A. 
For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
(1) 
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.
(2) 
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) 
The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
(4) 
The words "shall," "required" and "must" are mandatory; the words "may" and "should" are permissive.
(5) 
The words "used or occupied" include the words "intended, designed, maintained, or arranged to be used, occupied or maintained."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of the natural processes alone.
ACT 167
As defined in § 199-3 hereof.
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, 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 agricultural activity.
APPLICANT
The person or persons submitting a stormwater management site plan to the Township for consideration.
BMP (BEST MANAGEMENT PRACTICE)
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.
BMP MANUAL
Pennsylvania Stormwater Best Management Practices Manual, DEP Document No. 363-0300-002, effective date December 30, 2006, as amended and updated from time to time.
BOARD OF SUPERVISORS
The Board of Supervisors of East Manchester Township.
CISTERN
An underground reservoir or tank for storing rainwater.
CLEAN WATER ACT
The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended.
CODE
The Code of East Manchester Township, as amended or reenacted.
CONSERVATION DISTRICT
The York County Conservation District, which District is 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 102, or any successor agency thereto.
CONSERVATION PLAN
A plan for erosion and sediment control applicable to agricultural activities as defined in 25 Pa. Code 102.4.
CONSTRUCTION AND MATERIAL SPECIFICATIONS
The construction and material specifications adopted by the Township and amended from time to time.
CULVERT
A structure with appurtenant works which carries surface water through an obstruction.
DEP
The Pennsylvania Department of Environmental Protection or any successor agency thereto.
DESIGN STORM
The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour), and used in computing stormwater management control systems.
DETENTION BASIN
A basin designed to retard 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 a permanent pool of water.
DETENTION VOLUME
The volume of runoff that is captured and released into the waters of this commonwealth at a controlled rate.
DEVELOPER
A person, or any combination of persons, or agent thereof, that undertakes, owns, maintains or has responsibility for any proposed or existing regulated activity. "Developer" as used herein shall include also the owner who shall have joint and several responsibility for adherence to the provisions of this chapter.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the subdivision of land, the placement of mobile or prefabricated structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging or the like.
DISCONNECTED IMPERVIOUS AREA (DIA)
An impervious or impermeable surface that is disconnected from any stormwater management facility or drainage conveyance facility and is redirected or directed to a pervious area, which allows for infiltration, filtration, and increased time of concentration as specified in Appendix A (Disconnected Impervious Area) of this chapter.[1] Disconnected impervious area is not considered in the calculation or regulation of impervious area for purposes of this chapter.
DISTURBED AREA
An unstabilized land area where an earth disturbance activity is occurring or has occurred.
DOWNSLOPE PROPERTY LINE
That portion of the property line of the lot, tract, or parcels of land being developed located such that a portion or all stormwater runoff from the development site would be directed towards it.
DRAINAGE CONVEYANCE FACILITY
A stormwater management facility designed to transmit stormwater runoff and shall include streams, channels, swales, pipes, conduits, culverts, storm sewers, etc.
DRAINAGE EASEMENT
A right of limited use granted by the owner of real property, as grantor, to a person, as grantee, allowing the use of grantor's property by the grantee for the purpose of stormwater management.
E & S MANUAL
Erosion and Sediment Pollution Control Manual, DEP Document No. 363-2134-008, effective April 15, 2000, as amended and updated from time to time.
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; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
EROSION
The natural process by which the surface of the land is worn away by water, wind, or chemical action.
EROSION AND SEDIMENTATION CONTROL PLAN
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 activity.
EXISTING CONDITION
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FEMA
Federal Emergency Management Agency, or any successor agency.
FLOOD
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.
FLOODPLAIN
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 included are areas that comprise Group 13 soils, as listed in Appendix A of the DEP Technical Manual for Sewage Enforcement Officers, as amended or replaced from time to time by DEP.
FLOODPLAIN ORDINANCE
The East Manchester Township Floodplain Management Ordinance, codified at Chapter 108 of the Code, as amended or reenacted.
FLOODWAY
The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-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 100-year-frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends 50 feet from the top of the bank of the stream.
FOREST MANAGEMENT/TIMBER OPERATIONS
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.
GREEN INFRASTRUCTURE
Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
HYDROLOGIC SOIL GROUP
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).
IMPERVIOUS
Any surface or material which prevents the percolation of water into the ground. Impervious surfaces and materials shall include, but not be limited to, any roof, parking or driveway, streets and sidewalks, or any other surface or area with a runoff curve number (CN) for existing or proposed condition of 85 or higher as set forth in Table 1.[2]
INFILTRATION
The entrance of surface water into the soil, usually at the soil-air interface.
INFILTRATION STRUCTURES
A designed improvement which directs runoff into the ground, (e.g., french drains, seepage pits, seepage trench).
INTEGRATED WATER RESOURCES PLAN (IWRP)
The York County Integrated Water Resources Plan, as amended, which plan includes Act 167 plan elements and requirements.
JOINT PERMIT APPLICATION
The Joint Application for Pennsylvania Water Obstruction and Encroachment Permit and U.S. Army Corps of Engineers Section 404 Permit, or any successor permit or permits thereto.
KARST
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.
LAND DEVELOPMENT
Includes any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
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
(b) 
The division or allocation of land or space 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.
(2) 
A subdivision of land.
(3) 
Development in accordance with Section 503(1.1) of the MPC.[3]
LOW-IMPACT DEVELOPMENT (LID)
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.
MPC
As defined in § 199-3 hereof.
NPDES
National Pollution Discharge Elimination System permit program administered pursuant to the Clean Water Act.[4]
NRCS
The Natural Resource Conservation Service of the United Stated Department of Agriculture or any successor agency thereto.
O & M
Operation and maintenance.
O & M PLAN
Operation and maintenance plan.
ORDINANCE
The East Manchester Stormwater Management Ordinance, codified at Chapter 199 of the Code, as amended or reenacted.
OWNER
The fee simple or equitable titleholder to a lot or tract of land. "Owner" for the purposes of this chapter shall be determined at the relevant time at which the provisions of this chapter are applied or enforced.
PCSWMP
Post-construction stormwater management site plan.
PEAK DISCHARGE
The maximum rate of flow of water at a given point and time resulting from a specified storm event.
PennDOT
The Pennsylvania Department of Transportation or any successor agency thereto.
PERCOLATION
The downward movement, under the influence of gravity, of water under hydrostatic pressure through interstices of the soil or rock.
PERSON
An individual, partnership, public or private association or corporation, limited-liability company, 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, managers, servants and agents of an association or limited-liability company, officers, agents and servants of a corporation, and the officers of a municipality or county, but shall exclude any department, board, bureau or agency of the Commonwealth of Pennsylvania.
PERVIOUS AREA
Any area not defined as impervious.
PROJECT
The use and all improvements proposed in a land use permit application, building permit application and/or subdivision and land development plan or in any other plan for development.
PROJECT SITE
The specific area of land where any regulated activities in the Township are planned, conducted, or maintained.
QUALIFIED PROFESSIONAL
Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this chapter.
REGULATED ACTIVITY
As defined in § 199-5 hereof.
REGULATED EARTH DISTURBANCE ACTIVITY
Activity involving earth disturbance subject to regulation under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.[5]
RETENTION BASIN
An impoundment in which stormwater is stored and not released during the storm event. Stored water may be released at a predetermined rate from the basin at some time after the end of the storm.
RETENTION VOLUME/REMOVED RUNOFF
The volume of runoff that is captured and not released directly into the surface waters of this 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 4% chance).
RIPARIAN BUFFER ZONE or RBZ
As defined in § 199-18 hereof.
RISER
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.
RUNOFF
That part of precipitation, snow or ice melt which flows over the land.
SECOND CLASS TOWNSHIP CODE
As defined in § 199-3 hereof.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
SEDIMENT BASIN
A barrier, dam, retention or detention basin designed to retain sediment.
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar materials and into which surface water is directed for infiltration into the ground.
SHEET FLOW
Runoff that flows over the ground surface as a thin, even layer, not concentrated in a channel.
SOIL-COVER COMPLEX METHOD
A method of runoff computation developed by SCS, and found in its publication "Urban Hydrology for Small Watersheds," Technical Release No. 55, SCS, January 1975.
SPILLWAY
A depression in the embankment of a pond or basin which is used to pass peak discharge greater than the maximum design storm controlled by the pond.
STATE WATER QUALITY REQUIREMENTS
The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[6]
STORM FREQUENCY
The number of times that a given storm event occurs or is exceeded on average in a stated period of years. See also the definition of "return period."
STORM SEWER
A system of pipes, conduits, swales or other similar structures which carry intercepted runoff and other drainage, but excludes domestic sewage and industrial wastes.
STORMWATER
Runoff during and subsequent to a rain, ice or snowfall event.
STORMWATER MANAGEMENT FACILITY
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, infiltration structures and BMPs.
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer indicating how stormwater runoff will be managed in accordance with this chapter for regulated activity. For all NPDES permitted sites, the stormwater management site plan shall include, and be consistent with, the erosion and sediment control plan as submitted to the Conservation District and/or DEP.
STREAM ENCLOSURE
A bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this commonwealth.
SUBDIVISION
As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247;[7] provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be excluded from the definition.
SUBDIVISION ORDINANCE
The East Manchester Township Subdivision and Land Development Ordinance, codified at Chapter 208 of the Code, as amended or reenacted.
SWALE
A shallow ditch intended to gather or carry runoff.
TIME-OF-CONCENTRATION (Tc)
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.
TOWNSHIP
East Manchester Township, a second class township located in York County, Pennsylvania.
TOWNSHIP ENGINEER
The engineer of the Township appointed pursuant to authority granted by the Second Class Township Code.[8]
USDA
United States Department of Agriculture, or any successor agency.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banking and includes any area adjacent thereto subject to the inundation by reason of overflow of floodwater.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, 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.
WATERSHED
All the land from which water drains into a particular watercourse.
WETLAND
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, and similar areas.
ZONING ORDINANCE
The East Manchester Township Zoning Ordinance, codified at Chapter 255 of the Code, as amended or reenacted.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 65101 et seq.