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 word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation unit of government or any
other similar entity.
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, occupied or maintained."
These definitions do not necessarily reflect the definitions
contained in pertinent regulations or statutes and are intended for
this chapter only. As used in this chapter, the following terms shall
have the meanings indicated.
The removal of the surface of the land through the combined
action of man's activity and the natural processes of a rate
greater than would occur because of the natural process alone.
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.
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 as the result of changing the land cover,
including the water, vegetation, and bare soil.
A landowner, developer, or other person who has filed an
application to the municipality for approval to engage in any regulated
activity at a project site in the municipality.
Engineering or site drawings maintained by the contractor
as he constructs the project and upon which he documents the actual
locations of the building components and changes to the original contract
documents. These documents, or a copy of same, are turned over to
the qualified professional at the completion of the project.
The channel at the top-of-bank or point from where water
begins to overflow onto a floodplain.
Portion of stream discharge derived from groundwater; the
sustained discharge that does not result from direct runoff or from
water diversions, reservoir releases, piped discharges, or other human
activities.
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.
A stormwater retention area that utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
The area of land immediately adjacent to any stream, measured
perpendicular to and horizontally from the top-of-bank on both sides
of a stream (see "top-of-bank").
An open drainage feature through which stormwater flows.
Channels include, but shall not be limited to, natural and man-made
watercourses, swales, streams, ditches, canals, and pipes that convey
continuously or periodically flowing water.
An underground reservoir or tank for storing rainwater.
The Monroe County Conservation District.
A structure with its appurtenant works, which carries water
under or through an embankment or fill.
Value used in the Soil Cover Complex Method. It is a measure
of the percentage of precipitation which is expected to run off from
the watershed and is a function of the soil, vegetative cover, and
tillage method.
A man-made barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid. A dam may include a refuse bank, fill, or structure
for highway, railroad or other purposes which impounds or may impound
water or another fluid or semifluid.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Environmental Protection (PADEP).
A Pennsylvania registered professional engineer, registered
landscape architect or registered professional land surveyor trained
to develop stormwater management plans.
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."
The agent of the Monroe County, Monroe County Conservation
District, and/or agent of the governing body involved with the administration,
review, or enforcement of any provisions of this chapter by contract
or memorandum of understanding.
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely soon after
a rainfall event and become dry until the next rainfall event.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
A person that seeks to undertake a land development or subdivision.
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.
As used in this chapter, "development" encompasses both new development
and redevelopment.
The specific tract or parcel of land where any regulated
activity in the municipality is planned, conducted, or maintained.
Drainage discharge that is not confined to a single point
location or channel, including sheet flow or shallow concentrated
flow.
The point of discharge for a stormwater facility.
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 F,[1] disconnected impervious area.
Unstabilized land area where an earth-disturbance activity
is occurring or has occurred.
A man-made waterway constructed for irrigation or stormwater
conveyance purposes.
A stormwater management facility designed to transport stormwater
runoff that includes channels, swales, pipes, conduits, culverts,
and storm sewers.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A permit issued by the municipality after the SWM site plan
has been approved.
A construction or other human activity that disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, building construction, mineral extraction, and the moving,
depositing, stockpiling, or storing of soil, rock, or earth materials.
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
A structure or activity that changes, expands, or diminishes
the course, current or cross section of a watercourse, floodway, or
body of water.
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
A site-specific plan identifying BMPs to minimize accelerated
erosion and sedimentation. For agricultural plowing or tilling activities,
the erosion and sediment control plan is that portion of a conservation
plan identifying BMPs to minimize accelerated erosion and sedimentation.
Surface waters of high quality which satisfy Pennsylvania
Code Title 25, Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to antidegradation).
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
Undisturbed surface area or depression where stormwater collects
and a portion of which infiltrates and replenishes the groundwater.
A base map which identifies fundamental environmental site
information, including floodplains, wetlands, topography, vegetative
site features, natural areas, prime agricultural land, and areas supportive
of endangered species.
Federal Emergency Management Agency.
A temporary condition of partial or complete inundation of
land areas from the overflow of streams, rivers, and other waters
of the commonwealth.
Any land area susceptible to inundation by water from any
natural source or as 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).
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the 100-year
flood without cumulatively increasing the water surface elevation
more than one foot. 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 watercourse to
50 feet from the top of the bank of the watercourse.
Planning and associated activities necessary for the management
of forestland. These include timber inventory, preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation,
and reforestation.
A vertical distance between the elevation of the design high
water and the top of a dam, levee, tank, basin, swale, or diversion
berm. The space is required as a safety margin in a pond or basin.
The Board of Supervisors of the Township of Middle Smithfield.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Water beneath the earth's surface that supplies wells
and springs and is often between saturated soil and rock.
The replenishment of existing natural underground water supplies
from rain or overland flow.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (Hec) - Hydrologic Modeling System (HMS). This model was used
to model the Brodhead/McMichaels Creek watershed during the Act 167
plan development and was the basis for the standards and criteria
of this chapter.
Surface waters having quality which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pennsylvania Code Title 25, Environmental
Protection, Chapter 93, Water Quality Standards, § 93.4b(a).
An area where land use or activity generates highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Typical pollutant loadings in stormwater may be found in Chapter 8, Section 6, of the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (PADEP) No. 363-0300-002 (2006). More information concerning hot spots may be found in § 160-15.
A graph representing the discharge of water versus time for
a selected point in the drainage system.
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, baseflow, storage, and groundwater supplies
under natural conditions.
A classification of soils by the Natural Resources Conservation
Service (NRCS), formerly the Soil 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. The soils in the area
of the development site may be identified from a soil survey report
that can be obtained from the local NRCS offices or conservation district
office.
A surface that does not absorb water or prevents the infiltration
of water into the ground. All buildings, roofs, parking areas, driveways,
roads, sidewalks, and any areas in concrete, asphalt, and packed stone
shall be considered impervious surfaces. In addition, other areas
determined by the Municipal Engineer to be impervious within the meaning
of this definition will also be impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Development that occurs on smaller parcels that remain undeveloped
but are within or very close proximity to urban or densely developed
areas. Infill development usually relies on existing infrastructure
and does not require an extension of water, sewer, or other public
utilities.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolated downward
to recharge groundwater.
A structure designed to direct runoff into the underground
water (e.g., french drains, seepage pits, or seepage trenches).
The value used to calculate the volume or peak rate of runoff
in the Soil Cover Complex Method. It represents the depth of rain
retained on vegetation plus the depth of rain stored on the soil surface
plus the depth of rain infiltrated prior to the start of runoff.
The upstream end of any structure through which water may
flow.
A stream that flows only part of the time. Flow generally
occurs for several weeks or months in response to seasonal precipitation
or groundwater discharge.
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.
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 Pa. Municipalities
Planning Code.
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.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on-site.
Any stream segment or other runoff conveyance used as a reach
in the Brodhead/McMichaels Creek hydrologic model.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Middle Smithfield Township, Monroe County, Pennsylvania.
See "hydrologic regime."
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act,[2] which is delegated to PADEP in Pennsylvania.
USDA Natural Resource Conservation Service (previously Soil
Conservation Service).
"Point source" as described in 40 CFR 122.2 at the point
where the municipality's storm sewer system discharges to surface
waters of the commonwealth.
Points of water disposal to a stream, river, lake, tidewater,
or artificial drain.
The parcel of land from which a land development or subdivision
originates, determined from the date of municipal adoption of this
chapter.
The maximum rate of stormwater runoff from a specific storm
event.
The computer-based hydrologic model developed at the Pennsylvania
State University.
A stream which contains water at all times except during
extreme drought.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of Middle Smithfield Township.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.1.
Period after construction during which disturbed areas are
stabilized, stormwater controls are in place and functioning and all
proposed improvements in the approved land development plan are completed.
See "existing condition."
Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily designed to meet the volume requirements of § 160-16.
The specific tract or parcel of land where any regulated
activity in the municipality is planned, conducted, or maintained.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
A rainfall-runoff relation used to estimate peak flow.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Original documents revised to suit the as-built conditions
and subsequently provided by the engineer to the client. The engineer
reviews the contractor's as-built drawings against his/her own
records for completeness, then either turns these over to the client
or transfers the information to a set of reproducibles, in both cases
for the client's permanent records. Record drawings are not the
same as record plans submitted for recording with the county in accordance
with the Pa. Municipalities Planning Code (Act 247).
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. Interior remodeling
projects and tenant improvements are also not considered to be redevelopment.
Utility trenches in streets are not considered redevelopment unless
more than 50% of the street width including shoulders is removed and
repaved.
Any earth-disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
The percentage of existing conditions peak rate of runoff
from a site or subarea to which the proposed conditions peak rate
of runoff must be reduced to protect downstream areas.
Replacement of the impervious surface that does not involve
reconstruction of an existing paved (impervious) surface.
Reconstruction of and full replacement of an existing paved
(impervious) surface.
A structure in which stormwater is stored and not released
during the storm event. Retention basins are designed for infiltration
purposes, and do not have an outlet. The retention basin must infiltrate
stored water in four days or less.
The volume of runoff that is captured and not released directly
into the surface waters of the commonwealth during or after a storm
event.
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).
Any area with qualifying vegetation in the 100-year floodplain
and a minimum of 35 feet from the streambank.
Earth-disturbance activities within the existing road cross
section, such as grading and repairing existing unpaved road surfaces,
cutting road banks, cleaning or clearing drainage ditches, and other
similar activities.
A drainage conduit or pipe that collects water runoff from
a roof and leads it away from the structure.
Any part of precipitation that flows over the land surface.
Subdivision and Land Development Ordinance.[4]
Soils or other materials transported by surface water as
a product of erosion.
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 water or air.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the underground water. More information on seepage pits may be
found in the PA BMP Manual, December 2006, Chapter 6, Section 4, or
the latest edition, chapter, and section.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.
Stormwater runoff flowing in shallow, defined ruts prior
to entering a defined channel or waterway.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called "curve number" (CN).
The zone through which contaminants, if present, are likely
to migrate and reach a drinking water well or surface water intake.
Watersheds that have been designated in Pennsylvania Code
Title 25, Environmental Protection, Chapter 93, Water Quality Standards,
as exceptional-value (EV) or high-quality (HQ) waters.
A conveyance that is used to pass the peak discharge of the
maximum design storm that is controlled by the stormwater facility.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[5]
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.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
"BMPs" or "SWM BMPs" throughout this chapter.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration structures.
The plan for managing stormwater runoff adopted by Monroe
County for the Brodhead/McMichaels Watershed as required by the Act
of October 4, 1978, P.L. 864 (Act 167), as amended, and known as the
"Brodhead/McMichaels Watershed Act 167 stormwater management plan."
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this chapter.
A flow of water in a natural channel or bed, as a brook,
rivulet, or a small river.
The land area adjacent to each side of a stream, essential
to maintaining water quality. (See "buffer.")
A bridge, culvert, or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of the commonwealth.
The widening, deepening, or headward cutting of channels
and waterways, caused by stormwater runoff or bankfull flows.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
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 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.
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 waters, or parts thereof, whether natural or artificial, within
or on the boundaries of the commonwealth.
A low-lying stretch of land that gathers or carries surface
water runoff.
The documentation of the stormwater management system to be used for a given development site, the contents of which are established in § 160-24.
See "forest management."
The time required 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.
Highest point of elevation in a stream channel cross section
at which a rising water level just begins to flow out of the channel
and over the floodplain.
United States Department of Agriculture.
A natural or man-made waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to convey surface water.
Seasonal depressional wetlands that are covered by shallow
water for variable periods from winter to spring but may be completely
dry for most of the summer and fall.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
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 water 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 the commonwealth, whether natural or artificial.
Pond for urban runoff management that is designed to detain
urban runoff and always contains water.
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, fens, and similar areas.
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
[2]
Editor's Note: See 33 U.S.C.A. § 1251 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
