[Ord. No. 2023-1, 1/11/2023]
1.
It is not intended that these definitions include only words used
or referred to in this chapter. The words are included in order to
facilitate the interpretation of this chapter for administrative purposes
and in carrying out of duties by appropriate officers and by the Zoning
Hearing Board.
2.
Unless otherwise expressly stated, the following shall, for the purposes
of this chapter, have the meaning herein indicated:
A.
Words used in the present tense shall include the past and future
tense.
B.
The word "person" shall include a profit or nonprofit firm, association,
organization, corporation, company, partnership, trust, or individual
or single proprietorship, or any other similar entity.
C.
The words "used" or "occupied" as applied to any land or building
shall include the words "intended," "arranged" or "designed" to be
used, occupied or maintained.
D.
The word "building" shall include "part thereof" and "structure."
E.
The word "lot" shall include "plot," "parcel" or "tract."
F.
The words "shall" and "must" are always mandatory; the words "may"
and "should" are permissive.
G.
The singular number shall include the plural, and the plural number
shall include the singular.
H.
Words of masculine gender shall include the feminine gender and the
neuter; words of feminine gender shall include the masculine gender
and the neuter.
I.
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.
3.
If a word or term is not defined by this chapter, but is defined in Chapter 22, Subdivision and Land Development, then the Chapter 22 definition shall apply. If a word or term is not defined by this chapter or Chapter 22, but is defined in Chapter 27, Zoning, then the Chapter 27 definition shall apply. If a word or term is not defined by this chapter, but is defined in Chapter 8, Flood Plains, then the Chapter 8 definition shall apply. In each case, the most restrictive definition shall apply. If a word or term is not defined by this chapter, Chapter 22, Chapter 27, or Chapter 8, then the word or term shall have its plain and ordinary meaning within the context of this section. A standard reference dictionary should be consulted.
[Ord. No. 2023-1, 1/11/2023]
For the purposes of this chapter, the following words, terms
and phrases have the meanings indicated herein:
Activities associated with agriculture, such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes 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.
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; land disturbance.
Any landowner, person, partnership, association, corporation
or other for-profit or nonprofit entity, or any responsible person
therein or agent thereof, who has filed an application with the municipality
for approval to engage in any of the regulated activities of this
chapter within 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, 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 project sites.
The process of collecting runoff to be managed by a stormwater
BMP.
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 for storing rainwater (typically
up to 1,000 gallons).
A conservation district, as defined in Section 3(c) of the
Conservation District Law [3 P.S. § 851(c)] that has the
authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code, Chapter 102; refers to the Luzerne Conservation District
unless otherwise noted. "Luzerne County Conservation District" and
"Luzerne Conservation District" shall have the same meaning.
A pipe, conduit, or similar enclosed structure or facility,
including appurtenant works, which carries stormwater surface runoff
collected by a swale, ditch or watercourse under or through an embankment,
roadway or other fill condition.
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 and
its relevant bureaus and successor agencies.
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 agent of the Kingston Township Planning Commission and/or
agent of the governing body involved with the administration, review
or enforcement of any provisions of this chapter by contract or memorandum
of understanding.
An impoundment facility, structure or basin, together with
its appurtenant works, designed to retard, retain and/or otherwise
manage stormwater runoff by temporarily storing the runoff and releasing
it at a predetermined rate. A detention basin can be designed to drain
completely after a storm event, or it can be designed to contain and
maintain a constant, permanent pool of water.
The volume of runoff that is captured and released into the
waters of this commonwealth at a controlled rate.
Any landowner, person, partnership, association, corporation
or other for-profit or nonprofit entity, or any responsible person
therein or agent thereof, who makes or causes to be made a subdivision
of land or a land development or undertakes any of the other regulated
activities identified in this chapter. See also "applicant."
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The specific lot, tract or parcel of land for which a regulated
activity of this chapter is proposed.
An impervious or impermeable surface that is disconnected
from any stormwater drainage or conveyance system and is redirected
or directed to a pervious area, which allows for infiltration, filtration,
and increased time of concentration as specified in Appendix C.1,
Disconnected Impervious Area (DIA) and Worksheet.[1]
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 parcel
of land being developed located such that all overland or concentrated
flow from the site would be directed towards it.
A stormwater management facility designed to transmit 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 purposes. See also the definition of "easement" in Chapter 22, Subdivision and Land Development.
Any construction or other human-induced activity involving grading, tilling, digging, filling of ground, stripping of vegetation or any other activity that exposes soils or otherwise causes or results in an alteration to the natural condition of the ground surface of the land, inducing changes in topography or woody vegetation, except for the removal of a safety hazard, diseased trees or invasive vegetation. Also includes excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials. See also Chapter 22, Subdivision and Land Development.
The movement and/or removal of surface materials and/or soil
particles of the land by the action of natural elements such as water,
wind and ice, or by chemical action.
A plan prepared in accordance with the Commonwealth of Pennsylvania
Department of Environmental Protection (DEP), Office of Water Management,
Erosion and Sediment Pollution Control Program Manual, as may be amended
from time to time, indicating the necessary land treatments and other
methods of implementation designed to effectively minimize accelerated
soil erosion and sedimentation pollution and requiring approval by
the Luzerne Conservation District. "Erosion and sediment control plan"
shall have the same meaning.
The movement and/or removal of surface materials and/or soil
particles of the natural ground cover through the combined action
of man's activity and natural elements at a rate greater than
that which would occur as a result of natural elements and/or process
alone.
The initial dominant land cover condition of a project site
during the five-year period immediately preceding the proposed construction
or other regulated activity of this chapter. If the initial condition
of the site is undeveloped land, the land use shall be considered
as "meadow" unless the natural land cover is proven to generate lower
curve numbers or Rational "C" value, such as forested lands.
Federal Emergency Management Agency.
A temporary inundation of normally dry land areas.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "100-year flood" or "one-percent
annual chance flood"). The term "base flood" shall have the same meaning.
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. Also includes areas that comprise
Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical
Manual for Sewage Enforcement Officers (as amended or replaced from
time to time by DEP).
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the 100-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 100-year floodway, it is assumed — absent evidence
to the contrary — that the floodway extends from the stream
to 50 feet from the top of the bank of the stream.
Planning and activities necessary for the management of forest
land, including timber inventory and preparation of forest management
plans in accordance with accepted silvicultural principles and treatment
through developing, cutting budgets, logging road design and construction,
timber harvesting, transportation and selling trees for commercial
purposes, 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 porous fabric manufactured from synthetic fiber that is
used to provide separation between different types of media (i.e.,
between soil and stone).
A slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein. To grade is to
finish the surface of a roadbed, top of embankment or bottom of excavation.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water.
Considered to be impervious when the intended use of the
stone is for transportation purposes, parking areas, construction
areas, trails, or if the gravel is compacted at any time during or
after its placement; landscaping stone is not considered as impervious
area.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Replenishment of existing natural underground water supplies.
Areas where land use or activities generate highly contaminated
runoff, with concentrations of pollutants that are higher than those
that are typically found in stormwater (e.g., vehicle salvage yards
and recycling facilities, vehicle fueling stations, fleet storage
areas, vehicle equipment and cleaning facilities, and vehicle service
and maintenance facilities).
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). (NOTE: See § 1001, Subsections
3 and 4, of this chapter.)
Any surface material and/or development that prevents, substantially
prevents and/or reduces the infiltration, percolation or penetration
of stormwater runoff into previously undeveloped land, which surfaces
shall include, but may not necessarily be limited to, buildings, roofs,
surfaced, paved, graveled or compacted parking areas, streets, sidewalks,
driveways, stone patios, and other similar vehicular and/or pedestrian
access routes and travel ways. See also "gravel (crushed stone)" for
when gravel classifies as impervious.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Man-made physical additions, alterations and/or changes which
become part of, placed upon or affixed to real estate and which may
otherwise be necessary to produce usable and desirable lots.
Movement of surface water into the soil, where it is absorbed
by plant roots, or percolated downward to recharge groundwater.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, dry wells and seepage trenches).
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, underground
drainage, and caves. Karst is formed on carbonate rocks, such as limestone
or dolomite.
See "earth (land) disturbance."
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.
A single nonresidential building on a lot or lots regardless
of the number of occupants or tenure.
Any nonresidential use of land, with or without structures,
which encompasses two or more acres of land, including, but not limited
to, grading or the backfilling of land, earthmoving activities and
removal of vegetative cover. Agricultural uses of land and related
agricultural activities shall be specifically excluded.
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.
An addition to an existing nonresidential building or structure,
excluding agricultural buildings and structures, that equals or exceeds
500 square feet of gross floor area, whether proposed initially or
cumulatively.
The development and/or expansion of a mobile home park or campground.
A subdivision of land.
Development in accordance with § 503(1.1) of the Pennsylvania
(PA) Municipalities Planning Code (MPC),[2] as may be amended from time to time.
A land development which does not qualify or classify as
a minor land development.
A development of a parcel of land which contains not more
than four detached single-family residential structures, whether developed
initially or cumulatively.
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.
Those subareas in which a specified release of stormwater
runoff peak flow rate (release rate) is necessary to meet the plan
requirements and the goals of Act 167.
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.
An individual professional engineer licensed as such and
registered in the Commonwealth of Pennsylvania or a professional engineering
firm or company incorporated in and by the laws and regulations of
the Commonwealth of Pennsylvania having a staff which includes one
or more professional engineers licensed as such and registered in
the Commonwealth of Pennsylvania, duly appointed as the engineer for
the Township of Kingston, Luzerne County, Pennsylvania.
Of, for or being the Township of Kingston, Luzerne County,
Pennsylvania.
Pollution that enters a watery body from diffuse origins
in the watershed and does not result from discernible, confined, or
discrete conveyances.
United States Department of Agriculture (USDA) Natural Resource
Conservation Service (previously 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.
The point where water flows from a conduit, stream, or drain.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The maximum rate of flow of stormwater runoff at a given
point in time resulting from a specific storm event.
Any area not defined as "impervious."
See "culvert."
The Planning Commission of Kingston Township, Luzerne County,
Pennsylvania.
The flood that may be expected from the most severe combination
of critical meteorologic 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 conditions at/on the site of the proposed regulated activity
upon completion of construction and final stabilization.
The conditions existing at/on the site of the proposed regulated
activity prior to any earth disturbance.
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.
A rainfall-runoff relation used to estimate peak flow rate.
Any development that requires demolition or removal of existing
structures or impervious surfaces at a site and replacement with new
impervious surfaces. Maintenance activities such as top-layer grinding
and repaving are not considered to be redevelopment. Interior remodeling
projects and tenant improvements are also not considered to be redevelopment.
Actions or proposed actions, including earth disturbance
activities or any other activity that will have an impact on stormwater
runoff and that are specified in § 104 of this chapter.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapters 92a and 102, or the Clean Streams Law.[3]
The percentage of predevelopment peak rate of runoff from
a site or subarea to which the postdevelopment peak rate of runoff
must be reduced to protect downstream areas.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
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 twenty-five-year
return period rainfall would be expected to recur on the 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 4% chance).
A vertical pipe extending from the bottom of a stormwater
management facility that is used to control the discharge rate from
the stormwater management facility for a specified design storm.
That portion of precipitation discharge or rate of discharge
in a given watershed resulting from a storm event, whether rain, snow
or ice, that does not permeate or infiltrate into the earth or soil,
but runs off the surface of the land.
Soils or other materials transported by surface water as
a product of erosion.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
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 and
25 Pa. Code, Chapter 102.
The process by which mineral or organic matter is accumulated
or deposited by the moving wind, water or gravity. Once this matter
is deposited (or remains suspended in water) it is usually referred
to as "sediment."
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
Runoff which 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 a/the "curve number" (CN).
An engineered and/or constructed depression in the embankment
of a stormwater management facility which is used to pass peak discharge
greater than the maximum design storm controlled by the stormwater
management facility.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[4]
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 "return period."
A system of pipes and/or open channels that conveys 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 or snow or ice melt.
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; french drains; underground on-lot seepage pits; and
infiltration facilities.
A permit issued by the Township Board of Supervisors after
the SWM plan has been approved. Said permit is issued prior to or
with the Township's final plan approval.
The Luzerne County Stormwater Management Plan for managing
stormwater runoff adopted by the County of Luzerne as required by
the Act of October 4, 1978, P.L. 864 (Act 167), as amended, and known
as the "Storm Water Management Act."[5]
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.
Is abbreviated as BMPs or SWM BMPs throughout this chapter.
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
The smallest drainage unit of a watershed for which stormwater
management criteria have 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, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwellings, shall be exempted.
A low-lying stretch of land which gathers or carries surface
water runoff.
See "forestry-forest management and timber operations."
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.
United States Department of Agriculture.
The ratio of the volume of void space to the total volume
of the BMP material (void space plus solid material/media providing
structural support to create the storage area).
A permanent or intermittent stream, river, brook, creek,
channel or ditch for the collection and conveyance of stormwater runoff,
whether natural or man-made, having a defined channel bed in which
runoff flows in a definite direction or course; includes millrace,
canal, conduit, gully, ravine or wash and any area adjacent thereto
subject to inundation by reason of overflow of floodwaters.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this commonwealth.
Region or area drained by a river, watercourse, or other
surface water of this commonwealth.
Areas that are inundated and saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as amended, shall be considered
a wetland for the purposes of this chapter. In the event the definition
of "wetland" accepted by the U.S. Army Corps of Engineers conflicts
with the definition of a "wetland" accepted by the Pennsylvania Department
of Environmental Protection, the more restrictive definition shall
apply.
