This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to the regulations of the federal
Clean Water Act found at 40 CFR 122.34, and as authorized by the residents
of the Town of Townsend at Town Meeting, dated November 20, 2007.
The following definitions shall apply in the
interpretation and implementation of this Stormwater Bylaw. Additional
definitions may be adopted by separate regulation.
ALTER
Any activity that will measurably change the ability of a
ground surface area to absorb water or will change existing surface
drainage patterns. Alter may similarly represent "alteration of drainage
characteristics" and "conducting land disturbance activities." Such
changes include: change from distributed runoff to confined, discrete
discharge; change in the volume of runoff from the area; change in
the peak rate of runoff from the area; and change in the recharge
to groundwater on the area.
BEST MANAGEMENT PRACTICE (BMP)
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce adverse stormwater volumes and flows, reduce point source
and nonpoint source pollution, and promote stormwater quality and
protection of the environment.
A.
"Structural" BMPs: devices that are engineered
and constructed to provide temporary storage and treatment of stormwater
runoff.
B.
"Nonstructural" BMPs: natural measures to reduce
pollution levels, do not require extensive engineering and construction
efforts, and/or promote pollutant reduction by eliminating the pollutant
source.
CONSTRUCTION SITE
Any site where activity is proposed or occurs which results
in soil disturbance by clearing, grading, excavation, stockpiling
earth materials or placement/removal of earth materials.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltration to the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops,
compacted soils, hard-packed gravel driveways, and similar surfaces.
LOW-IMPACT DEVELOPMENT (LID)
An approach to environmentally friendly land use planning.
It includes a suite of landscaping and design techniques designed
to maintain the natural, pre-developed ability of a site to manage
rainfall. LID techniques capture water on site, filter it through
vegetation, and allow seeping into the ground rather than being lost
as surface runoff so that the local water table can recharge. An important
LID principle embodies the concept that rainwater is a resource and
not merely a superfluous waste product.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates 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 to 56.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER
SYSTEM (MS4)
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Townsend.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
A federal environmental program addressing water pollution
under the Clean Water Act. NPDES Phase I addresses stormwater discharges
from towns and cities with medium to large storm sewer systems and
industrial activities. NPDES Phase II addresses towns and cities with
small storm sewer systems serving a population of less than 100,000.
Phase II also regulates construction activities disturbing greater
than one acre. Townsend is subject to NPDES Phase II.
NONPOINT SOURCE POLLUTION
Pollution from many dispersed sources caused by rainfall
or snowmelt moving over and through the ground. Movement of runoff
collects and carries away natural and human-source pollutants, finally
depositing them into water resource areas.
OPERATION AND MAINTENANCE PLAN
A plan describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
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.
POST-DEVELOPMENT
Conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to conditions after
culmination of a new development or redevelopment project and does
not depict conditions during the construction phases of a project.
PRE-DEVELOPMENT
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Stormwater
Authority. Where phased development or phased plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions
at the time prior to the first plan submission shall establish pre-development
conditions.
STORMWATER AUTHORITY
The Townsend Planning Board shall act as the Stormwater Authority
in implementing the provisions of this Stormwater Bylaw. The Stormwater
Authority may designate a Stormwater Agent to assist with plan review,
implementation and enforcement of the provisions of this Stormwater
Bylaw and accompanying regulations. The Stormwater Authority is responsible
for coordinating the review, approval and permit process as defined
in this chapter. Boards and/or departments may participate in the
review process as defined in this Stormwater Bylaw or the Stormwater
Regulations adopted by the Stormwater Authority.
STORMWATER MANAGEMENT, EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE), a professional public land
surveyor (PLS), or a certified professional in erosion and sedimentation
control (CPESC), that includes structural and nonstructural best management
practices (BMPs) to manage and treat stormwater runoff generated from
regulated development activity.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
that is designed to protect the Town from deleterious effects of uncontrolled
or untreated stormwater runoff.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and in Chapter
138, of the Townsend Wetlands Bylaw.
This Stormwater Bylaw shall apply to all land-disturbing
activities within the jurisdiction of the Town of Townsend, whether
new development or redevelopment. Except as permitted by the Stormwater
Authority in a stormwater management permit (SMP) or as otherwise
provided in this Stormwater Bylaw, no person shall perform any activity
that results in land disturbance of 40,000 square feet or greater
without first obtaining an SMP according to the provisions of this
Stormwater Bylaw.
A. Regulated activities. Regulated activities shall include,
but not be limited to:
(1) Land disturbance of greater than 40,000 square feet,
associated with construction or reconstruction of structures.
(2) Development or redevelopment involving multiple, separate
activities in discontinuous locations or on different schedules if
the activities are part of a larger common plan of development that
together disturbs 40,000 square feet or more.
(3) Paving or other change in surface material over an
area of 40,000 square feet or more causing a significant reduction
of permeability or increase in runoff.
(4) Construction of a new drainage system or alteration
of an existing drainage system or conveyance serving a drainage area
of more than 40,000 square feet.
(5) Land disturbance where there is a fifteen-percent
or greater slope and where the land disturbance is greater than or
equal to 1,000 square feet within the sloped area.
(6) Land disturbance greater than or equal to 1,000 square
feet where the soil cut or filled exceeds four feet in vertical depth
at its deepest point as measured from the natural ground level.
(7) Disturbance of a volume of earth greater than 1,500
cubic yards.
(8) Any other activity altering the surface of an area
exceeding 40,000 square feet that will, or may, result in increased
stormwater runoff flowing from the property into a public way, the
municipal storm drain system or to a watercourse or wetland.
B. Minor and major projects. For the purpose of this
bylaw and any regulations pertaining thereto, applications shall be
divided into minor and major categories. The application procedures
and submittal requirements for minor and major applications shall
be described in the Townsend Stormwater Regulations.
(1) A minor project is any activity subject to the Stormwater
Bylaw which involves:
(a)
Land disturbance of an area greater than 40,000
square feet but less than 60,000 square feet for a single-family lot
which has not been included in an ANR or subdivision within the prior
five years; or
(b)
Land disturbance of a volume of earth greater
than 1,500 cubic yards but less than 2,200 cubic yards where not related
to a subdivision or ANR; or
(c)
Land disturbance of an area of land 1,000 square
feet to 10,000 square feet:
[1]
If the slope is 15% or greater; or
[2]
If the soil cut or filled exceeds four feet
in vertical depth at its deepest point as measured from the natural
ground level. This requirement may be waived for septic system installation.
(2) A major project is any project subject to the Stormwater
Bylaw which involves:
(a)
Land disturbance of an area of 40,000 or more
square feet for a subdivision or ANR;
(b)
Land disturbance of an area of greater than
60,000 square feet; or
(c)
Land disturbance of a volume of earth resulting
in a total quantity greater than 2,200 cubic yards; or
(d)
Land disturbance of an area of land greater
than 10,000 square feet:
[1]
If the slope is 15% or greater; or
[2]
If the soil cut or filled exceeds four feet
in vertical depth at its deepest point as measured from the natural
ground level.
C. Exempt activities. The following activities are exempt
from the requirements of this Stormwater Bylaw:
(1) Normal maintenance and improvement of Town-owned public
ways and appurtenances. New road and building construction, however,
are subject to a requirement for a stormwater permit.
(2) Normal maintenance and improvement of land in agricultural
or forestry use as defined by the Massachusetts Wetlands Protection
Act and its regulations.
(3) Repair of septic systems when required by the Board
of Health for the protection of public health.
(4) Normal maintenance of existing landscaping, gardens
or lawn areas associated with a single-family dwelling, provided such
maintenance does not include the addition of more than 300 cubic yards
of soil material, construction of walls, alteration of existing grades
by more than one foot in elevation, or alteration of drainage patterns.
(5) The construction of fencing irrespective of materials
used that will not alter existing terrain or drainage patterns.
(6) Construction of utilities (gas, water, sewer, electric,
telephone, etc.) other than drainage that will not alter terrain or
drainage patterns.
The invalidity of any section, provision, paragraph,
sentence, or clause of this Stormwater Bylaw shall not invalidate
any section, provision, paragraph, sentence, or clause thereof, nor
shall it invalidate any permit or determination that previously has
been issued.
This Stormwater Bylaw shall take effect upon
approval of the Attorney General and upon compliance with requirements
of MGL c. 40, Section 32.