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 words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
D. AGRICULTURAL ACTIVITY APPLICANT BEST MANAGEMENT PRACTICE (BMP) CAPTURE CONSERVATION DISTRICT DEP DESIGN STORM DETENTION VOLUME DEVELOPMENT, LAND DEVELOPMENT, SITE DISCONNECTED IMPERVIOUS AREA (DIA) DISTURBED AREA EARTH DISTURBANCE ACTIVITY EROSION EXISTING CONDITION FEMA FLOODPLAIN FLOODWAY FOREST MANAGEMENT/TIMBER OPERATIONS GEOTEXTILE GRAVEL (CRUSHED STONE) GREEN INFRASTRUCTURE HOTSPOT HYDROLOGIC SOIL GROUP (HSG) IMPERVIOUS SURFACE (IMPERVIOUS AREA) INFILTRATION KARST LAND DEVELOPMENT (DEVELOPMENT) LOW-IMPACT DEVELOPMENT (LID) MUNICIPALITY NRCS PEAK DISCHARGE PERVIOUS AREA PROJECT SITE QUALIFIED PROFESSIONAL REDEVELOPMENT REGULATED ACTIVITIES REGULATED EARTH DISTURBANCE ACTIVITY RETENTION VOLUME/REMOVED RUNOFF RETURN PERIOD RIPARIAN BUFFER RUNOFF SEDIMENT STATE WATER QUALITY REQUIREMENTS STORMWATER STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES STORMWATER MANAGEMENT FACILITY STORMWATER MANAGEMENT PLAN STORMWATER MANAGEMENT SITE PLAN SUBDIVISION USDA VOID RATIO WATERS OF THIS COMMONWEALTH WATERSHED WETLAND
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 City for approval to engage in any regulated activity at a project site in the City.
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 process of collecting runoff to be managed by a stormwater BMP.
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 Ch. 102; refers to the Luzerne Conservation District unless otherwise noted.
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."
The volume of runoff that is captured and released into the waters of this commonwealth at a controlled rate.
See "land development."
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.
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 C-1, Disconnected Impervious Area (DIA) and worksheet.[1]
An unstabilized land area where an earth disturbance activity is occurring or has occurred.
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.
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
Federal Emergency Management Agency.
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 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 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 porous fabric manufactured from synthetic fiber that is used to provide separation between different types of media (i.e., between soil and stone).
Considered to be impervious when the intended use of the stone is for transportation purposes, parking areas, construction areas, trails, or if the gravel is compacted at any time during or after its placement; landscaping stone is not considered as impervious area.
Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.
Areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants that are higher than those that are typically found in stormwater (e.g., vehicle salvage yards and recycling facilities, vehicle fueling stations, fleet storage areas, vehicle equipment and cleaning facilities, and vehicle service and maintenance facilities).
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 include, but are not limited to, streets, sidewalks, pavements, parking lots, driveways, roofs, stone patios. See definition of "gravel (crushed stone)" for when gravel classifies as impervious area.
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 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.
Inclusive of any or all of the following meanings:
A land development and construction approach that uses various land planning, design practices, and technologies to simultaneously conserve and protect natural resource systems, while allowing for necessary infrastructure improvements associated with land development. 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.
City of Hazleton, Luzerne County, Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
The maximum rate of stormwater runoff from a specific storm event.
Any area not defined as impervious.
The specific area of land where any regulated activities in the City are 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.
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.
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 Ch. 92, 25 Pa. Code Ch. 102, or the Clean Streams Law.[3]
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 permanent area of trees and shrubs located adjacent to streams, lakes, ponds and wetlands.
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as a product of erosion.
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[4]
Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
Is 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; french drains; underground on-lot seepage pits; and infiltration facilities.
The Luzerne County Stormwater Management Plan for managing stormwater runoff adopted by the County of Luzerne as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm Water Management Act."
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.
As defined in The Pennsylvania Municipalities Planning Code,[5] Act of July 31, 1968, P.L. 805, No. 247.
United States Department of Agriculture.
The ratio of the volume of void space to the total volume of the BMP material (void space plus solid material/media providing structural support to create the storage area).
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.