Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A.Â
Words used in the present tense also imply the future tense.
B.Â
Words used in the singular include the plural, and vice versa.
C.Â
Words of masculine gender include feminine gender, and vice versa.
D.Â
The words and abbreviation "includes," "including," "shall include,"
"such as," and "e.g." are not limited to the specific example(s) given
but are intended to extend the words or words' meaning(s) to all other
instances of like kind and character.
E.Â
The words "shall," "required," or "must" are mandatory; the words
"may" and "should" are permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
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 102.
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 Abbottstown 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.
Operational and/or behavior-related practices that attempt
to minimize the contact of pollutants with stormwater runoff.
Measures consisting 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,
Pennsylvania Department of Environmental Protection, December 2006
(Document #363-0300-002), as amended and updated.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., and any subsequent amendments thereto.
The area of the impervious surface contributing to a concentration
point directed to a pervious surface.
A natural conveyance channel, manmade conveyance channel
or pipe conveyance facility including, but not limited to, streams,
channels, swales, pipes, conduits, culverts and storm sewers.
Adams 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.
A structure designed to retard stormwater runoff by temporarily
storing and releasing the runoff at a predetermined rate.
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/or increased time of concentration.
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 limited right of use granted in private land, allowing
the use of private land for stormwater management purposes, wherein
no structure may be constructed.
The Pennsylvania DEP Erosion and Sedimentation Control Manual,
as amended and updated.
A construction or other human activity which disturbs the
surface of the land, including land clearing and grubbing, grading,
excavations, embankments, land development, agricultural plowing or
tilling, operation of animal heavy use areas, timber harvesting activities,
road maintenance activities, oil and gas activities, well drilling,
mineral extraction, 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 activities.
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.
The channel of the watercourse and those portions of the
adjoining floodplains that are 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.
The path that stormwater follows from the discharge point
to the nearest property line or conveyance facility. The length of
the path is measured along the ground slope.
Planning and activities necessary for the management of forest
land. These include conducting a timber inventory, preparation of
a forest management plan, silvicultural treatment, developing or establishing
a cutting budget, 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.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas include but are not limited
to roofs, additional indoor living spaces, patios and decks, garages,
storage sheds and similar structures, streets, driveways, access drives,
parking areas, and sidewalks. Any areas designed to be covered by
loose surfacing materials such as gravel, stone and/or crushed stone,
and intended for storage of and/or travel by vehicles, or pedestrians
shall be considered impervious; however, a credit may be given for
pervious surface that are designed and maintained as such. The credit
shall be developed on a case-by-case basis. Surfaces or areas designed,
constructed and maintained to permit infiltration may be considered
pervious in terms of stormwater management; however, this definition
is not iterative throughout all definitions as determined by the Subdivision
and Land Development and Zoning Ordinances[1] [e.g., impervious coverage (as allowed per Zoning Ordinance)
must include the pervious surfaces such as porous concrete or pavers
in the impervious area calculation].
Repair or replacement of materials with the same or similar
materials in the same location in a manner that may not affect stormwater
runoff. This is not applicable when repair/replacement is within a
regulated activity area.
Water flowing downward through the ground surface.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
An area of excavated earth filled with loose stone or similar
materials into which surface water is directed for infiltration into
the ground.
Plant species on the "Invasive Exotic Plants in Pennsylvania
List" published by the Pennsylvania Department of Conservation and
Natural Resources, as amended.
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, whether initially
or cumulatively, 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.
A plan prepared and submitted to Abbottstown Borough for
proposed projects which qualify to use the simplified approach. The
requirements are set forth in Appendix D.[2]
A method of routing stormwater runoff through a stormwater
management facility. Also referred to as the "storage indication method."
Abbottstown Borough, Adams County, Pennsylvania.
Those species as listed in the Pennsylvania Noxious Weed
Control Law (3 P.S. §§ 255.1 through 255.11), as amended
and/or recodified.
National Pollution Discharge Elimination System, as authorized
by the Clean Water Act (33 U.S.C. § 1251 et seq. [1972],
as amended).
A permit required for stormwater discharges associated with
construction activities, as required by the Clean Water Act (33 U.S.C.
§ 1251 et seq. [1972], as amended).
USDA Natural Resources Conservation Service (previously SCS).
Operation and maintenance.
Operation and maintenance plan.
Post-construction stormwater management.
Post-construction stormwater management plan.
The maximum rate of stormwater runoff from a specific storm
event.
Act of 1968, P.L. 805, No. 247, as reenacted and amended.
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.
A location specified for the purposes of analyzing a study
area including but not limited to drainage areas, watersheds, inflow
or discharge of stormwater.
Any discernible, confined, or discrete conveyance, including,
but not limited to: any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, CAAP, CAFO, landfill leachate
collection system, or vessel or other floating craft from which pollutants
are or may be discharged.
The specific area of land where any regulated activity in
Abbottstown Borough is planned for, conducted on, constructed, 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 activities or actions that involve the alteration, disturbance
or development of land as described in this chapter. For the purpose
of this chapter, this includes but is not limited to areas where stormwater
flows or land use conditions are altered, regulated earth disturbance
activities, disturbed areas, etc.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
The volume of runoff that is captured and not released directly
into the surface waters of the commonwealth during or after a storm
event.
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 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 4% chance.
A best management practice that consists of permanent vegetation
along surface waters. (Such areas serve as natural vegetative filters
between upland landscapes and waterways.)
A type of riparian buffer that consists of permanent vegetation
that is predominantly native trees and shrubs along surface waters
that is maintained in a natural state or sustainably managed to protect
and enhance water quality, stabilize stream channels and banks, and
separate land use activities from surface waters.
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.
See definition as found in Title 25, Chapter 102.1.
Temporary ponding and gradual release of stormwater falling
directly onto 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 manmade 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.
A surface which permits a limited amount of vertical transmission
of water.
A method of runoff computation in NRCS publication "Urban
Hydrology for Small Watersheds," technical Release No. 55.
Those areas outlined in Chapter 7 of the BMP Manual. Special
management areas include brownfields, highways and roads, karst areas,
mined lands, water supply well areas, surface water supplies and special
protection waters.
A depression in the embankment of a pond or basin which is
used to pass 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.
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 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, snow melt or ice melt.
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.
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 Adams County Stormwater Management Plan of November,
2011, which incorporates the requirements of the Act of October 4,
1978, P.L. 864 (Act 167), as amended, and known as the "Storm Water
Management Act."
A plan prepared by the developer or his representative indicating
how stormwater runoff will be managed at the development site in accordance
with this chapter.
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 of an area of more than 10 acres, not involving any new street
or easement of access or any residential dwelling, shall not be considered
a subdivision.
A low-lying stretch of land which gathers and/or carries
surface water runoff.
Stormwater management.
A checklist of technical items to be used by the reviewing
entity when reviewing a PCSM plan.
The time for surface water to travel from the hydraulically
most distant point in a watershed to a point of interest within a
watershed.
United States Department of Agriculture.
A stream of water, river, brook, creek, channel or ditch,
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 the 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.
