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 agent of a property owner who has
filed an application for approval to engage in any regulated activity
at a project site in Springfield 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. Permanent 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-scaled 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 permanent stormwater BMPs are permanent appurtenances
to the project site.
A natural or artificial watercourse with a defined bed and
banks that conveys continuously or periodically flowing water.
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 Chapter 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.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
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 A.[1]
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, roadside maintenance, building
construction and the moving, depositing, stockpiling, or storing of
soil, rock or earth materials.
A legal right granted by a landowner to a grantee allowing
the use of private land for conveyance or treatment of stormwater
runoff and access to stormwater practices.
The natural process by which the surface of the land is worn
away by water, wind or chemical action.
A plan that is designed to minimize the accelerated erosion
and sediment runoff at a site during construction activities.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Federal Emergency Management
Agency (FEMA) maps and studies as being a special flood hazard area.
Also included are those soil groups found in Appendix 13 of the (1993)
DER Technical Manual for Sewage Enforcement Officers, Soil Groups,
Appendix A (as amended or replaced from time to time by PADEP).
The channel of the watercourse and those portions of the
adjoining floodplains that is reasonably required to carry and discharge
the 100-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 100-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 timber inventory and preparation of forest management
plans, silvicultural treatment, 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 HSG's (A, B, C, and D) according to
their minimum infiltration rate, which is obtained for bare soil after
prolonged wetting. The Natural Resources Conservation Service (NRCS)
of the US Department of Agriculture 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 precipitation
into the ground (e.g., building area/footprint, pavement, sidewalks,
driveways, etc.). Decks, gravel parking areas, gravel driveways, porous
concrete, porous asphalt, porous pavers, and green roofs are not counted
as impervious areas if they do not prevent infiltration.
The entrance of surface water into the soil, usually at the
soil/air interface.
Inclusive of any or all of the following meanings:
Mercer County Conservation District.
Springfield Township, Mercer County, Pennsylvania.
A combination of design and planning techniques that focus
on preserving open space, protecting natural systems, and incorporating
existing landscape features, such as wetlands and stream corridors,
into a SWM site plan to manage stormwater at its source.
A permit issued by the EPA, or by a state under authority
delegated pursuant to 33 U.S.C. § 1342(b), that authorizes
the discharge of pollutants to waters of the state, whether the permit
is applicable on an individual, group, or general area-wide basis.
USDA Natural Resources Conservation Service (previously SCS).
These are requirements that are recommended but may be modified
or deleted at the discretion of Springfield Township.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a piece of land. As used herein, owner also refers to,
in the appropriate context:
Any other person authorized to act as the agent for the owner;
Any person who submits a stormwater management concept or design
plan for approval or requests issuance of a permit, when required,
authorizing land development to commence; and
Any person responsible for complying with an approved stormwater
management design plan.
The maximum rate of stormwater runoff from a specific storm
event.
A stormwater (BMP) that will be operational after the construction
phase of a project and that is designed to become a permanent part
of the site for the purposes of managing stormwater runoff.
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.
A body of water or conveyance into which stormwater runoff
is discharged.
The replenishment of underground water reserves.
A change to previously existing, improved property, including
but not limited to the demolition or building of structures, filling,
grading, paving, or excavating, but excluding ordinary maintenance
activities, remodeling of building on the existing footprint, resurfacing
of paved areas, and exterior changes or improvements that do not materially
increase or concentrate stormwater runoff or cause additional nonpoint
source pollution.
Any earth disturbing 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 a regulation
under 25 Pa. Code Chapter 92a, 25 Pa. Code Chapter 102, or the Clean
Streams Law, 35 P.S. § 691.1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns that is named on a stormwater maintenance agreement
as responsible for long-term operation and maintenance of one or more
permanent stormwater BMPs.
The recurrence interval, in years, which a storm event of
a given magnitude has the probability of occurrence in any given year;
i.e., the probability of a two-year storm occurring in any one year
is 0.5 (a 50% chance), the probability of a ten-year storm occurring
in any one year is 0.1 (a 10% chance). The probability of a twenty-five-year
storm occurring in any one year is 0.04 (a 4% chance) and the probability
of a 100-year storm occurring in any one year is 0.01 (a 1% chance).
An area of land at or near a stream bank, wetland, or water
body that has intrinsic water quality value due to the ecological
and biological processes it performs or is otherwise sensitive to
changes which may result in significant degradation to water quality.
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.[3]
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Abbreviated as "SWM BMPs" throughout this chapter.
The plan prepared by the developer or his representative
indicating how stormwater runoff associated with industrial, commercial,
institutional, residential or other land uses 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.
Any structure, natural or man-made, that is designed to reduce
all of the following: stormwater runoff pollutant loads, discharge
volumes, peak flow discharge rates and detrimental changes in stream
temperature that affect water quality and habitat.
The plan for managing stormwater runoff adopted by the County
of Mercer as required by the Act of October 4, 1978, P.L. 864, (Act
167), as amended, and known as the "Storm Water Management Act."[4]
A body of water with a current, confined within a bed and
stream banks, less than 60 feet in width, that is subject to inundation
from overflow or floodwater. A stream may be referred to as a branch,
brook, creek or run.
A constructed facility or measure that helps to protect receiving
water quality and control stormwater runoff rate and volume.
As defined in The Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[5]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
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 body
of water, whether natural or artificial.
Those 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, fens, and similar areas.
