[Ord. 2011-12-10, 12/12/2011]
As used in this chapter, the following terms shall have the
meanings indicated:
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur because of the natural processes alone.
Act of October 4, 1978, P.L. 864 (Act 167), as amended, and
known as the "Storm Water Management Act."[1]
Activities associated with agriculture, such as, but not
limited to, agricultural cultivation, agricultural operations, and
animal heavy-use areas. This includes the work of producing crops,
including 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.
A landowner, developer, or other person who has filed an
application to the Borough for approval to engage in any regulated
activity at a project site in 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:
"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.
The Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., and any subsequent amendments thereto.
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.
Activities subject to NPDES construction permits. NPDES stormwater
Phase II permits will be required for construction projects resulting
in land disturbance of one acre or more. Such activities include,
but are not limited to, clearing and grubbing, grading, excavating
and demolition.
The Borough Council of Red Lion Borough.
York County, Pennsylvania.
A structure which carries surface water through an obstruction.
An impoundment structure regulated by the Pennsylvania DEP Chapter 105 regulations.
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."
A structure designed to retard stormwater runoff by temporarily
storing and releasing the runoff at a predetermined rate.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of appropriate and approved
Act 167 Plans.
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.
See "project site."
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 as specified in Appendix B, Disconnected
Impervious Area, of this chapter.[2]
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
That portion of a property line of a lot or parcel of land
being developed located such that overland or pipe flow from the development
site would be directed toward it.
A stormwater management facility designed to transmit stormwater
runoff, including, but not limited to, streams, channels, swales,
pipes, conduits, culverts and storm sewers.
A limited right of use granted in private land, allowing
the use of private land for stormwater management purposes, wherein
no structure may be constructed.
A permit issued by the municipal governing body after the
SWM site plan has been approved. Said permit is issued prior to or
with the final municipal approval.
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.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
A site-specific plan consisting of both drawings and a narrative
that identifies BMPs to minimize accelerated erosion and sedimentation
before, during and after earth disturbance activity.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
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 waters of this commonwealth.
Any land area susceptible to inundation by water from any
natural source, as delineated by applicable FEMA maps and studies
as being a special flood hazard area.
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.
Replenishment of existing natural underground water supplies.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
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).
Any direct or indirect nonstormwater discharge to the storm
drain system.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows any illegal discharge to enter the storm drain system
and/or waters of the commonwealth, including, but not limited to,
any conveyances which allow any nonstormwater discharge, including
sewage, process wastewater, and wash water, to enter the storm drain
system and any connections to the storm drain system and/or waters
of the commonwealth from indoor drains and sinks, regardless of whether
said drain or connections had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system and/or waters of the commonwealth
which has not been documented in plans, maps, or equivalent records
and approved by an authorized enforcement agency.
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
The entrance of surface water into the soil, usually at the
soil-air interface.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
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.
Shall include 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.[3]
Any activity involving grading, filling, digging or filling
of ground, or stripping of vegetation, or any other activity that
causes land to be exposed to the danger of erosion.
Municipal separate storm sewer system.
Red Lion Borough, York County, Pennsylvania.
A permit issued by the EPA [or by the DEP under authority
delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general areawide
basis.
Any discharge to the storm drain system and/or waters of
the commonwealth that is not composed entirely of stormwater.
National Pollutant Discharge Elimination System.
USDA Natural Resources Conservation Service (previously SCS).
Operation and maintenance.
Operation and maintenance plan.
Post-construction stormwater management plan.
The maximum rate of stormwater runoff from a specific storm
event.
The downward movement, under the influence of gravity, of
water under hydrostatic pressure through interstices of the soil or
rock.
An individual, partnership, public or private association
or corporation, firm, trust, estate, borough, governmental unit, public
utility or any other legal entity whatsoever. Whenever used in any
section prescribing or imposing a penalty, the term "person" shall
include the members of a partnership, the officers, agents and servants
of a corporation and the officers of a borough.
Any area not defined as impervious.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, and accumulations, that may cause
or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalk and parking strips.
The specific area of land where any regulated activities
in the Borough are planned, conducted, or maintained.
Any person licensed by the State of Pennsylvania or otherwise
qualified by law to perform the work required by this chapter.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
An impoundment in which stormwater is stored and not released
during a storm event. Stored water may be released from the basin
at some time after the end of a storm.
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.
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.)
A vertical pipe extending from the bottom of a pond or other
water impoundment that is used to control the discharge rate from
the pond or impoundment for a specified design storm.
Temporary ponding and gradual release of stormwater falling
directly onto a roof surface by incorporating control-flow roof drains
into building design.
Any part of precipitation that flows over the land.
The surface components on any watershed which, either individually
or in any combination thereof, directly affect the rate, amount and
direction of stormwater runoff. These may include, but are not limited
to: vegetation, soils, slopes and any type of man-made landscape alterations.
Soil Conservation Service, United States Department of Agriculture.
Soils or other materials transported by surface water as
a product of erosion.
A barrier, dam, retention or detention basin designed to
retain sediment.
An area of excavated earth filled with loose stone or similar
materials into which surface water is directed for infiltration into
the ground.
A surface which permits a limited amount of vertical transmission
of water.
Water flow with a relatively thin and uniform depth.
A method of runoff computation in the NRCS publication "Urban
Hydrology for Small Watersheds," Technical Release No. 55.
A depression in the embankment of a pond or basin which is
used to pass a 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]
Publicly or privately owned faculties by which stormwater
is collected and/or conveyed, including, but not limited to, any roads
with drainage systems, municipal streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or -altered drainage channels, reservoirs,
and other drainage structures.
The number of times that a given storm event occurs on average
in a stated period of years.
A pipe or conduit, or a system of pipes or conduits, which
intercepts and carries surface stormwater runoff, but excludes sewage,
industrial wastes and similar discharges.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Is abbreviated as "BMPs" or "SWM BMPs" throughout this chapter.
Appendix C, defining release rate criteria within the watershed.[6]
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 "Storm Water
Management Act."[7]
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 document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
A bridge, culvert or other structure in excess of 100 feet
in length, upstream to downstream, which encloses a regulated water
of this commonwealth.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
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.
A low-lying stretch of land which gathers and/or carries
surface water runoff.
Stormwater management.
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.
The United States Department of Agriculture.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A stream of water, river, brook, creek, or a channel or ditch
for water, whether natural or man-made.
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.
A region or area drained by a river, watercourse, or other
surface water of this commonwealth.
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, and similar areas.
The York County Conservation District.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: Appendix B is included as an attachment
to this chapter.
[3]
Editor's Note: See 53 P.S. § 10503.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: Appendix C is included as an attachment
to this chapter.
[7]
Editor's Note: See 32 P.S. § 680.1 et seq.
