For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender, and words of feminine gender include masculine gender.
B. 
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
C. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
AGRICULTURAL ACTIVITY
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.
APPLICANT
A landowner, developer, or other person who has filed an application to Foster Township for approval to engage in any regulated activity at a project site in Foster Township.
BEST MANAGEMENT PRACTICE (BMP)
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.
CAPTURE
The process of collecting runoff to be managed by a stormwater BMP.
CONSERVATION DISTRICT
A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P. S. § 851(c)] that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code Chapter 102; refers to the Luzerne Conservation District unless otherwise noted.
DEP
The Pennsylvania Department of Environmental Protection.
DESIGN STORM
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. Also see "return period."
DETENTION VOLUME
The volume of runoff that is captured and released into the waters of this commonwealth at a controlled rate.
DEVELOPMENT, LAND
See "land development."
DEVELOPMENT, SITE
Any human-induced change to improved or unimproved real estate, whether public or private, including, but not limited to, land development, construction, installation, or expansion of a building or other structure, land division, street construction, drilling, and site alteration such as embankments, dredging, grubbing, grading, paving, parking or storage facilities, excavation, filling, stockpiling, or clearing.
DISCONNECTED IMPERVIOUS AREA (DIA)
An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a pervious area, which allows for infiltration, filtration, and increased time of concentration as specified in Appendix C.1, Disconnected Impervious Area.[1]
DISTURBED AREA
An unstabilized land area where an earth disturbance activity is occurring or has occurred.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including, but not limited to: grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. The clearing of vegetation without disturbance of the land shall not be considered an earth disturbance activity.
EROSION
The natural process by which the surface of the land is worn away by water, wind, or chemical action.
EXISTING CONDITION
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FEMA
Federal Emergency Management Agency.
FLOODPLAIN
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).
FLOODWAY
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.
FOREST MANAGEMENT/TIMBER OPERATIONS
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.
GEOTEXTILE
A porous fabric manufactured from synthetic fiber that is used to provide separation between different types of media (i.e., between soil and stone).
GRAVEL (CRUSHED STONE)
Considered to be impervious when the intended use of the stone is for transportation purposes, parking areas, construction areas, trails, or if the gravel is compacted at any time during or after its placement; landscaping stone is not considered as impervious area.
HOTSPOT
Areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants that are higher than those that are typically found in stormwater (e.g., vehicle salvage yards and recycling facilities, vehicle fueling stations, fleet storage areas, vehicle equipment and cleaning facilities, and vehicle service and maintenance facilities).
HYDROLOGIC SOIL GROUP (HSG)
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 (NRCS§ 192-37C and D).
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
A permanent surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, parking lots, driveways, roofs, and stone patios. See definition of "gravel (crushed stone)" for when gravel classifies as impervious area.
INFILTRATION
Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater.
KARST
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.
LAND DEVELOPMENT (DEVELOPMENT)
See definition of "land development" as defined in Chapter 210, Subdivision and Land Development, of the Code of the Township of Foster.
LOW-IMPACT DEVELOPMENT
A land development and construction approach that uses various land planning, design practices, and technologies to simultaneously conserve and protect natural resource systems while allowing for necessary infrastructure improvements associated with land development.
MUNICIPALITY
Foster Township, Luzerne County, Pennsylvania.
NRCS
United States Department of Agriculture's Natural Resources Conservation Service (previously SCS).
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm event.
PERMANENT
Existing or intended to exist for an indefinite period of time. For purposes of this chapter, any structure is considered a permanent structure if the structure is intended to exist for a time period of 180 days or longer.
PERVIOUS AREA
Any area not defined as impervious.
PROJECT SITE
The specific area of land where any regulated activities in Foster Township are planned, conducted, or maintained.
QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this chapter.
REDEVELOPMENT
Any development that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. Maintenance activities such as top-layer grinding and repaving are not considered to be redevelopment unless the resurfacing results in a discernible change in the existing stormwater runoff discharge point. Interior remodeling projects and tenant improvements are also not considered to be redevelopment.
REGULATED ACTIVITIES
Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff. The installation of a new stormwater management facility shall be considered a regulated activity of this chapter regardless of the amount of earth disturbance associated with the installation of the facility. See § 192-5 of this chapter for additional detail on regulated activities.
REGULATED EARTH DISTURBANCE ACTIVITY
Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92,[2] 25 Pa. Code Chapter 102, or the Clean Streams Law.[3]
RETENTION VOLUME/REMOVED RUNOFF
The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event.
RETURN PERIOD
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).
RUNOFF
Any part of precipitation that flows over the land.
SEDIMENT
Soils or other materials transported by surface water as a product of erosion.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[4]
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snowmelt or ice melt.
STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES
Is abbreviated as BMPs or SWM BMPs throughout this chapter.
STORMWATER MANAGEMENT FACILITY
Any permanent 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, french drains, underground on-lot seepage pits (dry wells), roof drains, sump pump discharge piping, foundation drains, and infiltration facilities.
STORMWATER MANAGEMENT PLAN
The Luzerne County Stormwater Management Plan for managing stormwater runoff adopted by the County of Luzerne as required by the Act of October 4, 1978, P.L. 864 (Act 167), as amended, and known as the "Storm Water Management Act."[5]
STORMWATER MANAGEMENT SITE PLAN
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.
STRUCTURE
Any man-made object constructed or erected and having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247.[6]
USDA
United States Department of Agriculture.
VOID RATIO
The ratio of the volume of void space to the total volume of the BMP material (void space plus solid material/media providing structural support to create the storage area).
WATERS OF THIS COMMONWEALTH
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.
WATERSHED
Region or area drained by a river, watercourse, or other surface water of this commonwealth.
WETLAND
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
[1]
Editor's Note: Appendix C.1 is included as an attachment to this chapter.
[2]
Editor's Note: Former 25 Pa. Code Ch. 92 was repealed effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
[5]
Editor's Note: See 32 P.S. § 680.1 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.