[Ord. No. 1151, 6/20/2023]
1.
For the purposes of this Part, 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.
2.
These definitions do not necessarily reflect the definitions contained
in pertinent regulations or statutes and are intended for this Part
only.
[Ord. No. 1151, 6/20/2023]
As used in this Part, 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 of a rate
greater than would occur because of the natural process alone.
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 authorized by the
property owner 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 Part. Stormwater BMPs are
commonly grouped into one of two broad categories or measures: "structural"
or "nonstructural." In this Part, 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.
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 of a portion of the regulations promulgated under
25 Pa. Code Chapter 102.
The Pennsylvania Department of Environmental Protection.
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 the commonwealth at a controlled rate.
See "project site."
An 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 overland or pipe flow from
the site would be directed towards it.
A Stormwater management facility designed to transmit stormwater
runoff and shall include channels, swales, pipes, conduits, culverts,
storm sewers, etc.
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.
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.
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). A floodplain limit may be determined by analysis
by a Pennsylvania licensed PE for streams with no FEMA delineation.
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, or as determined by analysis
by a Pennsylvania licensed professional engineer.
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.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Hydrologic Modeling System (HMS) computer program.
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 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 and supplies.
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. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they do not prevent infiltration.
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 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 water.
See requirements in the PA DEP BMP Manual Appendix C.
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.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.
Borough of Stroudsburg, Monroe County, Pennsylvania.
Under state regulations, construction activities consist
of clearing and grubbing, grading and excavation activities involving
one acre or more of earth disturbance activity, or an earth disturbance
activity on any portion, part or during any stage of a larger common
plan of development or sale that involves one acre or more of earth
disturbance activity over the life of the project.
USDA Natural Resources Conservation Service (previously SCS).
The parcel of land from which a land development or subdivision
originates, existing as of the date of municipal adoption of the original
Brodhead and McMichaels Creek Ordinance (Stroudsburg, May 10, 1989).
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 municipality are planned, conducted, or maintained.
Any person hired by the owner, licensed by the Pennsylvania
Department of State or otherwise qualified by law to perform the work
required by this Part.
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 Chapter 92, 25 Pa. Code Chapter 102, or the Clean
Streams Law.[4]
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.
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).
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 the Clean Streams Law.[5]
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.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
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, including,
but are not limited to: detention and retention basins; open channels;
storm sewers; pipes; and infiltration facilities.
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the development
site in accordance with this Part. "Stormwater Management site plan"
will be designated as "SWM site plan" throughout this Part.
A watercourse.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[6]
United States Department of Agriculture.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, whether 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 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.
