter, "conveyance"
shall include pipes, drainage ditches, channels and swales (vegetated
and other), gutters, stream channels, and like facilities or features.
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."
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.
The capture and temporary storage of runoff in a stormwater
management facility for release at a controlled rate.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
A person who seeks to undertake any regulated activities
at a site in the municipality.
The outside bark diameter of a tree at breast height, which
is defined as 4.5 feet (1.37 meters) above the forest floor on the
uphill side of the tree.
Land area disturbed by or where an earth disturbance activity
is occurring or has occurred.
That land area contributing runoff to a single point (including
but not limited to the point/line of interest used for hydrologic
and hydraulic calculations) and that is enclosed by a natural or man-made
ridge line.
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; land development;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock, or earth materials.
A right of use granted by a landowner to allow a grantee
the use of the designated portion of land for a specified purpose,
such as for stormwater management or other drainage purposes.
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
A plan required by the Conservation District or the municipality
to minimize accelerated erosion and sedimentation and that must be
prepared and approved per the applicable requirements.
The Federal Emergency Management Agency.
A temporary condition of partial or complete inundation of
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 FEMA maps and studies as
being a special flood hazard area.
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 center
line of the stream and to 50 feet beyond the top of the bank of the
stream on both sides.
Planning and activities necessary for the management of forest
lands. These include timber inventory, preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation, and reforestation.
A vertical distance between the design high-water elevation
and the elevation of 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 fabric manufactured from synthetic fiber that is used to
achieve specific objectives, including infiltration, separation between
different types of media (i.e., between soil and stone), or filtration.
The Board of Supervisors of New Garden Township.
Water that occurs in the subsurface and fills or saturates
the porous openings, fractures and fissures of underground soils and
rock units.
The replenishment of existing natural groundwater supplies
from infiltration of rain or overland flow.
The United States Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
The United States Army Corps of Engineers, Hydrologic Engineering
Center (HEC) hydrologic runoff model.
A structure which meets the following:
[Added 12-16-2019 by Ord. No.
239]
Is used for the production, processing, keeping, storing, sale
or shelter of an agricultural commodity as defined in Section 2 of
the Act of December 19, 1974 (P.L. 973, No. 319), known as the "Pennsylvania
Farmland and Forest Land Assessment Act of 1974,"[1] or for the storage of agricultural equipment or supplies;
and
Areas where prior or existing land use or activities can
potentially generate highly contaminated runoff with concentrations
of pollutants in excess of those typically found in stormwater.
The hydrologic system, cycle or balance that sustains the
quality and quantity of stormwater, stream baseflow, storage, and
groundwater supplies under natural conditions.
A classification of soils by the Natural Resources Conservation
Service (NRCS), 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 has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, tennis or other paved
courts; or athletic playfields comprised of synthetic turf materials.
For the purposes of determining compliance with this chapter, compacted
soils or stone surfaces used for vehicle parking and movement shall
be considered impervious. Surfaces that were designed to allow infiltration
(i.e., areas of porous pavement) will be considered on a case-by-case
basis by the Municipal Engineer, based on appropriate documentation
and condition of the material, etc.
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 stormwater BMP designed to collect and discharge runoff
into the subsurface in a manner that allows infiltration into underlying
soils and groundwater (e.g., French drains, seepage pits, or seepage
trenches, etc.).
A defined channel in which surface water is absent during
a portion of the year, in response to seasonal variations in precipitation
or groundwater discharge.
The lowest surface, the floor or bottom of a culvert, pipe,
drain, sewer, channel, basin, BMP, or orifice.
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.
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 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 § 503(1.1) of the Pennsylvania
Municipalities Planning Code (as amended).
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if they
are authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
A Pennsylvania registered professional engineer, registered
landscape architect, registered professional land surveyor, or registered
professional geologist, or any person licensed by the Pennsylvania
Department of State or qualified by law to perform the work required
by this chapter within the commonwealth of Pennsylvania.
A soil horizon or condition in the soil profile or underlying
strata that 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 other subsurface
or soil conditions.
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 that is so
slowly permeable that it effectively limits downward passage of water.
The action taken to restore or preserve the as-built functional
design of any facility or system.
Mushroom farm environmental management plan.
The Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247.
The municipal separate storm sewer system.
New Garden Township, Chester County, Pennsylvania.
A professional engineer licensed as such in the commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
Any regulated activity involving placement or construction
of new impervious surface or grading over existing pervious land areas
not classified as "redevelopment" as defined in this chapter.
The National Oceanic and Atmospheric Administration.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
See "best management practice (BMP)."
The National Pollutant Discharge Elimination System, the
federal government's system for issuance of permits under the
Clean Water Act, which is delegated to PADEP in Pennsylvania.
The Natural Resource Conservation Service (previously Soil
Conservation Service, SCS), an agency of the United States Department
of Agriculture.
The Pennsylvania Department of Environmental Protection.
The parcel of land from which a land development or subdivision
originates, determined from the date of municipal adoption of this
chapter.
The maximum rate of stormwater runoff from a specific storm
event.
The Pennsylvania Department of Transportation.
Document Number 363-0300-002 (December 2006, and as subsequently
amended).
Any area not defined as "impervious surface."
The Planning Commission of New Garden Township.
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 Pennsylvania Code § 92.1.[2]
Period after construction during which disturbed areas are
stabilized, stormwater controls are in place and functioning, and
all proposed improvements approved by the municipality are completed.
Land cover conditions assumed to exist within the proposed
disturbed area prior to commencement of the regulated activity for
the purpose of calculating the predevelopment water quality volume,
infiltration volume, and peak flow rates as required in this chapter.
Techniques employed in stormwater BMPs to provide storage
or filtering, or other methods to trap or remove coarse materials
and other pollutants before they enter the stormwater system, but
may not necessarily be designed to meet the entire water quality volume
requirements of this chapter.
All new, additional and replacement impervious surfaces.
The depth of accumulated rainfall per unit of time.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Any regulated activity that involves demolition, removal,
reconstruction, or replacement of existing impervious surface(s).
Any earth disturbance activities or any activity that involves
the alteration or development of land in a manner that may affect
stormwater runoff.
An impoundment that is designed to temporarily detain a certain
amount of stormwater from a catchment area and which may be designed
to permanently retain stormwater runoff from the catchment area; retention
basins always contain water.
The prevention of direct discharge of stormwater runoff into
surface waters or water bodies during or after a storm event by 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.
The volume of runoff that is captured and not released directly
into the surface waters of the 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 4% chance).
Pertaining to anything connected with or immediately adjacent
to the banks of a stream or other body of water.
An area of land adjacent to a body of water and managed to
maintain vegetation to protect the integrity of stream channels and
shorelines, to reduce the impact of upland sources of pollution by
trapping, filtering, and converting sediments, nutrients, and other
chemicals, and to supply food, cover and thermal protection to fish
and other aquatic species and wildlife.
Any part of precipitation that flows over the land surface.
See "Subdivision and Land Development Ordinance."
The Soil Conservation Service, now known as the "Natural
Resources Conservation Service."
Soil or other materials transported by, suspended in or deposited
by surface water as a product of erosion.
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.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
Total area of land in the municipality where any proposed
regulated activity, as defined in this chapter, is planned, conducted,
or maintained or that is otherwise impacted by the regulated activity.
A method of runoff computation developed by NRCS that is
based on relating soil type and land use/cover to a runoff parameter
called "curve number (CN)."
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.
"See return period."
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
A permit issued by the municipality after the SWM site plan
has been approved.
The plan prepared by the applicant or its representative, in accordance with the requirements of Article IV of this chapter, indicating how stormwater runoff will be managed at a particular site in accordance with this chapter, and including all necessary design drawings, calculations, supporting text, and documentation to demonstrate that ordinance requirements have been met, herein referred to as "SWM site plan." All references in this chapter to "final" or "approved" SWM site plans shall incorporate the approved SWM site plan and all subsequent approved revisions thereto.
A natural watercourse.
"See BMP (Best Management Practice)."
The division or redivision of a lot, tract, or parcel of
land as defined in The Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247 (as amended).[5]
The Subdivision and Land Development Ordinance of New Garden
Township, Chester County, PA, as amended.[6]
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
See "stormwater management (SMW) site plan."
See "forest management."
The highest point of elevation of the bank of a stream or
channel cross-section at which a rising water level just begins to
flow out of the channel and into the floodplain.
The United States Department of Agriculture.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The region or area drained by a river, watercourse, or other
body of water, whether natural or artificial.
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 the commonwealth.
The uppermost level of saturation of pore space or fractures
by groundwater. "Seasonal high water table" refers to a water table
that rises and falls with the seasons due either to natural or man-made
causes.
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. Wetlands
generally include swamps, marshes, bogs, fens, and similar areas.
Any land area of at least 0.25 acre with a natural or naturalized
ground cover (excluding manicured turf grass) and that has an average
density of two or more viable trees per 1,500 square feet with a dbh
of six inches or greater and where such trees existed at any time
within three years of the time of land development application submission
of the proposed project. The land area to be considered "woods" shall
be measured from the outer drip lines of the outer trees.
[1]
Editor's Note: See 72 P.S. § 5490.1 et seq.
[2]
Editor's Note: Former 25 Pa. Code Ch. 92 was rescinded
effective 10-9-2010. See now 25 Pa. Code Chapter 92a.
[3]
Editor's Note: Former 25 Pa. Code Ch. 92 was rescinded
effective 10-9-2010. See now 25 Pa. Code Chapter 92a.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
[5]
Editor's Note: See 53 P.S. § 10101.
