As used in this chapter, the following terms shall have the
following meanings:
The Act of October 4, 1978, P.L. 864 (Act 167), as amended,
and known as the "Stormwater Management Act."[1]
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,
and 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.
The tilling of the soil, the raising of crops, forestry,
horticulture, viniculture and gardening, including the keeping or
raising of livestock, such as cattle, cows, hogs, horses, sheep, goats,
poultry, rabbits, birds, fish, bees, and other similar animals. This
definition includes greenhouses which sell horticultural and garden
plants grown on site, but excludes greenhouses with retail sales of
products germinated and grown off site, and also excludes intensive
animal operations as defined herein. Agriculture also includes the
incidental slaughter for personal consumption of livestock which have
been raised on the site.
A landowner, developer, or other person who has filed an
application to the Township for approval to engage in any regulated
activity at a project site in the Township.
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 or 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.
The Pennsylvania Stormwater Best Management Practices Manual,
as amended and updated.
The Board of Supervisors of the Township of Hellam, York
County, Pennsylvania.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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 the DEP to administer and enforce all or a portion of
the regulations promulgated under 25 Pa. Code § 102.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
York County, Pennsylvania.
A structure with appurtenant works which carries a watercourse
under or through an embankment of fill.
An impoundment structure regulated by the Pennsylvania DEP
Chapter 105 regulations.
The deliberate appropriation of property by its owner for
general public use.
The Pennsylvania Department of Environmental Protection or
any other successor thereto.
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 or for whom subdivision or land development
plans are being or have been made.
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.[2]
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
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.
A site-specific plan consisting of both drawings and a narrative
identifying BMPs required to minimize accelerated erosion and sedimentation
before, during and after earth disturbance activity.
[Amended 7-17-2014 by Ord. No. 2014-02]
The 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 the most current and 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.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 415-31 of this chapter.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
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, swimming
pools, 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.
[Amended 7-17-2014 by Ord. No. 2014-02]
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR 122.26(b)(14).
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.
Shall include 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.[3]
The use of land for activities in the following categories:
Major land disturbance. The use of land involving:
Installation of new impervious surface that is either in excess
of 5,000 square feet or 2/3 of the total lot area, whichever is less;
or
Diversion or piping of any natural or man-made watercourse;
or
Removal of ground cover, grading, filling, or other excavation
in excess of 5,000 square feet, except for the agricultural use of
land when operated in accordance with the requirements of 25 Pa. Code
§ 102.
Minor land disturbance. The use of land involving:
Minimal residential disturbance. The use of land involving:
[Amended 2-2-2017 by Ord.
No. 2017-01]
The installation of new impervious surface greater than 500
square feet and less than 1,000 square feet for the expressed purpose
of installing a patio, shed, garage, deck, garden pond, gazebo, swimming
pool, paved parking space, etc., as an ancillary use to the principal
residential use of the property. The total existing and proposed impervious
coverage area of such improvements will be considered whether such
improvements are constructed at the same time or in phases.
Removal of ground cover, grading, filling or excavating greater
than 500 square feet and less than 1,000 square feet which may impact
drainage patterns or drainage easements and flow paths to watercourses
or municipal storm systems.
For the purpose of defining all land disturbances, area calculations
are cumulative.
The Township of Hellam, York County, Pennsylvania.
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Township and designed or used for collecting or conveying stormwater,
and that is not used for collecting or conveying sewage. See also
"storm drainage system."
[Amended 7-17-2014 by Ord. No. 2014-02]
Any discharge to the storm drain system that is not composed
entirely of stormwater.
The National Pollutant Discharge Elimination System.
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
The USDA Natural Resources Conservation Service (previously
SCS).
Operation and maintenance.
Operation and maintenance plan.
Post-construction stormwater management plan.
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
The downward movement, under the influence of gravity, of
water under hydrostatic pressure through interstices of the soil or
rock.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Any area not defined as impervious.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnance, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The specific area of land where any regulated activities
in the Township are planned, conducted, or maintained.
Any person licensed or registered by the Commonwealth of
Pennsylvania or otherwise qualified by law to perform the work required
by this chapter.
A graphic drawing of the original facilities or design showing
those changes made during the construction process.
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 § 92, 25 Pa. Code § 102, or
the Clean Streams Law.[4]
An impoundment in which stormwater is stored and not released
during a storm event, the primary release of stored water being through
the infiltration of said water into the ground.
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 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.
The surface components of any watershed which, either individually
or in any combination thereof, directly affect the rate, amount and
direction of stormwater runoff. These may include, but are not limited
to, vegetation, soils, slopes and any type of man-made landscape alterations.
Soils or other materials transported by surface water as
a product of erosion.
A barrier, dam, or retention or detention basin designed
to retain sediment.
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.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or -altered drainage channels, reservoirs, and other drainage structures.
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.
Is abbreviated as "BMPs" or "SWM BMPs" throughout this chapter.
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 "Stormwater
Management Act."[5]
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 watercourses, groundwater
and groundwater recharge.
A permit issued by the Township after a stormwater management
site plan has been approved.
[Amended 7-17-2014 by Ord. No. 2014-02]
The plan prepared by the applicant 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.
[Amended 7-17-2014 by Ord. No. 2014-02]
A plan developed by a facility or entity that thoroughly
evaluates potential pollutant sources at a site and selects and implements
appropriate best management practice measures designed to prevent
or control the discharge of pollutants in stormwater runoff.
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 Township of Hellam, York County, Pennsylvania.
The United States Department of Agriculture.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permanent or intermittent stream, river, brook, creek,
channel, or swale, pond, lake, or other body of surface water carrying
or holding surface water, whether natural or artificial.
A region or area drained by a river, watercourse, or other
surface water of this commonwealth.
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.
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.
