§ 26-111. Definitions.
For the purposes of this Part, certain terms and words used herein shall he 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 words “shall” and “must” are mandatory; the words “may” and “should” are permissive.
      D.   The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
      E.   The words “used or occupied” include the words “intended, designed, main tained, or arranged to he used or occupied.”
   AGRICULTURAL ACTIVITY - 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 other person who has tiled an application for approval to engage in any regulated earth disturbance activity at a project site in the Municipality.
   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 Part. BMPs include but are not limited to infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins. Structural SWM BMPs are permanent appurtenances to the project site.
   CONSERVATION DISTRICT - a conservation district, as defined in § 3(c) of the Conservation District Law (3 P. S. § 851(c)), which has the authority under a delegation agreement executed with the Department to administer and enforce all or a portion of the erosion and sediment control program in this Commonwealth.
   DESIGN STORM - the magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design and evaluation of stormwater management systems.
   DETENTION - the volume of runoff that is captured and released into the Waters of this Commonwealth at a controlled rate.
   DEP - the Pennsylvania Department of Environmental Protection.
    DEVELOPMENT SITE (SITE) - see “project site.”
   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; road maintenance; building construction; conversion of pervious surfaces to impervious surfaces; the moving, depositing, stockpiling, or storing of soil, rock, or earth materials; or any other action that causes any alteration or an alteration to the land surface.
   EROSION - the natural process by which the surface of the land is worn away by water, wind or chemical action.
   EXTENDED DETENTION VOLUME (EDV)- release of detained runoff in excess of permanently removed volume (PRV) over an extended period of time of 24 to 72 hours.
   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 areas that comprise Group 13 Soils, as listed in Appendix 26-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).
   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, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation.
   HYDROLOGIC SOIL GROUP (USG) - infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSG's (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 US 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.
   IMPERVIOUS SURFACE (IMPERVIOUS AREA) - a surface that prevents the infiltration of water into the ground. Impervious surfaces (or covers) shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks, decks, parking areas, and driveway areas.
   KARST - 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.
   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; (c) development in accordance with § 503(1.1) of the Pennsylvania Municipalities Planning Code.
   MUNICIPALITY - Lamar Township Clinton County, Pennsylvania.
   NRCS - Natural Resources Conservation Service (previously SCS).
   PA DOT - Pennsylvania Department of Transportation.
   PEAK DISCHARGE - the maximum rate of stormwater runoff from a specific storm event.
   PERMANENTLY REMOVED VOLUME (PRV) - the volume of runoff that is permanently removed from the runoff and not released into surface waters of this Commonwealth during or after a storm event.
   PERVIOUS SURFACE (PERVIOUS AREA) - ground surfaces that may be vegetated or un-vegetated, and that are not covered with any type of impervi ous surface(s).
   PROJECT SITE - the specific area of land where any regulated activities in the Municipality 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 Part.
   REGULATED ACTIVITIES - all activities involving land development or earth disturbance activity.
   RETENTION/REMOVED - the volume of runoff that is captured and not released directly into the surface waters of this Commonwealth during or after a storm event.
   RETURN PERIOD - the interval, in years, within which a storm event of a given magnitude can be expected, on average, to recur. For example, the 25- year return period rainfall would be expected, on average, to recur every 25 years.
   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 Pennsylvania Code Title 25 and the Clean Streams Law.
   STORMWATER - drainage runoff from the surface of the land resulting from precipitation, snow, or ice melt.
   STORMWATER MANAGEMENT FACILITY - 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 structures.
   STORMWATER MANAGEMENT PLAN - the plan for managing stormwater runoff adopted by the County of Clinton for the Fishing Creek/Cedar Run Watershed as required by 32 P.S. §§ 680.1 to 680.17, as amended, and known as the “Stormwater Management Act.”
   STORMWATER MANAGEMENT BMPS - is abbreviated as SWM BMPs throughout this Part.
   SUBDIVISION - 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, or lease, transfer of ownership, or building or lot development.
   USACE - United States Army Corps of Engineers.
   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.
(Ord. 4-09-2007, 4/9/2007, § 201)