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Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 2011-04, 3/3/2011, Art. II]
1. 
For the purposes of this Chapter 23C, 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.
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
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.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this Chapter 23C.
CONSERVATION DISTRICT
The Lehigh County Conservation District.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER
A person that seeks to undertake any regulated earth disturbance activities at a project site in the municipality.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities in the municipality are planned, conducted or maintained.
EARTH DISTURBANCE ACTIVITY
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.
EROSION
The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
IMPERVIOUS SURFACE
A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.
MUNICIPALITY
Lower Macungie Township, Lehigh County, Pennsylvania.
NPDES
National Pollutant Discharge Elimination System, federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.
OUTFALL
"Point source" as described in 40 CFR 122.2 at the point where the municipality's storm sewer system discharges to surface waters of the commonwealth.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POINT SOURCE
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 Pa.Code § 92.1.
PROJECT SITE
The specific area of land where any regulated earth disturbance activities in the municipality are planned, conducted or maintained.
REDEVELOPMENT
Earth disturbance activities on land which has previously been disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity one acre or more with a point source discharge to surface waters or the municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more or earth disturbance.
ROAD MAINTENANCE
Earth disturbance activities within the existing road cross-section, such as grading, and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
SEPARATE STORM SEWER SYSTEM
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.
STATE WATER QUALITY REQUIREMENTS
As defined under state regulations–protection of designated and existing uses (see 25 Pa.Code, Chapters 93 and 96)–including:
(1) 
Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.
(2) 
"Existing uses" are those attained as of November 1975, regardless whether they have been designated in Chapter 93, regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
(3) 
Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.
STORMWATER
The surface runoff generated by precipitation reaching the ground surface.
SURFACE 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 water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
Region or area drained by a river, watercourse or other body of water, whether natural or artificial.