A.
For the purposes of this chapter, certain terms and words used herein
shall be interpreted as follows:
(1)
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.
(2)
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.
(3)
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
B.
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:
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.
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.
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.
See "Karst."
Cubic feet per second.
A natural or artificial open drainage feature that conveys,
continuously or periodically, flowing water and through which stormwater
flows. Channels include, but shall not be limited to, natural and
man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
Curve number.
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.
A natural or man-made, existing or proposed stormwater management
facility, feature or channel used for the transportation or transmission
of stormwater from one place to another. For the purposes of this
chapter, conveyance shall include pipes, drainage ditches, channels
and swales (vegetated and other), gutters, stream channels, and like
facilities or features.
The Pennsylvania Department of Environmental Protection.
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."
Capture and temporary storage of runoff in a stormwater management
facility for release at a controlled rate.
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 shortly after
any given rainfall event.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
A person who seeks to undertake any regulated activities
at a site in the municipality.
See "project site."
The outside bark diameter of a tree at breast height which
is defined as 4.5 feet (1.37 m) above the forest floor and/or ground
on the uphill side of the tree.
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
That land area contributing runoff to a single point (including
but not limited to the point/line of interest used for hydrologic
and hydraulic calculations) and that is enclosed by a natural or man-made
ridgeline.
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.
A right of use granted by a landowner to allow a grantee
the use of the designated portion of land for a specified purpose,
such as for stormwater management or other drainage purposes.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
A plan required by the Conservation District or the municipality
to minimize accelerated erosion and sedimentation, and that must be
prepared and approved per the applicable requirements.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
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 this commonwealth.
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).
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 presumed, 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 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 vertical distance between the design high-water elevation
and the elevation of 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.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) hydrologic runoff model.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
A structure which meets the following:
Is used for the production, processing, keeping, storing, sale
or shelter of an agricultural commodity as defined in Section 2 of
the Act of December 19, 1974 (P.L. 973, No. 319), known as the "Pennsylvania
Farmland and Forest Land Assessment Act of 1974,"[1] or for the storage of agricultural equipment or supplies;
and
Areas where prior or existing land use or activities can
potentially generate highly contaminated runoff with concentrations
of pollutants in excess of those typically found in stormwater.
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[2]).
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to: roofs; additional indoor living spaces, patios, garages, storage
sheds and similar structures; and any new streets or sidewalks. For
the purposes of determining compliance with this chapter, decks, pools,
and compacted soils or stone surfaces used for vehicle parking and
movement shall be considered impervious.
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 stormwater BMP designed to collect and discharge runoff
into the subsurface in a manner that allows infiltration into underlying
soils and groundwater (e.g., french drains, seepage pits, or seepage
trenches, etc.).
A defined channel in which surface water is absent during
a portion of the year, in response to seasonal variations in precipitation
or groundwater discharge.
The lowest surface, the floor or bottom of a culvert, pipe,
drain, sewer, channel, basin, BMP, or orifice.
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 Pennsylvania
Municipalities Planning Code[3] (as amended).
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 they
are authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
A Pennsylvania-registered professional engineer, registered
landscape architect, registered professional land surveyor, or registered
professional geologist, or any person licensed by the Pennsylvania
Department of State or qualified by law to perform the work required
by the chapter within the Commonwealth of Pennsylvania.
A soil horizon or condition in the soil profile or underlying
strata that includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by other subsurface
or soil conditions.
A rock with open joints, fracture or solution channels, or masses
of loose rock fragments, including gravel, with insufficient fine
soil to fill the voids between the fragments.
A rock formation, other stratum, or soil condition that is so
slowly permeable that it effectively limits downward passage of water.
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.
The action taken to restore or preserve the as-built functional
design of any stormwater management facility or system.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the municipality,
planning agency, or joint planning commission.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) which is all of the following:
Owned or operated by a state, city, town, borough, township,
county, district, association or other public body (created under
state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes;
Designed or used for collecting or conveying stormwater;
Not a combined sewer; and
Not part of a publicly owned treatment works as defined at 40
CFR 122.2.
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18) or designated as regulated under 40 CFR 122.26(a)(1)(v).
For the purposes of determining compliance with this chapter, all
municipal separate storm sewers shall be considered part of an MS4.
New Freedom Borough, York County, Pennsylvania.
Any regulated activity involving placement or construction
of new impervious surface or grading over existing pervious land areas
not classified as redevelopment as defined in this chapter.
National Oceanic and Atmospheric Administration.
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.
See "best management practice (BMP)."
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to DEP in Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
Pennsylvania Department of Environmental Protection.
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.
Pennsylvania Department of Transportation.
Document Number 363-0300-002 (December 2006, and as subsequently
amended).
Any area not defined as impervious.
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.[4]
Period after construction during which disturbed areas are
stabilized, stormwater controls are in place and functioning, and
all proposed improvements approved by the municipality are completed.
Ground cover conditions assumed to exist within the proposed
disturbed area prior to commencement of the regulated activity for
the purpose of calculating the predevelopment water quality volume,
infiltration volume, and peak flow rates as required in this chapter.
Techniques employed in stormwater BMPs to provide storage
or filtering, or other methods to trap or remove coarse materials
and other pollutants before they enter the stormwater system, but
may not necessarily be designed to meet the entire water quality volume
requirements of this chapter.
The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
All new additional and replacement impervious surfaces.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter. (See also "licensed professional.")
The depth of accumulated rainfall per unit of time.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Any regulated activity that involves demolition, removal,
reconstruction, or replacement of existing impervious surface(s).
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Proposed impervious surface as part of a current proposed
activity and all existing impervious surfaces installed after September
19, 2022, as part of previous activity.
The prevention of direct discharge of stormwater runoff into
surface waters or water bodies during or after a storm event by permanent
containment in a pond or depression; examples include systems which
discharge by percolation to groundwater, exfiltration, and/or evaporation
processes and which generally have residence times of less than three
days.
An impoundment that is designed to temporarily detain a certain
amount of stormwater from a catchment area and which may be designed
to permanently retain stormwater runoff from the catchment area; retention
basins always contain water.
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).
Pertaining to anything connected with or immediately adjacent
to the banks of a stream or other body of water.
A permanent area of trees and shrubs located adjacent to
streams, lakes, ponds and wetlands.
Any part of precipitation that flows over the land.
See Subdivision and Land Development Ordinance.[7]
Soil Conservation Service, now known as the Natural Resources
Conservation Service.
Soils or other materials transported by surface water as
a product of erosion.
See "municipal separate storm sewer" and "municipal separate
storm sewer system."
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
Total area of land in the municipality where any proposed
regulated activity, as defined in this chapter, is planned, conducted,
or maintained or that is otherwise impacted by the regulated activity.
A method of runoff computation developed by NRCS that is
based on relating soil type and land use/cover to a runoff parameter
called curve number (CN).
The current regulatory requirements to protect, maintain,
reclaim, and restore water quality under Title 25 of the Pennsylvania
Code and the Clean Streams Law.[8]
See "return period."
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
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.
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.
A natural watercourse.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[9]
The Subdivision and Land Development Ordinance of New Freedom
Borough, York County, Pennsylvania, as amended.[10] Also referred to as "SALDO."
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff, and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
Highest point of elevation of the bank of a stream or channel
cross section at which a rising water level just begins to flow out
of the channel and into the floodplain.
The United States Department of Agriculture.
The uppermost level of saturation of pore space or fractures
by groundwater. Seasonal high water table refers to a water table
that rises and falls with the seasons due either to natural or man-made
causes.
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 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 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.
Any land area of at least 0.25 acre with a natural or naturalized
ground cover (excluding manicured turf grass) and that has an average
density of two or more viable trees per 1,500 square feet with a DBH
of six inches or greater. The land area to be considered woods shall
be measured from the outer driplines of the outer trees.
[1]
Editor's Note: See 72 P.S. § 5490.1 et seq.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania
Code was reserved 10-8-2010, effective 10-9-2010. It was replaced
by Chapter 92a, National Pollutant Discharge Elimination System (NPDES)
Permitting, Monitoring and Compliance.
[5]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania
Code was reserved 10-8-2010, effective 10-9-2010. It was replaced
by Chapter 92a, National Pollutant Discharge Elimination System (NPDES)
Permitting, Monitoring and Compliance.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[8]
Editor's Note: See 35 P.S. § 691.1 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
