For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(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 words “shall” and “must” are mandatory; the words “may” and “should” are permissive.
AGRICULTURAL ACTIVITY. Activities associated with agriculture such as agricultural cultivation, agricultural operation and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an AGRICULTURAL ACTIVITY.
APPLICANT. A landowner, developer or agent of a property owner who has filed an application for approval to engage in any regulated activity at a project site in the borough.
BMP (BEST MANAGEMENT PRACTICE). Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this chapter. PERMANENT 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-scaled 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 PERMANENT STORMWATER BMPs are permanent appurtenances to the project site.
CHANNEL. A natural or artificial watercourse with a defined bed and banks that conveys continuously or periodically flowing water.
CONSERVATION DISTRICT. A conservation district, as defined in § 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.
DESIGN STORM. 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.
DEP. The Pennsylvania Department of Environmental Protection.
DETENTION VOLUME. The volume of runoff that is captured and released into the waters of the Commonwealth at a controlled rate.
DEVELOPMENT SITE (SITE). See PROJECT SITE.
DISCONNECTED IMPERVIOUS AREA (DIA). An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a pervious area, which allows for infiltration, filtration and increased time of concentration as specified in Appendix A.
DISTURBED AREA. An unstabilized land area where an earth disturbance activity is occurring or has occurred.
EARTH DISTURBANCE ACTIVITY. A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, roadside maintenance, building construction and the moving, depositing, stockpiling or storing of soil, rock or earth materials.
EASEMENT. A legal right granted by a landowner to a grantee allowing the use of private land for conveyance or treatment of stormwater runoff and access to stormwater practices.
EROSION. The natural process by which the surface of the land is worn away by water, wind or chemical action.
EROSION AND SEDIMENT CONTROL PLAN (E&S PLAN). A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
EXISTING PRE-DEVELOPMENT CONDITION. The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FLOODPLAIN. Any land area susceptible to inundation by water from any natural source or delineated by applicable Federal Emergency Management Agency (FEMA) maps and studies as being a special flood hazard area. Also included are those soil groups found in Appendix 13 of the (1993) DER Technical Manual for Sewage Enforcement Officers, Soil Groups, Appendix A (as amended or replaced from time to time by PADEP).
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains that is reasonably required to carry and discharge the 100-year 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 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.
FOREST MANAGEMENT/TIMBER OPERATIONS. Planning and activities necessary for the management of forestland. These include timber inventory and preparation of forest management plans, silvicultural treatment, logging road design and construction, timber harvesting, site preparation and reforestation.
HYDROLOGIC SOIL GROUP (HSG). Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The Natural Resources 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 the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS).
IMPERVIOUS SURFACE (IMPERVIOUS AREA). A surface that prevents the infiltration of precipitation into the ground (e.g., building area/footprint, pavement, sidewalks, driveways and the like). Decks, gravel parking areas, gravel driveways, porous concrete, porous asphalt, porous pavers and green roofs are not counted as IMPERVIOUS AREAS if they do not prevent infiltration.
INFILTRATION. The entrance of surface water into the soil, usually at the soil/air interface.
LAND DEVELOPMENT (DEVELOPMENT). Inclusive of any or all of the following meanings:
(a) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
1. A group of two or more buildings; or
2. 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) Any subdivision of land; and
(c) Development in accordance with 53 P.S. § 10503(1.1) of the Pennsylvania Municipalities Planning Code.
MCCD. Mercer County Conservation District, Borough of Grove City, Mercer County, Pennsylvania.
NON-STRUCTURAL BEST MANAGEMENT PRACTICES (BMP). A combination of design and planning techniques that focus on preserving open space, protecting natural systems and incorporating existing landscape features such as wetlands and stream corridors into a SWM site plan to manage stormwater at its source.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) STORMWATER DISCHARGE PERMIT. A permit issued by the EPA, or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b), that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis.
NRCS. USDA Natural Resources Conservation Service (previously SCS).
OPTIONAL. These are requirements that are recommended but may be modified or deleted at the discretion of the borough.
OWNER.
(a) The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a piece of land.
(b) As used herein, owner also refers to, in the appropriate context:
1. Any other person authorized to act as the agent for the owner;
2. Any person who submits a stormwater management concept or design plan for approval or requests issuance of a permit, when required, authorizing land development to commence; and
3. Any person responsible for complying with an approved stormwater management design plan.
PEAK DISCHARGE. The maximum rate of stormwater runoff from a specific storm event.
PERMANENT STORMWATER BMP. A stormwater (BMP) that will be operational after the construction phase of a project and that is designed to become a permanent part of the site for the purposes of managing stormwater runoff.
PERVIOUS AREA. Any area not defined as impervious.
PROJECT SITE. The specific area of land where any regulated activities in the borough are planned, conducted or maintained.
QUALIFIED PROFESSIONAL. Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this chapter.
RECEIVING STREAM OR CHANNEL. A body of water or conveyance into which stormwater runoff is discharged.
RECHARGE. The replenishment of underground water reserves.
REDEVELOPMENT. A change to previously existing, improved property, including, but not limited to, the demolition or building of structures, filling, grading, paving or excavating, but excluding ordinary maintenance activities, remodeling of buildings on the existing footprint, resurfacing of paved areas and exterior changes or improvements that do not materially increase or concentrate stormwater runoff or cause additional non-point source pollution.
REGULATED ACTIVITIES. Any earth disturbing activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff.
REGULATED EARTH DISTURBANCE ACTIVITY. Activity involving earth disturbance subject to a regulation under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102 or the Clean Streams Law, 35 P.S. §§ 691.1 et seq..
RETURN PERIOD. The recurrence interval, in years, which a storm event of a given magnitude has the probability of occurrence in any given year, i.e., the probability of a two-year storm occurring in any one year is 0.5 (a 50% chance), the probability of a ten-year storm occurring in any one year is 0.1 (a 10% chance), the probability of a 25-year storm occurring in any one year is 0.04 (a 4% chance) and the probability of a 100-year storm occurring in any one year is 0.01 (a 1% chance).
RESPONSIBLE PARTY. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents, or assigns that is named on a stormwater maintenance agreement as responsible for long-term operation and maintenance of one or more permanent stormwater BMPs.
RIPARIAN BUFFER. An area of land at or near a stream bank, wetland or waterbody that has intrinsic water quality value due to the ecological and biological processes it performs or is otherwise sensitive to changes which may result in significant degradation to water quality.
RUNOFF. Any part of precipitation that flows over the land.
SEDIMENT. Soils or other materials transported by surface water as a product of erosion.
STATE WATER QUALITY REQUIREMENTS. The regulatory requirements to protect, maintain, reclaim and restore water quality under Pa. Code Title 25 and the Clean Streams Law, 35 P.S. §§ 691.1 et seq..
STORMWATER. Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER MANAGEMENT FACILITY. Any structure, natural or human-made, that are designed to reduce all of the following: stormwater runoff pollutant loads; discharge volumes; peak flow discharge rates; and detrimental changes in stream temperature that affect water quality and habitat.
STORMWATER MANAGEMENT PLAN. The plan for managing stormwater runoff adopted by the County of Mercer as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the “Stormwater Management Act,” 32 P.S. §§ 680.01 et seq..
STORMWATER MANAGEMENT (SWM) BMWs. Is abbreviated as SWM BMPs throughout this chapter.
STORMWATER MANAGEMENT (SWM) SITE PLAN. The plan prepared by the developer or his or her representative indicating how stormwater runoff associated with industrial, commercial, institutional, residential or other land uses will be managed at the development site in accordance with this chapter. STORMWATER MANAGEMENT SITE PLAN will be designated as SWM site plan throughout this chapter.
STREAM. A body of water with a current, confined within a bed and stream banks, less than 60 feet in width, that is subject to inundation from overflow or flood water. A STREAM may be referred to as a branch, brook, creek or run.
STRUCTURAL BEST MANAGEMENT PRACTICES (BMP). A constructed facility or measure that helps to protect receiving water quality and control stormwater runoff rate and volume.
SUBDIVISION. As defined in the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq..
WATERCOURSE. A permanent or intermittent stream or other body of water, either natural or human-made, which gathers or carries surface water.
WATERS OF THIS COMMONWEALTH. 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 this Commonwealth.
WATERSHED. Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
WETLAND. Those areas that are inundated or saturated by surface or ground water 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.
(1980 Code, Ch. 24, Part 2, § 201) (Ord. 1403, passed 7-18-2011, § 201)