As used in this chapter, the following terms shall have the
meanings indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate greater
than would occur because of the natural process alone.
ACCESS EASEMENT
A right granted by a landowner to a grantee, allowing entry
for the purpose of inspecting, maintaining and repairing SWM facilities.
ACT 167 PLAN
A plan prepared under the authority of Pennsylvania's Storm
Water Management Act of October 4, 1978.
AGRICULTURAL ACTIVITY
Activities associated with agriculture, such as agricultural
cultivation, agricultural operation, and animal heavy-use areas. This
includes the work of producing crops and raising livestock, including
tillage, land clearing, plowing, disking, harrowing, planting, harvesting
crops, or the pasturing and raising of livestock and installation
of conservation practices. Construction of new buildings or impervious
areas is not considered an agricultural activity.
ALTERATION
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also, the changing of surface conditions by causing the surface to
be more or less impervious; earth disturbance activity.
ANIMAL HEAVY-USE AREAS
A barnyard, feedlot, loafing area, exercise lot, or other
similar area on an agricultural operation where, due to the concentration
of animals, it is not possible to establish and maintain vegetative
cover of a density capable of minimizing accelerated erosion and sedimentation
by usual planting methods. The term does not include entrances, pathways
and walkways between areas where animals are housed or kept in concentration.
APPLICANT
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application to
the municipality for approval to engage in any regulated activity
at a development site located within the municipality.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, control measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this commonwealth before, during and after earth disturbance activities. [NOTE: See §
106-901A(1).] See also "nonstructural BMPs" and "structural BMPs."
BMP MANUAL
The Pennsylvania Stormwater Best Management Practices Manual
of December 2006, or most recent version thereof.
BUILDING
Any enclosed or open structure, other than a boundary wall
or fence, occupying more than four square feet of area and/or having
a roof supported by columns, piers, or walls.
CARBONATE GEOLOGY
Limestone or dolomite bedrock. Carbonate geology is often
associated with karst topography.
CERTIFICATE OF COMPLETION
Documentation verifying that all permanent SWM facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
CHAPTER 102
25 Pa. Code Chapter 102, Erosion and Sediment Control.
CHAPTER 105
25 Pa. Code, Chapter
105, Dam Safety and Waterway Management.
CISTERN
A reservoir or tank for storing rainwater.
CLEAN WATER ACT
The 1972 amendments to the Federal Water Pollution Control
Act, P.L. 92-500 of 1972, 33 U.S.C. § 1251 et seq.
CONSERVATION PLAN
A plan written by a Natural Resources Conservation Service
certified planner that identifies conservation practices and includes
site-specific BMPs for agricultural plowing or tilling activities
and animal heavy-use areas.
CONSERVATION PRACTICES
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
CONVEYANCE
Any structure that carries a flow. The ability of a pipe,
culvert, swale or similar facility to carry the peak flow from the
design storm.
CULVERT
A structure with appurtenant works which can convey a stream
under or through an embankment or fill.
DEP (also PA DEP or PADEP)
The Pennsylvania Department of Environmental Protection or
any agency successor to 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 SWM systems.
DETENTION BASIN
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a controlled
rate.
DEVELOPER
A person who undertakes any regulated activity of this chapter.
DEVELOPMENT SITE (SITE)
The specific area of land where regulated activities in the
municipality are planned, conducted or maintained.
DISAPPEARING STREAM
A stream in an area underlain by limestone or dolomite that
flows underground for a portion of its length.
DISTURBED AREA
A land area where an earth disturbance activity is occurring
or has occurred.
DRAINAGE EASEMENT
Rights to occupy and use another person's real property for
the installation and operation of stormwater management facilities
or for the maintenance of natural drainageways to preserve and maintain
a channel for the flow of stormwater therein or to safeguard health,
safety, property, and facilities.
E&S
Erosion and sediment.
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; land development; agricultural plowing or tilling; operation of animal heavy-use areas; timber harvesting activities; road maintenance activities; oil and gas activities; well drilling; mineral extraction; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. [NOTE: See §
106-901A(1).]
ENVIRONMENTALLY SENSITIVE AREA
Slopes greater than 15%, shallow bedrock (located within six feet of ground surface [NOTE: See §
106-901A(2).]), wetlands, Natural Heritage Areas and other areas designated as "conservation" or "preservation" in Greenscapes, the Green Infrastructure Element of the county Comprehensive Plan, where encroachment by land development or land disturbance results in degradation of the natural resource.
EROSION
The natural process by which the surface of the land is worn
away by water, wind, or chemical action. See also "accelerated erosion"
as defined above.
EXISTING CONDITIONS
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
FEMA
The Federal Emergency Management Agency.
FLOOD
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other waters of this commonwealth.
FLOODPLAIN
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration, Flood Hazard
Boundary Map as being a special flood hazard area. Also, the area
of inundation that functions as a storage or holding area for floodwater
to a width required to contain a base flood of which there is a one-percent
chance of occurrence in any given year. The floodplain contains both
the floodway and the flood-fringe.
FLOODWAY
That portion of the floodplain which is effective in carrying flow, within which this carrying capacity must be preserved and where the flood hazard is generally highest, i.e., where water depths and velocities are the greatest. It is that area which provides for the discharge of the base flood so the cumulative increase in water surface elevation is no more than one foot. [NOTE: See §
106-901A(3).]
A.
Alternative definition from 25 Pa. Code Chapter
105:
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FLOODWAYThe channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year-frequency 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-frequency 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. [NOTE: See § 106-901A(4).]
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FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forestland.
These include conducting a timber inventory and preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation
and reforestation.
FREQUENCY
The probability or chance that a given storm event/flood
will be equaled or exceeded in a given year.
GRADE
A.
(n) A slope, usually of a road, channel or natural ground, specified
in percent and shown on plans as specified herein.
B.
(v) To finish the surface of a roadbed, top of embankment or
bottom of excavation.
GROUNDWATER RECHARGE
The process by which water from above the ground surface
is added to the saturated zone of an aquifer, either directly or indirectly.
HYDROLOGIC SOIL GROUP (HSG)
Refers to soils grouped according to their runoff-producing
characteristics by NRCS. There are four runoff potential groups ranging
from A to D.
A.
(Low runoff potential) Soils having high infiltration rates
even when thoroughly wetted and consisting chiefly of deep, well-
to excessively drained sands or gravels. These soils have a high rate
of water transmission (greater than 0.30 inches/hour).
B.
Soils having moderate infiltration rates when thoroughly wetted
and consisting chiefly of moderately deep to deep, moderately well
to well-drained soils with moderately fine to moderately coarse textures.
These soils have a moderate rate of water transmission (from 0.15
to 0.30 inches/hour).
C.
Soils having slow infiltration rates when thoroughly wetted
and consisting chiefly of soils with a layer that impedes downward
movement of water, or soils with moderately fine to fine texture.
These soils have a slow rate of water transmission (from 0.05 to 0.15
inches/hour).
D.
(High runoff potential) Soils having very slow infiltration
rates when thoroughly wetted and consisting chiefly of clay soils
with a high swelling potential, soils with a permanent high water
table, soils with a clay pan or clay layer at or near the surface,
and shallow soils over nearly impervious material. These soils have
a very slow rate of water transmission (from 0 to 0.05 inches/hour).
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but are not
limited to, roofs, additional indoor living spaces, patios, garages,
storage sheds and similar structures, and any new streets and sidewalks.
Decks, parking areas, and driveway areas are not counted as impervious
areas if they do not prevent infiltration. Any surface area proposed
to initially be gravel or crushed stone shall be assumed to be impervious,
unless designed as an infiltration BMP.
IMPOUNDMENT
A retention or detention facility designed to retain stormwater
runoff and infiltrate it into the ground (in the case of a retention
basin) or release it at a controlled rate (in the case of a detention
basin).
INFILTRATION STRUCTURES
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, rain gardens, vegetated
swales, pervious paving, infiltration basins, etc.).
INLET
A surface connection to a closed drain. The upstream end
of any structure through which water may flow.
INTERMITTENT
A natural, transient body or conveyance of water that exists
for a relatively long time but for weeks or months of the year is
below the local water table and obtains its flow from both surface
runoff and groundwater discharges.
INVASIVE VEGETATION (INVASIVES)
Plants which grow quickly and aggressively, spreading, and
displacing other plants. Invasives typically are introduced into a
region far from their native habitat. See Invasive Plants in Pennsylvania
by the Department of Conservation and Natural Resources.
KARST
A type of topography or landscape characterized by features
including but not limited to surface depressions, sinkholes, rock
pinnacles/uneven bedrock surface, underground drainage, and caves.
Karst is formed on carbonate rocks, such as limestone or dolomite.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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
(2)
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.
C.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
LANDOWNER
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 he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LIMITING ZONE
A rock formation, other stratum, or soil condition which is so slowly permeable that it effectively limits downward passage of effluent. [NOTE: See §
106-901A(12).] Season high water tables, whether perched or regional, also constitute a limiting zone.
LINEAMENT
A linear feature in a landscape which is an expression of
an underlying geological structure such as a fault.
LOT COVERAGE
The percentage of a total lot or parcel that is occupied
by a structure, accessory structure, parking area, driveway, decking,
walkway, or roadway or covered with gravel, stone, shell, pavers,
permeable pavement or any man-made material.
MANNING'S EQUATION
An equation for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. Manning's
Equation assumes steady, gradually varied flow.
MAXIMUM EXTENT PRACTICABLE (MEP)
Applies when the applicant demonstrates to the municipality's satisfaction that the performance standard is not achievable. The applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of human safety and welfare, protection of endangered and threatened resources, and preservation of historic properties in making the assertion that the performance standard cannot be met and that a different means of control is appropriate. [NOTE: See §
106-901A(5).]
MPC
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101
et seq.
MUNICIPAL SEPARATE STORM SEWER
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) which is all of the following:
A.
Owned or operated by a state, city, town, borough, township,
county, district, association or other public body (created under
state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes;
B.
Designed or used for collecting or conveying stormwater;
C.
Not a combined sewer; and
D.
Not part of a publicly owned treatment works as defined at 40
CFR 122.2.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18) or designated as regulated under 40 CFR 122.26(a)(1)(v).
MUNICIPALITY
The Borough of East Petersburg, Lancaster County, Pennsylvania.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
A permit issued under 25 Pa. Code Chapter 92a (relating to
National Pollutant Discharge Elimination System permitting, monitoring
and compliance) for the discharge or potential discharge of pollutants
from a point source to surface waters.
NATIVE VEGETATION
Plant species that have evolved or are indigenous to a specific
geographical area. These plants are adapted to local soil and weather
conditions as well as pests and diseases.
NATURAL GROUND COVER
Ground cover which mimics the infiltration characteristics
of predominant hydrologic soil group found at the site.
NONSTRUCTURAL BMPs
Planning and design approaches, operational and/or behavior-related
practices which minimize stormwater runoff generation resulting from
an alteration of the land surface or limit contact of pollutants with
stormwater runoff.
NONPOINT SOURCE POLLUTION
Any source of water pollution that does not meet the legal
definition of "point source" in Section 502(14) of the Clean Water
Act.
NRCS
Natural Resources Conservation Service (previously Soil Conservation
Service, or SCS).
OPEN CHANNEL
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full. Open channels may include closed conduits so
long as the flow is not under pressure.
OUTFALL
Point where water flows from a conduit, stream, pipe, or
drain.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm
event.
PENNDOT
The Pennsylvania Department of Transportation or any agency
successor thereto.
PERVIOUS AREA
Any material/surface that allows water to pass through at
a rate equal to or greater than natural ground cover.
PIPE
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
PLANNING COMMISSION
The Planning Commission of East Petersburg Borough, Lancaster
County, Pennsylvania.
PLANS
The SWM and erosion and sediment control plans and narratives.
PROCESS WASTEWATER
Water that comes in contact with any raw material, product,
by-product, or waste during any production or industrial process.
QUALIFIED PERSON
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
RATE CONTROL
SWM controls used to manage the peak flows for the purposes
of channel protection and flood mitigation.
REDEVELOPMENT
Any physical improvement to a previously developed lot that
involves earthmoving, removal, or addition of impervious surfaces.
REGIONAL STORMWATER MANAGEMENT PLAN
A plan to manage stormwater runoff from an area larger than
a single development site. A regional stormwater management plan could
include two adjacent parcels, an entire watershed, or some defined
area in between. Regional stormwater management plans can be prepared
for new development or as a retrofit to manage runoff from already
developed areas.
REGULATED ACTIVITIES
Activities, including earth disturbance activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff. Regulated activities shall include, but not be
limited to:
A.
Land development subject to the requirements of the applicable
Subdivision and Land Development Ordinance;
B.
Removal of ground cover, grading, filling or excavation;
C.
Construction of new or additional impervious or semi-impervious
surfaces (driveways, parking lots, etc.), and associated improvements;
D.
Construction of new buildings or additions to existing buildings;
E.
Installation or alteration of stormwater management facilities
and appurtenances thereto;
F.
Diversion or piping of any watercourse; and
G.
Any other regulated activities where the municipality determines
that said activities may affect any existing watercourse's stormwater
management facilities or stormwater drainage patterns.
RELEASE RATE
For a specific design storm or list of design storms, the
percentage of peak flow rate for existing conditions which may not
be exceeded for the proposed conditions.
RELEASE RATE MAP
A graphical representation of the release rates for a specific
area.
RETENTION BASIN
A stormwater management facility that includes a permanent
pool for water quality treatment and additional capacity above the
permanent pool for temporary runoff storage.
RIPARIAN
Pertaining to a stream, river or other watercourse. Also, plant communities occurring in association with any spring, lake, river, stream or creek through which waters flow at least periodically. [NOTE: See §
106-901A(6).]
RIPARIAN BUFFER
A BMP that is an area of permanent vegetation along a watercourse.
RIPARIAN CORRIDOR
A narrow strip of land, centered on a stream or river that includes the floodplain as well as related riparian habitats adjacent to the floodplain. [NOTE: See §
106-901A(6).]
RIPARIAN FOREST BUFFER
A type of riparian buffer that consists of permanent vegetation
that is predominantly native trees, shrubs and forbs along a watercourse
that is maintained in a natural state or sustainably managed to protect
and enhance water quality, stabilize stream channels and banks, and
separate land use activities from surface waters.
ROOFTOP DETENTION
Temporary ponding and gradual release of stormwater falling
directly onto roof surfaces by incorporating controlled-flow roof
drains into building designs.
RUNOFF
Any part of precipitation that flows over the land surface.
SCS
U.S. Department of Agriculture, Soil Conservation Service
(now known as NRCS).
SEDIMENT
Soils or other materials transported by stormwater as a product of erosion. [NOTE: See §
106-901A(1).]
SEDIMENT BASIN
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
SEDIMENT POLLUTION
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
SEDIMENTATION
The action or process of forming or depositing sediment in waters of this commonwealth. [NOTE: See §
106-901A(1).]
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
SHEET FLOW
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
SMALL PROJECT
Regulated activities that, measured on a cumulative basis
from (the date of enactment of this chapter or other date as determined
by the municipality), create additional impervious areas of 500 square feet
or less or involve removal of ground cover, grading, filling or excavation
of an area less than 5,000 square feet and do not involve the alteration
of stormwater facilities or watercourses.
SMALL STORM EVENT
A storm having a frequency of recurrence of once every two
years or smaller.
SOIL COVER COMPLEX METHOD
A method of runoff computation developed by the SCS (now
NRCS) that is based on relating soil type and land use/cover to a
runoff parameter called "curve number" (CN). For more information,
see "Urban Hydrology for Small Watersheds," Second edition, Technical
Release No. 55, SCS, June 1986 (or most current edition).
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code,
the Clean Streams Law and the Clean Water Act.
STORAGE
A volume above or below ground that is available to hold
stormwater.
STORM SEWER
A system of pipes and/or open channels designed to convey
stormwater.
STORMWATER
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
STORMWATER MANAGEMENT FACILITY (SWM FACILITY)
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, infiltrates/evaporates/transpires,
cleans or otherwise affects stormwater runoff. Typical SWM facilities
include, but are not limited to, detention and retention basins, open
channels, watercourses, road gutters, swales, storm sewers, pipes,
BMPs, and infiltration structures.
STRUCTURAL BMPs
Physical devices and practices that capture and treat stormwater
runoff. Structural stormwater BMPs are permanent appurtenances to
the development site.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [NOTE: See §
106-901A(8).]
SUBDIVISION
The division or redivision of a single lot, tract or parcel
of land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devises, transfer of ownership, or building,
or lot development or as defined in the MPC.
SWALE
A low-lying stretch of land which gathers or carries surface
water runoff.
SWM
Stormwater management.
TIME OF CONCENTRATION (Tc)
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
TOP OF STREAM BANK
First substantial break in slope between the edge of the
bed of the stream and the surrounding terrain. The top of stream bank
can either be a natural or constructed (that is, road or railroad
grade) feature, lying generally parallel to the watercourse.
TREATMENT TRAIN
The sequencing of structural best management practices to
achieve optimal flow management and pollutant removal from urban stormwater.
USDA
United States Department of Agriculture.
VOLUME CONTROL
SWM controls, or BMPs, used to remove a predetermined amount
of runoff or the increase in volume between the pre- and post-development
design storm.
WATERCOURSE
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
WATERS OF THIS 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 Pennsylvania.
WATERSHED
The entire region or area drained by a watercourse.
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, ferns, and similar areas.
WOODLAND
Land predominantly covered with trees and shrubs. Without
limiting the foregoing, woodlands include all land areas of 10,000
square feet or greater, supporting at least 100 trees per acre, so
that either i) at least 50 trees are two inches or greater in diameter
at breast height (DBH) or ii) 50 trees are at least 12 feet in height.