[Ord. No. 1238, 9/7/2022]
For the purposes of this Chapter 21A, certain terms and words used herein shall be interpreted as follows:
1.
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.
2.
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.
3.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
4.
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, unit of government, or any
other similar entity.
5.
The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
[Ord. No. 1238, 9/7/2022]
These definitions do not necessarily reflect the definitions contained in pertinent regulations or statutes, and are intended for this Chapter 21A only.
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, and harvesting; 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 who has filed an
application to the Borough for approval to engage in any regulated
activity at a project site in the Borough.
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 21A. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this Chapter 21A, 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.
The Borough of Quakertown, Bucks County, Pennsylvania.
The Bucks County Conservation District, as defined in Section
3(c) of the Conservation District Law (3 P.S. § 851 (c)),
that has the authority under a delegation agreement executed with
DEP to administer and enforce all or a portion of the regulations
promulgated under 25 Pa. Code § 102.
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.
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
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.
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).
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.
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.
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 project 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.
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: (i) 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
buildings, or (b) the division or allocation of land or space 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; (ii) any subdivision of land;
(iii) development in accordance with Section 503(1.1) of the Pa. Municipalities
Planning Code.[1]
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.
USDA Natural Resources Conservation Service (previously SCS).
The person which owns, in fee simple, the real estate containing
all or part of the project site.
The maximum rate of stormwater runoff from a specific storm
event.
Any area not defined as impervious.
Any proposal, work, or activity which falls under the rules and regulations of this Chapter 21A.
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 21A.
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 regulations
under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102, or the Pennsylvania
Clean Streams Law.[2]
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.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Pennsylvania Clean Streams Law.[3]
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 facilities.
As defined in the Pennsylvania Municipalities Planning Code,
as amended (Act of July 31, 1968, P.L. 805, No. 247).[4]
United States Department of Agriculture.
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 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.
[1]
Editor's Note: See 53 P.S. § 10503.
[2]
Editor's Note: See 25 Pa. Code § 92a.1 et seq.,
25 Pa. Code § 102.1 et seq., and 35 P.S. § 691.1
et seq., respectively.
[3]
Editor's Note: See 25 Pa. Code § 102.1 et seq.
and 35 P.S. § 691.1 et seq., respectively.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
