For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT 167. Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the Stormwater Management Act.
AGRICULTURAL ACTIVITY. Activities associated with agriculture such as, but not limited to, agricultural cultivation, agricultural operations 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 other person who has filed an application to the municipality for approval to engage in any regulated activity at a project site in the municipality.
BEST MANAGEMENT PRACTICE (BMP). Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote ground water 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 run-off, whereas STRUCTURAL BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater run-off. 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.
BMP MANUAL. Pennsylvania Stormwater Best Management Practices Manual, as amended and updated.
BOROUGH. The Borough of North York, York County, Pennsylvania.
COMMUNITY SWM BMPS; COMMUNITY FACILITIES. Any stormwater management facility, including, but not limited to, detention or retention basins, which is designed to serve a community, a subdivision, consisting of more than one lot or tract, or a land development consisting of more than one entity or end user.
CONSERVATION DISTRICT. The York County Conservation District, which district is 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 Chapter 102.
COUNTY. York County, Pennsylvania.
DAM. An impoundment structure regulated by the Pennsylvania DEP promulgated under 25 Pa. Code Chapter 105.
DEP. The Pennsylvania Department of Environmental Protection.
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. Also see RETURN PERIOD.
DESIGNEE. An agent of the municipality appointed by the governing body for the purpose of administration, review or enforcement of any provisions of this chapter.
DETENTION BASIN. A structure designed to retard stormwater run-off by temporarily storing and releasing the run-off at a predetermined rate.
DETENTION VOLUME. The volume of run-off that is captured and released into the waters of this Commonwealth at a controlled rate.
DEVELOPER. Any person, partnership, association, corporation or other entity, or any responsible person therein or agent thereof, that undertakes any regulated activity.
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 B of this chapter.
DISTURBED AREA. An unstabilized land area where an earth disturbance activity is occurring or has occurred.
E&S MANUAL. DEP’s Erosion and Sediment Pollution Control Manual, as amended and updated.
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; and the moving, depositing, stockpiling or storing of soil, rock or earth materials.
EQUIVALENT DIA (DISCONNECTED IMPERVIOUS AREA). An impervious or impermeable surface that is disconnected from any stormwater management facility or drainage conveyance facility and is redirect or directed to a stormwater management BMP facility as is approved by the borough, but does not meet the requirements of a DISCONNECTED IMPERVIOUS AREA (DIA). EQUIVALENT DIAs shall be permitted only for regulated activities of less than 1,000 square feet. Examples of SWM BMPs that may be used in conjunction with EQUIVALENT DIAs are represented in the stormwater permit application.
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. A site specific plan consisting of drawings, calculations and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activity.
EXISTING CONDITION. The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
FEMA. Federal Emergency Management Agency.
FLOODPLAIN. Any land area susceptible to inundation by water from any natural source as delineated by applicable FEMA maps and studies as being a special flood hazard area.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains that are 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 forest land. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, 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 NRCS 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 3, 4).
ILLICIT CONNECTION. Any physical connection to a separate stormwater drainage system that conveys illicit discharges into the system and/or is not authorized or permitted by the local authority.
ILLICIT DISCHARGE. Any discharge (or seepage) to a municipal separate storm sewer that is not composed entirely of stormwater. This does not refer to discharges authorized under an NPDES permit (other than the NPDES permit for discharges from the regulated small MS4); certain allowable non-stormwater discharges described in the EPA regulations, NPDES MS4 permit or the MS4's ordinance; and discharges resulting from firefighting activities. Examples of ILLICIT DISCHARGES include dumping of motor vehicle fluids, household hazardous wastes, grass clippings, leaf litter, animal wastes or unauthorized discharges of sewage, industrial waste, restaurant wastes or any other non-stormwater waste into a separate stormwater drainage system. ILLICIT DISCHARGES can be accidental or intentional.
IMPERVIOUS SURFACE (IMPERVIOUS AREA). A surface that prevents the infiltration of water into the ground. IMPERVIOUS SURFACES AND AREAS shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets and sidewalks. However, any surface or area designed, constructed and maintained to permit infiltration as specified herein shall be considered pervious, not IMPERVIOUS. For the purposes of this chapter, a surface or area shall not be considered IMPERVIOUS if such surface or area does not diminish the capacity for infiltration of stormwater for storms up to, and including, a two-year 24-hour storm event.
INFILTRATION. The entrance of surface water into the soil, usually at the soil-air interface.
IWRP. The York County Integrated Water Resources Plan, which Plan includes Act 167 Plan elements and requirements.
KARST. A type of topography or landscape characterized by surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage and caves. KARST LANDSCAPES are formed on carbonate rocks, such as limestone or dolomite.
LAND DEVELOPMENT. Includes any of the following activities:
(1) 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 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
(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.
(2) A subdivision of land; and
(3) Development in accordance with 53 P.S. § 10503(1.1).
MUNICIPALITY. The Borough of North York, York County, Pennsylvania.
NPDES. National pollution discharge elimination system.
NRCS. USDA Natural Resources Conservation Service (previously SCS).
O&M. Operation and maintenance.
O&M PLAN. Operation and Maintenance Plan.
PCSWMP. Post-Construction Stormwater Management Plan
PEAK DISCHARGE. The maximum rate of stormwater run-off from a specific storm event.
PERCOLATION. The downward movement, under the influence of gravity, of water under hydrostatic pressure through interstices of the soil or rock.
PERSON. An individual, partnership, public or private association, limited liability company, corporation, firm, trust, estate, homeowners’ association, condominium unit owners association, municipality, governmental unit, public utility or any other legal entity. PERSON when used herein shall also include the successors, heirs and assigns of such PERSON, the members of a partnership, the officers, agents and servants of a corporation of limited liability company and the officers of a municipality or governmental unit.
PERVIOUS AREA. Any area not defined as impervious.
PRIVATE SWM BMPS; PRIVATE FACILITIES. Any stormwater management facility, including, but not limited to, stormwater drainage pits, which is designed to serve only an individual lot.
PROJECT SITE. The specific area of land where any regulated activities in the municipality are planned, conducted or maintained.
QUALIFIED PERSON. Any person licensed by the state or otherwise qualified by law to perform the work required by this chapter.
REGULATED ACTIVITIES. Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater run-off.
REGULATED EARTH DISTURBANCE ACTIVITY. Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapter 92, 25 Pa. Code Chapter 102 or the Clean Streams Law, being 35 P.S. § 691.1 et seq.
RETENTION BASIN. An impoundment in which stormwater is stored and not released during a storm event. Stored water may be released from the basin at some time after the end of a storm.
RETENTION VOLUME/REMOVED RUN-OFF. The volume of run-off that is captured and not released directly into the surface waters of this Commonwealth during or after a storm event.
RETURN PERIOD. The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the 25-year RETURN PERIOD rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a 25-year storm occurring in any one year is 0.04, i.e., a 4% chance.
RIPARIAN BUFFER. A best management practice that is an area of permanent vegetation along surface waters. (Such areas serve as natural vegetative filters between upland landscapes and waterways.)
RUN-OFF. Any part of precipitation that flows over the land.
SEDIMENT. Soils or other materials transported by surface water as a product of erosion.
SHEET FLOW. Water flow with a relatively thin and uniform depth.
SPILLWAY. A depression in the embankment of a pond or basin which is used to pass peak discharge greater than the maximum design storm controlled by the pond or basin.
STATE WATER QUALITY REQUIREMENTS. The regulatory requirements to protect, maintain, reclaim and restore water quality under 25 Pa. Code and the Clean Streams Law, being 35 P.S. § 691.1 et seq.
STORM FREQUENCY. The number of times that a given storm event occurs on average in a stated period of years.
STORM SEWER. A pipe or conduit, or a system of pipes or conduits, which intercepts and carries surface stormwater run-off, but excludes sewage, industrial wastes and similar discharges.
STORMWATER. Drainage run-off from the surface of the land resulting from precipitation or snow or ice melt.
STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES. Is abbreviated as BMPs or SWM BMPs throughout this chapter.
STORMWATER MANAGEMENT FACILITY. Any structure, natural or human-made, that, due to its condition, design or construction, conveys, stores or otherwise affects stormwater run- off. Typical STORMWATER MANAGEMENT FACILITIES include, but are not limited to, detention and retention basins, open channels; storm sewers, pipes and infiltration facilities.
STORMWATER MANAGEMENT PLAN. Parts and/or elements of the York County Integrated Water Resources Plan which incorporate the requirements of the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the Stormwater Management Act.
STORMWATER MANAGEMENT SITE PLAN. The plan prepared by the developer or his or her representative indicating how stormwater run-off 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. For all NPDES permitted sites, the STORMWATER MANAGEMENT SITE PLAN shall include, and be consistent with, the Erosion and Sediment Control Plan as submitted to the York County Conservation District (YCCD) and/or DEP.
SUBDIVISION. The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts or 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SWM. Stormwater Management.
USDA. United States Department of Agriculture.
WATERS OF THIS COMMONWEALTH. 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 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 surface water of this Commonwealth.
WETLAND. 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 and similar areas.
YCCD. York County Conservation District.
(Ord. 2013-2, passed 10-7-2013)