As used in this chapter, the following terms shall have the
meanings indicated:
The removal of the surface of land through the combined action
of human and construction activities, and natural process at a rate
greater than would occur because of the natural processes alone.
Act of October 4, 1978, P.L. 864 (Act 167), as amended, and
known as the "Stormwater Management Act."[1]
Activities associated with agriculture such as, but not limited
to, agricultural cultivation, agricultural operations, and animal
heavy use areas. This includes, but is not limited to, work of producing
crops including tillage, land clearing, plowing, disking, harrowing,
fertilizing, 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 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.
Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
Includes, but shall not be limited to, the following: a building
under one roof; one side of a double house having a solid, vertical
partition wall; or a combination of buildings or other enclosures
occupied by, or intended for occupancy by, an individual, partnership,
unincorporated association, joint venture, corporation or other entity
as one party as a separate business, educational, industrial or commercial
establishment. In the event a building or a combination of buildings
within the same enclosure contains more than one such establishment,
or the facilities or layout for more than one such establishment,
or any combination of the same, each office or suite of offices, shop,
store, repair or service station, warehouse space, or other similarly
contained facility or layout located in such building or buildings
shall constitute one such unit.
The Pennsylvania Clean Streams Law, Act 394 of 1937, 35 Pa.C.S.A.
§ 691.1 et seq., as amended.
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.
Activities subject to NPDES construction permits. NPDES stormwater
Phase II permits will be required for construction projects resulting
in land disturbances of one acre or more. Such activities include
but are not limited to clearing and grubbing, grading, excavating
and demolition.
York County, Pennsylvania.
An impoundment structure regulated by the Pennsylvania DEP
Chapter 105 regulations.
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."
A structure designed to control stormwater runoff by temporarily
storing and releasing the runoff at a predetermined rate.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of appropriate and approved
Act 167 plans.
The volume of runoff that is captured, detained, 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.
An unstabilized area of land where an earth disturbance activity
is occurring or has occurred.
The most down gradient property line (or portion thereof)
of a lot or parcel of land being developed located such that over
land surface water flow on the development site is naturally directed
toward it.
A stormwater management structure or feature designed to
transmit stormwater runoff including, but not limited to, streams,
channels, swales, pipes, conduits, culverts and storm sewers.
A limited property right of use allowing the use of a designated
portion of land for stormwater management purposes.
A permit issued by the municipal governing body after the
SWM site plan has been approved. Said permit is issued prior to or
with the final municipal approval.
Each room, group of rooms, apartment, building or other enclosures
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by a person
living alone shall constitute one dwelling unit.
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.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
A written, site-specific plan consisting of both drawings
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.
Federal Emergency Management Agency.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other waters of this commonwealth.
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.
Replenishment of existing natural underground water supplies.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
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).[2]
Any direct or indirect nonstormwater discharge to the storm
drain system.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
and/or waters of the commonwealth including, but not limited to, any
conveyances which allow any nonstormwater discharge including sewage,
process wastewater, and wash water to enter the storm drain system
and any connections to the storm drain system and/or waters of the
commonwealth from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system and/or waters of the commonwealth
which has not been documented in plans, maps, or equivalent records
and approved by an authorized enforcement agency.
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
The entrance of surface water into the soil, usually at the
soil-air interface.
A structure designed to direct surface runoff into the ground
(e.g., french drains, seepage pits, seepage trench).
The York County Integrated Water Resources Plan, which Plan
includes Act 167 Plan elements and requirements.
A type of topography 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.
Shall include 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]
Any activity involving grading, filling, digging or filling
of ground, or stripping of vegetation, or any other activity that
causes land to be exposed to the danger of erosion.
Municipal separate storm sewer system, as defined by federal
law.
Dallastown Borough, York County, Pennsylvania.
National Pollution Discharge Elimination System.
USDA Natural Resources Conservation Service (previously SCS).
Operation and maintenance.
Operation and maintenance plan.
Postconstruction 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
or corporation, firm, trust, estate, Borough, governmental unit, public
utility or any other legal entity whatsoever. Whenever used in any
section prescribing or imposing a penalty, the term "person" shall
include the members of a partnership, the officers, agents and servants
of a corporation and the officers of a Borough, to the extent liable
under applicable law.
Any area not defined as impervious.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that may cause
or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalk and parking strips.
The specific area of land where any regulated activities
in the Borough are planned, conducted, or maintained.
Any person licensed by the State of Pennsylvania or otherwise
qualified by law to perform the work required by this chapter.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
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.)
A vertical pipe extending from the bottom of a pond or other
water impoundment that is used to control the discharge rate from
the pound or impoundment for a specified design storm.
Temporary collection and detention and gradual release of
stormwater falling directly onto roof surface by incorporating control-flow
roof drains into building design.
Any part of precipitation that flows over the land.
The surface and geologic features in any watershed which
individually or in any combination thereof, directly affect the rate,
amount and direction of stormwater runoff. These may include, but
are not limited to, vegetation, soils, slopes and any type of man-made
landscape alterations.
Soil Conservation Service, U.S. Department of Agriculture
(presently NRCS).
Soils or other materials transported by surface water as
a product of erosion.
A barrier, dam, retention or detention basin designed to
retain sediment.
An area of excavated earth filled with loose stone or similar
materials into which surface water is directed for infiltration into
the ground.
A surface which permits a limited amount of vertical transmission
of water.
Water flow with a relatively thin and uniform depth.
A generally accepted method of runoff computation in NRCS
publication "Urban Hydrology for Small Watersheds," Technical Release
No. 55.
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]
Publicly or privately owned facilities by which stormwater
is collected and/or conveyed including, but not limited to, any roads
with drainage systems, municipal streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage channels, reservoirs, and
other drainage structures.
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
precipitation or snow or ice melt.
Abbreviated as BMPs or SWM BMPs throughout this chapter.
See Appendix C.[7] Defining release rate criteria within the watershed.
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."[8]
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.
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.
A document which describes the best management practices
and activities to be implemented by a person or property owner to
identify sources of pollution or contamination at a site and the actions
to eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
A bridge, culvert or other structure in excess of 100 feet
in length, upstream end to downstream end, which encloses a water
of the commonwealth.
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 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.
A low-lying stretch of land which collects/directs and/or
carries surface water runoff.
Stormwater management.
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
United States Department of Agriculture.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A channel or conveyance of surface water having 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.
York County Conservation District.
[1]
Editor's Note: See 32 P.S. § 680.1 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: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: Appendix C is on file in the Borough offices.
[8]
Editor's Note: See 32 P.S. § 680.1 et seq.
