For the purposes 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 words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
The work of producing crops, including 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.
A landowner, developer or other person who has filed an application
to the municipality for approval to engage in any regulated activity
at a project site in the municipality.
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, rain gardens,
sand filters, detention basins, and manufactured devices. Structural
stormwater BMPs are permanent appurtenances to the project site.
An area of permanent native vegetation, including trees,
shrubs, and herbaceous vegetation, that exists or is established to
protect a stream system, lake, reservoir, or costal estuarine area.
A conservation district, as defined in § 3(c) of
the Conservation District Law [3 P.S. § 851(c)], which has
the authority under a delegation agreement executed September 16,
2010, with the Department to administer and enforce all or a portion
of the erosion and sediment control program in this commonwealth.
The Pennsylvania Department of Environmental Protection.
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."
The volume of runoff that is captured and released into the
waters of this commonwealth at a controlled rate.
See "project site."
An impervious or impermeable surface which 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.[1]
An unstabilized land area where an earth disturbance is occurring
or has occurred.
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;
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.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
Federal Emergency Management Agency.
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. Included are lands adjoining a
river or stream that have been or may be expected to 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 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 forestland.
These include conducting a timber inventory, preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation
and reforestation.
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)
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to, roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, and any new streets or sidewalks.
A type of topography or landscape characterized by surface
depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground
drainage and caves. Karst is formed on carbonate rocks, such as limestone
or dolomite.
Inclusive of any or all of the following meanings:
The division of a parcel of land into two or more parcels;
The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings, structures, or accessory
structures;
Any use or change in use of buildings or land;
Any extension of the use of land;
Any clearing, grading, or other movement of land;
Mining, dredging, filling, grading, paving, excavation or drilling
operations; or
The storage, deposition or extraction of materials, public or
private sewage disposal systems or water supply facilities for which
permission may be required pursuant to a municipal land development
ordinance.
Borough of Montgomery, Lycoming County, Pennsylvania, or
its designee.
USDA Natural Resources Conservation Service (previously SCS).
The maximum rate of stormwater runoff from a specific storm
event.
Any area not defined as impervious.
The specific area of land where any regulated activities
in the municipality 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.
Any earth disturbances 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 Chapters 92,[2] Chapter 102, or the Clean Streams Law.
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. The probability of a twenty-five-year
storm occurring in any one year is 0.04 (i.e., a four-percent chance).
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Is abbreviated as 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 structures.
The stormwater management plan for managing stormwater runoff
adopted by the County of Lycoming as required by the Act of October
4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm
Water Management Act".
The plan prepared by the developer 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 purposes of administration of this chapter (other regulatory
agencies such as the United States Army Corps of Engineers have a
different definition), a stream is defined as a perennial and intermittent
watercourses identified through site inspection and U.S. Geological
Survey (USGS) maps. Perennial streams are those which are depicted
on a USGS map with a solid blue line. Intermittent streams are those
which are depicted on a USGS map with a dotted blue line.
As defined in The Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247.[3]
United States Department of Agriculture.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface and
underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of this commonwealth.
Region or area drained by a river, watercourse or other surface
water of the commonwealth.
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.
