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:
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 the municipality for approval to engage in any regulated activity at a project site in the municipality.
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.
CARBONATE GEOLOGY (or CARBONATE ROCK FORMATIONS)
See "Karst."
CFS
Cubic feet per second.
CHANNEL
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.
CN
Curve number.
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.
CONVEYANCE
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.
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 (or TO DETAIN)
Capture and temporary storage of runoff in a stormwater management facility for release at a controlled rate.
DETENTION BASIN
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.
DETENTION VOLUME
The volume of runoff that is captured and released into the waters of the commonwealth at a controlled rate.
DEVELOPER
A person who seeks to undertake any regulated activities at a site in the municipality.
DEVELOPMENT SITE (SITE)
See "project site."
DIAMETER AT BREAST HEIGHT (DBH)
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.
DISTURBED AREA
An unstabilized land area where an earth disturbance activity is occurring or has occurred.
DRAINAGE AREA
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.
EARTH DISTURBANCE (or EARTH DISTURBANCE ACTIVITY)
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.
EASEMENT
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.
EROSION
The natural process by which the surface of the land is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
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.
EXISTING CONDITION
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FEMA
Federal Emergency Management Agency.
FLOOD
A temporary condition of partial or complete inundation of land areas from the overflow of streams, rivers, and other waters of this commonwealth.
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 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.
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.
FREEBOARD
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.
GREEN INFRASTRUCTURE
Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.
HEC-1
The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC) hydrologic runoff model.
HEC-HMS
The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC) - Hydrologic Modeling System (HMS).
HIGH TUNNEL
A structure which meets the following:
A. 
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
B. 
Is constructed with all the following:
(1) 
Has a metal, wood or plastic frame;
(2) 
When covered, has a plastic, woven textile or other flexible covering; and
(3) 
Has a floor made of soil, crushed stone, matting, pavers or a floating concrete slab.
HOTSPOTS
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.
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[2]).
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
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.
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.
INFILTRATION FACILITY
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.).
INTERMITTENT STREAM
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.
INVERT
The lowest surface, the floor or bottom of a culvert, pipe, drain, sewer, channel, basin, BMP, or orifice.
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)
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 Pennsylvania Municipalities Planning Code[3] (as amended).
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 they are authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LICENSED PROFESSIONAL
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.
LIMITING ZONE
A soil horizon or condition in the soil profile or underlying strata that includes one of the following:
A. 
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.
B. 
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.
C. 
A rock formation, other stratum, or soil condition that is so slowly permeable that it effectively limits downward passage of water.
LOW-IMPACT DEVELOPMENT (LID)
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.
MAINTENANCE
The action taken to restore or preserve the as-built functional design of any stormwater management facility or system.
MPC
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.
MUNICIPAL ENGINEER
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.
MUNICIPAL SEPARATE STORM SEWER (MS3)
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:
A. 
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;
B. 
Designed or used for collecting or conveying stormwater;
C. 
Not a combined sewer; and
D. 
Not part of a publicly owned treatment works as defined at 40 CFR 122.2.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
MUNICIPALITY
New Freedom Borough, York County, Pennsylvania.
NEW DEVELOPMENT
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.
NOAA
National Oceanic and Atmospheric Administration.
NONPOINT SOURCE POLLUTION
Pollution that enters a water body from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.
NONSTORMWATER DISCHARGES
Water flowing in stormwater collection facilities, such as pipes or swales, which is not the result of a rainfall event or snowmelt.
NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPs)
See "best management practice (BMP)."
NPDES
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.
NRCS
USDA Natural Resources Conservation Service (previously SCS).
PADEP
Pennsylvania Department of Environmental Protection.
PARENT TRACT
The parcel of land from which a land development or subdivision originates, determined from the date of municipal adoption of this chapter.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm event.
PennDOT
Pennsylvania Department of Transportation.
PENNSYLVANIA STORMWATER BEST MANAGEMENT PRACTICES MANUAL (PA BMP MANUAL)
Document Number 363-0300-002 (December 2006, and as subsequently amended).
PERVIOUS AREA (or PERVIOUS SURFACE)
Any area not defined as impervious.
POINT SOURCE
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]
POSTCONSTRUCTION (POSTDEVELOPMENT)
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.
PREDEVELOPMENT (PRECONSTRUCTION)
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.
PRETREATMENT
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.
PROJECT SITE
The specific area of land where any regulated activities in the municipality are planned, conducted, or maintained.
PROPOSED IMPERVIOUS SURFACE
All new additional and replacement impervious surfaces.
QUALIFIED PROFESSIONAL
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.")
RAINFALL INTENSITY
The depth of accumulated rainfall per unit of time.
RECHARGE
The replenishment of groundwater through the infiltration of rainfall, other surface waters, or land application of water or treated wastewater.
REDEVELOPMENT
Any regulated activity that involves demolition, removal, reconstruction, or replacement of existing impervious surface(s).
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.
REGULATED EARTH DISTURBANCE ACTIVITY
Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92,[5] 25 Pa. Code Chapter 102, or the Clean Streams Law.[6]
REGULATED IMPERVIOUS SURFACE
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.
RETENTION (or TO RETAIN)
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.
RETENTION BASIN
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.
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).
RIPARIAN
Pertaining to anything connected with or immediately adjacent to the banks of a stream or other body of water.
RIPARIAN BUFFER
A permanent area of trees and shrubs located adjacent to streams, lakes, ponds and wetlands.
RUNOFF
Any part of precipitation that flows over the land.
SALDO
See Subdivision and Land Development Ordinance.[7]
SCS
Soil Conservation Service, now known as the Natural Resources Conservation Service.
SEDIMENT
Soils or other materials transported by surface water as a product of erosion.
SEPARATE STORM SEWER SYSTEM
See "municipal separate storm sewer" and "municipal separate storm sewer system."
SHEET FLOW
A flow process associated with broad, shallow water movement on sloping ground surfaces that is not channelized or concentrated.
SITE
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.
SOIL COVER COMPLEX METHOD
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).
STATE WATER QUALITY REQUIREMENTS
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]
STORM FREQUENCY
See "return period."
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER MANAGEMENT (SWM) 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.
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; storm sewers; pipes; and infiltration facilities.
STREAM
A natural watercourse.
SUBDIVISION
As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247.[9]
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The Subdivision and Land Development Ordinance of New Freedom Borough, York County, Pennsylvania, as amended.[10] Also referred to as "SALDO."
SWALE
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.
TOP-OF-BANK
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.
USDA
The United States Department of Agriculture.
WATER TABLE
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.
WATERCOURSE
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
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 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.
WOODS
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.
[2]
Editor's Note: See § 188-44A and B.
[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.
[7]
Editor's Note: See Ch. 194, Subdivision and Land Development.
[8]
Editor's Note: See 35 P.S. § 691.1 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See Ch. 194, Subdivision and Land Development.