[Ord. 429, 11/7/2006; as amended by Ord. 463, 4/7/2015]
1.
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” refer to items which are mandatory; the words “may” and “should” refer to items which are permissive.
E. ACCELERATED EROSION AGRICULTURAL ACTIVITIES ALTERATION APPLICANT AS-BUILT DRAWINGS BANK-FULL BASE FLOW BIORETENTION BMP (BEST MANAGEMENT PRACTICE) CHANNEL EROSION CISTERN CONSERVATION DISTRICT CULVERT DAM DEP DEPARTMENT DESIGN PROFESSIONAL (QUALIFIED) DESIGN STORM DESIGNEE DETENTION BASIN DETENTION DISTRICT DEVELOPMENT SITE DIFFUSED DRAINAGE DISCHARGE DISTURBED AREAS DOWNSLOPE PROPERTY LINE DRAINAGE CONVEYANCE FACILITY DRAINAGE EASEMENT DRAINAGE PERMIT DRAINAGE PLAN EARTH DISTURBANCE ACTIVITY EMERGENCY SPILLWAY ENCROACHMENT EROSION EROSION AND SEDIMENT POLLUTION CONTROL PLAN ERSAM EXCEPTIONAL VALUE WATERS EXISTING CONDITIONS FLOOD FLOODPLAIN FLOODWAY FOREST MANAGEMENT/TIMBER OPERATIONS FREEBOARD GRADE (TO) GRADE GRASSED WATERWAY GROUNDWATER RECHARGE HEC–HMS HIGH QUALITY WATERS HYDROLOGIC REGIME (NATURAL) HYDROLOGIC SOIL GROUP HYETOGRAPH IMPERVIOUS SURFACE IMPOUNDMENT INFILL INFILTRATION INFILTRATION STRUCTURES INLET LAND DEVELOPMENT LAND EARTH DISTURBANCE LIMITING ZONE(1) (2) (3) MAIN STEM (MAIN CHANNEL) MANNING EQUATION (MANNING FORMULA) MUNICIPALITY NATURAL HYDROLOGIC REGIME NONPOINT SOURCE POLLUTION NPDES NRCS OPEN CHANNEL OUTFALL OUTLET PARENT TRACT PARKING LOT STORAGE PEAK DISCHARGE PENN STATE RUNOFF MODEL (CALIBRATED) PIPE PLANNING COMMISSION PMF (PROBABLE MAXIMUM FLOOD) POINT SOURCE PREDEVELOPMENT PRETREATMENT PROJECT SITE QUALIFIED PERSON OR QUALIFIED PROFESSIONAL RATIONAL METHOD RECHARGE AREA RECONSTRUCTION RECORD DRAWINGS REDEVELOPMENT REGULATED ACTIVITIES REGULATED EARTH DISTURBANCE ACTIVITY RELEASE RATE RETENTION BASIN RETURN PERIOD RISER ROAD MAINTENANCE ROOFTOP DETENTION RUNOFF SALDO SEDIMENT BASIN SEDIMENT POLLUTION SEDIMENTATION SEEPAGE PIT/SEEPAGE TRENCH SEPARATE STORM SEWER SYSTEM SHEET FLOW SOIL-COVER COMPLEX METHOD SOURCE WATER PROTECTION AREAS (SWPA) SPECIAL PROTECTION SUBWATERSHEDS SPILLWAY STATE WATER QUALITY REQUIREMENTS(1) (2) (3) STORAGE INDICATION METHOD STORM FREQUENCY STORM SEWER STORMWATER STORMWATER MANAGEMENT FACILITY STORMWATER MANAGEMENT PLAN STORMWATER MANAGEMENT SITE PLAN STREAM STREAM BUFFER STREAM ENCLOSURE SUBAREA SUBDIVISION SURFACE WATERS OF THE COMMONWEALTH SWALE TIMBER OPERATIONS TIME-OF-CONCENTRATION (TC) WATERCOURSE WATERS OF THE COMMONWEALTH WATERSHED WELLHEAD WELLHEAD PROTECTION AREA WETLAND
The words “used or occupied” include the words “intended, designed, maintained or arranged to be used, occupied or maintained.”
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.
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.
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 §23-104 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 the 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.
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 devises, form 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 devises. Structural stormwater BMPs are permanent appurtenances to the project site.
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 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.
A Pennsylvania registered professional engineer, registered landscape architect or a registered professional land surveyor trained to develop stormwater management plans.
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 Bucks County Planning Commission and/or agent of the Borough Council 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 specific tract of land for which a regulated activity is proposed.
Drainage discharge not confined to a single point location or channel, such as sheet flow or shallow concentrated flow.
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.
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 Borough Council after the drainage plan has been approved. Said permit is issued prior to or with the final Borough approval.
The documentation of the stormwater management system, to be used for a given development site, the contents of which are established in §23-403.
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 tilling, timber harvesting activities, road maintenance activities, mineral extraction and the moving, depositing, stockpiling or storing of soil, rock or earth materials.
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 25 Pa.Code, Chapter 93, “Water Quality Standards,” §93.4b(b) (relating to antidegradation).
The initial condition of a project site prior to the proposed construction. If the initial condition of the site is undeveloped land, the land use shall be considered as “meadow” unless the natural land cover is proven to generate lower curve numbers or rational “C” values.
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) prepared by the Federal Emergency Management Agency (FEMA). Also included are areas that comprise Group 13 Soils, as listed in Appendix 23-A of the Pennsylvania DEP 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 forest land. 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 highwater 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.
Replenishment of existing natural underground water supplies.
The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC)–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 25 Pa.Code, Chapter 93, “Water Quality Standards,” §93.4b(a).
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 obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS).
A graphical representation of average rainfall, rainfall excess rates or volumes over specified areas during successive units of time during a storm.
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 retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.
Development that occurs on smaller parcels that remains undeveloped but is 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.
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (a) 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 (b) 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. (2) A subdivision of land. (3) Development in accordance with §503(1.1) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10503(1.1).
Any activity involving grading, tilling, digging or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land.
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.
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.
Yardley Borough, 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, 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.
A culvert, closed conduit or similar structure (including appurtenances) that conveys stormwater.
The Planning Commission of Yardley Borough.
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 Oceanographic 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.
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 Borough 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.
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 conditional 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 of reproducibles, in both cases for the client’s permanent records.
The construction, alteration or improvement exceeding 5,000 square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional or multifamily residential.
Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff and that are specified in §23-104 of this Chapter.
Defined under NPDES Phase II regulations as earth disturbance activity of one acre or more with a point source discharge to surface waters or the Borough’s storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development.
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.
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.
Subdivision and Land Development Ordinance [Chapter 22].
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, Borough 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.
As defined under State regulations–protection of designated and existing uses (see 25 Pa.Code, Chapters 93 and 96) including:
Each stream segment in Pennsylvania has a “designated use,” such as “cold water fishery” or “potable water supply,” which are listed in Chapter 93. These uses must be protected and maintained, under State regulations.
“Existing uses” are those attained as of November, 1975, regardless whether they have been designated in 25 Pa.Code, Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.
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 exclude domestic sewage and industrial wastes.
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, 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), and known as the Delaware River South Watershed Act 167 Stormwater Management Plan.
The plan prepared by the applicant or his representative indicating how stormwater runoff will be managed at the particular site of interest according to 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.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition of 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 proposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
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 river, brook, creek or a channel or ditch for water, whether natural or man-made 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.
(1) A structure built over a well, (2) the source of water for a well.
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, ferns and similar areas.