For the purposes of this article, certain terms
and words used herein shall be interpreted as follows:
A.Â
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.Â
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.Â
The word "person" includes an individual, firm, association,
organization, partnership, trust, company, corporation, or any other
similar entity.
D.Â
The words "shall" and "must" are mandatory; the words
"may" and "should" are permissive.
E.Â
The words "used or occupied" imply the phrase "intended,
designed, maintained, or arranged to be used or occupied."
As used in this article 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, discing, harrowing, pasturing 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.
A landowner or developer who has filed an application for approval to engage in any regulated activities as defined in § 124-70 of this article.
The widening, deepening, and upslope cutting of small channels
and waterways, due to erosion caused by moderate to large floods.
An underground reservoir or tank for storing rainwater.
The Monroe County Conservation District.
A structure with appurtenant works which carries a stream
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 agent of the Monroe County Planning Commission and/or
agent of the municipality involved with the administration, review
or enforcement of any provisions of this article.
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.
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 plan requirements and the goals of Act 167.[1]
A person, partnership, association, corporation, or other entity, or any responsible person therein or agent thereof, that undertakes any regulated activity as identified in § 124-70 of this article.
The specific lot, tract or parcel of land for which a regulated activity, as identified in § 124-70 of this article is proposed.
See "outfall."
That portion of the property line of the development site
located such that all or a portion of overland or pipe flow from the
site would be directed towards it.
A stormwater management facility either existing or designed
to transmit stormwater runoff including 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.
A permit issued by the municipal governing body after the
drainage plan has been approved.
The combined stormwater management site plan and narrative,
the erosion and sediment pollution control plan and narrative, and
the nonpoint source pollution control plan and narrative.
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the existing surface.
An outlet of a pond or basin designed to pass peak discharge
greater than the maximum design storm(s) controlled by the pond.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan which is designed to minimize accelerated erosion
and sedimentation.
The initial condition of a project site prior to the proposed
construction. 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.
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.
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
Maps as being a special flood-hazard area. Also included are areas
that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania
Department of Environmental Protection (PADEP) Technical Manual for
Sewage Enforcement Officers (as amended or replaced from time to time
by PADEP).
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the one-hundred-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 one-hundred-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.
Planning and activities necessary for the management of forest
land. These include timber inventory and preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation and reforestation.
The vertical distance between the elevation of the design
highwater 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 slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from cropland.
Replenishment of existing natural underground water supplies.
A surface that prevents the percolation of water into the
ground.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
A structure designed to direct runoff into the ground (e.g.,
french drain, seepage pit, seepage trench).
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.
Any subdivision of land;
Development in accordance with § 503(1.1)
as well as other applicable provisions of the PA Municipalities Planning
Code.[2]
Any stream segment or other runoff conveyance facility used
as a reach in the Tobyhanna Creek hydrologic model.
A method for calculation of flow velocity (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 if the flow is not under pressure.
The Township of Tobyhanna, Monroe County, Pennsylvania.
Pollution that enters surface or groundwater from diffuse
origins in the watershed and does not result from discernible, confined,
or discrete conveyances.
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.
A point at which water is discharged.
Tracts of land shown as whole parcels as of the date of the
Tobyhanna Creek Watershed Plan county adoption.
The use of impervious parking areas as temporary stormwater
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 Tobyhanna Creek Watershed for the Act 167 Plan. The model has
been calibrated to reflect actual recorded flow values by adjoining
key model input parameters.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
See "stormwater management plan."
The planning commission of Tobyhanna Township.
A method used to estimate peak flow.
Actions or proposed actions that have an impact on stormwater runoff and that are specified in § 124-70 of this article.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released at a controlled
rate from the basin at some time after the end of the storm.
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 (see "storm frequency").
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 flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any part of precipitation that flows over the land surface.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
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 article.
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 Natural Resources
Conservation Service (NRCS) that is based on relating soil type and
land use/cover to a runoff parameter called "curve number" (CN).
A classification of soils by the Natural Resources Conservation
Service (NRCS) 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.
An outlet of a pond as basin used to pass the design storms
controlled by the pond.
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 total amount of precipitation 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. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, infiltration structures and capacity improvements.
The plan for managing stormwater runoff in the Tobyhanna
Creek Watershed adopted by Monroe or Carbon or Wayne Counties as required
by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the
"Tobyhanna Creek Watershed Action 167 Stormwater Management Plan."
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed as required by this
article.
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 as well as other applicable provisions of the Municipalities
Planning Code 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 exempt.
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 stream of water; river; brook; creek; or a channel or ditch
for water, whether natural or manmade, 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.
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, ferns, and similar areas.