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 word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other similar entity.
D.
The words "shall" and "must" refers to items which are mandatory;
the words "may" and "should" refer to items which are permissive.
E.
The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
As used in this chapter, the following terms shall have the
meanings indicated:
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate
greater than would occur because of the natural process alone.
The work of producing crops and raising livestock, including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department
of Agricultural Natural Resources Conservation Service, as being "on,
or in, the floodplain" or subject to flooding. The following soil
types are alluvial and/or floodplain soils:
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance.
A landowner or applicant who has filed an application for approval to engage in any regulated activities as defined in § 28B-104 of this chapter.
Those maintained by the contractor as he constructs the project
and upon which he documents the actual locations of the building components
and changes to the original contract documents. These, or a copy of
the same, are turned over to the Township and Township Engineer at
the completion of the project.
The channel at the top-of-bank or point where water beings
to overflow onto a floodplain.
The portion of stream flow that is sustained by groundwater
discharge.
A stormwater management facility which utilizes woody and
herbaceous plants and soils to remove pollutants before infiltration
occurs.
Stormwater structures, facilities and techniques to control,
maintain or improve the quantity and quality of surface runoff. The
Pennsylvania Handbook of BMPs for Developing Areas and the Maryland
Stormwater Design Manual may be referenced for specific BMP practices.
The widening, deepening, and headward cutting of small channels
and waterways caused by moderate to large floods.
An underground reservoir or tank for storing rainwater.
The Bucks County 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.
A structure with appurtenant works which carries a stream
under or through an embankment or fill.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes that does or may impound water or another
fluid or semifluid.
The Pennsylvania Department of Environmental Protection.
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.
The agent of the governing body involved with the administration,
review, or enforcement of any provisions of this chapter by contract
or memorandum of understanding.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate
A person, partnership, association, corporation, or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity of this chapter.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction or placement of buildings
or other structures, mobile homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
The specific tract of land for which a regulated activity
is proposed. Also, refer to "project site."
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
An impervious 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.
Unstabilized land area where an earth disturbance activity
is occurring or has occurred.
That portion of the property line of the lot, tract, or parcels
of land being developed, located such that all overland or pipe flow
from the site would be directed towards it.
Any downstream capacity hydraulic analysis conducted in accordance
with this chapter shall use the following criteria for determining
adequacy for accepting increased peak flow rates:
Natural or man-made channels or swales must be able to convey
the increased rate of runoff associated with a two-year-return-period
event within their banks at velocities consistent with protection
of the channels from erosion. Acceptable velocities shall be based
upon criteria included in the DEP Erosion and Sediment Pollution Control
Program Manual.
Natural or man-made channels or swales must be able to convey
the increased twenty-five-year-return-period rate of runoff without
creating any hazard to persons or property.
Culverts, bridges, storm sewers or any other facilities which
must pass or convey flows from the tributary area must be designed
in accordance with DEP Chapter 105 regulations (if applicable) and,
at a minimum, pass the increased twenty-five-year-return-period rate
of runoff.
No new channels or conveyance facilities shall be authorized
by this language.
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A permit issued by the municipal governing body after the
drainage plan has been approved. Said permit is issued prior to or
with the final municipal approval.
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or titling, stripping of vegetation, timber harvesting activities,
road maintenance activities, mineral extraction, and the moving, depositing,
stockpiling, or storing of soil, rock, or earth materials or any other
activity that causes an alteration to the natural condition of the
land.
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
A structure or activity that changes, expands or diminishes
the course, current or cross-section of a watercourse, floodway or
body of water.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan that is designed to minimize accelerated erosion and
sedimentation.
Existing Resource and Site Analysis Map.
Surface waters of high quality which satisfy Pennsylvania
Code Title 25, Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to antidegradation).
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 or delineated as a special flood hazard area on the
applicable National Flood Insurance Program Flood Insurance Rate Map
(FIRM), latest edition, prepared by the Federal Emergency Management
Agency (FEMA). Also included are areas that comprise Group 13 Soils,
as listed in Appendix A of the Pennsylvania Department of Environmental
Protection (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 frequency 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-frequency 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 timber inventory and 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 elevation of the design high
water and the top of a dam, levee, tank, basin, or diversion ridge.
The space is required as a safety margin in a pond or basin.
A slope, usually of a road, channel, or natural ground, specified
in percent, and shown on plans as specified herein.
To finish the surface of a roadbed, top of embankment, or
bottom of excavation.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Replenishment of existing natural underground water supplies.
Hydrologic Modeling System (HMS) adapted to the Delaware
River South Creek watershed.
Surface waters having quality which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pennsylvania Code Title 25, Environmental
Protection, Chapter 93, Water Quality Standards, § 93.4b(a).
A graphical representation of average rainfall, rainfall
excess rates, or volumes over specified areas during successive units
of time during a storm.
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, baseflow, storage, and groundwater supplies
under natural conditions.
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 1, 2[1]).
Impervious surfaces are those surfaces which do not absorb
precipitation and surface water. All buildings, parking areas, driveways,
roads, sidewalks, swimming pools, and any areas containing concrete,
asphalt, packed stone, compacted soils, or other equivalent surfaces
shall be considered impervious within this definition. In addition,
other areas determined by the Township Engineer to be impervious within
the meaning of this definition will be classified as impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Development that occurs on smaller parcels that remain undeveloped
but are within or in very close proximity to urban areas. The development
relies on existing infrastructure and does not require an extension
of water, sewer, or other public utilities.
The passing of stormwater through the soil from the surface.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
Any of the following activities [in accordance with Section
503(1.1) of the Pennsylvania Municipalities Planning Code[2]]:
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 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.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of a residential accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
A soil horizon or condition in the soil profile or underlying
strata which 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 soil mottling.
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 which is so
slowly permeable that it effectively limits downward passage of effluent.
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.
Any stream segment or other runoff conveyance facility used
as a reach in the Delaware River South Creek hydrologic model.
A method for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. "Open
channels" may include closed conduits so long as the flow is not under
pressure.
Upper Makefield Township, Bucks County, Pennsylvania.
See "hydrologic regime."
Pollution that enters a body of water from diffuse origins
in the watershed and does not result from confined or discrete conveyances.
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act,[3] which is delegated to DEP in Pennsylvania.
Natural Resources Conservation Service (previously SCS).
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
Point where water flows from a conduit, stream, or drain.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The parcel of land from which a land development or subdivision
originates as of the date of the original Delaware River South Creek
Stormwater Ordinance adoption.
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
The computer-based hydrologic modeling technique adapted
to the Delaware River South Creek watershed for the Act 167 plan.
The model has been "calibrated" to reflect actual recorded flow values
by adjoining key model input parameters.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of Upper Makefield Township.
The flood that may be expected from the most severe combination
of critical meteorological and hydrologic conditions that are reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined based on data obtained from the
National Oceanic and Atmospheric Administration (NOAA).
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.
Includes concrete decking or other impervious decking, equipment
pads, cabanas, hardscape, or other impervious surfaces incidental
to swimming pools.
Undeveloped/natural condition.
Techniques employed in stormwater BMPs to provide storage
or filtering to help trap coarse materials and other pollutants before
they enter the system.
The specific area of land where any regulated activities
in the municipality are planned, conducted or maintained.
A rainfall-runoff relation used to estimate peak flow.
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
The process by which existing developed area is adaptively
reused, rehabilitated, restored, renovated, and/or expanded. The development
relies on existing infrastructure and does not require an extension
of water, sewer, or other public utilities.
Original documents revised to suit the as-built conditions
and subsequently provided by the engineer to the client. The engineer
takes the contractor's as-builts, reviews them in detail with
his/her own records for completeness, then either turns these over
to the client or transfers the information to a set or reproducibles,
in both cases, for the client's permanent records.
Development or modification of real estate which was subject
to a previously approved subdivision or land development plan.
Any earth disturbance activities or any activity that involve the alteration or development of land in a manner that may affect stormwater runoff and that are specified in § 28B-104 of this chapter.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102 or the Clean
Streams Law.[4]
The percentage of existing conditions peak rate of runoff
from a site or subarea to which the proposed conditions peak rate
of runoff must be reduced to protect downstream areas.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average of
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. Refer to Joint Municipal Zoning
Ordinance (JMZO).
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
Earth disturbance activities within the existing road cross-section,
such as grading and repairing existing unpaved road surfaces, cutting
road banks, cleaning or clearing drainage ditches and other similar
activities.
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any part of precipitation that flows over the land surface.
Upper Makefield Township Subdivision and Land Development
Ordinance.[5]
Soil or other material transported by surface water as a
product of erosion.
A barrier, dam, or retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
The placement, discharge, or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of the DEP Erosion
and Sediment Pollution Control Program Manual.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) primarily used for collecting
and conveying stormwater runoff.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called "curve number" (CN).
The zone through which contaminants are likely to migrate
and reach a drinking water well or surface water intake.
Watersheds for which the receiving waters are exceptional
value (EV) or high quality (HQ) waters.
A conveyance that is used to pass the peak discharge of the
maximum design storm controlled by the stormwater facility.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and Clean Streams Law.[6]
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage) with
outflow defined as a function of storage volume and depth.
The number of times that a given storm "event" occurs or
is exceeded on the average in a stated period of years. See "return
period."
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
The total amount of precipitation reaching the ground surface.
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 structures.
The plan for managing stormwater runoff in the Delaware River
South watershed adopted by Bucks County as required by the Act of
October 4, 1978, P.L. 864 (Act 167),[7] and known as the Delaware River South Watershed Act 167
Stormwater Management Plan.
The plan prepared by the applicant or his professional representative
indicating how stormwater runoff will be managed at the development
site in accordance with this chapter.
A natural watercourse.
The land area adjacent to each side of a stream, essential
to maintaining water quality measured 150 feet from the top of the
bank.
A bridge, culvert, or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[8]
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface waters, or parts
thereof, whether natural or artificial, within or on the boundaries
of the commonwealth.
A low-lying stretch of land which gathers or carries surface
water runoff.
See "forest 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.
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, 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 body
of water, whether natural or artificial.
The surface and subsurface area surrounding a water supply
well, well field, spring, or infiltration gallery supplying a public
water system, through which contaminants are reasonably likely to
move towards and reach the water source.
Those 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, fens, and similar areas.
The process by which wetland limits are determined. Wetlands
must be delineated by a qualified specialist according to the 1989
Federal Manuals (as amended) for the Delineation of Jurisdictional
Wetlands (whichever is greater) or according to any subsequent federal
or state regulation. "Qualified specialist" shall include those persons
being certified professional soil scientists as registered with Registry
of Certified Professionals in Agronomy Crops and Soils (ARCPACS);
or as contained on consultant's list of Pennsylvania Association
of Professional Soil Scientists (PAPSS); or as registered with National
Society of Consulting Soil Scientists (NSCSS), or as certified by
state and/or federal certification programs; or by a qualified biologist/ecologist.
