Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
A.
Words in the singular include the plural and those in the plural
include the singular. Words in the present tense include the future
tense.
B.
The word "shall" is always mandatory; the word "may" is permissive;
and the word "should" means a suggested or preferred action.
C.
The words "person" or "subdivider" and "developer" or "owner" include
a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
D.
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.
E.
The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Undefined terms or words used herein shall have their ordinarily accepted
meanings or such meanings as the context of this chapter may imply.
The removal of the surface of the land through the combined
action of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
See "Pennsylvania Municipalities Planning Code."
The work of producing crops and raising livestock including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
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; land disturbance.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
The flood, also known as the one-hundred-year flood, which
has a 1% chance of being equaled or exceeded in any given year; the
flood which has been selected to serve as the basis upon which the
floodplain management provisions of this and other ordinances have
been prepared.
Activities, facilities, measures, planning 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:
"nonstructural" or "structural." "Nonstructural" BMPs are measures
referred to as operational and/or behavior-related practices that
attempt to minimize the contact of pollutants with stormwater runoff,
whereas "structural" BMPs are measures 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 wet 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 structure which has a roof supported by columns, piers,
or walls, which is intended for the shelter, housing, or enclosure
of persons, animals, or chattel or which is to house a use of a commercial
or manufacturing activity.
A line established by municipal zoning codes or the subdivision
regulations which defines the required minimum distance between any
building and the adjacent public right-of-way or property line.
Limestone or dolomite bedrock; also marble (within graphitic
felsic gneiss fin).
The portion of the street right-of-way, paved or unpaved,
intended for vehicular use. The shoulder is not considered part of
the cartway.
The widening, deepening, and headward cutting of small channels
and waterways, due to erosion caused by moderate to large floods.
An earthen, stone or log structure, used in grass swales
to reduce water velocities, promote sediment deposition, and enhance
infiltration.
An underground reservoir or tank for storing rainwater.
The governing body of the County of Lebanon.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The Commonwealth of Pennsylvania.
The Lebanon County Conservation District (LCCD). The Lebanon
County Conservation District has the authority under a delegation
agreement executed with the Pennsylvania Department of Environmental
Protection to administer all or a portion of the erosion and sediment
control program and construction activities within the political boundaries
of Lebanon County, PA.
The building, reconstruction, extension, expansion, alteration,
substantial improvement, erection or relocation of a building or structure,
including manufactured homes, and gas or liquid storage tanks. For
floodplain purposes, "new construction" includes structures for which
the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by East Hanover Township.
Lebanon County, Pennsylvania.
A structure with appurtenant works which carries a stream
or other surface drainage under or through an embankment or fill.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
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 vegetated pond, swale, or other structure designed to drain
completely after storing runoff only for a given storm event and release
it at a predetermined rate. Also known as a "dry pond."
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, filling,
grading, paving, excavating, earth disturbance activity, mining, dredging
or drilling operations, the placement of manufactured homes, streets
and other paving, utilities and the subdivision of land.
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
That portion of the property line of the lot, tract, or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A right-of-way granted for limited use of land for public
or quasi-public purpose.
East Hanover Township ordinance regulating stormwater management,
by managing accelerated runoff and erosion and sedimentation problems
at their source and by regulating activities that cause these problems;
and utilizing and preserving the existing natural drainage systems;
and encouraging recharge of groundwater where appropriate and preventing
degradation of groundwater quality; and maintaining existing flows
and quality of streams and watercourses in the Township and the commonwealth;
and providing proper maintenance of all permanent stormwater management
facilities that are constructed in the Township; and providing performance
standards and design criteria for watershed-wide stormwater management
and planning.
An individual licensed and registered as a professional engineer
by the Commonwealth of Pennsylvania.
A registered engineer designated by the Supervisors to perform
duties as required by this chapter on behalf of the Township.
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 narrative
that identifies BMPs that minimize accelerated erosion and sedimentation
before, during, and after earth disturbance activities.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or bulldozed. It shall include the conditions resulting
therefrom.
A stormwater design feature that provides for the gradual
release of a volume of water in order to increase settling of pollutants
and protect downstream channels from frequent storm events.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting there from; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make fill.
A general and temporary inundation of normally dry land areas
by water from waterway overflows or the unusual and rapid accumulation
or runoff of surface waters from any source.
Any land susceptible to inundation by water from any natural
source or delineated by applicable Department of Housing and Urban
Development, Federal Insurance Administration Flood Hazard Boundary
mapped as being a special flood hazard area. Included are lands adjoining
a river or stream that have been or may be inundated by a one-hundred-year
flood. Also included are areas that comprise Group 13 soils, as listed
in Appendix A of the Pennsylvania Department of Environmental Protection
(PADEP) Technical Manual for Sewage Enforcement Officers (as amended
or replaced from time to time by PADEP).
The channel of a river or other watercourse and the adjacent
land area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
East Hanover Township Board of Supervisors (the Board of
Supervisors in townships of the second class.)
A reference plane, usually of a road, channel, or natural
ground specified in percent and shown on plans as specified herein.
To finish the surface of a roadbed, top of embankment or
bottom of excavation.
The act of moving earth. Changing of the earth surface by
excavation or fill.
Replenishment of existing natural underground water supplies.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but are not
limited to: roofs, additional indoor living spaces, patios, garages,
storage sheds, and similar structures, streets, sidewalks and vehicle
and pedestrian areas that are gravel and crushed stone. Any surface
area proposed to initially be gravel, crushed stone or paving shall
be assumed to be impervious. Pervious paving shall be considered as
an impervious surface for runoff management and storage calculations.
In addition, other areas determined by the Township Engineer to be
impervious within the meaning of this definition shall also be considered
as contributing to total impervious cover.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Physical additions and changes to the land, necessary to
produce usable and desirable lots.
A structure designed to direct runoff into the ground (e.g.,
French drains, seepage pits, seepage trench, bioinfiltration facilities,
etc.).
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, steep-sided
hills, underground drainage and caves. Karst is formed on carbonate
rocks such as limestone, dolomites, marble, and sometimes gypsum.
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 § 10503(1.1) of the
PA Municipalities Planning Code.
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any activity that causes an
alteration to the natural condition of the land.
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.
Professional engineers, landscape architects, geologists,
and land surveyors licensed to practice in the commonwealth.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property line of a lot or the
allocation of land, excluding space within any street right-of-way.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes 1) all mobile homes and 2) camping trailers, recreational
vehicles, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days.
A lot or area which is a planned development and designated
to contain two or more manufactured homes for rent or for sale. Any
lot or area proposed to utilize such design where individual manufactured
home sites are proposed for sale or lease shall be known as a manufactured
home subdivision.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
East Hanover Township, Lebanon County, Pennsylvania.
The national system for the issuance of permits under Section
402 of the Federal Clean Water Act (33 U.S.C.A. § 1342)
including a state or interstate program which has been approved in
whole or in part by the Environmental Protection Agency, including
the regulations codified in 25 Pa. Code Chapter 92a (relating to NPDES
permitting, monitoring and compliance) and as specified in 25 Pa.
Code Chapter 102.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Natural Resources Conservation Service (previously 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.
Point where water flows from a conduit, stream, or drain:
"point Source" as described in 40 CFR 122.2 at the point where the
municipality's sewer system discharges to surface waters of the commonwealth.
Points of water disposal from a stormwater conveyance system,
stream, river, lake, tidewater or artificial drain.
The Pennsylvania Department of Environmental Protection.
All contiguous land held in single and separate ownership,
regardless whether i) such land is divided into one or more lots,
parcels, purports or tracts; ii) such land was acquired by the landowner
at different times or by different deeds, devise, partition or otherwise;
or iii) such land is bisected by public or private streets or right-of-way,
which was held by the landowner or his predecessor in title on the
effective date of this chapter.
Involves the use of impervious or semi-impervious parking
areas as temporary impoundments with controlled release rates during
rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
Adopted as Act 247 of 1968, this act enables municipalities
to plan for, and regulate, community development with subdivision
and land development ordinances. The code also contains guidelines
for subdivision and land development ordinance content. For the purpose
of this chapter, the code is referred to as "Act 247" and is intended
to include the current code and any further amendments thereto.[1]
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
A complete and exact subdivision or land development plan
prepared for recording as required by statute, to define property
rights, proposed streets and other improvements; a final plat.
A tentative subdivision or land development plan showing
proposed street and lot layout as a basis for consideration prior
to preparation of a final plat. A preliminary plan shall include engineering
design for all required site improvements.
An informal plan, indicating existing features of a tract
and the surrounding area and outlining the general layout of a proposed
subdivision or land development.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The map or plan of a subdivision or land development, whether
preliminary or final.
The percentage, or event criteria of, the pre-development
peak rate of runoff from a site or subarea to which the post-development
peak rate of runoff must be reduced to protect downstream areas.
A pond containing a permanent pool of water designed and/or
constructed to store water runoff for a given storm event and release
it at a predetermined rate.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average of
once every 25 years.
The total width of any land reserved or dedicated for use
as street, alley, or for any public purpose.
A permanent vegetated area bordering surface waters, that
serves as a protective filter to help protect streams and wetlands
from impacts of adjacent land uses.
Any part of precipitation that flows over the land surface.
Soils or other erodible materials transported by stormwater
as a product of erosion.
An impoundment being used to remove sediment from runoff.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth.
The process by which mineral or organic matter is accumulated
or deposited by the movement of air or water.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel, and limited to a maximum of
100 feet for analysis purposes for post development calculations.
Physical additions or changes to the land that may be necessary
to provide usable and desirable lots, including, but not limited to,
utilities, streets, curbing, sidewalks, streetlights and stormwater
facilities.
A classification of soils by the Natural Resources Conservation
Service, formerly the Department of Environmental Protection, into
four runoff potential groups. The groups range from A soils, which
are very permeable and produce little runoff, to D soils, which are
not very permeable and produce much more runoff.
The proper placing, grading, constructing, reinforcing, lining
and covering of soil, rock or earth to ensure its resistance to erosion,
sliding or other movement.
A retention or detention structure.
The number of times that a given storm "event" occurs or
is exceeded on the average in a stated period of years. See "return
period."
A system of pipes, and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
Runoff from precipitation, snowmelt, surface runoff, or drainage.
The control of runoff to allow water falling on a given site
to be absorbed or retained on site to the extent that after development
the peak rate of discharge leaving the site does not exceed the allowable
rate based on conditions prior to development.
A system designed to handle stormwater runoff, and where
required, delay the peak discharge long enough to minimize the potential
for downstream flooding. 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 basins, wet
ponds, open channels, storm sewers, pipes, and infiltration facilities.
A plan for managing stormwater runoff on a watershed-wide
basis, in accordance with the guidelines of Act 167 of 1978, the Pennsylvania
Storm Water Management Act, 32 P.S. § 680.1 et seq.
A watercourse. A channel or conveyance of surface water having
defined bed and banks, whether natural or artificial, with perennial
or intermittent flow.
A collection of vegetative and/or mechanical means for stabilizing
stream banks to minimize, prevent or abate degradation.
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
A strip of land including the entire right-of-way used or
intended for use as a means of vehicular and pedestrian circulation,
whether public or private. The word "street" includes street, thoroughfare,
avenue, boulevard, court, expressway, highway, road, lane, and alley.
A strip of private land providing access to abutting properties
and not offered for dedication or accepted for municipal ownership
and maintenance.
A walled or roofed building, including a gas or liquid storage
tank (principally above ground), a manufactured home, or any other
man-made object usually assembled of interdependent parts or components
which is designed to have a more or less fixed location, whether or
not permanently attached at that location.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or land development.
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, 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 into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
An individual licensed and registered as a professional land
surveyor by the Commonwealth of Pennsylvania.
A low lying stretch of land which gathers or carries surface
water runoff. A watercourse without defined bed and banks.
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.
A general term that includes the characteristics of the ground
surface such as hills, plains, mountains, degree of relief, steepness
of slope and physiographic features. The configuration of a surface
area showing relative elevations.
Acceptable friable loam that is free of subsoil, clay lumps,
brush, roots, weeds, other objectionable vegetation, stones, other
foreign material larger than two inches in any dimension, litter,
and/or other material unsuitable or harmful to plant growth.
East Hanover Township, Lebanon County, Pennsylvania
The total volume of water runoff that is required to be collected
and treated for water quality control by direction to BMP facilities.
A channel or conveyance of surface water, having defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
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 the Commonwealth of Pennsylvania.
Region or area drained by a river, watercourse, or other
surface water, whether natural or artificial. Also synonymous with
"sub-watershed" and "drainage area" referring to local drainage area
of interest for site specific calculations.
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 and similar areas. (The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission. Wetlands include all lands regulated as wetlands
by PA Department of Environmental Protection or the U.S. Army Corps
of Engineers. In the event there is a conflict between the definitions
of these agencies, the more restrictive definition applies).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
