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 word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, unit of government, 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 man's activity and the natural processes at a rate
greater than would occur because of the natural process alone.
The work of producing crops and raising livestock including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. For purposes of regulation by this chapter,
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.
A person who has filed an application for approval to engage in any regulated activities as defined in § 365-4 of this chapter.
A man-made watercourse which was constructed to convey water
as part of a stormwater conveyance/management facility, including,
but not limited to, drainage swales, detention/retention basins, property
line swales, BMPs, and other stormwater conveyance/management facilities
as identified by the Township Board of Commissioners after consultation
with the Township Engineer.
Those prepared and maintained by the contractor(s), as the
contractor(s) constructs the project and upon which the contractor
documents the actual locations of the constructed components and changes
to the original contract documents. These, or a copy of same, signed
by the contractor and notarized as a ". . .true, correct and accurate
representation of the constructed components. . ." are turned over
to the Township's Engineer at the completion of the project.
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
The portion of stream flow that is sustained by groundwater
discharge.
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated earth disturbance
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.
The Pocono Township Board of Commissioners.
The area of land immediately adjacent to any wetland, lake,
pond, or stream, measured perpendicular to and horizontally from the
delineated edge of the wetland, lake, pond, or the top-of-bank on
both sides of a stream.
The widening, deepening, and headward cutting of small channels
and waterways caused by stormwater runoff or bankfull flows.
An underground reservoir or tank for storing rainwater.
The Monroe County Conservation District. 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 102.
That part of water removed from the immediate water environment
not available for other purposes such as water supply, maintenance
of stream flows, water quality, fisheries and recreation, as opposed
to water that is used nonconsumptively, which is returned to surface
water, where practicable, and groundwater.
A structure with appurtenant works, which carries water 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 (PADEP).
A Pennsylvania-registered professional engineer, Pennsylvania-registered
landscape architect or a Pennsylvania-registered professional land
surveyor trained to develop stormwater management plans.
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.
The agent of the Monroe County Planning Commission, Monroe
County Conservation District and/or agent of the municipality 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.
Those subareas in which some type of detention is required
to meet the Stormwater Management Plan requirements and the goals
of Act 167.
The specific tract of land for which a regulated activity
is proposed. See "project site."
Drainage discharge not confined to a single-point location
or channel, such as sheet flow or shallow concentrated flow.
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 overland or pipe flow from
the site would be directed towards it.
A stormwater management facility designed to transmit stormwater
runoff and shall include channels, swales, pipes, conduits, culverts,
storm sewers, etc.
A right granted by a grantor to a grantee, allowing the use
of private land for stormwater management purposes.
A permit issued by the municipality after the drainage plan
has been approved.
See "stormwater management site plan."
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, 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.
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
A structure or activity that changes, expands or diminishes
the course, current or cross section of a watercourse, floodway or
body of water.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A site-specific plan that is designed to minimize accelerated
erosion and sedimentation during construction.
Surface waters of exceptionally high quality which satisfy
Pennsylvania Code, Title 25, Environmental Protection, Chapter 93,
Water Quality Standards, § 93.4b(b) (relating to anti-degradation),
as amended.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity. If the dominant land cover
on 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.
A map of the subject parcel showing environmentally sensitive
areas, including, but not limited to, steep slopes, ponds, lakes,
streams, wetlands, hydric soils, floodplains, buffer areas, hydrologic
soil groups A and B (areas conducive to infiltration), any existing
recharge areas, existing structures, property boundary line, areas
of impervious surface, soils lines and descriptions from the most
recent Monroe County Soil Survey, existing well locations, existing
septic systems, existing contours, soil testing locations keyed to
testing results, existing drainage structures, photograph location
(if available), and the ratio of disturbed area to the entire site
area and measures taken to minimize earth disturbance.
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. 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, which 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
from the stream to 50 feet from the top of the bank of the stream,
or as determined by a detailed floodplain analysis study prepared
by a Pennsylvania-registered professional engineer.
Planning and activities necessary for the management of forestland
with no change of land use proposed. These include timber inventory
and preparation of forest management plans, silvicultural treatment,
cutting budgets, logging road design and construction, timber harvesting
and reforestation.
A vertical distance between the elevation of the design high-water
and 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 natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to convey surface water.
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
without degrading groundwater quality.
Hydrologic Modeling System (HMS) computer program.
Surface waters having quality which exceeds levels necessary
to support propagation of fish, shellfish, and wildlife and recreation
in and on the water by satisfying Pennsylvania Code, Title 25, Environmental
Protection, Chapter 93, Water Quality Standards, § 93.4b(a),
as amended.
The hydrologic cycle or balance that sustains quality and
quantity of stormwater, baseflow, storage and groundwater supplies
under natural conditions.
A classification of soils by the Natural Resources Conservation
Service, formerly the Soil Conservation Service, 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 more runoff.
A surface that prevents the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate, either to the groundwater
(retention basin) or surface discharge (detention basin).
Development that occurs on smaller parcels that are undeveloped
but are within or in very close proximity to urban areas. The development
relies on existing infrastructure and does not require an extension
of water, sewer or other public utilities.
For stormwater to pass through the soil from the surface.
A structure designed to direct runoff into the underground
water (e.g., French drains, seepage pits, seepage trench).
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.
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, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
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;
A subdivision of land;
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, as amended.[1]
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling;
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; or
A rock formation, other stratum or soil condition which is so
slowly permeable that it effectively limits downward passage of water.
A unit into which land is divided, or other parcel of land
intended, whether immediate or future, for transfer of ownership,
lease, rent, improvement or development. Whenever a lot is used for
a multiple-family dwelling or for commercial, institutional or industrial
purposes, the lot shall be deemed to have been subdivided into an
equivalent number of single family residential lots as determined
by estimated sewage flows.
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.
Any stream segment or other runoff conveyance facility used
as a reach in the Brodhead/McMichael hydrologic model.
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.
Pocono Township, Monroe County, Pennsylvania.
(See "hydrologic regime.")
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Methods of controlling stormwater runoff quantity and quality,
such as innovative site planning, impervious area and grading reduction,
protection of natural depression areas, temporary ponding on site
and other techniques.
Natural Resource Conservation Service (previously SCS).
A drainage element in which stormwater flows within 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.
Pocono Township Act 167 Stormwater Management Ordinance (this
chapter).
Point where water flows from a conduit, stream, or drain.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
The parcel of land from which a land development or subdivision
originates existing as of November 21, 1994, the date of municipal
adoption of the original McMichael and Brodhead Creeks Stormwater
Management and Earth Disturbance Ordinance.
Involves the use of parking areas as temporary impoundments
with controlled release rates during rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
The computer-based hydrologic modeling technique adapted
to the Brodhead/McMichael watershed for the Act 167 Plan. The model
has been "calibrated" to reflect actual recorded flow values by adjoining
key model input parameters.
Any security which may be accepted by the Township in lieu
of a requirement that certain improvements be made by the developer
before the plan is approved, including corporate bonds, escrow or
trust agreement, and other similar collateral or surety agreements.
Any area not defined as an impervious surface.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Pocono Township Planning Commission.
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 based on data obtained from the
National Oceanographic and Atmospheric Administration (NOAA).
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
Undeveloped/natural condition.
Techniques employed in structural and nonstructural stormwater BMPs to provide storage or filtering to help trap coarse materials and other pollutants before they enter the system, but not necessarily meet the water quality volume requirements of § 365-10.
The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
A rainfall-runoff relation used to estimate peak flow.
Undisturbed or reconditioned surface area or depression where
stormwater collects, and a portion of which infiltrates and replenishes
the underground and groundwater.
Original documents revised by the contractor(s) to suit the
as-built conditions and subsequently provided to the engineer. The
engineer takes the contractor's as-builts; reviews them in detail
with his/her own records for completeness; transfers the information
to a set of reproducible Mylars; and then turns these over to the
applicant and the municipality, for the applicant's and the municipality's
permanent records. The contractor must sign, certify and have notarized
these plans as a ". . . true, correct and accurate representation
of the constructed components. . ."
Any construction, alteration, or improvement exceeding 5,000
square feet of impervious surface on sites where existing land use
is commercial, industrial, institutional, or multifamily residential.
Actions or proposed actions that have an impact on stormwater runoff quality and quantity and that are specified in § 365-4 of this chapter.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
The percentage of existing conditions peak rate of runoff
from a site or subarea to which the post-development peak rate of
runoff must be reduced to protect downstream areas.
A structure in which stormwater is stored and not released
during the storm event. Retention basins do not have an outlet other
than recharge and must infiltrate stored water in no more than four
days.
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.
A permanent area of trees and shrubs located adjacent to
streams, lakes, ponds and wetlands.
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.
Temporary ponding and gradual release of stormwater falling
directly onto roof surfaces by incorporating controlled-flow roof
drains into building designs.
Any part of precipitation that flows over the land surface.
Chapter 390, Subdivision and Land Development, of the Code of the Township of Pocono.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water during construction.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water or air.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the groundwater.
Runoff that flows over the ground surface as a thin, even
layer.
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)."
The zone through which contaminants, if present, are likely
to migrate and reach a drinking water well or surface water intake.
Watersheds for which the receiving waters are exceptional
value (EV) or high quality (HQ) waters.
A conveyance that is used to pass the peak discharge of the
maximum design storm controlled by the stormwater facility.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.[2]
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 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 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 quality or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration structures.
The plan for managing those land use activities that will
influence stormwater runoff quality and quantity and that would impact
the Brodhead/McMichael Watershed, adopted by Monroe County and Pike
County as required by the Act of October 4, 1978, P.L. 864, (Act 167),
as amended, and known as the "Brodhead/McMichael Watershed Act 167
Stormwater Management Plan."
The plans and documentation prepared by the applicant, or
his representative, indicating how stormwater runoff will be managed
at the particular site of interest according to this chapter.
A natural watercourse.
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
dwelling, shall be exempted.
A low-lying stretch of land which 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.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
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.
The point at which a groundwater well bore hole meets the
surface of the ground.
The surface and subsurface area surrounding a water supply
well, well field, spring or infiltration gallery supplying a public
water system, through which contaminants are reasonably likely to
move toward and reach the water source.
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.
