[Ord. 585, 9/12/2011]
1.
For the purpose 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, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
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."
2.
Whenever reference is made to legislative, statutory or regulatory
codes or provisions, the reference shall include amendments to such
codes or provisions as well.
[Ord. 585, 9/12/2011]
The removal of the surface of the land through the combined
action of human activity and natural processes at a rate greater than
would occur because of the natural process alone.
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops, tillage, land clearing, plowing,
disking, harrowing, planting, 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.
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;
changing of surface conditions by causing the surface to be more or
less impervious; land disturbance.
A landowner, developer, or other person who has filed an
application for approval to engage in any regulated activities at
a project site within the Borough.
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: "non-structural"
or "structural." "Non-structural" BMPs are measures referred to as
operational and/or behavior-related practices that attempt to minimize
the contact of pollutants with stormwater runoff whereas "structural"
BMPs are measures 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.
The Pennsylvania Stormwater Best Management Practices Manual,
December 30, 2006 or more current version, as published by the Pennsylvania
Department of Environmental Protection.
A structure with appurtenant works that carries a stream
and/or stormwater runoff under or through and embankment or fill.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
twenty-five-year storm) and duration (e.g., 24 hours), used in the
design and evaluation of stormwater management systems. Also see "return
period."
The agent of this Borough and/or agent of the Borough Council
involved with the administration, review or enforcement of any provisions
of this chapter by contract or memorandum of understanding.
A person, partnership, association, corporation, or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity as regulated under this chapter.
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, drainage, or conveyance
purposes.
Any natural or artificial watercourse, trench, ditch, pipe,
swale, channel, or similar depression into which runoff flows.
Erosion and Sediment Pollution Control Program Manual, April
15, 2000, or more current version, as published by the Pennsylvania
Department of Environmental Protection.
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, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials. Road maintenance activities
that do not disturb the subbase of a paved road (such as milling and
overlays) are not considered earth disturbance activities.
A person appointed by the Borough to enforce this chapter.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan which is designed to minimize accelerated erosion
and sedimentation.
The Federal Emergency Management Agency.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other surface waters.
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
— mapped as being a special flood hazard area. Included are
lands adjoining a river or stream that have been or may be inundated
by a one-hundred-year flood.
A vertical distance between the elevation of the design high
water and the top of a dam, levee, tank, basin, or diversion ridge.
The space is required as a safety margin in a pond or basin.
Replenishment of existing natural underground water supplies.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into one of four HSG (A, B, C, and D) according to
their minimum infiltration rate, which is obtained for bare soil after
prolonged wetting. The Natural Resource Conservation Service (NRCS)
of the U.S. Department of Agriculture defines the four groups and
provides a list of most of the soils in the United States and their
group classification.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) include, but are not limited
to: roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, parking or driveway areas, and any new
streets and sidewalks. Any surface areas proposed to initially be
gravel or crushed stone shall be assumed to be impervious surfaces.
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
(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 buildings, or (2) 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; (B) any subdivision
of land; (C) development in accordance with § 503(1.1) of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1).
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.
An approach to land development that uses various land planning
and design practices and technologies to simultaneously conserve and
protect natural resource systems and reduce infrastructure costs.
LID still allows land to be developed, but in a cost-effective manner
that helps mitigate potential environmental impacts.
Act 247 of 1968 as reenacted and amended by Act 170 of 1988,
as amended, 53 P.S. § 10101 et seq.
Borough of Edinboro, Erie County, Pennsylvania, and its governing
body.
The federal government's system for issuance of permits
under the Clean Water Act, which is delegated to PADEP in Pennsylvania.
Precipitation-Frequency Atlas of the United States, Atlas
14, Volume 2, U.S. Department of Commerce, National Oceanic and Atmospheric
Administration, National Weather Service, Hydrometeorological Design
Studies Center, Silver Spring, Maryland (2004). NOAA's Atlas
14 can be accessed at internet address http://hdsc.nws.noaa.gov/hdsc/pfds/.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Natural Resources Conservation Services (previously Soil
Conservation Service (SCS)).
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
not under pressure.
Point where water flows from a conduit, stream, or drain.
Points of water disposal from a stream, river, lake, tidewater,
or artificial drain.
The Pennsylvania Department of Environmental Protection or
its successor.
The maximum rate of stormwater runoff flow from a specific
storm event.
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.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The specific area of land where any regulated activities
in the Borough 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 the
chapter.
A rainfall-runoff relation used to estimate peak flow.
Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff. (See § 23-105.)
An owner, renter, tenant, lessor, lessee, manager, agent
or any fiduciary person with power of attorney or other person who
is occupying or having charge of, possession or control of the premises
or has the authority and ability to act on behalf of, or in the interest
of, the owner.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years; or stated in another way, the probability of a twenty-five-year
storm occurring in any one given year is 0.04 (i.e., a 4% chance).
A vegetated area bordering perennial and intermittent streams
and wetlands, that serves as a protective filter to help protect streams
and wetlands from the impacts of adjacent land uses.
Any part of precipitation that flows over the land surface.
Soils or other materials transported by runoff as a product
of erosion.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
A depression in the embankment of a pond or basin, or other
overflow structure, that is used to pass peak discharges 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, 35 P.S. § 691.1 et seq.
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
Drainage runoff from the surface of the land resulting from
precipitation, snow or ice melt.
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 drawings and narrative prepared by the applicant or his
representative indicating how stormwater runoff will be managed at
the project site in accordance with this chapter.
The division or re-division of a 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, or lease, 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 dwellings, shall be exempt (Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq.).
Perennial and intermittent streams, rivers, lakes, reservoirs,
ponds, wetlands, springs, natural seeps and estuaries, excluding water
at facilities approved for wastewater treatment such as wastewater
treatment impoundments, cooling water ponds and constructed wetlands
used as part of a wastewater treatment process.
An open channel or low-lying stretch of land that gathers
or carries runoff.
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.
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.
Area drained by a river, watercourse, or other surface water,
whether natural or artificial.
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 and similar areas. (The term includes, but is
not limited to, wetland areas listed in the State Water Plan, the
United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan and a wetland area designated
by a river basin commission. This definition is used by the United
States Environmental Protection Agency and the United States Army
Corps of Engineers.)
