As used in this chapter, the following terms shall have the
following meanings:
Act of October 4, 1978, P.L. 864 (Act 167), as amended, and
known as the "Stormwater Management Act."
Activities associated with agriculture, such as, but not
limited to, agricultural cultivation, agricultural operations, and
animal heavy-use areas. This includes the work of producing crops,
including tillage, land clearing, plowing, disking, harrowing, planting,
harvesting crops or the 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 municipality for approval to engage in any regulated
activity at a project site in the municipality.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this chapter. Stormwater BMPs
are commonly grouped into one of two broad categories of 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 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.
Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
The Borough of New Salem, York County, Pennsylvania.
Any stormwater management facility, including but not limited
to detention or retention basins, which is designed to serve a community,
a subdivision, consisting of more than one lot or tract, or a land
development consisting of more than one entity or end user.
The York County Conservation District, which district is
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 Chapter 102.
York County, Pennsylvania.
An impoundment structure regulated by the Pennsylvania DEP
promulgated under 25 Pa. Code Chapter 105.
The Pennsylvania Department of Environmental Protection.
An agent of the municipality appointed by the governing body
for the purpose of administration, review or enforcement of any provisions
of this chapter.
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."
A structure designed to retard stormwater runoff by temporarily
storing and releasing the runoff at a predetermined rate.
The volume of runoff that is captured and released into the
waters of this commonwealth at a controlled rate.
Any person, partnership, association, corporation or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity.
See "project site."
An impervious or impermeable surface that is disconnected
from any stormwater drainage or conveyance system and is redirected
or directed to a pervious area, which allows for infiltration, filtration,
and increased time of concentration as specified in Appendix B, Disconnected
Impervious Area, of this chapter.[1]
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.
An impervious or impermeable surface that is disconnected
from any stormwater management facility or drainage conveyance facility
and is redirected or directed to a stormwater management BMP facility
as is approved by the Borough, but does not meet the requirements
of a disconnected impervious area (DIA). Equivalent DIAs shall be
permitted only for regulated activities of less than 1,000 square
feet. Examples of SWM BMPs that may be used in conjunction with equivalent
DIAs are represented in the stormwater permit application.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
A site-specific plan consisting of drawings, calculations,
and a narrative that identifies BMPs to minimize accelerated erosion
and sedimentation before, during and after earth disturbance activity.
DEP's Erosion and Sediment Pollution Control Manual,
as amended and updated.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The Federal Emergency Management Agency.
Any land area susceptible to inundation by water from any
natural source as delineated by applicable FEMA maps and studies as
being a special flood hazard area.
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the one-hundred-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 one-hundred-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 forest
land. 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.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into four HSGs (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The NRCS defines the four groups and provides a list of most
of the soils in the United States and their group classification.
The soils in the area of the development site may be identified from
a soil survey report that can be obtained from local NRCS offices
or conservation district offices. Soils become less pervious as the
HSG varies from A to D (NRCS 3, 4).
Any physical connection to a separate stormwater drainage
system that conveys illicit discharges into the system and/or is not
authorized or permitted by the local authority.
Any discharge (or seepage) to a municipal separate storm
sewer that is not composed entirely of stormwater. This does not refer
to discharges authorized under an NPDES permit (other than the NPDES
permit for discharges from the regulated small MS4); certain allowable
nonstormwater discharges described in the EPA regulations, NPDES MS4
permit or the MS4's ordinance; and discharges resulting from
firefighting activities. Examples of illicit discharges include the
dumping of motor vehicle fluids, household hazardous wastes, grass
clippings, leaf litter, animal wastes, or unauthorized discharges
of sewage, industrial waste, restaurant wastes, or any other nonstormwater
waste into a separate stormwater drainage system. Illicit discharges
can be accidental or intentional.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas shall include, but not be limited
to, roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, and any new streets and sidewalks. However,
any surface or area designed, constructed and maintained to permit
infiltration as specified herein shall be considered pervious, not
impervious. For the purposes of this chapter, a surface or area shall
not be considered impervious if such surface or area does not diminish
the capacity for infiltration of stormwater for storms up to, and
including, a two-year twenty-four-hour storm event.
The entrance of surface water into the soil, usually at the
soil-air interface.
The York County Integrated Water Resources Plan, which plan
includes Act 167 plan elements and requirements.
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground
drainage, and caves. Karst landscapes are formed on carbonate rocks,
such as limestone or dolomite.
Includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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; or
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.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[2]
The Borough of New Salem, York County, Pennsylvania.
The National Pollution Discharge Elimination System.
The USDA Natural Resources Conservation Service (previously
SCS).
Operation and maintenance.
Operation and maintenance plan.
Post-construction stormwater management plan.
The maximum rate of stormwater runoff from a specific storm
event.
The downward movement, under the influence of gravity, of
water under hydrostatic pressure through interstices of the soil or
rock.
An individual, partnership, public or private association,
limited liability company, corporation, firm, trust, estate, homeowners'
association, condominium unit owners' association, municipality,
governmental unit, public utility, or any other legal entitiy. "Person,"
when used herein, shall also include the successors, heirs and assigns
of such person, the members of a partnership, the officers, agents
and servants of a corporation or limited liability company and the
officers of a municipality or governmental unit.
Any area not defined as impervious.
Any stormwater management facility, including but not limited
to stormwater drainage pits, which is designed to serve only an individual
lot.
The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
Any person licensed by the State of Pennsylvania or otherwise
qualified by law to perform the work required by this chapter.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapter 92,[3] 25 Pa. Code Chapter 102, or the Clean Streams Law.
An impoundment in which stormwater is stored and not released
during a storm event. Stored water may be released from the basin
at some time after the end of a storm.
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, that
is, a four-percent chance.
A best management practice that is an area of permanent vegetation
along surface waters. (Such areas serve as natural vegetative filters
between upland landscapes and waterways.)
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
Water flow with a relatively thin and uniform depth.
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond or basin.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
The number of times that a given storm event occurs on average
in a stated period of years.
A pipe or conduit, or a system of pipes or conduits, which
intercepts and carries surface stormwater runoff, but excludes sewage,
industrial wastes and similar discharges.
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.
Parts and/or elements of the York County Integrated Water
Resources Plan which incorporate the requirements of the Act of October
4, 1978, P.L. 864 (Act 167), as amended, and known as the "Storm Water
Management Act."
Is abbreviated as BMPs or SWM BMPs throughout this chapter.
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the development
site in accordance with this chapter. Stormwater management site plan
will be designated as SWM site plan throughout this chapter. For all
NPDES permitted sites, the stormwater management site plan shall include,
and be consistent with, the erosion and sediment control plan as submitted
to the York County Conservation District (YCCD) and/or DEP.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels or other divisions
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.
Stormwater management.
The 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 water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas.
The York County Conservation District.
