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:
The work of producing crops, including tillage, land clearing,
plowing, disking, harrowing, planting, harvesting crops, 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 Township for approval to engage in any regulated activity at
a project site in the Township.
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.
A conservation district, as defined in § 3(c) of
the Conservation District Law [3 P. S. § 851(c)], which
has the authority under a delegation agreement executed with the Department
to administer and enforce all or a portion of the erosion and sediment
control program in this commonwealth.
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 then infiltrated,
evaporated, reused, or released into the waters of this commonwealth
at a controlled rate.
See "project site."
An impervious or impermeable surface which has its stormwater
runoff 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 A, 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 or
exposes the underlying soil, including, but not limited to, clearing
and grubbing; grading; excavations; embankments; road maintenance;
building construction; 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 initial condition of a project site prior to the proposed
construction.
Federal Emergency Management Agency.
The lowland and relatively flat areas adjoining inland and
coastal waters including, at a minimum, that area subject to a one
percent or greater chance of flooding in any given year.
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.
Refers to soils grouped according to their runoff-producing
characteristics. The chief consideration is the inherent capacity
of soil bare of vegetation to permit infiltration. 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 from 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 (or areas) shall include, but not be limited
to, roofs used to cover indoor living spaces, patios, garages, storage
sheds and similar structures, and any new streets or sidewalks. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they allow for infiltration.
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.
Inclusive of 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 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;
Any subdivision of land;
Development in accordance with § 503(1.1) of the Pa.
Municipalities Planning Code.[3]
The Township of North Newton, Cumberland 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 municipality 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 this
chapter.
Includes, but not be limited to any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff as specified in § 249-5.
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).
Vegetated areas that are adjacent to water resources that
protect water resources from nonpoint source pollution, provide bank
stabilization, and provide aquatic and wildlife habitat.
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 Pennsylvania Code Title 25 and the
Clean Streams Law.[6]
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, and infiltration facilities.
The Cumberland County Stormwater Management Plan for managing
stormwater runoff adopted by the County of Cumberland as required
by the Act of October 4, 1978, P.L. 864 (Act 167), as amended, and
known as the "Storm Water Management Act."[7]
The plan prepared by the developer, Township, or other entity
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.[8]
North Newton Township, Cumberland County, Pennsylvania and/or
its Board of Supervisors, agents, employees and designees.
United States Department of Agriculture.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and 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 the commonwealth.
Those areas that are inundated or saturated by surface 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.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 32 P.S. § 680.1 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
