For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
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.
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.
The word "person" includes an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any section prescribing or imposing a penalty, the term "person" shall include the members of a partnership, the officers, members, servants and agents of an association, officers, agents and servants of a corporation, and the officers of a municipality.
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
The words "used" or "occupied" include the words "intended, designed, maintained, or arranged to be used, occupied, or maintained."
The definitions in this chapter are for the purposes of enforcing the provisions of this chapter and have no bearing on other Township regulations or ordinances.
[Amended 12-15-2014 by Ord. No. 424-14]
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL ACTIVITY
- Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops, including tillage, plowing, disking, harrowing, planting or 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.
- A landowner, developer, or other person who has filed an
application to the Township for approval to engage in any regulated
activity as defined in this chapter.[Amended 12-15-2014 by Ord. No. 424-14]
- AS-BUILT PLANS (DRAWINGS)
- Engineering or site plans or drawings that document the actual locations, dimensions and elevations of the improvements and building components and changes made to the original design plans. The final version of these documents, or a copy of same, are signed and sealed by a qualified licensed professional and submitted to the Township within 90 days from substantial completion of the project, as per the requirements of § 388-31 of this chapter, as final as-built plans.[Amended 12-15-2014 by Ord. No. 424-14]
- The channel at the top-of-bank or point from where water begins to overflow onto a floodplain.
- Portion of stream discharge derived from groundwater; the sustained discharge that does not result from direct runoff or from water diversions, reservoir releases, piped discharges, or other human activities.
- BMP (BEST MANAGEMENT PRACTICE)
- Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, 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 site.
- See "riparian buffer."
- CARBONATE GEOLOGY (or CARBONATE ROCK FORMATIONS)
- See "karst."
- Cubic feet per second.
- A natural or artificial open drainage feature that conveys, continuously or periodically, flowing water and through which stormwater flows. Channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.
- Curve number.
- Commonwealth of Pennsylvania.
- CONSERVATION DISTRICT
- The Chester County Conservation District.
- CONSERVATION PLAN
- A plan written by a planner certified by NRCS that identifies conservation practices and includes site-specific BMPs for agricultural plowing or tilling activities and animal heavy use areas.
- CONSERVATION PRACTICES
- Practices installed on agricultural lands to improve farmland, soil and/or water quality which have been identified in a current conservation plan.
- A natural or man-made, existing or proposed facility, feature or channel used for the transportation or transmission of stormwater from one place to another. For the purposes of this chapter, "conveyance" shall include pipes, drainage ditches, channels and swales (vegetated and other), gutters, stream channels, and like facilities or features.
- 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
- An impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely shortly after any given rainfall event.
- DETENTION (or TO DETAIN)
- Capture and temporary storage of runoff in a stormwater management facility for release at a controlled rate.
- DETENTION VOLUME
- The volume of runoff that is captured and released into the waters of the commonwealth at a controlled rate.
- A person who seeks to undertake any regulated activities
at a site in the Township.[Amended 12-15-2014 by Ord. No. 424-14]
- DIAMETER AT BREAST HEIGHT (DBH)
- The outside bark diameter of a tree at breast height which is defined as 4.5 feet (1.37 meters) above the forest floor on the uphill side of the tree.
- DISTURBED AREA
- Land area disturbed by or where an earth disturbance activity is occurring or has occurred.
- DRAINAGE AREA
- That land area contributing runoff to a single point (including but not limited to the point/line of interest used for hydrologic and hydraulic calculations) and that is enclosed by a natural or man-made ridgeline.
- EARTH DISTURBANCE (or EARTH DISTURBANCE ACTIVITY)
- 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; land development; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
- A right of use granted by a landowner to allow a grantee the use of the designated portion of land for a specified purpose, such as for stormwater management or other drainage purposes.
- The process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan required by the Conservation District or the Township
to minimize accelerated erosion and sedimentation and that must be
prepared and approved per the applicable requirements.[Amended 12-15-2014 by Ord. No. 424-14]
- Federal Emergency Management Agency.
- A temporary condition of partial or complete inundation of land areas from the overflow of streams, rivers, and other waters of this commonwealth.
- Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area.
- The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the center line of the stream and to 50 feet beyond the top of the bank of the stream on both sides.
- FOREST MANAGEMENT/TIMBER OPERATIONS
- Planning and activities necessary for the management of forestlands. These include timber inventory, 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 design high-water elevation and the elevation of the top of a dam, levee, tank, basin, swale, or diversion berm. The space is required as a safety margin in a pond or basin.
- A fabric manufactured from synthetic fiber that is used to achieve specific objectives, including infiltration, separation between different types of media (i.e., between soil and stone), or filtration.
- Water that occurs in the subsurface and fills or saturates the porous openings, fractures and fissures of underground soils and rock units.
- GROUNDWATER RECHARGE
- The replenishment of existing natural groundwater supplies from infiltration of rain or overland flow.
- The United States Army Corps of Engineers, Hydrologic Engineering Center (HEC) Hydrologic Runoff Model.
- The United States Army Corps of Engineers, Hydrologic Engineering Center (HEC) - Hydrologic Modeling System (HMS).
- Areas where prior or existing land use or activities can potentially generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater.
- HYDROLOGIC REGIME
- The hydrologic system, cycle or balance that sustains the quality and quantity of stormwater, stream baseflow, storage, and groundwater supplies under natural conditions.
- HYDROLOGIC SOIL GROUP (HSG)
- A classification of soils by the Natural Resources Conservation Service (NRCS) into four runoff potential groups. The groups range from A soils, which are very permeable and produce little runoff, to D soils, which are not very permeable and produce much more runoff.
- IMPERVIOUS SURFACE
- A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, tennis or other paved
courts; or athletic play fields comprised of synthetic turf materials.
For the purposes of determining compliance with this chapter, compacted
soils or stone surfaces used for vehicle parking and movement shall
be considered impervious. Surfaces that were designed to allow infiltration
(i.e., areas of porous pavement) will be considered on a case-by-case
basis by the Township Engineer, based on appropriate documentation
and condition of the material, etc.[Amended 12-15-2014 by Ord. No. 424-14]
- Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater.
- INFILTRATION FACILITY
- A stormwater BMP designed to collect and discharge runoff into the subsurface in a manner that allows infiltration into underlying soils and groundwater (e.g., french drains, seepage pits, or seepage trenches, etc.).
- INTERMITTENT STREAM
- A defined channel in which surface water is absent during a portion of the year, in response to seasonal variations in precipitation or groundwater discharge.
- The lowest surface, the floor or bottom of a culvert, pipe, drain, sewer, channel, basin, BMP, or orifice.
- A type of topography that is formed over limestone or other carbonate rock formations by dissolving or solution of the rock by water and that is characterized by closed depressions, sinkholes, caves, a subsurface network of solution conduits and fissures through which groundwater moves and no perennial surface drainage features.
- LAND DEVELOPMENT
- Any of the following activities:
- A. 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 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
- (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;
- B. A subdivision of land;
- C. Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code (as amended).
- 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 they are authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
- LICENSED PROFESSIONAL
- A Pennsylvania-registered professional engineer, registered landscape architect, registered professional land surveyor, or registered professional geologist, or any person licensed by the Pennsylvania Department of State and qualified by law to perform the work required by this chapter within the Commonwealth of Pennsylvania.
- LIMITING ZONE
- A soil horizon or condition in the soil profile or underlying strata that includes one of the following:
- A. A seasonal high-water table, whether perched or regional, determined by direct observation of the water table or indicated by other subsurface or soil conditions.
- B. A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.
- C. A rock formation, other stratum, or soil condition that is so slowly permeable that it effectively limits downward passage of water.
- The action taken to restore or preserve the as-built functional design of any facility or system.
- Mushroom farm environmental management plan.
- The Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, Act 247.
- Municipal separate storm sewer system.
- MUNICIPAL ENGINEER
- A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency, or joint planning commission.
- NEW DEVELOPMENT
- Any regulated activity involving placement or construction of new impervious surface or grading over existing pervious land areas not classified as redevelopment as defined in this chapter.
- National Oceanic and Atmospheric Administration.
- NONPOINT SOURCE POLLUTION
- Pollution that enters a water body from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.
- NONSTORMWATER DISCHARGES
- Water flowing in stormwater collection facilities, such as pipes or swales, which is not the result of a rainfall event or snowmelt.
- NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPs)
- See "BMP (best management practice)."
- National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to PADEP in Pennsylvania.
- Natural Resource Conservation Service [previously "Soil Conservation Service (SCS)"], an agency of the United States Department of Agriculture.
- Pennsylvania Department of Environmental Protection.
- PARENT LOT
- The parcel of land from which a land development or subdivision
originates, determined from the date of Township adoption of this
chapter.[Amended 12-15-2014 by Ord. No. 424-14]
- PEAK DISCHARGE
- The maximum rate of stormwater runoff from a specific storm event.
- Pennsylvania Department of Transportation.
- PENNSYLVANIA STORMWATER BEST MANAGEMENT PRACTICES MANUAL (PADEP BMP MANUAL)
- Document Number 363-0300-002 (December 2006, and as subsequently amended).
- An individual, firm, trust, partnership, joint venture, unincorporated association, business association or corporation, whether public or private, or other legal entity cognizable at law.
- PERVIOUS SURFACE (or PERVIOUS AREA)
- Any area not defined as impervious surface.
- PLANNING COMMISSION
- The Planning Commission of Easttown Township.
- POINT SOURCE
- Any discernible, confined and 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 § 92a.2.
- Period after construction during which disturbed areas are
stabilized, stormwater controls are in place and functioning, and
all proposed improvements approved by the Township are completed.[Amended 12-15-2014 by Ord. No. 424-14]
- Land cover conditions assumed to exist within the proposed disturbed area prior to commencement of the regulated activity for the purpose of calculating the predevelopment water quality volume, infiltration volume, and peak flow rates as required in this chapter.
- Techniques employed in stormwater BMPs to provide storage or filtering, or other methods to trap or remove coarse materials and other pollutants before they enter the stormwater system, but may not necessarily be designed to meet the entire water quality volume requirements of this chapter.
- PROPOSED IMPERVIOUS SURFACE
- All new, additional and replacement impervious surfaces.
- RAINFALL INTENSITY
- The depth of accumulated rainfall per unit of time.
- The replenishment of groundwater through the infiltration of rainfall, other surface waters, or land application of water or treated wastewater.
- Any regulated activity that involves demolition, removal, reconstruction, or replacement of existing impervious surface(s).
- REGULATED ACTIVITY
- Any earth disturbance activity(ies) or any activity that involves the alteration or development of land in a manner that may affect stormwater runoff.
- REGULATED EARTH DISTURBANCE ACTIVITY
- Any activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92a or Chapter 102 or the Clean Streams Law, 35 P.S. § 691.1 et seq.
- RETENTION BASIN
- An impoundment that is designed to temporarily detain a certain amount of stormwater from a catchment area and which may be designed to permanently retain stormwater runoff from the catchment area; retention basins always contain water.
- RETENTION or TO RETAIN
- The prevention of direct discharge of stormwater runoff into surface waters or water bodies during or after a storm event by permanent containment in a pond or depression; examples include systems which discharge by percolation to groundwater, exfiltration, and/or evaporation processes and which generally have residence times of less than three days.
- RETENTION VOLUME/REMOVED RUNOFF
- The volume of runoff that is captured and not released directly into the surface waters of the commonwealth during or after a storm event.
- RETURN PERIOD
- 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).
- Pertaining to anything connected with or immediately adjacent to the banks of a stream or other body of water.
- RIPARIAN BUFFER
- A buffer area surrounding a watercourse, floodplain or wetland, containing existing or proposed trees and/or other vegetation that intercepts surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and functions to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters, measured 50 feet horizontally outward from the edge of a wetland or floodplain. In the case of a watercourse, the fifty-foot buffer width shall be measured horizontally outward from the top of bank.
- RIPARIAN BUFFER ZONE
- The total area encompassing the riparian buffer and the natural resources the buffer protects, which may include wetlands, floodplains and watercourses.
- Any part of precipitation that flows over the land surface.
- Soil Conservation Service, now known as the "Natural Resources Conservation Service."
- Soil or other materials transported by, suspended in or deposited by surface water as a product of erosion.
- SEPARATE STORM SEWER SYSTEM
- A conveyance or system of conveyances (including roads with
drainage systems, Township streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.[Amended 12-15-2014 by Ord. No. 424-14]
- SHEET FLOW
- A flow process associated with broad, shallow water movement on sloping ground surfaces that is not channelized or concentrated.
- Total area of land in the Township where any proposed regulated
activity, as defined in this chapter, is planned, conducted, or maintained
or that is otherwise impacted by the regulated activity.[Amended 12-15-2014 by Ord. No. 424-14]
- SOIL COVER COMPLEX METHOD
- A method of runoff computation developed by NRCS that is based on relating soil type and land use/cover to a runoff parameter called "curve number" (CN).
- 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.
- STORM FREQUENCY
- See "return period."
- Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
- STORMWATER MANAGEMENT FACILITY
- Any feature, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate, or quantity. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration facilities.
- STORMWATER MANAGEMENT (SWM) SITE PLAN
- The plan prepared by the applicant or its representative, in accordance with the requirements of Article IV of this chapter, indicating how stormwater runoff will be managed at a particular site in accordance with this chapter and including all necessary design drawings, calculations, supporting text, and documentation to demonstrate that chapter requirements have been met, herein referred to as "SWM site plan." All references in this chapter to "final" or "approved" SWM site plans shall incorporate the approved SWM site plan and all subsequent approved revisions thereto.
- A natural watercourse.
- STRUCTURAL STORMWATER MANAGEMENT PRACTICES
- See "BMP (best management practice)."
- The division or redivision of a lot or parcel of land as
defined in the Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247 (as amended).[Amended 12-15-2014 by Ord. No. 424-14]
- SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
- Chapter 400, Subdivision and Land Development, of the Code of Easttown Township, Chester County, Pennsylvania, as amended.
- An artificial or natural waterway or low-lying stretch of land that gathers and conveys stormwater or runoff and is generally vegetated for soil stabilization, stormwater pollutant removal, and infiltration.
- SWM SITE PLAN
- See "stormwater management (SWM) site plan."
- TIMBER OPERATIONS
- See "forest management."
- Highest point of elevation of the bank of a stream or channel cross section at which a rising water level just begins to flow out of the channel and into the floodplain.
- United States Department of Agriculture.
- A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
- Region or area drained by a river, watercourse, or other body of water, whether natural or artificial.
- WATERS OF THE 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 the commonwealth.
- WATER TABLE
- The uppermost level of saturation of pore space or fractures by groundwater. "Seasonal high-water table" refers to a water table that rises and falls with the seasons due either to natural or man-made causes.
- 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. Wetlands generally include swamps, marshes, bogs, fens, and similar areas.
- Any land area of at least 0.25 acre with a natural or naturalized ground cover (excluding manicured turf grass) and that has an average density of two or more viable trees per 1,500 square feet with a DBH of six inches or greater and where such trees existed at any time within three years of the time of land development application submission of the proposed project. The land area to be considered woods shall be measured from the outer driplines of the outer trees.
Editor's Note: The former definition of "governing body," which immediately followed this definition, was repealed 12-15-2014 by Ord. No. 424-14.
Editor's Note: See 53 P.S. § 10503(1.1).
Editor's Note: The former definition of "municipality," which immediately followed this definition, was repealed 12-14-2014 by Ord. No. 424-14.
Editor's Note: See 33 U.S.C. § 1251 et seq.
Editor's Note: See 35 P.S. § 691.1 et seq.
Editor's Note: See 53 P.S. § 10101 et seq.