A.
Unless otherwise stated, the following words and phrases shall be interpreted and construed throughout this chapter to have the meaning herein indicated. Terms not herein defined which are defined in the MPC or Chapter 450, Zoning, shall have the meanings assigned in the MPC or Chapter 450, Zoning. Terms not defined in this chapter, the MPC or Chapter 450, Zoning, shall have the meaning customarily assigned to them as found in the most recent edition of Webster's New Collegiate Dictionary.
B.
The following rules of construction and interpretation shall be used
in this chapter:
(1)
Words in the present tense may imply the future tense.
(2)
Words used in singular imply the plural, and the plural shall include
the singular.
(3)
The masculine gender includes the feminine and the neuter genders.
(4)
The word "person" includes a partnership, firm, association, corporation,
organization, trust, estate, company or any other legally recognized
entity as well as an individual and the officers of any corporation
and the members of any partnership and shall include both singular
and plural.
(5)
The word "shall" is to be interpreted as mandatory; the word "may"
is discretionary.
(6)
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the word's or words' meaning(s)
to all other instances of like kind and character.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(7)
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions or agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions or agencies
or officials of the Township or the Commonwealth of Pennsylvania as
in effect or office from time to time including amendments thereto
or revisions or successors thereof, unless the text indicates another
reference is intended.
As used in this chapter, the following terms shall have the
meanings indicated:
A way or means of approach for vehicle and/or pedestrian
traffic from a street, right-of-way, public area or community facility
to a lot.
Act of October 4, 1978, P.L. 864, (Act 167), as amended,
and known as the "Storm Water Management Act."[1]
Extensive agriculture shall be deemed to include the customary
growing of crops and raising of livestock for production of meat,
dairy products, skins and like activities such as horticulture, excluding
intensive agriculture as hereinafter defined. Extensive agricultural
envisions a demand for substantial areas of land, and, by reason of
disbursed activity, it generally will present few environmental problems,
such as runoff, animal waste concentrations and the like.[2]
A minor way intended as a secondary means of access, which
may or may not be legally dedicated, and which is used primarily for
vehicular access to the rear and side of properties otherwise abutting
on a street or road.
A landowner, developer, or other person who has filed an
application to the municipality for approval to engage in any regulated
activity at a project site in the municipality.
Approved by the recognized authoritative agency or official
as specified in the applicable regulations.
The extent of surface contained within the boundaries or
extremities of land, building, or other measurable feature.
A portion of a building that is partly or entirely underground.
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.
Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
A structure intended to span eight feet or greater, over
a watercourse or other feature.
A structure under roof, whether stationary or movable, designed
or used for the shelter, housing, enclosure, or support of persons,
animals or property. The word "building" shall include any part thereof.
A permit issued by the Zoning Officer indicating that the
building or improvement plans submitted show compliance with applicable
ordinances.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
Chapter 102, Erosion and Sedimentation Control, of Title
25, Rules and Regulations, of the DEP.
Chapter 105, Water Obstructions and Encroachments, of Title
25, Rules and Regulations, of the DEP.
An underground reservoir or tank for storing rainwater.
The York County Conservation District, which district is
as defined in Section 3(c) of the Conservation District Law [3 P.S.
§ 851(c)] that has the authority under a delegation agreement
executed with DEP to administer and enforce all or a portion of the
regulations promulgated under 25 Pa. Code Chapter 102.
A plan for Agriculture land that includes maps and narrative
and includes at a minimum an Erosion and Sedimentation Control Plan
as required by Chapter 102 and approved by the Conservation District.
The building, rebuilding, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of prefabricated or mobile units.
York County, Pennsylvania.
The York County Planning Commission.
An enclosed water-carrying structure of one or more barrels
having a combined span less than eight feet and having a total flow
area greater than forty-eight-inch diameter.
An impoundment structure regulated by the Pennsylvania DEP
Chapter 105 Regulations.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., fifty-year storm) and duration
(e.g., twenty-four-hour), and used in computing stormwater management
control systems.
An impoundment structure or basin designed to drain completely
after retarding stormwater runoff by temporarily storing the runoff
and releasing it at a predetermined rate.
The volume of runoff that is captured and released into the
waters of this commonwealth at a controlled rate.
Any person, partnership, association, corporation or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the subdivision
of land, the placement of mobile or prefabricated structures, streets
and other paving, utilities, filling, grading, excavation, mining,
dredging or the like.
An impervious or impermeable surface that is 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Erosion and Sediment Pollution Control Manual, as amended
and updated.
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.
A right-of-way granted for limited use of land for public
or quasi-public purposes. The owner of the property on which an easement
is situated shall not have the right to make use of the land contained
within the easement in a manner in which violates or diminishes the
rights of the grantee described in the easement agreement.
A licensed professional engineer registered in Pennsylvania.
The duly appointed engineer of Carroll Township.
The United States Environmental Protection Agency or any
agency successor thereto.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
A site-specific plan identifying BMPs to minimize accelerated
erosion and sedimentation pursuant to 25 Pa. Code Chapter 102.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The United States Federal Emergency Management Agency or
any agency successor thereto.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the existing surface of the ground. The difference in elevation
between a point on the original ground and a designated point of higher
elevation of the final grade; the material used to make fill.
A flood which is likely to be equaled or exceeded once every
500 years (i.e., that has a two-tenths of one-percent chance of being
equaled or exceeded in any given year).
Any land area susceptible to a general and temporary condition
of partial or complete inundation by the five-hundred-year flood due
to overflow of inland waters, or to the unusual and rapid accumulation
or runoff of surface waters from any source.
A temporary inundation of normally dry land area.
Areas adjoining any streams, ponds, lakes or other watercourses
subject to a one-hundred-year-recurrence-interval flood as delineated
by the Unites States Department of Housing and Urban Development's
National Flood Insurance Program, or by alluvial soils as defined
in the "York County, Pennsylvania Soil Survey," 1959, No. 19, or by
a study conducted by a person expert and experienced in the preparation
of hydrological studies and the determination of flood lines. The
methodology yielding the largest area shall define the area of floodplain.
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 forest
land. 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.
A registered professional geologist licensed by the Commonwealth
of Pennsylvania.
The slope of land or improvements constructed thereon. Also,
the act of earthmoving.
Replenishment of existing natural underground water supplies.
A graphical or tabular representation of runoff generated
from any particular site (measured in cubic feet per second) on the
vertical axis, versus time (measured as time into the storm event,
such as hour 1, 2, 3, etc.) on the horizontal axis.
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 for 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 3,4).
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas shall include, but not be limited
to, roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, and any new streets and sidewalks. However,
any surface or area designed, constructed and maintained to permit
infiltration as specified herein shall be considered pervious, not
impervious. For the purposes of this chapter, a surface or area shall
not be considered impervious if such surface or area does not diminish
the capacity for infiltration of stormwater for storms up to, and
including, a two-year, twenty-four-hour storm event.
Changes made to the land, including, but not limited to,
grading, paving, curbing, fire hydrants, water mains, sanitary sewers,
storm sewers, and other drainage facilities, retaining walls, streets,
signs, monuments or the like.
The entrance of surface water into the soil, usually at the
soil-air interface.
A designed improvement whose intent is to infiltrate stormwater
into the ground.
The York County Integrated Water Resources Plan, which plan
includes Act 167 Plan elements and requirements.
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground
drainage, and caves. Karst landscapes are formed on carbonate rocks,
such as limestone or dolomite.
Includes 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 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 Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[4]
Any activity that causes land to be exposed to the danger
of erosion, including, but not limited to, clearing, grading, filling,
plowing, discing, and transporting.
The Chapter 450, Zoning, definition is hereby incorporated by reference.
The Chapter 450, Zoning, definition is hereby incorporated by reference.
A parcel, tract or area of land established by a plat or
otherwise as permitted by law and to be used, developed or built upon
as a unit.
The area contained within the property lines of the individual
lot.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
Carroll Township, York County, Pennsylvania.
National Pollution Discharge Elimination System.
Natural Resources Conservation Service of the United States
Department of Agriculture or any agency successor thereto.
Operation and maintenance.
Operation and maintenance plan.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, refuse, fill, structure, or other matter in, along, across
or projecting into any channel, watercourse, or floodplain, which
may impede, retard, or change the direction of the flow of water,
or that is placed where the flow of water might carry the same downstream
to cause damage to life or property.
A flood which is likely to be equaled or exceeded once every
100 years (i.e., that has a one-percent chance of being equaled or
exceeded in any given year).
Any land area susceptible to a general and temporary condition
of partial or complete inundation by the one-hundred-year flood due
to overflow of inland waters, or to the unusual and rapid accumulation
or runoff of surface waters from any source.
The Carroll Township Stormwater Management Ordinance.
An area other than a public or private street principally
for parking of vehicles.
Post-construction stormwater management plan.
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
The downward movement, under the influence of gravity, of
water under hydrostatic pressure through interstices of the soil or
rock.
Permeable paving materials include porous bituminous concrete
mixtures, permeable interlocking concrete paving blocks, concrete
grid pavers, and perforated brick pavers (including the stone and
geofabric placed under the surface). This is used to reduce the imperviousness
of surfaces such as patios, walkways, driveways, and parking areas,
for the purpose of reducing surface runoff rates and volumes and increasing
infiltration.
Any area not defined as impervious.
An enclosed water-carrying structure of one or more barrels
having a total flow area equivalent to forty-eight-inch diameter or
less.
The Carroll Township Planning Commission.
The use and all Improvements proposed in a building permit
application and/or subdivision or land development plan or, in a development.
An area of land under development and within the jurisdiction
of this chapter; the area which is the location of a project.
Any person licensed by the State of Pennsylvania or otherwise
qualified by law to perform the work required by this chapter.
Provisions for controlling the peak rate of stormwater discharge.
Development of land which has previously been developed,
but not including building additions less than 5,000 square feet.
An action or proposed action that has an impact upon stormwater runoff rates or volumes and which is specified in § 428-5A(1) of this chapter.
An action or proposed action that has an impact upon stormwater runoff rates or volumes and which is specified in § 428-5B(1) of this chapter.
A basin designed to retain stormwater with its primary release
of water being through the infiltration of said water into the ground.
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.
The total width of any land reserved or dedicated as a street,
alley, pedestrianway, or for other public or private use.
A best management practice that is an area of permanent vegetation
along surface waters. (Such areas serve as natural vegetative filters
between upland landscapes and waterways.)
The surface water discharge or rate of discharge of a given
watershed after a rain or snow event that does not enter the soil.
A barrier, dam, retention basin or detention basin designed
to retain sediment.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited, or remains suspended in water, it is usually referred to
as "sediment."
A surface such as stone, rock, lattice block or other materials
and surfaces designed to permit some vertical transmission of water
into the ground.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A classification of soils by the Natural Resources Conservation
Service into four runoff categories. The groups range from a soils,
which are very permeable and produce little runoff, to D soils, which
are not very permeable and produce more runoff.
The latest published version of the United States Department
of Agriculture's Soil Survey for York County, Pennsylvania.
The Soil-Cover-Complex Method as set forth in the latest
edition of Urban Hydrology for Small Watersheds, Technical Release
No. 55, as published by NRCS.
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond or basin.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[5]
The number of times that a given storm event occurs on average
in a stated period of years.
A system of pipes, conduits, swales or other similar structures
including appurtenances which carry intercepted runoff, and other
drainage, but excludes domestic sewage and industrial waste.
Water which surfaces, slows or collects during and subsequent
to a rain or snowfall event.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff rates and volumes from a
development while promoting the protection and conservation of ground
waters and groundwater recharge.
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.
Parts and/or elements of the York County Integrated Water
Resources Plan which incorporate the requirements of the Act of October
4, 1978, P.L. 864 (Act 167), as amended, and known as the "Stormwater
Management Act."
The plan prepared by the developer or his representative
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.
For all NPDES permitted sites, the stormwater management site plan
shall include, and be consistent with, the erosion and sediment control
plan as submitted to the York County Conservation District (YCCD)
and/or DEP.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular and
pedestrian travel, and furnishing access to abutting properties, which
may also be used to provide space for sewer, public utilities, shade
trees, sidewalks, etc., and shall include street, avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct, or any other
ways used or intended to be used by vehicular traffic, whether public
or private.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or 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 devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The subdivision and land development ordinance in effect
for subdivision and land development within the Township at the time
the developer files an application for approval of a stormwater management
plan.
A wide shallow ditch intended to carry water.
Stormwater management.
The Township of Carroll, York County, Pennsylvania.
The Second Class Township Code, Act of May 1, 1993, P.L.
103, No. 69, reenacted and amended by the Act of November 9, 1995,
P.L. 350, No. 60, as amended.[6]
United States Department of Agriculture.
A modification of the terms of the chapter approved by the
Board of Supervisors.
As defined under state regulations, the protection of designated
and existing uses (see 25 Pa. Code Chapters 93 and 96):
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.
"Existing uses" are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Land development
must be designed to protect and maintain existing uses and maintain
the level of water quality necessary to protect those in all streams,
and to protect and maintain water quality in special protection streams.
Water quality involves the chemical, biological and physical
characteristics of surface water bodies. After land development, these
characteristics can be impacted by addition of pollutants such as
sediment, and changes in habitat through increased flow volumes and/or
rates. Therefore, discharges to surface waters must be designed and
managed to protect the stream bank, streambed and structural integrity
of the watercourse, to prevent these impacts.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banking and
includes any area adjacent thereto subject to the inundation by reason
of overflow of floodwater.
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.
Region or area drained by a river, watercourse, or other
surface water of this commonwealth.
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, and similar areas.
York County Conservation District.
The Carroll Township Zoning Ordinance, as amended or as reenacted.[7]
