For the purposes of this chapter, certain terms and words used
herein shall be interpreted as follows:
A.Â
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.Â
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.Â
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:
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 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 to the Borough for approval to engage in any regulated
activity at a project site in the Borough.
Employees or designees of the Borough of Lemoyne designated
to enforce this chapter, including without limitation the Borough
Manager or his designees.
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.
Lemoyne Borough, Cumberland County, Pennsylvania.
An underground reservoir or tank for storing rainwater.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., and any subsequent amendments thereto.
The Cumberland County Conservation District (CCCD).
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 Lemoyne Borough.
Cumberland County, Pennsylvania.
A pipe, conduit or similar structure (including end walls,
wing walls, and other appurtenant works), which carries surface water.
The Pennsylvania Department of Environmental Protection.
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.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate. A detention
basin can be designed to drain completely after a storm event, or
it can be designed to contain a permanent pool of water.
The volume of runoff that is captured and then infiltrated,
evaporated, reused, or released into the waters of this commonwealth
at a controlled rate.
A person or persons, partnership, association, corporation
or other entity, or any responsible person therein or agent thereof,
that undertakes the activities covered by this chapter.
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.
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
A channel and a ridge constructed to a predetermined grade
across a slope, and designed to collect and divert runoff from slopes,
which are subject to erosion.
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 right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A construction or other human activity which disturbs or
exposes the underlying soil, including, but not limited to, clearing
and grubbing; grading; excavations; embankments; road maintenance;
building construction; 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.
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 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.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Replenishment of existing natural underground water.
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.
Any direct or indirect nonstormwater discharge to the storm
drain system.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an 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.
A structure designed to direct runoff into the ground, e.g.,
french drains, seepage pits, seepage trench.
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.
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.[2]
Any activity involving grading, filling, digging or filling
of ground, or stripping of vegetation, or any other activity which
causes land to be exposed to the danger of erosion.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on-site.
Municipal separate storm sewer system.
Lemoyne Borough, Cumberland County, Pennsylvania.
A permit issued by EPA [or by 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 area-wide basis.
Any discharge to the storm drain system and/or waters of
the commonwealth that is not composed entirely of stormwater.
National Pollution Discharge Elimination System.
USDA Natural Resources Conservation Service (previously "SCS").
A tract of land on which trees and plants are raised or stored
for transplanting and sale.
Operation and maintenance.
Operation and maintenance plan.
Pennsylvania Department of Environmental Protection.
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 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, ordinances, and accumulations, so 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 Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
Includes, but not be limited to, 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, Chapter 92, Chapter 102, or the Clean Streams Law,
35 P.S. § 691.1 et seq.
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 pound or impoundment for a specified design storm.
Temporary ponding and gradual release of stormwater falling
directly onto roof surface by incorporating control-flow roof drains
into building design.
That part of precipitation which 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.
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
material and into which surface water is directed for infiltration
into the ground.
A surface such as stone, rock, concrete or other materials
which permits some vertical transmission of water.
Water flow with a relatively thin and uniform depth.
A method of runoff computation developed by SCS, and found
in its publication Urban Hydrology for Small Watersheds, Technical
Release No. 55, SCS, January 1975.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[3]
Publicly or privately owned facilities 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 system of pipes or other conduits which carries intercepted
surface runoff, street water and other wash waters, or drainage, but
excludes domestic sewage and industrial wastes.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
[Amended 8-18-2022 by Ord. No. 772]
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 for managing stormwater runoff adopted by Cumberland
County as required by the Act of Oct. 4, 1978, P.L. 864, (Act 167),
and known as the "Storm Water Management Act," 32 P.S. § 680.1
et seq.
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 Cumberland County Conservation District (CCCD) 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.
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, of lease, transfer of ownership
or building or lot development; provided, however, that the division
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access, shall be exempt.
A low-lying stretch of land which gathers or carries surface
water runoff.
Stormwater management.
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.
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.
