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:
Activities associated with agriculture, such as agricultural
cultivation, agricultural operation, 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
with the municipality for approval to engage in any regulated activity
at a project site in the municipality.
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 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 Ch. 102.
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 released into the
waters of this commonwealth at a controlled rate.
See "project site."
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
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.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
Federal Emergency Management Agency.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable FEMA maps and studies as
being a special flood hazard area. Also includes areas that comprise
Group 13 soils, as listed in Appendix A of the Pennsylvania DEP Technical
Manual for Sewage Enforcement Officers (as amended or replaced from
time to time by DEP).
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.
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).[1]
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include but not be limited
to: roofs, additional 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 do not prevent 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 or all of the following meanings:
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; or
The division or allocation of land or space between or among
two or more buildings; 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.
Any subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
Borough of Dalton, Lackawanna County, Pennsylvania.
United States Department of Agriculture 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.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Ch. 92, 25 Pa. Code Ch. 102, or the Clean Streams
Law.[2]
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).
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 Title 25 of the Pennsylvania Code
and the Clean Streams Law.
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 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.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[3]
United States Department of Agriculture.
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 water 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 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.
