Borough of Mechanicsburg, PA Definitions.

[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009; and by Ord. 1121, 3/15/2011]

In addition to the following terms, the words and phrases which are used in this Part 1 and not defined below shall have the meanings assigned by Chapter 22, Subdivision and Land Development, of this Code.

As used in this Part 1, the following terms shall have the meanings indicated:

AGRICULTURAL ACTIVITY

The work of producing crops, including tillage, land clearing, plowing, discing, harrowing, planting, harvesting crops, pasturing and raising of livestock, and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.

APPLICANT

A landowner, subdivider, 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.

BEST MANAGEMENT PRACTICES (BMPs)

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: "structural" or "nonstructural." In this Part 1, 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.

BOROUGH

The Borough of Mechanicsburg, Cumberland County, Pennsylvania; Mechanicsburg Borough.

BOROUGH COUNCIL

The governing body of the Borough of Mechanicsburg, Cumberland County, Pennsylvania.

BOROUGH ENGINEER

An engineer or representative of an engineering firm duly registered in Pennsylvania and designated by the Borough Council as the Engineer of or for the Borough of Mechanicsburg.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CODE

The Code of Ordinances of the Borough of Mechanicsburg.

CONSERVATION DISTRICT

A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P.S. § 851(c)], which has the authority under a delegation agreement executed with the DEP to administer and enforce all or a portion of the erosion and sediment control program in this commonwealth.

CULVERT

A structure with appurtenant works which carries a watercourse under or through an embankment of fill.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEP

The Pennsylvania Department of Environmental Protection.

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. Also see "return period."

DETENTION BASIN

A reservoir which temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater drainage system.

DETENTION VOLUME

The volume of runoff that is captured and then infiltrated, evaporated, reused, or released into the waters of this commonwealth at a controlled rate.

DEVELOPER

Any person who undertakes land disturbance activities as defined in this Part 1.

DEVELOPMENT SITE (SITE)

See "project site."

DISCONNECTED IMPERVIOUS AREA (DIA)

An impervious or impermeable surface which has its stormwater runoff 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.[1]

DISTURBED AREA

An unstabilized land area where an earth disturbance activity is occurring or has occurred.

DRAINAGE EASEMENT

A right granted in perpetuity by a landowner to a grantee, allowing the use of private land for stormwater management purposes.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs or exposes the underlying soil, 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 term includes but is not limited to major and minor land disturbance activities.

EROSION

The natural process by which the surface of the land is worn away by water, wind or chemical action.

EXISTING CONDITION

The initial condition of a project site prior to the proposed construction or earth disturbance.

FEMA

The Federal Emergency Management Agency.

FLOODPLAIN

The lowland and relatively flat areas adjoining inland and coastal waters, including, at a minimum, that area subject to a 1% or greater chance of flooding in any given year.

FLOODWAY

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.

FOREST MANAGEMENT/TIMBER OPERATIONS

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.

HYDROLOGIC SOIL GROUP (HSG)

Refers to soils grouped according to their runoff-producing characteristics. The chief consideration is the inherent capacity of soil bare of vegetation to permit infiltration. 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[2]).

IMPERVIOUS SURFACE (IMPERVIOUS AREA)

A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include but not be limited to roofs used to cover indoor living spaces, patios, garages, storage sheds and similar structures, parking areas or lots, driveways and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas if they allow for infiltration.

KARST

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.

LAND DEVELOPMENT (DEVELOPMENT)

Inclusive of 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:

(1)

A group of two or more 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

(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;

Any subdivision of land as defined in the Pennsylvania Municipalities Planning Code, Act of July 31,1968, P.L. 805, No. 247, 53 P.S. § 10107;

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[3]

LAND DISTURBANCE ACTIVITY

An earth disturbance activity which involves the use of land for the following categories:

(1)

MAJOR LAND DISTURBANCEThe use of land involving:

(a)

Installation of new impervious or semi-impervious surface that is either in excess of 4,000 square feet or 1/2 of the total lot area;

(b)

Diversion or piping of any natural or man-made watercourse; or

(c)

Removal of ground cover, grading, filling, or other excavation in excess of one acre, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District.

(2)

MINOR LAND DISTURBANCEThe use of land involving:

(a)

The installation of new impervious or semi-impervious surface between 1,000 and 4,000 square feet; or

(b)

Removal of ground cover, grading, filling or excavation between 4,000 square feet and one acre, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District.

For the purpose of defining minor and major land disturbances, area calculations are cumulative.

NRCS

The USDA Natural Resources Conservation Service (previously SCS).

PEAK DISCHARGE

The maximum rate of stormwater runoff from a specific storm event.

PERSON

Any individual, group of individuals, unincorporated association, partnership, corporation, limited liability partnership, limited liability company and any other form of entity.

PERVIOUS AREA

Any area neither defined as impervious nor semi-impervious.

PROJECT SITE

The specific area of land where any regulated activities in the Borough are planned, conducted or maintained.

QUALIFIED PROFESSIONAL

Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this Part 1.

REGULATED ACTIVITIES

Includes but is not limited to any earth disturbance activities, any activities that involve the alteration or development of land or land development in a manner that may affect stormwater runoff as specified in § 26-105.

REGULATED EARTH DISTURBANCE ACTIVITY

Activity involving earth disturbance subject to regulation under 25 Pa. Code, Chapter 92a, Chapter 102, or the Clean Streams Law.[4]

[Amended by Ord. 1170, 3/16/2021]

RETENTION BASIN

A reservoir designed to retain stormwater runoff, with its primary release of water being through the infiltration of said water into the ground.

RETENTION VOLUME/REMOVED RUNOFF

The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event.

RETURN PERIOD

The avenge 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).

RUNOFF

Any part of precipitation that flows over the land.

SEDIMENT

Soils or other materials transported by surface water as a product of erosion.

SEDIMENTATION BASIN

A reservoir designed to retain sediment.

SEMI-IMPERVIOUS SURFACE

A surface, such as stone, rock or other material, which prevents some percolation of water into the ground.

STATE WATER QUALITY REQUIREMENTS

The regulatory requirements to protect, maintain, reclaim, and restore water quality under Pennsylvania Code Title 25 and the Clean Streams Law.[5]

STORM SEWER

A system of pipes, conduits, swales or other similar structures, including appurtenant works, which carries intercepted runoff and other drainage, but excludes domestic sewage and industrial waste.

STORMWATER

Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

STORMWATER MANAGEMENT

A program of controls and measures designed to regulate the quantity and quality of stormwater runoff from a development while promoting the protection and conservation of groundwater and groundwater recharge.

STORM WATER MANAGEMENT ACT

The Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended.

STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES

Abbreviated as "BMPs" or "SWM BMPs" throughout this Part 1.

STORMWATER MANAGEMENT FACILITY

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.

STORMWATER MANAGEMENT PLAN

The Cumberland County Stormwater Management Plan for managing stormwater runoff, adopted by the County of Cumberland as required by the Storm Water Management Act, the Act of October 4, 1978, P.L. 864 (Act 167), as amended.

STORMWATER MANAGEMENT SITE PLAN

The plan prepared by the developer, Borough, or other entity, indicating how stormwater runoff will be managed at the development site in accordance with this Part 1. "Stormwater management site plan" will be designated as "SWM site plan" throughout this Part 1.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10107.

USDA

The United States Department of Agriculture.

WATERCOURSE

A permanent or intermittent stream, river, brook, creek, run, channel, swale, pond, lake, or other body of water, whether natural or man-made, for gathering or carrying surface water.

WATERSHED

A region or area drained by a river, watercourse or other surface water of the commonwealth.

WATERS OF THIS COMMONWEALTH

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 this commonwealth.

WETLAND

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, fens, and similar areas.

[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

[2]

Note: United States Department of Agriculture (USDA), National Resources Conservation Service (NRCS), National Engineering Handbook, Part 630: Hydrology, 1969-2001; originally published as the National Engineering Handbook, Section 4: Hydrology; available online at: http://www.wcc.nrcs.usda.gov/hydro/hydrotechref-neh-630.html; United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 1986, Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition, Washington, D.C.

[3]

Editor's Note: See 53 P.S. § 10503(1.1).

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

[5]

Editor's Note: See 35 P.S. § 691.1 et seq.