[Ord. No. 246, 10/11/2023]
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 word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, unit of government, or any other similar entity.
D. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
E. 
The words "used or occupied" include the words "intended, designed, maintained, or arranged to be used, occupied or maintained."
F. 
Terms not herein defined which are defined in the MPC or Zoning Ordinance [Chapter 27] shall have the meanings assigned in the MPC or Zoning Ordinance [Chapter 27]. Terms not defined in this Part, the MPC or the Zoning Ordinance [Chapter 27] shall have the meaning customarily assigned to them as found in the most recent edition of Webster's New Collegiate Dictionary.
G. 
References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township or the Commonwealth of Pennsylvania as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
[Ord. No. 246, 10/11/2023]
1. 
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.
BOARD OF SUPERVISORS
The governing body of the Township.
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.
CONSERVATION DISTRICT
The Monroe County Conservation District.
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.
EROSION AND SEDIMENT CONTROL PLAN
A site-specific plan that is designed to minimize accelerated erosion and sedimentation during construction.
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.
FLOOD HAZARD BOUNDARY
Mapped as being a special flood hazard area.
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.
HEC-HMS
The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC)
Hydrologic Modeling System (HMS) computer program.
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,"[1] 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.
B. 
A subdivision of land.
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.
NATURAL HYDROLOGIC REGIME
See "hydrologic regime (natural)."
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.
PLANNING COMMISSION
The Township Planning Commission.
PMF
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.
RATIONAL FORMULA
A rainfall-runoff relation used to estimate peak flow.
RECHARGE AREA
Undisturbed surface area or depression where stormwater collects, and a portion of which infiltrates and replenishes the underground and groundwater.
RECORD DRAWINGS
See "as-built drawings."
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)."
SOURCE WATER PROTECTION AREAS (SWPA)
The zone through which contaminants, if present, are likely to migrate and reach a drinking water well or surface water intake.
SPECIAL PROTECTION SUBWATERSHEDS
Watersheds for which the receiving waters are exceptional value (EV) or high quality (HQ) waters.
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
A natural watercourse.
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.
B. 
MAJOR SUBDIVISIONAll subdivisions not qualifying as minor subdivisions as stated above.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TIMBER OPERATIONS
See "forest management."
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.
[1]
Editor's Note: See 72 P.S. § 5490.2.