(a) For the purpose of this chapter, certain terms and words used herein shall be interpreted as follows:
(a)(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.
(a)(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.
(a)(3) The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
(a)(4) The words “shall” and “must” are mandatory; the words “may” and “should” are permissive.
(a)(5) The words “used” or “occupied” include the words’ “intended, designed, maintained, or arranged to be used, occupied or maintained.”
(b)(1) “Accelerated erosion” means the removal of the surface of the land through the combined action of human activity and natural processes at a rate greater than would occur because of the natural process alone.
(b)(2) “Agricultural activities” means activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops, 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 areas are not considered an “agricultural activity.”
(b)(3) “Alteration.” 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; changing of surface conditions by causing the surface to be more or less impervious; land disturbance.
(b)(4) “Applicant” means a landowner, developer, or other person who has filed an application for approval to engage in any regulated activities at a project site within the municipality.
(b)(5) “Best management practices (BMPs)” means 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.
(b)(5)(A) Stormwater BMPs are commonly grouped into one of two broad categories or measures: “non-structural” or “structural.”
(b)(5)(A)(1) “Non-structural” BMPs are measures referred to as operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas “structural” BMPs are measures that consist of a physical device or practice that is installed to capture and treat stormwater runoff.
(b)(5)(A)(2) “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, bio-retention, 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.
(b)(6) “Channel erosion” means the widening, deepening, and headword cutting of small channels and waterways, due to erosion caused by moderate to large floods.
(b)(7) “Cistern” means an underground reservoir or tank used for storing rainwater.
(b)(8) “Conservation District” means the Erie County Conservation District. The Erie County Conservation District has the authority under a delegation agreement executed with the Department of Environmental Protection to administer and enforce all or a portion of the regulations promulgated under 25 PA Code Chapter 102.
(b)(9) “Culvert” means a structure with appurtenant works that carries a stream and/or stormwater runoff under or through an embankment or fill.
(b)(10) “Dam” means 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 semi-fluid.
(b)(11) “Design storm” means the magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 25-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems. Also see “return period.”
(b)(12) “Designee” means the agent of this municipality 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
(b)(13) “Detention basin” means an impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
(b)(14) “Detention volume” means the volume of runoff that is captured and released into Waters of the Commonwealth at a controlled rate.
(b)(15) “Developer” means a person, partnership, association, corporation, or other entity or any responsible person therein or agent thereof, that undertakes any regulated activity of this chapter.
(b)(16) “Development site (site)” means the specific tract of land for which a regulated activity is proposed. Also see “project site.”
(b)(17) “Disturbed area” means an unstabilized land area where an earth disturbance activity is occurring or has occurred.
(b)(18) ‘Downslope property line” means that portion of the property line of the lot, tract, or parcels of land being developed located such that all overland or pipe flow from the site would be directed toward it.
(b)(19) “Drainage conveyance facility” means a stormwater management facility designed to convey stormwater runoff and shall include streams, channels, swales, pipes, conduits, culverts, storm sewers, and the like.
(b)(20) “Drainage easement” means a right granted by a landowner to a grantee, allowing the use of private land for stormwater management, drainage, or conveyance purposes.
(b)(21) “Drainageway” means any natural or artificial watercourse, trench, ditch, pipe, swale, channel, or similar depression into which surface water flows.
(b)(22) “Earth disturbance activity” means a construction or other human activity which disturbs the surface of the 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.
(b)(23) “Erosion” means the movement of soil particles by the action of water, wind, ice, or other natural forces.
(b)(24) “Erosion and sediment pollution control plan” means a plan which is designed to minimize accelerated erosion and sedimentation.
(b)(25) ‘Exceptional value waters” means surface waters of high quality, which satisfies PA Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, 93.4b(b) (relating to anti-degradation).
(b)(26) “Existing conditions” means the initial condition of a project site prior to the proposed construction. If the initial condition of the site is undeveloped land and not forested, the land use shall be considered as “meadow” unless the natural land cover is documented to generate lower curve numbers or rational “C” coefficient.
(b)(27) “FEMA” means the Federal Emergency Management Agency.
(b)(28) “Flood” means 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 the Commonwealth.
(b)(29) “Flood fringe” means the remaining portions of the 100-year floodplain outside of the floodway boundary.
(b)(30) “Floodplain” means 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 – mapped as being a special flood hazard area. Included are lands adjoining a river or stream that have been or may be inundated by a 100-year flood. 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).
(b)(31) “Floodway” means 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 from the stream to 50 feet landward from the top of the bank of the stream.
(b)(32) “Forest management/timber operations” means planning and activities necessary for the management of forestland. 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.
(b)(33) “Freeboard” means a vertical distance between the elevation of the design high water and the top of a dam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a tank, pond, or basic.
(b)(34) “Grade” means a slope, usually of a road, channel, or natural ground specified in percent and shown on plans as specified herein.
(b)(35) “(To) Grade” means to finish the surface of a roadbed, top of embankment, or bottom of excavation.
(b)(36) “Groundwater recharge” means replenishment of existing natural underground water supplies.
(b)(37) “HEC-HMS Model Calibrated (Hydrologic Engineering Center Hydrologic Modeling System)” means a computer-based hydrologic modeling technique adapted to the watershed(s) in Eire County for the Act 167 Plan. The model has been calibrated by adjusting key model input parameters.
(b)(38) “High quality waters” means surface water having quality, which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying PA Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards 93.4b(a).
(b)(39) “Hydrologic soil group (HSG)” means infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into one of four HSG (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The Natural Resource Conservation Service (NRCS) of the U.S. Department of Agriculture 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 interest may be identified from a soil survey report from the local NRCS office or the County Conservation District.
(b)(40) “Impervious surface (impervious area)” means a surface that prevents the infiltration of water into the ground. “Impervious surface (or areas)” include, but is not limited to: roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, parking or driveway areas, and any new streets and sidewalks. Any surface areas proposed to initially be gravel or crushed stone shall be assumed to be “impervious surfaces.”
(b)(41) “Impoundment” means a retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.
(b)(42) “Infiltration structures” means a structure designed to direct runoff into the ground (e.g., trench drains, seepage pits, seepage trench, and the like).
(b)(43) “Inlet” means a surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow.
(b)(44) “Land development (development).”
(b)(44)(A) 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 buildings, 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;
(b)(44)(B) Any subdivision of land;
(b)(44)(C) Development in accordance with Section 503 (1.1) of the PA Municipalities Planning Code.
(b)(45) “Low impact development (LID)” means an approach to land development that uses various land planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts.
(b)(46) “Main stem (main channel)” means any stream segment or other runoff conveyance facility used as a reach in the Erie County Act 167 watershed hydrologic model(s).
(b)(47) “Manning Equation (Manning Formula)” means 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.
(b)(48) “Municipality” means Lawrence Park Township, Erie County, Pennsylvania.
(b)(49) “National Pollutant Discharge Elimination System (b)(NPDES)” means the federal government’s system for issuance of permits under the Clean Water Act, which is delegated to PADEP in Pennsylvania.
(b)(50) “NOAA Atlas 14” means Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland (2004). NOAA’s Atlas 14 can be accessed at internet address http://hdsc.nws.noaa.gov/hdsc/pfds/.
(b)(51) “Non-point source pollution” means pollution that enters a water body from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.
(b)(52) “NRCS” means Natural Resource Conservation Service (previously Soil Conservation Service (SCS)).
(b)(53) “Open channel” means 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 not under pressure.
(b)(54)(A) Point where water flows from a conduit, stream, or drain;
(b)(54)(B) “Point Source” as described in 40 CFR § 122.2 at the point where the Municipality’s storm sewer system discharges to surface Waters of the Commonwealth.
(b)(55) “Outlet” means points of water disposal from a stream, river, lake, tidewater, or artificial drain.
(b)(56) “PADEP” means the Pennsylvania Department of Environmental Protection.
(b)(57) “Parking lot storage” involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms.
(b)(58) “Peak discharge” means the maximum rate of stormwater runoff from a specific storm event.
(b)(59) “Person” means an individual, partnership, public or private association or corporation, 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, servants and agents of an association, officers, agents and servants of a corporation, and the officers of a municipality or country, but shall exclude any department, board, bureau or agency of the Commonwealth.
(b)(60) “Pervious area” means any area not defined as impervious.
(b)(61) “Pipe” means a culvert, closed conduit, or similar structure (b)(including appurtenances) that conveys stormwater.
(b)(62) “Planning Commission” means the Planning Commission of Lawrence Park Township.
(b)(63) “Point source” means any discernible, confined, or 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.
(b)(64) “Probable maximum flood (PMF)” means the flood that may be expected from the most severe combination of critical meteorological and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation (PMP) as determined on the basis of data obtained from the National Oceanographic and Atmospheric Administration (NOAA).
(b)(65) “Project site” means the specific area of land where any regulated activities in the Municipality are planned, conducted, or maintained.
(b)(66) “Qualified professional” means any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this chapter.
(b)(67) “Rational formula” means a rainfall-runoff relation used to estimate peak flow.
(b)(68) “Redevelopment” means earth disturbance activities on land, which has previously been developed.
(b)(69) “Regulated activities” means any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff.
(b)(70) “Regulated earth disturbance activity” means activity involving earth disturbance subject to regulation under 25 PA Code Chapter 92, Chapter 102, or the Clean Streams Law.
(b)(71) “Release rate” means the percentage of pre-development peak rate of runoff from a site or subwatershed area to which the post-development peak rate of runoff must be reduced to protect downstream areas.
(b)(72) “Release rate district” means those subwatershed areas in which post-development flows must be reduced to a certain percentage of pre-development flows as required to meet the plan requirements and the goals of Act 167.
(b)(73) “Retention basin” means an impoundment in which stormwater is stored and not released during the storm event. Stored water may be released from the basin at some time after the end of the storm.
(b)(74) “Retention volume/removed runoff” means the volume of runoff that is captured and not released directly into the surface Waters of this Commonwealth during or after a storm event.
(b)(75) “Return period” means the average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the 25-year return period rainfall would be expected to recur on the average once every 25 years; or stated in another way, the probability of a 25-year storm occurring in any one given year is 0.04 (i.e., a 4% chance).
(b)(76) “Riparian buffer” means a vegetated area bordering perennial and intermittent streams and wetlands that serves as a protective filter to help protect streams and wetlands from the impacts of adjacent land uses.
(b)(77) “Riser” means 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.
(b)(78) “Road maintenance” means earth disturbance activities within the existing road right-of-way, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches, and other similar activities. Road maintenance activities that do not disturb the subbase of a paved road (such as milling and overlays) are not considered earth disturbance activities.
(b)(79) “Rooftop Detention” means temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs.
(b)(80) “Runoff” means any part of precipitation that flows over the land surface.
(b)(81) “Runoff capture volume” means the volume of runoff that is captured (retained) and not released into surface Waters of the Commonwealth during or after a storm event.
(b)(82) “Sediment” means soils or other materials transported by surface water as a product of erosion.
(b)(83) “Sediment basin” means a barrier, dam, retention, or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by stormwater runoff.
(b)(84) “Sediment pollution” means the placement, discharge, or any other introduction of sediment into Waters of the Commonwealth occurring from the failure to properly design, construct, implement, or maintain control measures and control facilities in accordance with the requirements of this chapter.
(b)(85) “Sedimentation” means the process by which mineral or organic matter is accumulated or deposited by the movement of water.
(b)(86) “Seepage pit/seepage trench” means an area of excavated earth filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the ground.
(b)(87) “Separate storm sewer system” means 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.
(b)(88) “Sheet flow” means runoff that flows over the ground surface as a thin, even layer, not concentrated in a channel.
(b)(89) “Soil cover complex method” means 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).
(b)(90) “Spillway (emergency)” means a depression in the embankment of a pond or basin, or other overflow structure, that is used to pass peak discharges greater than the maximum design storm controlled by the pond or basin.
(b)(91) “State water quality requirements” means the regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of that Pennsylvania Code and the Clean Streams Law.
(b)(92) “Storage indication method” means 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.
(b)(93) “Storm frequency” means the number of times that a given storm “event” occurs or is exceeded on the average in a stated period of years. See also “return period.”
(b)(94) “Storm sewer” means a system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources, but excludes domestic sewage and industrial wastes.
(b)(95) “Stormwater” means runoff from the surface of the land resulting from precipitation, snow, or ice melt.
(b)(96) “Stormwater hotspot” means a land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants that are found in typical stormwater runoff.
(b)(97) “Stormwater management facilities” means 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, and infiltration facilities.
(b)(98) “Stormwater management plan” means the Erie County Stormwater Management Plan for managing stormwater runoff in Erie County as required by the Act of October 4, 1978, P.L. 864 (Act 167) and known as the “Storm Water Management Act.”
(b)(99) “Stormwater management site plan (SWM site plan)” means the plan prepared by the applicant or his or her representative indicating how stormwater runoff will be managed at the project site in accordance with this chapter.
(b)(100) “Stream enclosure” means a bridge, culvert, or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated Waters of the Commonwealth.
(b)(101) “Subwatershed area” means the smallest drainage unit of a watershed for which stormwater management criteria has been established in the stormwater management plan.
(b)(102) “Subdivision” means the division or re-division 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, 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 ten acres, not involving any new street or easement of access or any residential dwellings, shall be exempt. (Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247)
(b)(103) “Swale” means a low-lying stretch of land that gathers or carries surface water runoff.
(b)(104) “Timber operations.” See “forest management.”
(b)(105) “Time of concentration (Tc)” means 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.
(b)(106) “USDA” means the United States Department of Agriculture.
(b)(107) “Watercourse” means a channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
(b)(108) “Waters of the Commonwealth” means rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
(b)(109) “Watershed” means area drained by a river, watercourse, or other surface water, whether natural or artificial.
(b)(110) “Wetland” means 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, and similar areas. (The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland areas designated by a river basin commission. This definition is used by the United States Environmental Protection Agency and the United States Army Corps of Engineers.)