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 of 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 § 182-5 of this chapter.
Those maintained by the contractor as he constructs the project
and upon which he documents the actual locations of the building components
and changes to the original contract documents. These, or a copy of
same, are turned over to the engineer at the completion of the project.
The channel at the top-of-bank or point where water begins
to overflow onto a floodplain.
Portion of stream discharge derived from groundwater; the
sustained discharge that does not result from direct runoff or from
water diversions, reservoir releases, piped discharges, or other human
activities.
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.
A stormwater retention area which utilizes woody and herbaceous
plants and soils to remove pollutants before infiltration occurs.
The area of land immediately adjacent to any stream, measured
perpendicular to and horizontally from the top-of-bank on both sides
of a stream.
Rock consisting chiefly of carbonate minerals, such as limestone
and dolomite; specifically a sedimentary rock composed of more than
50% by weight of carbonate minerals that underlies soil or other unconsolidated,
superficial material.
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 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 Berks County Conservation District, 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.
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.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
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."
A watershed which is listed under the Pennsylvania Department
of Environmental Protection's "Index of Designated Watersheds
(Stormwater Management)" pursuant to the Stormwater Management Act,
P.L. 864, No. 167, October 4, 1978,[1] and published in the Pennsylvania Bulletin on May 31,
1980 and August 9, 1980, as amended on November 19, 1991, April 21,
1992, June 21, 1994, April 16, 1996, April 15, 1997, and December
16, 1997.
The agent of the Berks County Planning Commission, Berks
County Conservation District 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 designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event and are dry until the next rainfall event.
Those subareas in which some type of detention is required
to meet the plan requirements and the goals of Act 167.[2]
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
A person that seeks to undertake any regulated earth disturbance
activities at a project site in the Township of Maidencreek.
See "earth disturbance activity." The term includes redevelopment.
The specific tract of land where any earth disturbance activities
in the Township of Maidencreek are planned, conducted, or maintained.
Drainage discharge not confined to a single point location
or channel, such as sheet flow or shallow concentrated flow.
To release water from a project, site, aquifer, drainage
basin or other point of interest (verb): The rate and volume of flow
of water such as in a stream, generally expressed in cubic feet per
second (volume per unit of time)(noun). See also "peak discharge."
The point where stormwater flows into.
Unstabilized land area where an earth disturbance activity
is occurring or has occurred.
An artificial waterway for irrigation or stormwater conveyance.
That portion of the property line of the lot, tract, or parcels
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 landowner to a grantee, allowing the
use of private land for stormwater management purposes.
A permit issued by the municipal governing body after the
drainage plan has been approved.
The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in § 182-25.
A construction or other human activity which disturbs the
surface of 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.
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 process by which the surface of the land, including channels,
is worn away by water, wind, or chemical action.
A plan for a project site which identifies BMPs to minimize
accelerated erosion and sedimentation.
Surface waters of high quality which satisfy Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(b) (relating to antidegradation).
The initial condition of a project site prior to the proposed
alteration. 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 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 Department of Housing and
Urban Development, Federal Insurance Administration Flood Hazard Boundary
Map, as being a special flood hazard area.
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-bank.
The study of landforms associated with river channels and
the processes that form them.
Planning and activities necessary for the management of forest
land 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.
Water beneath the earth's surface, often between saturated
soil and rock that supplies wells and springs.
Replenishment of existing natural undergroundwater supplies
without degrading groundwater quality.
Hydrologic Modeling System (HMS). This model was used to
model the Maiden Creek watershed during the Act 167 plan development
and was the basis for the standards and criteria of this chapter.
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).
Areas where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
A graph of discharge versus time for a selected point in
the drainage system.
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 much more runoff.
A surface that prevents the infiltration of water into the
ground. "Impervious surface" includes, but is not limited to, any
roof, parking or driveway areas, swimming pools, ponds, patios, garages,
storage sheds and similar structures; and any new streets and sidewalks.
Decks are not counted as impervious areas if they do not prevent infiltration.
Any surface areas designed to be gravel or crushed stone shall be
assumed to be impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Development that occurs on smaller parcels that remain 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.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolates downward
to recharge groundwater.
A structure designed to direct runoff into the undergroundwater
(e.g., french drains, seepage pits, seepage trench).
The upstream end of any structure through which water may
flow.
A stream that flows only part of the time. Flow generally
occurs for several weeks or months in response to seasonal precipitation,
due to groundwater discharge.
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 PA Municipalities
Planning Code.[3]
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.
A rock formation, other stratum or soil condition which is so
slowly permeable that it effectively limits downward passage of effluent.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
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 Maiden Creek 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.
A professional engineer licensed as such in the commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Township of Maidencreek, Berks County, Pennsylvania.
See "hydrologic regime."
Undisturbed surface area or depression where stormwater collects,
and a portion of which infiltrates and replenishes the underground
and groundwater.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
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.
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act,[4] which is delegated to DEP in Pennsylvania.
Natural Resource Conservation Service (previously "SCS").
"Point source" as described in 40 CFR 122.2 at the point
where the Township of Maidencreek's storm sewer system discharges
to surface waters of the commonwealth.
Points of water disposal to a stream, river, lake, tidewater,
or artificial drain.
The parcel of land from which a land development or subdivision
originates, determined from the date of municipal adoption of this
chapter.
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 model developed at the Pennsylvania
State University.
Any area not defined as impervious.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of the Township of Maidencreek.
Any discernible, confined, and 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.[5]
Period after construction where disturbed areas are stabilized,
stormwater controls are in place and functioning and all proposed
improvements in the approved land development plan are completed.
Undeveloped/natural condition.
Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily meet the water quality volume requirements of § 182-14.
The specific area of land where any regulated earth disturbance
activities in the Township of Maidencreek are planned, conducted,
or maintained.
A rainfall-runoff relation used to estimate peak flow.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Original documents revised to suit the as-built conditions
and subsequently provided by the engineer to the client. The engineer
takes the contractor's as-builts, reviews them in detail with
his/her own records for completeness, then either turns these over
to the client or transfers the information to a set of reproducibles,
in both cases for the client's permanent records.
The demolition, construction, reconstruction, alteration,
or improvement exceeding 2,000 square feet of land disturbance performed
on sites where existing land use is commercial, industrial, institutional,
or multifamily residential. 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. Utility trenches in streets are not considered
redevelopment unless more than 50% of the street width is removed
and repaved.
Any actions or proposed actions that involve the alteration
or development of land in a manner that may affect stormwater runoff.
The percentage of existing conditions peak rate of runoff
from a site or subarea to which the proposed condition 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. For example, the twenty-five-year
return period rainfall would be expected to recur on the average of
once every 25 years.
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.
Earth disturbance activities within the existing road cross
section, such as grading and repairing existing unpaved road surfaces,
cutting road banks, cleaning, or clearing drainage ditches and other
similar activities.
A drainage conduit or pipe that collects water runoff from
a roof and leads it away from the structure.
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.
Subdivision and land development Ordinance; Chapter 190 of the Code of the Township of Maidencreek.
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 undergroundwater.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.
Stormwater runoff flowing in shallow, defined ruts prior
to entering a defined channel or waterway.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
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.
Carbonate bedrock features, including but not limited to
closed depressions, existing sinkholes, fracture traces, lineaments,
joints, faults, caves, and pinnacles, which may exist and must be
identified on a site when stormwater management BMPs are being considered.
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 Pa. Code Title 25 and the Clean Streams
Law.[8]
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.
The surface runoff generated by precipitation or snow or
ice melt reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate 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 Maiden Creek Watershed adopted by Berks County and Lehigh County
as required by the Act of October 4, 1978, P.L. 864, (Act 167),[9] and known as the "Maiden Creek Watershed Act 167 Stormwater
Management Plan."
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this chapter. Stormwater management
site plan will be designated as SWM site plan throughout this chapter.
A natural watercourse.
The land area adjacent to each side of a stream, essential
to maintaining water quality. (See "buffer.")
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.
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, or parts thereof,
whether natural or artificial, within or on the boundaries of this
commonwealth.
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.
Highest point of elevation in a stream channel cross section
at which a rising water level just begins to flow out of the channel
and over the floodplain.
United States Department of Agriculture.
Seasonal depressional wetlands that are covered by shallow
water for variable periods from winter to spring, but may be completely
dry for most of the summer and fall.
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, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and undergroundwater, 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
body of water, whether natural or artificial.
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.
Pond for urban runoff management that is designed to detain
urban runoff and always contains water.
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, fens, and similar areas.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: 33 U.S.C. § 1251 et seq.
[5]
Editor's Note: See now 25 Pa. Code § 92a.2.
[6]
Editor's Note: See now 25 Pa. Code Chapter 92A.
[7]
Editor's Note: 35 P.S. § 691.1 et seq. (clean
streams law)
[8]
Editor's Note: 35 P.S. § 691.1 et seq. (clean
streams law)
[9]
Editor's Note: See 32 P.S. § 680.1 et seq.
