The following definitions shall apply in the
interpretation and implementation of this chapter. Additional definitions
may be adopted by separate regulation:
ALTERATION
Any activity, which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Examples include, but are not limited to, earthmoving,
paving, and modification of existing vegetation.
ABUTTER
The owner of any property any portion of which lies within
500 feet radially from any lot line of the subject property, including
owners of land directly opposite on any public or private street or
way including any in another municipality or across a body of water.
In the case of property that has frontage on a pond, abutters shall
include all those properties with frontage on the pond or pond association
if in existence.
CONSTRUCTION SITE
Any site where activity is proposed or occurs that involves
the alteration of an area of one acre (43,560 square feet) or more
during or post-construction, or that will alter less than one acre
of land but is part of a larger, common plan of development or sale
that will ultimately disturb one acre or more of land. A project with
a limit of disturbance shown on a plan encompassing an acre or more
is a construction site.
HOTSPOT
Land uses or activities, without regard to square footage,
that have the potential for high stormwater runoff pollutant loadings,
including, but not limited to, auto fueling facilities, fleet storage
yards, municipal and commercial parking lots, road salt storage areas
and designated snow disposal areas, long-term staging areas for construction
or landscaping operations, and commercial outdoor maintenance, storage
or loading areas.
INFEASIBLE
Not technologically possible, or not economically practicable
and achievable in light of best industry practices.
[Added 6-17-2021]
MAJORITY VOTE
A vote by a majority of the Commission for all actions taken under §
160-5 of the Stormwater Management Bylaw (Administration) and issuance of enforcement orders, and a vote by a majority of a quorum of the Commission for all other matters under the bylaw or under these regulations.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Standards issued by the Department of Environmental Protection,
and as amended, that coordinate the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and Massachusetts Clean
Waters Act, MGL c. 21, §§ 23-56, prevent or reduce
pollutants from reaching water bodies and control the quantity of
runoff from a site.
[Amended 8-5-2021]
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that are: (i) owned or
operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to state
law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under state
law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under
Section 208 of the Federal Clean Water Act that discharges to waters
of the United States; (ii) designed or used for collecting or conveying
stormwater; (iii) which is not a combined sewer; and (iv) which is
not part of a publicly owned treatment works (POTW) as defined at
40 CFR 122.2.
NPDES PHASE II REGULATED AREA
The area within Boxford identified by the U.S. Environmental
Protection Agency as "Designated MS4 Area" under the National Pollutant
Discharge Elimination System (NPDES) Phase II Stormwater Program.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
An applicant wishing to amend a valid stormwater management permit may submit a written request for an amendment, along with an amendment fee of $100, an updated abutters list certified by the Town of Boxford Assessor's Office, and any plans, narrative or other materials necessary to describe the requested amendment. All requests for amendment shall contain eight sets of any information submitted, including a signed original set. A copy shall also be provided by the applicant to the Superintendent of Public Works. The requirements and procedures described in §
295-5D through
I shall also apply to requests for amendments.
The application and permit required by the bylaw
shall not be required for emergency projects necessary for the protection
of the health and safety of the public, provided that the work is
to be performed by or has been ordered to be performed by an agency
of the commonwealth or political subdivision thereof; provided that
advance notice, oral or written, has been given to the Commission
prior to commencement of work or within 24 hours after commencement;
provided that the Commission or its agent certifies the work as an
emergency project; provided that the work is performed only for the
time and place certified by the Commission for the limited purposes
necessary to abate the emergency; and provided that within 21 days
of commencement of an emergency project a permit application shall
be filed with the Commission for review as provided in the bylaw.
Upon failure to meet these and other requirements of the Commission,
the Commission may, after notice and a public hearing, revoke or modify
an emergency project approval and order restoration and mitigation
measures.
The invalidity of any section or provision of
the Bylaw or these Regulations shall not invalidate any other section
or provision thereof, nor shall it invalidate any order, certificate,
or determination which previously has been issued.