[Ord. 954, 12/19/2013]
The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.Â
Words used or defined in one tense or form shall include other tenses
or derivative forms.
B.Â
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
C.Â
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
D.Â
The word "person" includes individuals, firms, partnerships, joint
ventures, trusts, trustees, estates, corporations, associations and
any other similar entities.
E.Â
The word "lot" includes the words "plot," "tract" and "parcel."
F.Â
The words "shall," "must" and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
G.Â
The time within which any act required by this chapter is to be performed
shall be computed by excluding the first day and including the last
day. However, if the last day is a Saturday or Sunday or a holiday
declared by the United States Congress or the Pennsylvania General
Assembly, it shall also be excluded. The word "day" shall mean a calendar
day, unless otherwise indicated.
I.Â
References to officially adopted regulations, standards or publications
of the DEP or other governmental agencies shall include the regulation,
publication or standard in effect on the date when an SWM site plan
is first filed. It is the intent of the Elizabethtown Borough Council
in enacting this section to incorporate such changes to statutes,
regulations and publications to the extent authorized by 1 Pa. C.S.A. § 1937.
[Ord. 954, 12/19/2013]
As used in this chapter, the following terms shall have the
meanings indicated:
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate greater
than would occur because of the natural process alone.
A right granted by a landowner to a grantee, allowing entry
for the purpose of inspecting, maintaining and repairing SWM facilities.
A plan prepared under the authority of the Stormwater Management
Act.
Activities associated with agriculture, such as agricultural
cultivation, agricultural operation and animal heavy-use areas. This
includes the work of producing crops and raising livestock, including
tillage, land clearing, plowing, disking, harrowing, planting, harvesting
crops or pasturing and raising of livestock and installation of conservation
practices. Construction of new buildings or impervious areas 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;
also the changing of surface conditions by causing the surface to
be more or less impervious; earth disturbance activity.
A barnyard, feedlot, loafing area, exercise lot or other
similar area on an agricultural operation where, due to the concentration
of animals, it is not possible to establish and maintain vegetative
cover of a density capable of minimizing accelerated erosion and sedimentation
by usual planting methods. The term does not include entrances, pathways
and walkways between areas where animals are housed or kept in concentration.
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application to
the Borough of Elizabethtown for approval to engage in any regulated
activity at a development site located within the Borough.
Activities, facilities, control measures, planning or procedures
used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim and restore the quality of
waters and the existing and designated uses of waters within this
commonwealth before, during and after earth disturbance activities.1 See also "nonstructural BMPs" and "structural BMPs."
The Pennsylvania Stormwater Best Management Practices Manual
of December 2006.
The Borough of Elizabethtown, Lancaster County, Pennsylvania.
The governing body of the Borough.
Any enclosed or open structure, other than a boundary wall
or fence, occupying more than four square feet of area and/or having
a roof supported by columns, piers or walls.
Limestone or dolomite bedrock. Carbonate geology is often
associated with karst topography.
Documentation verifying that all permanent SWM facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
25 Pa. Code, Chapter 102, Erosion and Sediment Control.
25 Pa. Code, Chapter 105, Dam Safety and Waterway Management.
25 Pa. Code, Chapter 106, Floodplain Management.
A reservoir or tank for storing rainwater.
The 1972 amendments to the Federal Water Pollution Control
Act, P.L. 92-500 of 1972, 33 U.S.C. § 1251 et seq.
The Lancaster County Conservation District or any agency
successor thereto which shall administer and enforce Chapter 102.
A plan written by an NRCS-certified planner that identifies
conservation practices and includes site-specific BMPs for agricultural
plowing or tilling activities and animal heavy-use areas.
Practices installed on agricultural lands to improve farmland,
soil and/or water quality, which have been identified in a conservation
plan.
(n) Any structure that carries a flow. (v) The ability of
a pipe, culvert, swale or similar facility to carry the peak flow
from the design storm.
A structure, with appurtenant works, which can convey a stream
under or through an embankment or fill.
The Pennsylvania Department of Conservation and Natural Resources.
The Pennsylvania Department of Environmental Protection or
any agency 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 SWM systems.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a controlled
rate.
A person who undertakes any regulated activity of this chapter.
The specific area of land where regulated activities in the
Borough are planned, conducted or maintained.
A stream in an area underlain by limestone or dolomite that
flows underground for a portion of its length.
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. For use in small project plans
only.
A land area where an earth disturbance activity is occurring
or has occurred.
Rights to occupy and use another person's real property for
the installation and operation of stormwater management facilities,
or for the maintenance of natural drainage ways to preserve and maintain
a channel for the flow of stormwater therein, or to safeguard health,
safety, property and facilities.
Erosion and sediment.
The DEP Erosion and Sediment Pollution Control Manual, No.
363-2134-008.
A site-specific plan consisting of both drawings and a narrative
that identifies BMPs to minimize accelerated erosion and sedimentation
before, during and after earth disturbance activities.
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; operation of animal heavy-use areas; timber harvesting
activities; road maintenance activities; oil and gas activities; well
drilling; mineral extraction; building construction; and the moving,
depositing, stockpiling or storing of soil, rock or earth materials.1
Slopes greater than 15%, shallow bedrock (located within
six feet of ground surface2), wetlands,
natural heritage areas and other areas designated as "conservation"
or "preservation" in Greenscapes, the Green Infrastructure Element
of the County Comprehensive Plan, where encroachment by land development
or land disturbance results in degradation of the natural resource.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action. See also "accelerated erosion,"
as defined above.
Released from meeting ordinance requirements when project
conditions meet the criteria listed in § 401, Subsection
1.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
The Federal Emergency Management Agency or any agency successor
thereto.
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 this commonwealth.
The portion of the floodplain outside of the floodway.3
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; also, the area
of inundation that functions as a storage or holding area for floodwater
to a width required to contain a base flood of which there is a one-percent
chance of occurrence in any given year. The floodplain contains both
the floodway and the flood fringe.
The Act of October 4, 1978, P.L. 851, No. 166, as amended,
32 P.S. § 679.101 et seq.
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the one-hundred-year (1%) 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 (1%) frequency 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.4
Planning and activities necessary for the management of forest
land. These include conducting a timber inventory and preparation
of forest management plans, silvicultural treatment, cutting budgets,
logging road design and construction, timber harvesting, site preparation
and reforestation.
The probability or chance that a given storm event/flood
will be equaled or exceeded in a given year.
(n) A slope, usually of a road, channel or natural ground,
specified in percent and shown on plans as specified herein. (v) To
finish the surface of a roadbed, top of embankment or bottom of excavation.
The process by which water from above the ground surface
is added to the saturated zone of an aquifer, either directly or indirectly.
Refers to soils grouped according to their runoff-producing
characteristics by NRCS. There are four runoff potential groups ranging
from A to D.
(Low runoff potential) Soils having high infiltration rates
even when thoroughly wetted and consisting chiefly of deep, well to
excessively drained sands or gravels. These soils have a high rate
of water transmission (greater than 0.30 inch per hour).
Soils having moderate infiltration rates when thoroughly wetted
and consisting chiefly of moderately deep to deep, moderately well
to well drained soils with moderately fine to moderately coarse textures.
These soils have a moderate rate of water transmission (from 0.15
to 0.30 inch per hour).
Soils having slow infiltration rates when thoroughly wetted
and consisting chiefly of soils with a layer that impedes downward
movement of water, or soils with moderately fine to fine texture.
These soils have a slow rate of water transmission (from 0.05 to 0.15
inch per hour).
(High runoff potential) Soils having very slow infiltration
rates when thoroughly wetted and consisting chiefly of clay soils
with a high swelling potential, soils with a permanent high water
table, soils with a clay pan or clay layer at or near the surface,
and shallow soils over nearly impervious material. These soils have
a very slow rate of water transmission (from zero to 0.05 inch per
hour).
Any man-made physical connection or prohibited connection
to the MS4 that conveys an illicit discharge.
[Added by Ord. No. 1004, 8/18/2022]
Any discharge to the MS4 that is not composed entirely of
stormwater or polluted stormwater, except for discharges allowed under
an NPDES permit, discharges conditionally allowed under the MS4 permit,
and discharges authorized by this chapter as set forth in § 901,
Subsection 3.
[Added by Ord. No. 1004, 8/18/2022]
Surfaces which prevent the infiltration of water into the
ground. All structures, buildings, parking areas, driveways, roads,
streets, sidewalks, decks and any areas of concrete, asphalt, packed
stone and compacted soil shall be considered impervious surface if
they prevent infiltration. In addition, other areas determined by
the Borough to be impervious within the meaning of this definition
will also be classified as impervious surfaces.
A retention or detention facility designed to retain stormwater
runoff and infiltrate it into the ground (in the case of a retention
basin) or release it at a controlled rate (in the case of a detention
basin).
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trenches, rain gardens, vegetated
swales, pervious paving, infiltration basins, etc.).
A surface connection to a closed drain; the upstream end
of any structure through which water may flow.
A natural, transient body or conveyance of water that exists
for a relatively long time, but for weeks or months of the year is
below the local water table and obtains its flow from both surface
runoff and groundwater discharges.
Plants which grow quickly and aggressively, spreading and
displacing other plants. Invasives typically are introduced into a
region far from their native habitat. See Invasive Plants in Pennsylvania
by the Department of Conservation and Natural Resources at www.dcnr.state.pa.us/forestry/plants/invasiveplants/index.htm.
A type of topography or landscape characterized by features
including, but not limited to, surface depressions, sinkholes, rock
pinnacles/uneven bedrock surface, underground drainage and caves.
Karst is formed on carbonate rocks, such as limestone or dolomite.
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, 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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[1]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A rock formation, other stratum or soil condition which is
so slowly permeable that it effectively limits downward passage of
effluent.12 Seasonal high-water tables,
whether perched or regional, also constitute a limiting zone.
A linear feature in a landscape which is an expression of
an underlying geological structure such as a fault.
An equation 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. Manning's
Equation assumes steady, gradually varied flow.
Applies when the applicant demonstrates to the Borough's
satisfaction that the performance standard is not achievable. The
applicant shall take into account the best available technology, cost-effectiveness,
geographic features and other competing interests, such as protection
of human safety and welfare, protection of endangered and threatened
resources and preservation of historic properties, in making the assertion
that the performance standard cannot be met and that a different means
of control is appropriate.
A limited, relatively flat area of low vegetation dominated
by grasses, either in its natural state or used as pasture or for
growing hay.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101
et seq.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains), which is all of the following:
Owned or operated by a state, city, town, borough, township,
county, district, association or other public body (created under
state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes;
Designed or used for collecting or conveying stormwater;
Not a combined sewer; and
Not part of a publicly owned treatment works as defined at 40
CFR 122.2.
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18), or designated as regulated under 40 CFR 122.26(a)(1)(v).
The NPDES permit regulating discharges from the MS4 issued
to the Borough by DEP.
[Added by Ord. No. 1004, 8/18/2022]
A permit issued under 25 Pa. Code, Chapter 92a (relating
to National Pollutant Discharge Elimination System permitting, monitoring
and compliance), for the discharge or potential discharge of pollutants
from a point source to surface waters.
Plant species that have evolved or are indigenous to a specific
geographical area. These plants are adapted to local soil and weather
conditions as well as pests and diseases.
An existing channel for water runoff that was formed by natural
processes.
Ground cover which mimics the infiltration characteristics
of the predominant hydrologic soil group found at the site.
Any source of water pollution that does not meet the legal
definition of "point source" in Section 502(14) of the Clean Water
Act.
Planning and design approaches, operational and/or behavior-related
practices which minimize stormwater runoff generation resulting from
an alteration of the land surface or limit contact of pollutants with
stormwater runoff.
The Natural Resources Conservation Service (previously Soil
Conservation Service, or SCS).
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
flowing partly full. Open channels may include closed conduits so
long as the flow is not under pressure.
A point where water flows from a conduit, stream, pipe or
drain.
The maximum rate of stormwater runoff from a specific storm
event.
The Pennsylvania Department of Transportation or any agency
successor thereto.
A certificate issued to the applicant by the Borough or Borough-designated
agent acknowledging receipt and satisfactory review of the submitted
application in compliance with the provisions of this chapter.
Any material/surface that allows water to pass through at
a rate equal to or greater than natural ground cover.
A culvert, closed conduit or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of the Borough.
The SWM and erosion and sediment control plans and narratives.
Water that comes in contact with any raw material, product,
by-product or waste during any production or industrial process.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
SWM controls used to manage the peak flows for the purposes
of channel protection and flood mitigation.
A rainfall-runoff relation used to estimate peak flow.
Any physical improvement to a previously developed lot that
involves earthmoving, removal or addition of impervious surfaces.
A plan to manage stormwater runoff from an area larger than
a single development site. A regional stormwater management plan could
include two adjacent parcels, an entire watershed or some defined
area in between. Regional stormwater management plans can be prepared
for new development or as a retrofit to manage runoff from already
developed areas.
Activities, including earth disturbance activities, that
involve the alteration or development of land in a manner that may
affect stormwater runoff. Regulated activities shall include, but
not be limited to:
[Amended by Ord. No. 1004, 8/18/2022]
Land development subject to the requirements of Chapter 22, Subdivision and Land Development.
Removal of ground cover, grading, filling or excavation.
Construction of new or additional impervious or semi-impervious
surfaces (driveways, parking lots, etc.), and associated improvements.
Construction of new buildings or additions to existing buildings.
Installation or alteration of stormwater management facilities
and appurtenances thereto.
Diversion or piping of any watercourse.
Any other regulated activities where the Borough determines
that said activities may affect any existing watercourse's stormwater
management facilities or stormwater drainage patterns.
Any activities where the Borough determines that said activities
may affect the water quality of stormwater discharges or generate
nonstormwater discharges to the MS4 and/or receiving water bodies.
For a specific design storm or list of design storms, the
percentage of peak flow rate for existing conditions which may not
be exceeded for the proposed conditions.
A stormwater management facility that includes a permanent
pool for water quality treatment and additional capacity above the
permanent pool for temporary runoff storage.
Pertaining to a stream, river or other watercourse; also,
plant communities occurring in association with any spring, lake,
river, stream or creek through which waters flow at least periodically.6
A BMP that is an area of permanent vegetation along a watercourse;
plantings to be determined based on site conditions (i.e., soils)
and the types of plants and vegetation indigenous to the development
area.
A narrow strip of land, centered on a stream or river, that
includes the floodplain as well as related riparian habitats adjacent
to the floodplain.
An easement created for the purpose of protecting and preserving
a riparian corridor.
A type of riparian buffer that consists of permanent vegetation
that is predominantly native trees, shrubs and forbs along a watercourse
that is maintained in a natural state or sustainably managed to protect
and enhance water quality, stabilize stream channels and banks and
separate land use activities from surface waters.
Temporary ponding and gradual release of stormwater falling
directly onto roof surfaces by incorporating controlled-flow roof
drains into building designs.
Any part of precipitation that flows over the land surface.
The United States Department of Agriculture, Soil Conservation
Service (now known as "NRCS").
Soils or other materials transported by stormwater as a product
of erosion.1
The action or process of forming or depositing sediment in
waters of this commonwealth.1
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt or other material transported
by water during construction.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
An area of excavated earth filled with clean, loose stone
or similar coarse material, into which surface water is directed for
infiltration into the ground.
A surface which prevents some infiltration of water into
the ground.
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A storm having a frequency of recurrence of once every two
years or smaller.
A method of runoff computation developed by the SCS (now
NRCS) that is based on relating soil type and land use/cover to a
runoff parameter called "curve number (CN)." For more information,
see "Urban Hydrology for Small Watersheds," Second Edition, Technical
Release No. 55, SCS, June 1986 (or most-current edition).
See "hydrologic soil group."
The regulatory requirements to protect, maintain, reclaim
and restore water quality under Title 25 of the Pennsylvania Code,
the Clean Streams Law and the Clean Water Act.
A volume above or below ground that is available to hold
stormwater.
A storm of a specific duration, intensity and frequency.
A system of pipes and/or open channels designed to convey
stormwater.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
The Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq.
See "BMP."
Any structure, natural or man-made, that, due to its condition,
design or construction, conveys, stores, infiltrates/evaporates/transpires,
cleans or otherwise affects stormwater runoff. Typical SWM facilities
include, but are not limited to, detention and retention basins, open
channels, watercourses, road gutters, swales, storm sewers, pipes,
BMPs and infiltration structures.
A plan, including a narrative, to ensure proper functioning and maintenance of the SWM facilities in accordance with Part 6 of this chapter.
The plan prepared by the developer or his representative
identifying regulated earth disturbance activities and indicating
how stormwater runoff will be managed at a particular development
site according to this chapter. Stormwater (SWM) plans shall be classified
and addressed as follows:
SMALL PROJECT PLANRegulated activities on existing lots of record that, measured on a cumulative basis from December 19, 2013, create additional impervious areas of 1,001 square feet to 2,000 square feet and/or involve an earth disturbance activity such as removal of ground cover, grading, filling or excavation of an area less than 5,000 square feet and do not involve the alteration of stormwater facilities or watercourses.
[Amended by Ord. No. 1004, 8/18/2022]
MINOR STORMWATER MANAGEMENT (SWM) PLANThe use of land for any purpose involving:
Installation of new impervious or semi-impervious surface between
2,001 and 5,000 square feet; or
Removal of ground cover, grading, filling or excavation between
5,000 square feet and an acre (43,560 square feet), except for the
agricultural use of land when operated in accordance with a farm conservation
plan approved by the Conservation District.
MAJOR STORMWATER MANAGEMENT (SWM) PLANThe use of land for any purpose involving:
Installation of new impervious or semi-impervious surface that
is either in excess of 5,001 square feet; or
Diversion of piping of any natural or man-made watercourse;
or
Any use within the floodplain area; or
Removal of ground cover, grading, filling or 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 Conservation
District.
A watercourse.
Physical devices and practices that capture and treat stormwater
runoff. Structural stormwater BMPs are permanent appurtenances to
the development site.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a single lot, tract or parcel
of land by any means into two or more lots, tracts, 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 devises, 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.
A low lying stretch of land which gathers or carries surface
water runoff.
Stormwater management.
A stormwater management site plan.
See "forest management."
The time for surface runoff to travel from the hydraulically
most-distant point (representative of the project) 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.
The first substantial break in slope between the edge of
the bed of the stream and the surrounding terrain. The top of stream
bank can either be a natural or constructed (that is, road or railroad
grade) feature, lying generally parallel to the watercourse.
The sequencing of structural best management practices to
achieve optimal flow management and pollutant removal from urban stormwater.
The United States Department of Agriculture or any agency
successor thereto.
SWM controls, or BMPs, used to remove a predetermined amount
of runoff or the increase in volume between the pre- and post-development
design storm.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a watercourse.
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 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, fens, and similar areas.
Land predominantly covered with trees and shrubs. Without
limiting the foregoing, woodlands include all land areas of 10,000
square feet or greater, supporting at least 100 trees per acre, so
that either:
[1]
Editor's Note: See 53 P.S. § 10503.
