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 those of feminine gender and vice-versa.
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 word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity and the members of such partnership or association and the officers of such corporation.
D. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
E. 
The words "used or occupied" include the words "intended, designed, maintained, or arranged to be used or occupied."
As used in this Part 1, the following terms shall have the meanings indicated:
ACCELERATED EROSION
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.
ACT 167 PLAN
The Plan for managing stormwater runoff in the Conestoga River Watershed adopted by Berks County, as required by the Storm Water Management Act,[1] and known as the "Conestoga River Watershed Act 167 Stormwater Management Plan."
AGRICULTURAL ACTIVITIES
The work of producing crops and raising livestock including tillage, plowing, discing, harrowing, pasturing and installation of conservation measures. Construction of new buildings or impervious areas is not considered an agricultural activity.
ALTERATION
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; also the changing of surface conditions by causing the surface to be more or less impervious; land disturbance.
APPLICANT
A landowner or developer who has filed an application for approval to engage in any regulated activities as defined in § 410-4 of this Part 1.
BEST MANAGEMENT PRACTICE (BMP)
Any program technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
CARBONATE GEOLOGY
Limestone or dolomite bedrock.
CHAPTER 102
Chapter 102 of the regulations of PADEP, 25 Pa. Code § 102.1 et seq.
CHAPTER 105
Chapter 105 of the regulations of PADEP, 25 Pa. Code § 105.1 et seq.
CHAPTER 106
Chapter 106 of the regulations of PADEP, 25 Pa. Code § 106.1 et seq.
CISTERN
An underground reservoir or tank for storing rainwater.
CONSERVATION DISTRICT
The Berks County Conservation District.
CONVEYANCE
The ability of a pipe, culvert, swale or similar facility to carry the peak flow from the design storm.
CULVERT
A structure with appurtenant works which carries a stream under or through an embankment or fill.
DAM
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 purpose which does or may impound water or another fluid or semifluid. The dam falls under the requirements of 25 Pa. Code Chapter 105, Dam Safety and Waterway Management, if the following is true:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The contributory drainage area exceeds 100 acres.
B. 
The greatest depth of water measured by upstream toe of the dam at maximum storage elevation exceeds 15 feet.
C. 
The impounding capacity at maximum storage elevation exceeds 50 acre-feet.
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.
DESIGNEE
The agent of a municipal governing body involved with the administration, review or enforcement of any provisions of this Part 1 by contract or memorandum of understanding.
DETENTION BASIN
An impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. In order not to fall under the requirements of 25 Pa. Code Chapter 105, Dam Safety and Waterway Management, the following must be true:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The contributory drainage area may not exceed 100 acres.
B. 
The greatest depth of water measured by upstream toe of the dam at maximum storage elevation may not exceed 15 feet.
C. 
The impounding capacity at maximum storage elevation may not exceed 50 acre-feet.
DEVELOPER
A person that undertakes any regulated activity of this Part 1.
DEVELOPMENT SITE
The parent tract for which a regulated activity is proposed.
DISAPPEARING STREAM
A stream in an area underlain by limestone or dolomite which flows underground for a portion of its length.
DOWNSLOPE PROPERTY LINE
That portion of a property line of a parent tract located at the topographically lowest point of the tract such that some or all overland, swale, or pipe flow from a development site would be directed toward it.
DRAINAGE CONVEYANCE FACILITY
A stormwater management facility designed to transmit stormwater runoff and shall include streams, channels, swales, pipes, conduits, storm sewers, etc.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRAINAGE PERMIT
A permit issued by the municipal governing body after the stormwater management site plan has been approved. Said permit is issued prior to or with the final municipal approval.
EARTH DISTURBANCE
Any activity, including, but not limited to, construction, mining, timber harvesting and grubbing which alters, disturbs, and exposes the existing land surface.
EPHEMERAL STREAM
A transient stream; one that flows for a relatively short time.
EROSION
The movement of soil particles by the action of water, wind, ice, or other natural forces.
EROSION AND SEDIMENT POLLUTION CONTROL PLAN
A plan which is designed to minimize accelerated erosion and sedimentation.
EXISTING CONDITIONS
The initial condition of a development site prior to the proposed construction.
FEMA
The Federal Emergency Management Agency.
FLOOD
A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, and other waters of this commonwealth.
FLOOD PLAIN MANAGEMENT ACT
Act of October 4, 1978, P.L. 851, No. 166, as amended, 32 P.S. § 679.101 et seq., and as may be amended in the future.
FLOODPLAIN
Any land area susceptible to inundation by water from any natural source or delineated by applicable Department of Housing and Urban Development, Federal Insurance and Mitigation Administration Flood Hazard Boundary Maps as being a special flood hazard area. Also, the area of inundation which functions as a storage or holding area for floodwater to a width required to contain a base flood of which there is a 1% chance of occurrence in any given year. The floodplain contains both the floodway and the flood fringe.
FLOODWAY
The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency 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 frequency 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 OR TIMBER OPERATIONS
Planning and activities necessary for the management of forest land. These include timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation.
FREEBOARD
A vertical distance between the maximum design high-water elevation and the top of a dam, levee, tank, basin, or diversion ridge.
GRADE
A. 
A slope, usually of a road, channel or natural ground, specified in percent and shown on plans as specified herein.
B. 
(To) grade: To finish the surface of a roadbed, top of embankment or bottom of excavation.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from cropland.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
HYDROLOGIC SOIL GROUP (HSG)
A classification of soils by the Natural Resource Conservation Service 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.
IMPERVIOUS SURFACE
Impervious surfaces are those surfaces which do not absorb water. All structures, buildings, parking areas, driveways, roads, sidewalks and any areas of concrete, asphalt or packed stone shall be considered impervious surface. In addition, all other areas as determined by the Municipal Engineer to be impervious within the meaning of this definition shall also be considered impervious surface.
IMPOUNDMENT
A retention or detention basin 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).
INFILTRATION STRUCTURES
A structure designed to direct runoff into the ground (e.g., french drains, seepage pits, seepage trench).
INLET
A surface connection to a closed drain. The upstream end of any structure through which water may flow.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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
(2) 
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.
B. 
A subdivision of land.
C. 
Development in accordance with Section 503(1.1) of the MPC.[2]
LAND DISTURBANCE
Any activity involving grading, tilling, digging, or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land.
LANDOWNER
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.
LINEAMENT
A fracture on the order of tens of kilometers long usually extending to the basement below sedimentary rock.
MAIN STEM or MAIN CHANNEL
Any stream segment or other runoff conveyance facility used as a reach in the Conestoga River hydrologic model.
MANNING EQUATION or MANNING FORMULA
A method 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. Open channels may include closed conduits so long as the flow is not under pressure.
MPC
The Pennsylvania Municipalities Planning Code, Act of July 1, 1967, P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101 et seq., and as may be amended in the future.
MUNICIPALITY
Caernarvon Township, Berks County, Pennsylvania.
NATURAL DRAINAGEWAY
An existing channel for water runoff that was formed by natural forces.
NONPOINT SOURCE POLLUTION
Pollution that enters a body of water from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.
NPDES
The U.S. EPA's National Pollution Discharge Elimination System, which regulates point discharges (discrete conveyances such as pipes or man-made ditches).
NRCS
Natural Resources Conservation Service (previously SCS).
OPEN CHANNEL
A drainage element in which stormwater flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainage ways, swales, streams, ditches, canals, and pipes flowing partly full.
OUTFALL
Point where water flows from a conduit, stream, or drain.
OUTLET
Points of water disposal from a stream, river, lake, tidewater or artificial drain.
PADEP
The Pennsylvania Department of Environmental Protection, former entity the Pennsylvania Department of Environmental Resources, or any agency successor to the Pennsylvania Department of Environmental Protection.
PENNDOT
The Pennsylvania Department of Transportation or any agency successor thereto.
PARENT TRACT
All contiguous land held in single and separate ownership, regardless of whether:
A. 
Such land is divided into one or more lots, parcels, purparts or tracts;
B. 
Such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or
C. 
Such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on the effective date of this Part 1.
PARKING LOT STORAGE
Involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm event.
PIPE
A culvert, closed conduit, or similar structure (including appurtenances) that conveys stormwater.
PLAN
The stormwater management and erosion and sediment pollution control plans and narratives.
PLANNING COMMISSION
The Planning Commission of Caernarvon Township, Berks County, Pennsylvania.
PROBABLE MAXIMUM FLOOD (PMF)
The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation (PMP) as determined on the basis of data obtained from the National Oceanographic and Atmospheric Administration (NOAA).
RATIONAL FORMULA or RATIONAL METHOD
A rainfall-runoff relation used to estimate peak flow.
RECORD PLAN
Where a regulated activity constitutes a subdivision or land development, the final subdivision or land development plan which contains the information required by Chapter 425, Subdivision and Land Development. Where a regulated activity does not constitute a subdivision or land development, a stormwater management site plan containing all required information and prepared in a form acceptable to the Office of the Recorder of Deeds for recording.
REGULATED ACTIVITIES
Any activity to which this Part 1 is applicable pursuant to § 410-4 of this Part 1.
RETENTION BASIN
A reservoir designed to retain stormwater runoff with its primary release of water being through the infiltration of said water into the ground.
RETURN PERIOD
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 once every 25 years.
RISER
A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.
ROOFTOP DETENTION
Temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs.
RUNOFF
Any part of precipitation that flows over the land surface.
SCS
U.S. Department of Agriculture, Soil Conservation Service (now known as NRCS).
SEDIMENT BASIN
A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.
SEDIMENT POLLUTION
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 Part 1.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by the movement of water.
SEEPAGE PIT or SEEPAGE TRENCH
An area of excavated earth, filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the ground.
SHEET FLOW
Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel.
SOIL COVER COMPLEX METHOD
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).
SPILLWAY
A depression in the embankment of a pond or basin which is used to pass a post-development 100-year storm peak flow rate.
STORAGE INDICATION METHOD
A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage) with "outflow" defined as a function of storage volume and depth.
STORM FREQUENCY
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."
STORM SEWER
A system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources, but excludes domestic sewage and industrial wastes.
STORMWATER
The total amount of precipitation reaching the ground surface.
STORM WATER MANAGEMENT ACT
Act of October 4, 1978, P.L. 864, No. 167, as amended 32 P.S. § 680.1 et seq., and as may be amended in the future.
STORMWATER MANAGEMENT FACILITY
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, watercourses, road gutters, swales, storm sewers, pipes, and infiltration structures.
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at a particular development site according to this Part 1. The contents of a stormwater management site plan are established in § 410-17.
STREAM ENCLOSURE
A bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this commonwealth.
SUBDIVISION
The division or redivision 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.
SUBWATERSHED AREA
The smallest drainage unit of a watershed for which stormwater management criteria have been established in the Act 167 Plan.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TIMBER OPERATIONS
See "forest management or timber operations."
TIME OF CONCENTRATION (TC)
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.
TR-20 (CALIBRATED)
The computer-based hydrologic modeling technique adapted to the appropriate watershed for the Act 167 Plan. The model has been calibrated to reflect published and observed flow values by adjusting key model input parameters.
WATERCOURSE
Any channel or conveyance of surface waters having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, 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
The entire region or area drained by a watercourse.
WETLAND
Those 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, ferns, and similar areas.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 53 P.S. § 10503(1.1).