For the purpose of this chapter, certain terms and words used
herein shall be interpreted as follows:
A.
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.
B.
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.
C.
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other similar entity.
D.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.
The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
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 human activity and natural processes at a rate greater than
would occur because of the natural process alone.
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops, tillage, land clearing, plowing,
disking, harrowing, planting, harvesting crops, or pasturing and raising
of livestock and installation of conservation measures. Construction
of new buildings or impervious area is not considered an agricultural
activity.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
changing of surface conditions by causing the surface to be more or
less impervious; land disturbance.
A landowner, developer, or other person who has filed an
application for approval to engage in any regulated activities at
a project site within Palmyra Borough.
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.
[Amended 9-13-2022 by Ord. No. 819]
The Pennsylvania Stormwater Best Management Practices Manual
as published by the Department of Environmental Protection (PADEP),
Bureau of Watershed Management, document number: 363-0300-002, effective
date: December 30, 2006, and as revised.
The Borough of Palmyra, Lebanon County, Pennsylvania.
See also "Municipal Engineer."
The widening, deepening, and headward cutting of small channels
and waterways, due to erosion caused by moderate to large floods.
An underground reservoir or tank used for storing rainwater.
The Lebanon County Conservation District (LCCD). The Lebanon
County Conservation District has the authority under a delegation
agreement executed with the PADEP to administer and enforce all or
a portion of the regulations promulgated under 25 Pa. Code Chapter
102.
A structure with appurtenant works that carries a stream
and/or stormwater runoff under or through an embankment or fill.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
[Added 9-13-2022 by Ord.
No. 819]
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
twenty-five-year storm) and duration (e.g., 24 hours), used in the
design and evaluation of stormwater management systems. Also see "return
period."
The agent of Palmyra Borough and/or agent of the Palmyra
Borough Council involved with the administration, review or enforcement
of any provisions of this chapter by contract or memorandum of understanding.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
The volume of runoff that is captured and released during
or after a storm event into waters of the commonwealth at a controlled
rate.
A person, partnership, association, corporation, or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity of this chapter.
The specific tract of land for which a regulated activity
is proposed. Also see "project site."
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
That portion of the property line of the lot, tract, or parcels
of land being developed located such that all overland or piped flow
from the site would be directed toward it.
A stormwater management facility designed to convey stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management, drainage, or conveyance
purposes.
Any natural or artificial watercourse, trench, ditch, pipe,
swale, channel, or similar depression into which surface water flows.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
[Amended 9-13-2022 by Ord. No. 819]
A plan which is designed to minimize accelerated erosion
and sedimentation.
Surface waters of high quality, which satisfies Pa. Code
Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(b)
(relating to anti-degradation).
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
[Amended 9-13-2022 by Ord. No. 819]
The Federal Emergency Management Agency.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other waters of the commonwealth.
The remaining portions of the one-hundred-year floodplain
outside of the floodway boundary.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration flood hazard boundary
mapped as being a special flood hazard area. Included are lands adjoining
a river or stream that have been or may be inundated by a one-hundred-year
flood. Also included are areas that comprise Group 13 Soils, as listed
in Appendix A of the Pennsylvania Department of Environmental Protection
(PADEP) Technical Manual for Sewage Enforcement Officers (as amended
or replaced from time to time by PADEP).
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the one-hundred-year frequency flood. Unless otherwise specified,
the boundary of the floodway is as indicated on maps and flood insurance
studies provided by FEMA. In an area where no FEMA maps or studies
have defined the boundary of the one-hundred-year frequency floodway,
it is assumed, absent evidence to the contrary, that the floodway
extends from the stream to 50 feet from the top of the bank of the
stream.
Planning and activities necessary for the management of forestland.
These include timber inventory and preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation and reforestation.
A vertical distance between the elevation of the design high
water and the top of a dam, levee, tank, basin, or diversion ridge.
The space is required as a safety margin in a pond or basin.
A slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein.
To finish the surface of a roadbed, top of embankment or
bottom of excavation.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
[Added 9-13-2022 by Ord.
No. 819]
Replenishment of existing natural underground water supplies.
A computer-based hydrologic modeling technique adapted to
the watersheds in Lebanon County for the Act 167 Plan. The model has
been calibrated by adjusting key model input parameters.
Surface water having quality, which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pa. Code Title 25, Environmental
Protection, Chapter 93, Water Quality Standards, § 93.4b(a).
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into 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).
[Amended 9-13-2022 by Ord. No. 819]
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but are not
limited to: roofs, additional indoor living spaces, patios, garages,
storage sheds and similar structures, and any new streets and sidewalks.
Decks, parking areas, and driveway areas are not counted as impervious
areas if they do not prevent infiltration. Any surface area proposed
to initially be gravel or crushed stone shall be assumed to be impervious,
unless designed as an infiltration BMP.
A structure designed to direct runoff into the ground (e.g.,
French drains, seepage pits, seepage trench, etc.).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, steep-sided
hills, underground drainage and caves. Karst is formed on carbonate
rocks, such as limestone or dolomites and sometimes gypsum.
A line provided on the SWM site plan that indicates the total
area to be disturbed during a proposed earth disturbance activity.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on-site.
[Added 9-13-2022 by Ord.
No. 819]
Any stream segment or other runoff conveyance facility used
as a reach in the Lebanon County Act 167 watershed hydrologic model(s).
A method for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. "Open
channels" may include closed conduits so long as the flow is not under
pressure.
Assessment prepared by RETTEW Associates, Inc. to determine
the boundary of the area(s) within the Borough where the increase
or decrease in impervious coverage should be restricted and regulated
based on the presence of karst geology of the area(s). The report,
dated May 23, 2011, contains a discussion on the geology and a field
view of sinkhole prone areas in the Borough.
A qualified professional engineer licensed to practice in
the Commonwealth of Pennsylvania, duly appointed as the Borough Engineer.
See also "Borough Engineer."
The federal government's system for issuance of permits under
the Clean Water Act, which is delegated to PADEP in Pennsylvania.
Precipitation-Frequency Atlas of the United States, Atlas
14, Volume 2, US Department of Commerce, National Oceanic and Atmospheric
Administration, National Weather Service, Hydrometeorological Design
Studies Center, Silver Spring, Maryland (2004). NOAA's Atlas 14 can
be accessed at Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Natural Resource Conservation Service [previously "Soil Conservation
Service" (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
not under pressure.
Points of water disposal from a stream, river, lake, tidewater,
or artificial drain.
The Pennsylvania Department of Environmental Protection.
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of the Borough of Palmyra.
Any discernible, confined, or discrete conveyance, including,
but not limited to: any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.1.
The flood that may be expected from the most severe combination
of critical meteorological and hydrologic conditions that are reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined on the basis of data obtained from
the National Oceanographic and Atmospheric Administration (NOAA).
The specific area of land where any regulated activities
in the Borough are planned, conducted, or maintained.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
A rainfall-runoff relation used to estimate peak flow.
Earth disturbance activities on land, which has previously
been developed.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapter 92, Chapter 102, or the Clean Streams Law.[2]
The percentage of predevelopment peak rate of runoff from
a site or subwatershed area to which the postdevelopment peak rate
of runoff must be reduced to protect downstream areas.
The volume of runoff that is captured and not released directly
into the surface waters of this commonwealth during or after a storm
event.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the probability
of a twenty-five-year storm occurring in any one given year is 0.04
(i.e. a 4% chance).
A permanent area of trees and shrubs located adjacent to
streams, lakes, ponds, and wetlands.
[Amended 9-13-2022 by Ord. No. 819]
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
Earth disturbance activities within the existing road right-of-way,
such as grading and repairing existing unpaved road surfaces, cutting
road banks, cleaning or clearing drainage ditches, and other similar
activities. Road maintenance activities that do not disturb the subbase
of a paved road such as milling and pavement overlays are not considered
earth disturbance activities.
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any part of precipitation that flows over the land surface.
The volume of runoff that is captured (retained) and not
released into surface waters of the commonwealth during or after a
storm event.
Soils or other materials transported by surface water as
a product of erosion.
A barrier, dam, or detention basin located and designed to
retain rock, sand, gravel, silt, or other material transported by
stormwater runoff.
The placement, discharge, or any other introduction of sediment
into waters of the commonwealth occurring from the failure to properly
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A conveyance or system of conveyances (including roads with
drainage systems, Borough streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called "curve number" (CN).
A depression in the embankment of a pond or basin, or other
overflow structure, that is used to pass peak discharges greater than
the maximum design storm controlled by the pond or basin.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of that Pennsylvania Code
and the Clean Streams Law[3] including, but not limited to:
Each stream segment in Pennsylvania has a designated use, such
as cold water fishery or potable water supply, which is listed in
Chapter 93. These uses must be protected and maintained, under state
regulations.
"Existing uses" are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Earth disturbance
activities must be designed to protect and maintain existing uses
and maintain the level of water quality necessary to protect those
uses in all streams, and to protect and maintain water quality in
special protection streams.
Water quality involves the chemical, biological, and physical
characteristics of surface water bodies. After earth disturbance activities
are complete, these characteristics can be impacted by addition of
pollutants such as sediment, and changes in habitat through increased
flow volumes and/or rates as a result of changes in land surface area
from those activities. Therefore, permanent discharges to surface
waters must be managed to protect the stream bank, streambed, and
structural integrity of the waterway, to prevent these impacts.
Protection and maintenance of water quality in special protection
streams pursuant to 25 Pa. Code Chapter 93.
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage) with
outflow defined as a function of storage volume and depth.
The number of times that a given storm "event" occurs or
is exceeded on the average in a stated period of years. See also "return
period."
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
Drainage runoff from the surface of the land resulting from
precipitation, snow, or ice melt.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff.
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 basins, wet ponds, open channels, storm
sewers, pipes and infiltration facilities.
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the project site
in accordance with this chapter.
A bridge, culvert, or other structure in excess of 100 feet
in length upstream to downstream which encloses regulated waters of
the commonwealth.
The smallest drainage unit of a watershed for which stormwater
management criteria has been established in the stormwater management
plan.
The division or redivision of a 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, 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 dwellings, shall be exempt [Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247 (MPC)[4]].
A low-lying stretch of land that gathers or carries surface
water runoff.
See "forest management."
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
The United States Department of Agriculture.
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface and
underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of the Commonwealth of Pennsylvania.
Region or area drained by a river, watercourse, or other
surface water, whether natural or artificial.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. [The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission. This definition is used by the United States Environmental
Protection Agency (USEPA) and the United States Army Corps of Engineers
(USACOE).]