As used in this Part, the following terms shall have the meanings
indicated:
ACCELERATED EROSION
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.
ACT 167
The Act of October 4, 1978, P.L. 864, No. 167, 32 P.S. § 680.1
et seq., as amended, and as may be amended in the future.
AGRICULTURAL ACTIVITIES
The work of producing crops and raising livestock, including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. For purposes of regulation by this Part, construction
of new buildings or impervious area is not considered an agricultural
activity.
ALTERATION
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.
APPLICABLE ACT 167 PLAN
The Brodhead and McMichaels Creek Plan or the Delaware River
Plan, depending on the watershed in which the parent tract is located.
APPLICANT
A person who has filed an application for approval to engage in any regulated activities as defined in §
26-205 of this Part.
AS-BUILT DRAWINGS (RECORD DRAWINGS)
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
same, are turned over to the engineer at the completion of the project.
BANKFULL
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
BASE FLOW
The portion of stream flow that is sustained by groundwater
discharge.
BIORETENTION
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
BMP (BEST MANAGEMENT PRACTICE)
Stormwater structures, facilities and techniques to control,
maintain or improve the quantity and quality of surface runoff and
groundwater recharge.
BMP MANUAL
Pennsylvania Stormwater Best Management Practices Manual
(Stormwater BMP Manual), Commonwealth of Pennsylvania, Department
of Environmental Protection, No. 363-0300-002 (December 2006), as
amended and updated.
BRODHEAD CREEK PLAN
The Brodhead/McMichael Creeks Watershed Stormwater Management
Plan approved by the Board of Commissioners of Monroe County, Pennsylvania,
in December 2005, and as amended thereafter, and approved by DEP.
BUFFER
The area of land immediately adjacent to any wetland, lake,
pond, vernal pond, or stream, measured perpendicular to and horizontally
from the delineated edge of the wetland, lake, pond, or vernal pond,
or the top-of-bank on both sides of a stream.
CALIBRATED MODEL (PENN STATE RUNOFF MODEL)
The computer-based hydrologic modeling technique adapted
to the applicable Act 167 plan. The model has been calibrated to reflect
actual recorded flow values by adjoining key model input parameters.
CHANNEL EROSION
The widening, deepening, and headward cutting of small channels
and waterways, caused by stormwater runoff or bankfull flows.
CHAPTER 102
Chapter 102, Erosion and Sedimentation Control, of Title
25, rules and regulations of the DEP.
CHAPTER 105
Chapter 105, Dam Safety and Waterway Management, of Title
25, rules and regulations of the DEP.
CHAPTER 106
Chapter 106, Floodplain Management, of Title 25, rules and
regulations of the DEP.
CULVERT
A structure, with appurtenant works, which carries water
under or through an embankment or fill.
DAM
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 which does or may impound water or another
fluid or semifluid.
DELAWARE RIVER PLAN
The watershed stormwater management plan for the Delaware
River Watershed approved by the Board of Commissioners of Monroe County
and DEP. Until such time as the Board of Commissioners of Monroe County
and DEP approve such a watershed stormwater management plan, the provisions
of the Brodhead Creek Plan shall be considered the Delaware River
Plan.
DEP
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
DESIGN PROFESSIONAL (QUALIFIED)
A Pennsylvania registered professional engineer, registered
landscape architect or a registered professional land surveyor trained
to develop stormwater management site plans.
DESIGN STORM
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.
DESIGNEE
The agent of the Monroe County Planning Commission, Conservation
District and/or agent of the Board of Supervisors involved with the
administration, review or enforcement of any provision of this Part
by contract or memorandum of understanding.
DETENTION BASIN
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
DEVELOPMENT SITE
The specific tract of land for which a regulated activity
is proposed.
DIFFUSED DRAINAGE DISCHARGE
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
DISTURBED AREAS
Land area where an earth disturbance activity is occurring
or has occurred.
DRAINAGE CONVEYANCE FACILITY
A stormwater management facility designed to transmit stormwater
runoff, and shall include channels, swales, pipes, conduits, culverts,
storm sewers, etc.
DRAINAGE EASEMENT
A right granted by a grantor to a grantee, allowing the use
of private land for stormwater management purposes.
DRAINAGE PERMIT
A permit issued by the Township after the drainage plan has
been approved.
DRAINAGE PLAN
The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in §
26-233.
EARTH DISTURBANCE
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, agricultural plowing or tilling,
timber harvesting activities, road maintenance activities involving
subbase disturbance, mineral extraction, and the moving, depositing,
stockpiling, or storing of soil, rock or earth materials.
EMERGENCY SPILLWAY
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
ENCROACHMENT
A structure or activity that changes, expands or diminishes
the course, current or cross section of a watercourse, floodway or
body of water.
EROSION
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
EXCEPTIONAL VALUE WATERS
Surface waters of high quality which satisfy Pennsylvania
Code, Title 25, Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to antidegradation).
EXISTING CONDITIONS
The initial condition of a project site prior to the proposed
alteration. 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" value.
FEMA
The Federal Emergency Management Agency.
FLOOD
A temporary condition of partial or complete inundation of
land areas from the overflow of streams, rivers, and other waters
of this commonwealth.
FLOODPLAIN
The lands adjoining a river or stream that have been or may
be expected to be inundated by floodwaters in a 100-year-frequency
flood.
FLOODWAY
The channel of the watercourse and those portions of the
adjoining floodplains which 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.
FOREST MANAGEMENT/TIMBER OPERATIONS
Planning and activities necessary for the management of forest
land with no change of land use proposed. These include timber inventory
and preparation of forest management plans, silvicultural treatment,
cutting budgets, logging road design and construction, timber harvesting
and reforestation.
FREEBOARD
A vertical distance between the elevation of the design high
water and the top of a dam, levee, tank, basin, swale, or diversion
berm. The space is required as a safety margin in a pond or basin.
FREQUENCY (STORM)
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."
GRADE
A.
A slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein.
B.
TO) GRADE To finish the surface of a roadbed, top of embankment or bottom of excavation.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to convey surface water.
GREEN INFRASTRUCTURE
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies
without degrading groundwater quality.
HIGH QUALITY WATERS
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).
HIGH TUNNEL
A structure which meets the following:
A.
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," or for the storage of agricultural equipment and supplies.
B.
Is constructed consistent with all of the following:
(1)
Has a metal, wood or plastic frame.
(2)
When covered, has a plastic, woven textile, or other flexible
covering.
(3)
Has a floor made of soil, crushed stone, matting, pavers or
a floating concrete slab.
HYDROLOGIC REGIME (NATURAL)
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, base flow, storage, and groundwater supplies
under natural conditions.
HYDROLOGIC SOIL GROUP
A classification of soils by the NCRS into four runoff potential
groups. The groups range from A soils, which are very permeable and
produce little runoff, to D soils, which are not very permeable and
produce much more runoff.
IMPERVIOUS SURFACE
A surface that prevents the percolation of water into the
ground, such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
IMPOUNDMENT
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
INFILTRATION
For stormwater to pass through the soil from the surface.
The entrance of surface water into the soil, usually at the soil/air
interface.
INFILTRATION STRUCTURES
A structure designed to direct runoff into the underground
water (e.g., french drains, seepage pits, seepage trench, etc.).
INLET
The upstream end of any structure through which water may
flow.
LAKE
A body of water greater than one acre in area and having
a permanent inlet and/or outlet.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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.
(2)
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.
C.
"Land development" does not include development which involves:
(1)
The conversion of an existing single-family detached dwelling
or single family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including a farm building,
on a lot or lots subordinate to an existing principal building.
(3)
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.
LIMITING ZONE
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A.
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling.
B.
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.
C.
A rock formation, other stratum or soil condition which is so
slowly permeable that it effectively limits downward passage of water.
LOT
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
LOW IMPACT DEVELOPMENT
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.
MAIN CHANNEL (MAIN STEM)
Any stream segment or other runoff conveyance facility used
as a reach in the Brodhead and McMichaels Creek Plan hydrologic model.
MANAGEMENT DISTRICT
Those districts in which some type of detention is required
to meet the requirements of the applicable Act 167 plan and the goals
of Act 167.
MANNING EQUATION (MANNING FORMULA)
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.
MPC
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
MUNICIPALITY
Smithfield Township, Monroe County, Pennsylvania.
NONPOINT SOURCE POLLUTION
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
NONSTRUCTURAL BMPS
Methods of controlling stormwater runoff quantity and quality,
such as innovative site planning, impervious area and grading reduction,
protection of natural depression areas, temporary ponding on-site
and other techniques.
NRCS
Natural Resource Conservation Service (previously SCS).
OPEN CHANNEL
A drainage element in which stormwater flows within an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainage ways, swales, streams, ditches, canals, and
pipes flowing partly full.
OUTFALL
Point where water flows from a conduit, stream, or drain.
OUTLET
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
PARENT TRACT
For land within the Brodhead and McMichaels Creek Watershed,
the parcel of land from which a land development or subdivision originates
existing as of May 1, 1994. For land within the Delaware River Watershed,
the parcel of land from which a land development or subdivision originates
existing as of October 12, 2006.
PEAK DISCHARGE
The maximum rate of stormwater runoff from a specific storm
event.
PENNDOT
The Pennsylvania Department of Transportation or any agency
successor thereto.
PIPE
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
PROBABLE MAXIMUM FLOOD
The flood that may be expected from the most severe combination
of critical meteorologic 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).
POND
A body of water one acre or less in area or less than 20
feet in depth and having a permanent inlet and/or outlet.
PRACTICABLE ALTERNATIVE
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
PREDEVELOPMENT
Undeveloped/natural condition. See "existing conditions."
PRETREATMENT
Techniques employed in structural and nonstructural stormwater BMPs to provide storage or filtering to help trap coarse materials and other pollutants before they enter the system, but not necessarily to meet the water quality volume requirements of §
26-223.
RECHARGE AREA
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
REDEVELOPMENT
Any construction, alteration, or improvement exceeding 5,000
square feet of impervious surface on sites where existing land use
is commercial, industrial, institutional, or multifamily residential.
REGULATED ACTIVITIES
Actions or proposed actions that have an impact on stormwater runoff quality and quantity and that are specified in §
26-205 of this Part.
RELEASE RATE
The percentage of existing conditions' peak rate of
runoff from a development site or subarea to which the post-development
peak rate of runoff must be reduced to protect downstream areas.
RETENTION BASIN
A structure in which stormwater is stored and not released
during the storm event. Retention basins do not have an outlet other
than recharge and must infiltrate stored water in no more than four
days.
RETURN PERIOD
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur.
RISER
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.
ROOFTOP DETENTION
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
RUNOFF
Any part of precipitation that flows over the land surface.
SALDO
The Township Subdivision and Land Development Ordinance [Chapter
22].
SEDIMENT BASIN
A barrier, dam, or retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water during construction.
SEDIMENT POLLUTION
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by the movement of water or air.
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the underground water.
SHEET FLOW
Runoff that flows over the ground surface as a thin, even
layer.
SOIL-COVER COMPLEX METHOD
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)."
SPILLWAY
A conveyance that is used to pass the peak discharge of the
maximum design storm controlled by the stormwater facility.
STORAGE INDICATION METHOD
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.
STORM SEWER
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
STORMWATER
The surface runoff generated by precipitation reaching the
ground surface.
STORMWATER MANAGEMENT FACILITY (STORMWATER STORAGE FACILITY)
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality and quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration structures.
STORMWATER MANAGEMENT SITE PLAN
The plan for managing those land use activities that will
influence stormwater runoff quality and quantity and that would impact
the Brodhead and McMichaels Watersheds adopted by Monroe County as
required by the Act of October 4, 1978, P.L. 864 (Act 167), and known
as the "Brodhead and McMichaels Watershed Act 167 Stormwater Management
Plan."
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at a particular site
of interest according to this Part.
STREAM ENCLOSURE
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
SUBAREA (SUBWATERSHED)
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the applicable Act 167
plan.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
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.
MINOR SUBDIVISIONParcels of land subdivided under any one of the following conditions shall be classified as minor subdivisions:
(1)
Lot improvement subdivision (lot line adjustment): A minor lot
subdivision involving the realignment.
(2)
A division of any part, parcel or area of land:
(a)
That results in only four new additional single-family detached
residential lots, or only four new additional lots of more than 10
acres with an agricultural use, in addition to one preexisting lot;
and
(b)
Which does not involve an extension or new segment of a street
(other than what was previously approved); and
(c)
Creates no public or private community facilities or municipal
facilities, such as but not limited to stormwater control facilities,
a central water supply, a central sewerage disposal system, or streets,
except as defined above; and
(d)
Which has not received final subdivision approval of four or
more new lots from the same parent tract.
SWALE
A low-lying stretch of land which gathers or carries surface
water runoff.
TIME OF CONCENTRATION (TC)
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.
TOWNSHIP
Smithfield Township, Monroe County, Pennsylvania.
VERNAL POND
Small, shallow, ephemeral water body with no permanent inlet
or outlet. They are filled each spring with rain and snow melt, then
are dry for a period over the summer months.
WATERCOURSE
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
WATERS OF THE COMMONWEALTH
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.
WELLHEAD
The point at which a groundwater well bore hole meets the
surface of the ground.
WELLHEAD PROTECTION AREA
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 toward and reach the water source.
WETLAND
Those areas that are inundated or saturated by surfac 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, fens, and similar areas.
ZONING ORDINANCE
The Smithfield Township Zoning Ordinance [Chapter
27], as amended from time to time.