The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.
Words used or defined in one tense or form shall include other tenses
or derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
C.
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
D.
The word "person" includes individuals, firms, partnerships, joint
ventures, trusts, trustees, estates, corporations, associations and
any other similar entities.
E.
The word "lot" includes the words "plot," "tract," and "parcel."
F.
The words "shall," "must" and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
G.
The time, within which any act required by this chapter is to be
performed, shall be computed by excluding the first day and including
the last day. However, if the last day is a Saturday or Sunday or
a holiday declared by the United States Congress or the Pennsylvania
General Assembly, it shall also be excluded. The word "day" shall
mean a calendar day, unless otherwise indicated.
I.
References to officially adopted regulations, standards, or publications
of DEP or other governmental agencies shall include the regulation,
publication, or standard in effect on the date when a SWM site plan
is first filed. It is the intent of the (governing body) in enacting
this section to incorporate such changes to statutes, regulations,
and publications to the extent authorized by 1 Pa.C.S.A. § 1937.
As used in this chapter, the following terms shall have the
meanings indicated:
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the
United States Geological Survey, the Susquehanna River Basin Commission,
or a licensed surveyor or professional engineer, registered by the
Commonwealth of Pennsylvania is necessary to define this boundary.
The water surface elevations of the one-hundred-year flood.
A flood that, on the average, is likely to occur once every
500 years (i.e., that has a 0.20% chance of occurring each year, although
the flood may occur in any year).
The outer boundary of an area of land that is likely to be
flooded once every 500 years (i.e., which has a 0.20% chance of being
flooded each year), as determined by the Flood Insurance Study, as
may from time to time be promulgated by the Federal Emergency Management
Association.
The water surface elevations of the five-hundred-year floodplain.
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate
greater than would occur because of the natural process alone.
A right granted by a landowner to a grantee, allowing entry
for the purpose of inspecting, maintaining and repairing SWM facilities.
A plan prepared under the authority of 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 and raising livestock including
tillage, land clearing, plowing, disking, harrowing, planting, harvesting
crops, or pasturing and raising of livestock and installation of conservation
practices. Construction of new buildings or impervious areas is not
considered an agricultural activity. This definition also includes
noncommercial greenhouses and mushroom houses.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
the changing of surface conditions by causing the surface to be more
or less impervious; earth disturbance activity. As applied to buildings
or structures, any change in the supporting members of a building
or structure such as bearing walls, columns, beams or girders, joists
or rafters, or enclosing walls; any renovation to a building which
would change its use.
A barnyard, feedlot, loafing area, exercise lot, or other
similar area on an agricultural operation where, due to the concentration
of animals, it is not possible to establish and maintain vegetative
cover of a density capable of minimizing accelerated erosion and sedimentation
by usual planting methods. The term does not include entrances, pathways
and walkways between areas where animals are housed or kept in concentration.
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application to
the Borough for approval to engage in any regulated activity at a
development site located within the Borough.
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year flood).
The projected flood height of the base flood.
Activities, facilities, control measures, planning or procedures
used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim, and restore the quality
of waters and the existing and designated uses of waters within this
commonwealth before, during and after earth disturbance activities.[2] See also "nonstructural BMP" and "structural BMP."
The Pennsylvania Stormwater Best Management Practices Manual
of December 2006.
Quarryville Borough, Lancaster County, Pennsylvania.
The governing body of the Borough.
Any structure with a roof intended for shelter or enclosure of persons, animals or property. For the purpose of Chapter 210, Floodplain Management, this term shall also include gas or liquid storage tanks.
Limestone or dolomite bedrock or other carbonate-based rock.
Carbonate geology is often associated with karst topography.
Documentation verifying that all permanent SWM facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
That water which is flowing within the limits of a defined
channel.
25 Pa. Code Chapter 102, Erosion and Sediment Control.
25 Pa. Code, Chapter 105, Dam Safety and Waterway Management.
25 Pa. Code, Chapter 106, Floodplain Management.
A reservoir or tank for storing rainwater.
The 1972 Amendments to the Federal Water Pollution Control
Act, P.L. 92-500 of 1972, 33 U.S.C. § 1251 et seq.
The Lancaster County Conservation District or any agency
successor thereto, which shall administer and enforce Chapter 102.
A plan written by an NRCS certified planner that identifies
conservation practices and includes site specific BMPs for agricultural
plowing or tilling activities and animal heavy use areas.
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
A structure with appurtenant works which can convey a stream
under or through an embankment or fill.
The Pennsylvania Department of Conservation and Natural Resources
or any agency successor thereto.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
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 SWM systems.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a controlled
rate.
A person who undertakes any regulated activity of this chapter.
The specific area of land where regulated activities in the
Borough are planned, conducted or maintained.
A stream in an area underlain by carbonate geology that flows
underground for a portion of its length.
A land area where an earth disturbance activity is occurring
or has occurred.
Rights to occupy and use another person's real property
for the installation and operation of stormwater management facilities,
or for the maintenance of natural drainageways to preserve and maintain
a channel for the flow of stormwater therein, or to safeguard health,
safety, property, and facilities.
Erosion and sediment.
The DEP Erosion and Sediment Pollution Control Manual, No.
363-2134-008.
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.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: 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; building construction; and the moving,
depositing, stockpiling, or storing of soil, rock, or earth materials.
Slopes greater than 15%, shallow bedrock (located within
six feet of ground surface), wetlands, natural heritage areas and
other areas designated as conservation or preservation in Greenscapes,
the Green Infrastructure Element of the County Comprehensive Plan,
where encroachment by land development or land disturbance results
in degradation of the natural resource.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action. See also "accelerated erosion,"
as defined above.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The Federal Emergency Management Agency or any agency successor
thereto.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface water
from any source.
The projected heights, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
That portion of the floodplain outside of the floodway.[3]
See definition of "floodplain" in Chapter 420, Zoning.
Act of October 4, 1978, P.L. 851, No. 166, as amended, 32
P.S. § 679.101 et seq.
See definition of "floodway" in Chapter 210, Floodplain Management.
Planning and activities necessary for the management of forest
land. These include conducting a timber inventory and preparation
of forest management plans, silvicultural treatment, cutting budgets,
logging road design and construction, timber harvesting, site preparation
and reforestation.
The probability or chance that a given storm event/flood
will be equaled or exceeded in a given year.
The process by which water from above the ground surface
is added to the saturated zone of an aquifer, either directly or indirectly.
Refers to soils grouped according to their runoff-producing
characteristics by NRCS. There are four runoff potential groups, ranging
from A to D.
(Low runoff potential) Soils having high infiltration rates
even when thoroughly wetted and consisting chiefly of deep, well to
excessively drained sands or gravels. These soils have a high rate
of water transmission (greater than 0.30 inch/hour).
Soils having moderate infiltration rates when thoroughly wetted
and consisting chiefly of moderately deep to deep, moderately well
to well-drained soils with moderately fine to moderately coarse textures.
These soils have a moderate rate of water transmission (from 0.15
inch/hour to 0.30 inch/hour).
Soils having slow infiltration rates when thoroughly wetted
and consisting chiefly of soils with a layer that impedes downward
movement of water, or soils with moderately fine to fine texture.
These soils have a slow rate of water transmission (from 0.05 inch/hour
to 0.15 inch/hour).
(High runoff potential) Soils having very slow infiltration
rates when thoroughly wetted and consisting chiefly of clay soils
with a high swelling potential, soils with a permanent high water
table, soils with a clay pan or clay layer at or near the surface,
and shallow soils over nearly impervious material. These soils have
a very slow rate of water transmission (from zero to 0.05 inch/hour).
Surfaces which prevent the infiltration of water into the
ground. All surfaces, including but not limited to structures, buildings,
parking areas, driveways, roads, streets, sidewalks, decks, and any
areas of concrete, asphalt, packed stone, and compacted soil shall
be considered impervious surface if they prevent infiltration.
A retention or detention facility designed to retain stormwater
runoff and infiltrate it into the ground (in the case of a retention
basin) or release it at a controlled rate (in the case of a detention
basin).
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, rain gardens, vegetated
swales, pervious paving, infiltration basins, etc.).
A surface connection to a closed drain. The upstream end
of any structure through which water may flow.
A natural, transient body or conveyance of water that exists
for a relatively long time, but for weeks or months of the year is
below the local water table and obtains its flow from both surface
runoff and groundwater discharges.
Plants which grow quickly and aggressively, spreading, and
displacing other plants. Invasives typically are introduced into a
region far from their native habitat. See "Invasive Plants in Pennsylvania"
by DCNR.
A type of topography or landscape characterized by features
including but not limited to surface depressions, sinkholes, rock
pinnacles/uneven bedrock surface, underground drainage, and caves.
Karst is formed on carbonate rocks, such as limestone or dolomite.
Any activity meeting the definition of land development in Chapter 355, Subdivision and Land Development.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A rock formation, other stratum, or soil condition which
is so slowly permeable that it effectively limits downward passage
of effluent. Seasonal high water tables, whether perched or regional,
also constitute a limiting zone.[4]
A linear feature in a landscape which is an expression of
an underlying geological structure such as a fault.
An equation for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. Manning's
Equation assumes steady, gradually varied flow.
Applies when the applicant demonstrates to the Borough's
satisfaction that the performance standard is not achievable. The
applicant shall take into account the best available technology, cost-effectiveness,
geographic features, and other competing interests such as protection
of human safety and welfare, protection of endangered and threatened
resources, and preservation of historic properties in making the assertion
that the performance standard cannot be met and that a different means
of control is appropriate.[5]
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101
et seq.
A conveyance of system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains), which is all of the
following:
Owned or operated by a state, city, town, Borough, township,
county, district, association or other public body (created under
state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes;
Designed or used for collecting or conveying stormwater;
Not a combined sewer; and
Not part of a publicly owned treatment works as defined at 40
CFR 122.2.
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18), or designated as regulated under 40 CFR 122.26(a)(1)(v).
A permit issued under 25 Pa. Code Chapter 92a (relating to
National Pollutant Discharge Elimination System permitting, monitoring
and compliance) for the discharge or potential discharge of pollutants
from a point source to surface waters.
Plant species that have evolved or are indigenous to a specific
geographical area. These plants are adapted to local soil and weather
conditions as well as pests and diseases.
An existing channel for water runoff that was formed by natural
processes.
Ground cover which mimics the infiltration characteristics
of predominant hydrologic soil group found at the site.
Planning and design approaches, operational and/or behavior-related
practices which minimize stormwater runoff generation resulting from
an alteration of the land surface or limit contact of pollutants with
stormwater runoff.
Any source of water pollution that does not meet the legal
definition of "point source" in Section 502(14) of the Clean Water
Act.
Natural Resources Conservation Service (previously "Soil
Conservation Service" or "SCS").
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full. Open channels may include closed conduits so
long as the flow is not under pressure.
Point where water flows from a conduit, stream, pipe, or
drain.
The maximum rate of stormwater runoff from a specific storm
event.
The Pennsylvania Department of Transportation or any agency
successor thereto.
Any material/surface that allows water to pass through at
a rate equal to or greater than natural ground cover.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of the Borough.
The SWM and erosion and sediment control plans and narratives.
Water that comes in contact with any raw material, product,
by-product, or waste during any production or industrial process.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
SWM controls used to manage the peak flows for the purposes
of channel protection and flood mitigation.
A rainfall-runoff relation used to estimate peak flow.
Any physical improvement to a previously developed lot that
involves earthmoving, removal, or addition of impervious surfaces.
A plan to manage stormwater runoff from an area larger than
a single development site. A Regional Stormwater Management Plan could
include two adjacent parcels, an entire watershed, or some defined
area in between. Regional Stormwater Management Plans can be prepared
for new development, or as a retrofit to manage runoff from already
developed areas.
Activities, including earth disturbance activities, that
involve the alteration or development of land in a manner that may
affect stormwater runoff. Regulated activities shall include, but
not be limited to:
Land development, subject to the requirements of Chapter 355, Subdivision and Land Development;
Removal of ground cover, grading, filling or excavation;
Construction of new or additional impervious or semi-impervious
surfaces (driveways, parking lots, etc.), and associated improvements;
Construction of new buildings or additions to existing buildings;
Installation or alteration of stormwater management facilities
and appurtenances thereto;
Diversion or piping of any watercourse; and
Any other regulated activities where the Borough determines
that said activities may affect any existing watercourse's stormwater
management facilities, or stormwater drainage patterns.
For a specific design storm or list of design storms, the
percentage of peak flow rate for existing conditions which may not
be exceeded for the proposed conditions.
A graphical representation of the release rates for a specific
area.
A stormwater management facility that includes a permanent
pool for water quality treatment and additional capacity above the
permanent pool for temporary runoff storage.
Pertaining to a stream, river or other watercourse. Also,
plant communities occurring in association with any spring, lake,
river, stream or creek through which waters flow at least periodically.[6]
A BMP that is an area of permanent vegetation along a watercourse.
A narrow strip of land, centered on a stream or river that
includes the floodplain as well as related riparian habitats adjacent
to the floodplain.[7]
An easement created for the purpose of protecting and preserving
a riparian corridor.
A type of riparian buffer that consists of permanent vegetation
that is predominantly native trees, shrubs and forbs along a watercourse
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.
Temporary ponding and gradual release of stormwater falling
directly onto roof surfaces by incorporating controlled-flow roof
drains into building designs.
Any part of precipitation that flows over the land surface.
United States Department of Agriculture, Soil Conservation
Service (now known as "NRCS").
Soils or other materials transported by stormwater as a product
of erosion.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
The action or process of forming or depositing sediment in
waters of this commonwealth.[8]
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A surface which prevents some infiltration of water into
the ground.
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
Regulated activities that, measured on a cumulative basis,
create new impervious areas of more than 250 square feet and less
than 2,000 square feet or involve earth disturbance activity of an
area less than 5,000 square feet and do not involve the alteration
of SWM facilities or watercourses.
A storm having a frequency of recurrence of once every two
years or smaller.
See "hydrologic soil group."
A method of runoff computation developed by the SCS (now
NRCS) that is based on relating soil type and land use/cover to a
runoff parameter called "curve number" (CN). For more information,
see "Urban Hydrology for Small Watersheds," Second Edition, Technical
Release No. 55, SCS, June 1986 (or most current edition).
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code,
the Clean Streams Law[9] and the Clean Water Act.
A volume above or below ground that is available to hold
stormwater.
A storm of a specific duration, intensity, and frequency.[10]
A system of pipes and/or open channels designed to convey
stormwater.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Act of October 4, 1978, P.L. 864, No. 167, as amended, 32
P.S. § 680.1 et seq.
See BMPs.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, infiltrates/evaporates/transpires,
cleans or otherwise affects stormwater runoff. Typical SWM facilities
include, but are not limited to, detention and retention basins, open
channels, watercourses, road gutters, swales, storm sewers, pipes,
BMPs, and infiltration structures.
A plan, including a narrative, to ensure proper functioning of the SWM facilities in accordance with Article VI of this chapter.
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at a particular development
site according to this chapter.
A watercourse.
Physical devices and practices that capture and treat stormwater
runoff; structural stormwater BMPs are permanent appurtenances to
the development site.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.[11]
Any activity meeting the definition of "subdivision" in the
MPC.[12]
Chapter 355, Subdivision and Land Development, as amended.
A low-lying stretch of land which gathers or carries surface
water runoff.
Stormwater management.
A Stormwater Management Site Plan.
See "forest 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.
First substantial break in slope between the edge of the
bed of the stream and the surrounding terrain. The top of stream bank
can either be a natural or constructed (that is, road or railroad
grade) feature, lying generally parallel to the watercourse.
The sequencing of structural BMPs to achieve optimal flow
management and pollutant removal from urban stormwater.
United States Department of Agriculture or an agency successor
thereto.
SWM controls, or BMPs, used to remove a predetermined amount
of runoff or the increase in volume between the pre- and post-development
design storm.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow. Watercourses may include, but are not limited to permanent and
intermittent streams, rivers, brooks, runs, creeks, channels, swales,
ponds and lakes, whether natural or artificial.
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 Pennsylvania.
The entire region or area drained by a watercourse.
Those 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, ferns, and similar areas.
Land predominantly covered with trees and shrubs. Without
limiting the foregoing, woodlands include all land areas of 10,000
square feet or greater, supporting at least 100 trees per acre, so
that either: at least 50 trees are two inches or greater in diameter
at breast height (DBH); or 50 trees are at least 12 feet in height.
Chapter 420, Zoning, as amended.
