A.ย
For the
purpose of this Part 1, certain terms and words used herein shall
be interpreted as follows:
(1)ย
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)ย
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)ย
The
word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other similar entity.
(4)ย
The
words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
(5)ย
The
words "used or occupied" include the words "intended, designed, maintained,
or arranged to be used, occupied or maintained."
B.ย
ACCELERATED EROSION
ACT 167
ACT 167 PLAN
AGRICULTURAL ACTIVITIES
ALTERATION
APPLICANT
ARMY CORPS OF ENGINEERS (ACOE)
BEST MANAGEMENT PRACTICES (BMPs)
BMP MANUAL
BOARD OF SUPERVISORS
CHANNEL EROSION
CISTERN
CLEAN STREAMS LAW
CONSERVATION DISTRICT
CULVERT
DAM
DESIGNEE
DESIGN STORM
DETENTION BASIN
DETENTION VOLUME
DEVELOPER
DEVELOPMENT SITE (SITE)
DISTURBED AREA
DOWNSLOPE PROPERTY LINE
DRAINAGE CONVEYANCE FACILITY
DRAINAGE EASEMENT
DRAINAGEWAY
E&S MANUAL
EARTH DISTURBANCE ACTIVITY
EROSION
EROSION AND SEDIMENT POLLUTION CONTROL PLAN
EXCEPTIONAL-VALUE WATERS
EXISTING CONDITIONS
FEMA
FLOOD
FLOOD-FRINGE
FLOODPLAIN
FLOODWAY
FOREST MANAGEMENT/TIMBER OPERATIONS
FREEBOARD
GRADE
GROUNDWATER RECHARGE
HEC-HMS MODEL CALIBRATED (HYDROLOGIC ENGINEERING CENTER-HYDROLOGIC
MODELING SYSTEM)
HIGH-QUALITY WATERS
HYDROLOGIC SOIL GROUP (HSG)
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
IMPOUNDMENT
INFILTRATION STRUCTURES
INLET
LAND DEVELOPMENT (DEVELOPMENT)
LANDOWNER
LEVEL SPREADER
LOW-IMPACT DEVELOPMENT (LID)
MAIN STEM (MAIN CHANNEL)
MANNING EQUATION (MANNING FORMULA)
MUNICIPALITIES PLANNING CODE (MPC)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NOAA ATLAS 14
NONPOINT SOURCE POLLUTION
NRCS
OPEN CHANNEL
OUTFALL
OUTLET
PADEP
PARKING LOT STORAGE
PEAK DISCHARGE
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (PADEP)
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION (PENNDOT)
PERSON
PERVIOUS AREA
PIPE
POINT SOURCE
PROBABLE MAXIMUM FLOOD (PMF)
PROJECT SITE
QUALIFIED PROFESSIONAL
RATIONAL FORMULA
REDEVELOPMENT
REGULATED ACTIVITIES
(1)ย
(2)ย
(3)ย
(4)ย
(5)ย
(6)ย
(7)ย
(8)ย
REGULATED EARTH DISTURBANCE ACTIVITY
RELEASE RATE
RELEASE RATE DISTRICT
RETENTION BASIN
RETENTION VOLUME/REMOVED RUNOFF
RETURN PERIOD
RIPARIAN BUFFER
RISER
ROAD MAINTENANCE
ROOFTOP DETENTION
RUNOFF
RUNOFF CAPTURE VOLUME
SEDIMENT
SEDIMENTATION
SEDIMENT BASIN
SEDIMENT POLLUTION
SEEPAGE PIT/SEEPAGE TRENCH
SEPARATE STORM SEWER SYSTEM
SHEET FLOW
SOIL COVER COMPLEX METHOD
SPILLWAY (EMERGENCY)
STATE WATER QUALITY REQUIREMENTS
STORAGE INDICATION METHOD
STORM FREQUENCY
STORM SEWER
STORMWATER
STORMWATER HOTSPOT
STORM WATER MANAGEMENT ACT
STORMWATER MANAGEMENT FACILITIES
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SITE PLAN (SWM SITE PLAN)
STREAM ENCLOSURE
SUBDIVISION
SUBWATERSHED AREA
SWALE
TIMBER OPERATIONS
TIME OF CONCENTRATION (Tc)
TOWNSHIP
TOWNSHIP ENGINEER
TOWNSHIP PLANNING COMMISSION
USDA
WATERCOURSE
WATERSHED
WATERS OF THE COMMONWEALTH
WETLAND
ZONING ORDINANCE
For the purpose of this Part 1, the following terms shall have the
meanings indicated:
The removal of the surface of the land through the combined
action of human activity and natural processes at a rate greater than
would occur because of the natural process alone.
See "Storm Water Management Act."[1]
The plan for managing stormwater throughout a designated
watershed adopted by Butler County as required by the Storm Water
Management Act.
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops, 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;
changing of surface conditions by causing the surface to be more or
less impervious; land disturbance.
A landowner, developer, or other person who has filed an
application for approval to engage in any regulated activities at
a project site within the Township.
The United States Army Corps of Engineers or any agency successor
thereto.
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 Part 1. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "nonstructural"
or "structural." "Nonstructural" BMPs are measures referred to as
operational and/or behavior-related practices that attempt to minimize
the contact of pollutants with stormwater runoff whereas "structural"
BMPs are measures 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 Pennsylvania Department of Environmental Protection's
Stormwater Best Management Practices (BMP) Manual, most recent edition.
The Board of Supervisors of Jackson Township, Butler County,
Pennsylvania.
The widening, deepening, and headward cutting of small channels
and waterways, due to erosion caused by moderate to large floods.
An underground reservoir or tank used for storing rainwater.
The Pennsylvania Clean Streams Law, 35 P.S. ยงย 691.1
et seq., as amended.
The Butler County Conservation District. The Butler County
Conservation District has the authority under a delegation agreement
executed with the Department of Environmental Protection to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code Chapter 102.
A structure with appurtenant works that carries a stream
and/or stormwater runoff 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 which does or may impound water or another
fluid or semifluid.
The agent of this Township and/or agent of the Board of Supervisors
involved with the administration, review or enforcement of any provisions
of this Part 1 by contract or memorandum of understanding.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
twenty-five-year storm) and duration (e.g., 24 hours), used in the
design and evaluation of stormwater management systems. Also see "return
period."
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
The volume of runoff that is captured and released into waters
of the commonwealth at a controlled rate.
As defined in the Subdivision and Land Development Ordinance (Chapter 22).
The specific area of land for which a regulated activity
is proposed. Also see "project site."
An 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 toward it.
A stormwater management facility designed to convey 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, drainage, or conveyance
purposes.
Any natural or artificial watercourse, trench, ditch, pipe,
swale, channel, or similar depression into which surface water flows.
The Pennsylvania Department of Environmental Protection Erosion
and Sediment Pollution Control Program Manual, No. 363-2134-008 (April
15, 2000), as amended and updated.
A construction or other human activity which disturbs the
surface of the 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.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan which is designed to minimize accelerated erosion
and sedimentation.
Surface waters of high quality, which satisfies 25 Pa. Code,
"Environmental Protection," Chapter 93, "Water Quality Standards,"
ยงย 93.4b(b) (relating to anti-degradation).
The initial condition of a project site prior to the proposed
construction. If the initial condition of the site is undeveloped
land and not forested, the land use shall be considered as meadow,
unless the natural land cover is documented to generate lower curve
numbers or rational "C" coefficient.
The Federal Emergency Management Agency, or its successor
entity.
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 the commonwealth.
The remaining portions of the one-hundred-year floodplain
outside of the floodway boundary.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration, Flood Hazard
Boundary Maps as being a special flood hazard area. Included are lands
adjoining a river or stream that have been or may be inundated by
a one-hundred-year flood. Also included are areas that comprise Group
13 soils, as listed in Appendix A of the Pennsylvania Department of
Environmental Protection (PADEP) Technical Manual for Sewage Enforcement
Officers (as amended or replaced from time to time by PADEP).
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the one-hundred-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 one-hundred-year frequency floodway,
it is assumed, absent evidence to the contrary, that the floodway
extends from the stream to 50 feet landward from the top of the bank
of the stream.
Planning and activities necessary for the management of forestland.
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 high
water and the top of a dam, levee, tank, basin, or diversion ridge.
The space is required as a safety margin in a tank, pond or basin.
Replenishment of existing natural underground water supplies.
A computer-based hydrologic modeling technique adapted to
the watershed(s) in Butler County for the Act 167 Plan. The model
has been calibrated by adjusting key model input parameters.
Surface water 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, "Environmental Protection,"
Chapter 93, "Water Quality Standards," ยงย 93.4b(a).
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into one of four HSG (A, B, C, and D) according to
their minimum infiltration rate, which is obtained for bare soil after
prolonged wetting. The Natural Resources Conservation Service (NRCS)
of the United States Department of Agriculture 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 interest may
be identified from a soil survey report from the local NRCS office
or the County Conservation District.
A surface that prevents the infiltration of water into the
ground. Impervious surface (or area) includes but is not limited to
roofs, additional indoor living spaces, patios, garages, storage sheds
and similar structures, parking or driveway areas, and any new streets
and sidewalks. Any surface areas proposed to initially be gravel or
crushed stone shall be assumed to be impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, etc.).
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.
As defined in the Subdivision and Land Development Ordinance (Chapter 22).
As defined in the Subdivision and Land Development Ordinance (Chapter 22).
A site-specific stormwater management measure or measures
that reduce the erosive energy of concentrated flows by distributing
runoff as sheet flow to stabilized vegetated surfaces. Level spreaders
also may promote infiltration and improve water quality if designed,
constructed and maintained properly.
An approach to land development that uses various land planning
and design practices and technologies to simultaneously conserve and
protect natural resource systems and reduce infrastructure costs.
LID still allows land to be developed, but in a cost-effective manner
that helps mitigate potential environmental impacts.
Any stream segment or other runoff conveyance facility used
as a reach in the Butler County Act 167 watershed hydrologic model(s).
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.
The Pennsylvania Municipalities Planning Code, 53 P.S. ยงย 10101
et seq., as amended.
The federal government's system for issuance of permits under
the Clean Water Act,[2] which is delegated to PADEP in Pennsylvania.
Precipitation-Frequency Atlas of the United States, Atlas
14, Volume 2, United States Department of Commerce, National Oceanic
and Atmospheric Administration, National Weather Service, Hydrometeorological
Design Studies Center, Silver Spring, Maryland (2004). NOAA's Atlas
14 can be accessed at Internet address http://hdsc.nws.noaa.gov/hdsc/pfds/.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Natural Resources Conservation Service [previously "Soil
Conservation Service (SCS)"], or its successor agency.
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
not under pressure.
Points of water disposal from a stream, river, lake, tidewater,
or artificial drain.
See "Pennsylvania Department of Environmental Protection."
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 Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Pennsylvania Department of Transportation of the Commonwealth
of Pennsylvania or any agency successor thereto.
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
Any discernible, confined, or 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 ยงย 92.1.[3]
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 on the basis of data obtained from
the National Oceanographic and Atmospheric Administration (NOAA).
The specific area of land where any regulated activities
in the Township 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
Part 1.
A rainfall-runoff relation used to estimate peak flow.
Earth disturbance activities on land which has previously
been developed.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff. Regulated activities include but are not limited
to the following listed items:
Earth disturbance activities.
Land development.
Subdivision.
Construction of new or additional impervious or semipervious
surfaces.
Construction of new buildings or additions to existing buildings.
Diversion or piping of any natural or man-made stream channel.
Installation of stormwater management facilities or appurtenances
thereto.
Installation of stormwater BMPs.
The percentage of predevelopment peak rate of runoff from
a site or subwatershed area to which the post-development peak rate
of runoff must be reduced to protect downstream areas.
Those subwatershed areas in which post-development flows
must be reduced to a certain percentage of predevelopment flows as
required to meet the plan requirements and the goals of Act 167.
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 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 recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years; or stated in another way, the probability of a twenty-five-year
storm occurring in any one given year is 0.04 (i.e., a four-percent
chance).
A vegetated area bordering perennial and intermittent streams
and wetlands that serves as a protective filter to help protect streams/wetlands
from the impacts of adjacent land uses.
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 right-of-way,
such as grading and repairing existing unpaved road surfaces, cutting
road banks, cleaning or clearing drainage ditches, and other similar
activities. Road maintenance activities that do not disturb the subbase
of a paved road (such as milling and overlays) are not considered
earth disturbance 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.
The volume of runoff that is captured (retained) and not
released into surface waters of the commonwealth during or after a
storm event.
Soils or other materials transported by surface water as
a product of erosion.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by stormwater runoff.
The placement, discharge, or any other introduction of sediment
into waters of the commonwealth occurring from the failure to properly
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this Part 1.
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, municipal 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).
A depression in the embankment of a pond or basin, or other
overflow structure, that is used to pass peak discharges 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, 35 P.S. ยงย 691.1 et seq.
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 also "return
period."
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
Runoff from the surface of the land resulting from precipitation,
snow, or ice melt.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff.
The Pennsylvania Storm Water Management Act, 32 P.S. ยงย 680.1
et seq.
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.
The Butler County Stormwater Management Plan for managing
stormwater runoff in Butler County as required by Act 167.
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the project site
in accordance with this Part 1.
A bridge, culvert, or other structure in excess of 100 feet
in length upstream to downstream which encloses regulated waters of
the commonwealth.
Chapter 22, Subdivision and Land Development, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
The smallest drainage unit of a watershed for which stormwater
management criteria has been established in the stormwater management
plan.
A low-lying stretch of land that 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.
Jackson Township, Butler County, Pennsylvania.
The professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the Engineer of the Township
or his designee.
The Planning Commission of Jackson Township.
The United States Department of Agriculture, or its successor
entity.
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
Area drained by a river, watercourse, or other surface water,
whether natural or artificial.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface and
underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of the Commonwealth of Pennsylvania.
Those 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 term includes, but is
not limited to, wetland areas listed in the state water plan, the
United States Forest Service Wetlands Inventory of Pennsylvania and
a wetland area designated by a river basin commission. This definition
is used by the United States Environmental Protection Agency and the
United States Army Corps of Engineers.)
Chapter 27, Zoning, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
[1]
Editor's Note: See 32 P.S. ยงย 680.1 et seq.
[2]
Editor's Note: See 33 U.S.C. ยงย 1251 et seq.
[3]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania
Code was reserved 10-8-2010, effective 10-9-2010. See now 25 Pa. Code
ยงย 92a.2.
[4]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania
Code was reserved 10-8-2010, effective 10-9-2010. See now Chapter
92a, National Pollutant Discharge Elimination System Permitting, Monitoring
and Compliance.
[5]
Editor's Note: See 35 P.S. ยงย 691.1 et seq.