As used in this chapter, the following terms shall have the
following meanings:
Act of October 4, 1978, P.L. 864, (Act 167), as amended,
and known as the "Storm Water Management Act."[1]
Activities associated with agriculture, such as, but not
limited to, agricultural cultivation, agricultural operations, 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.
A landowner, developer, or other person who has filed an
application to the Borough for approval to engage in any regulated
activity at a project site in the Borough.
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.
The Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
The Borough of Jacobus, York County, Pennsylvania.
Any stormwater management facility, including but not limited
to detention or retention basins, which is designed to serve a community,
a subdivision consisting of more than one lot or tract, or a land
development project that serves more than one entity or end user within
the boundaries of the land development project.
The York County Conservation District, which district is
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.
York County, Pennsylvania.
An impoundment structure regulated by the Pennsylvania DEP promulgated under 25 Pa. Code Chapter 105.
The Pennsylvania Department of Environmental Protection,
or any successor commonwealth agency.
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."
An agent of the Borough appointed by the governing body for
the purpose of administration, review or enforcement of any provisions
of this chapter.
A structure designed to retard stormwater runoff by temporarily
storing and releasing the runoff at a predetermined rate.
The volume of runoff that is captured and released into the
waters of this commonwealth at a controlled rate.
Any person, partnership, association, corporation or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity.
See "project site."
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 B, Disconnected
Impervious Area, of this chapter.[2]
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
DEP's Erosion and Sediment Pollution Control Manual,
as amended and updated.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
An impervious or impermeable surface that is disconnected
from any stormwater management facility or drainage conveyance facility
and is redirected or directed to a stormwater management BMP facility
as approved by the Borough, but does not meet the requirements of
a disconnected impervious area (DIA). Equivalent DIAs shall be permitted
only for regulated activities of less than 5,000 square feet. Examples
of SWM BMPs that may be used in conjunction with equivalent DIAs are
represented in the stormwater permit application.
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 drawings, calculations,
and a narrative that identifies BMPs to minimize accelerated erosion
and sedimentation before, during and after earth disturbance activity.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The Federal Emergency Management Agency.
Any land area susceptible to inundation by water from any
natural source as delineated by applicable FEMA maps and studies as
being a special flood hazard area.
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.
Planning and activities necessary for the management of forest
land. 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.
The Jacobus Borough Council.
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 3, 4).
Any physical connection to a separate stormwater drainage
system that conveys illicit discharges into the Borough's stormwater
management system and/or is not authorized or permitted by the Borough.
Any discharge (or seepage) to a municipal separate storm
sewer that is not composed entirely of stormwater. This does not refer
to discharges authorized under an NPDES permit (other than the NPDES
permit for discharges from the regulated small MS4); certain allowable
nonstormwater discharges described in the EPA regulations, NPDES MS4
permit or the MS4's ordinance; and discharges resulting from
firefighting activities. Examples of illicit discharges include dumping
of motor vehicle fluids, household hazardous wastes, grass clippings,
leaf litter, animal wastes, or unauthorized discharges of sewage,
industrial waste, restaurant wastes, or any other nonstormwater waste
into a separate stormwater drainage system. Illicit discharges can
be accidental or intentional.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas shall include, but not be limited
to, roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, and any new streets and sidewalks. However,
any surface or area designed, constructed and maintained to permit
infiltration as specified herein shall be considered pervious, not
impervious. For the purposes of this chapter, a surface or area shall
not be considered impervious if such surface or area does not diminish
the capacity for infiltration of stormwater for storms up to, and
including, a two-year, twenty-four-hour storm event.
The entrance of surface water into the soil, usually at the
soil-air interface.
The York County Integrated Water Resources Plan, which plan
includes Act 167 plan elements and requirements, and as may be amended
in the future.
A type of geology or landscape characterized by surface depressions,
sinkholes, rock pinnacles/uneven bedrock surface, underground drainage,
and caves. Karst landscapes are formed on carbonate rocks, such as
limestone or dolomite.
Includes 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 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 Pennsylvania
Municipalities Planning Code.[3]
The National Pollution Discharge Elimination System, as referenced
in the federal Clean Water Act,[4] as may be amended.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously SCS), and any successor agency.
Operation and maintenance.
Operation and maintenance plan.
Post-construction stormwater management plan.
The maximum rate of stormwater runoff from a specific storm
event.
The downward movement, under the influence of gravity, of
water under hydrostatic pressure through interstices of the soil or
rock.
An individual, partnership, public or private association,
limited-liability company, corporation, firm, trust, estate, homeowners'
association, condominium unit owners' association, borough, governmental
unit, public utility, or any other legal entitiy. "Person," when used
herein, shall also include the successors, heirs and assigns of such
person, the members of a partnership, the officers, agents and servants
of a corporation or limited-liability company and the officers of
a local government unit.
Any area not defined as impervious.
Any stormwater management facility, including but not limited
to stormwater drainage pits, which is not part of the Borough's
stormwater management infrastructure.
The specific area of land where any regulated activities
in the Borough are planned, conducted, or maintained. Areas of the
same tract within 500 feet of the proposed impervious surface shall
be considered part of the project site. In the event new impervious
surface is proposed within an easement or right-of-way, the project
site shall be considered to include all areas within the easement
or right-of-way that are within 500 feet of the proposed impervious
surface.
Any person licensed by the State of Pennsylvania or otherwise
qualified by law to perform the work required by this chapter, which,
under certain circumstances, may include the landowner.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102, or the Clean
Streams Law.[5]
An impoundment in which stormwater is stored and not released
during a storm event. Stored water may be released from the basin
at some time after the end of a storm.
The volume of runoff that is captured and not released directly
into the surface waters of this 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.
A best management practice that is an area of permanent vegetation
along surface waters. (Such areas serve as natural vegetative filters
between upland landscapes and waterways.)
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
Water flow with a relatively thin and uniform depth across
the flow width.
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond or basin.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[6]
The number of times that a given storm event occurs on average
in a stated period of years.
A pipe or conduit, or a system of pipes or conduits, which
intercepts and carries surface stormwater runoff, but excludes sewage,
industrial wastes and similar discharges.
Drainage runoff from the surface of the land resulting from
a precipitation event, including snow or ice melt.
Abbreviated as "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. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration facilities.
Parts and/or elements of the York County Integrated Water
Resources Plan which incorporate the requirements of the Act of October
4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm
Water Management Act."[7]
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. The stormwater management site
plan will be designated as "SWM site plan" throughout this chapter.
For all NPDES permitted sites, the stormwater management site plan
shall include, and be consistent with, the erosion and sediment control
plan as submitted to the York County Conservation District (YCCD)
and/or DEP.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or 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.
Stormwater management.
United States Department of Agriculture.
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.
Region or area drained by a river, watercourse, or other
surface water of this commonwealth.
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.
York County Conservation District.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: Appendix B is included as an attachment
to this chapter.
[3]
Editor's Note: See 53 P.S. § 10503.
[4]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 32 P.S. § 680.1 et seq.
