[Adopted 10-15-2007 STM by Art. 5]
The definitions contained herein apply to issuance
of a stormwater management permit (SMP) established by the Town of
Lancaster Stormwater Management Bylaw. Terms not defined in this section
shall be construed according to their customary and usual meaning
unless the context indicates a special or technical meaning.
ALTERATION
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alteration may be similarly represented as "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.
APPLICANT
"Applicant" shall refer to a property owner or agent of a
property owner who has filed a stormwater management plan.
BEST MANAGEMENT PRACTICES (BMP)
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs are natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
BUILDING
A building shall refer to any structure, either temporary
or permanent, having walls and a roof, designed for the shelter of
any person, animal or property, and occupying more than 100 square
feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and as it is amended from time to time.
CLEARING
Any activity that removes the vegetative surface cover. Clearing
activities generally include grubbing activity as defined below.
DETENTION
The temporary storage of storm runoff in a stormwater management
facility, with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
DEVELOPER
A person who undertakes land disturbance activities.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the storm drain or into waters of the United States
or commonwealth from any source.
DISTURBANCE OF LAND
Any action, including clearing and grubbing, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel or similar earth material.
DRAINAGEWAY
Any channel that conveys surface runoff throughout the site.
EROSION
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity or vehicle traffic and the
subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbance activities.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
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, rooftops,
compacted soils, hard-packed gravel driveways and similar surfaces.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DISTURBANCE ACTIVITY
Any activity which changes the volume or peak flow discharge
rate of rainfall from the land surface. This may include the grading,
digging, cutting, scraping, or excavating of soil, placement of fill
materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
property rights in the land.
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, predeveloped 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,
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. The policy addresses
stormwater impacts through implementation of performance standards
to reduce or prevent pollutants from reaching water bodies and control
the quantity of runoff from a site.
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 Lancaster.
NONPOINT SOURCE POLLUTION
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and human-made 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.
OUTFALL
The point at which stormwater flows out from a discernible,
confined point source or discrete conveyance into waters of the commonwealth.
PERSON
An individual, partnership, association, firm, company, rust,
corporation, agency, authority, department or political subdivision
of the commonwealth or federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
POINT SOURCE
Any discernible, confined and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
A.
Paints, varnishes and solvents;
B.
Oil, antifreeze and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes, sewage, fecal
coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
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.
PREDEVELOPMENT
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, utilities, etc.), the existing conditions
at the time prior to the first plan submission shall establish predevelopment
conditions.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
RESOURCE AREA
Any area protected under the Massachusetts Wetlands Protection
Act, the Massachusetts Rivers Act, or Chapter
215, Wetlands Protection, of the Code of the Town of Lancaster.
RUNOFF
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site
or entering off-site drainage structures.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
STABILIZATION
The use, singly or in combination, of mechanical, structural
or vegetative methods to prevent or retard erosion.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including but not limited to, land preparation such as clearing, grading
and filling; installation of streets and walkways; excavation for
basements, footings, piers or foundations; erection of temporary forms;
and installation of accessory buildings such as garages.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
STOP-WORK ORDER
An order issues which requires that all construction activity
on a site will be stopped.
STORMWATER AUTHORITY
The Stormwater Authority for Town of Lancaster shall be the
Planning Board or its authorized agent(s). The Stormwater Authority
is responsible for coordinating the review, approval and permit process
as defined in this bylaw. Boards and/or departments may participate
in the review process as defined in this bylaw or the Stormwater Regulations
adopted by the Planning Board of the Town of Lancaster. The Conservation
Agent and the Building Commissioner are authorized to act as agents
of the Planning Board in enforcing this bylaw.
STORMWATER MANAGEMENT PERMIT
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.
STORMWATER MANAGEMENT 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. A stormwater management plan also
includes an operation and maintenance plan describing maintenance
requirements for structural BMPs.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
WATERCOURSE
Any body of water, including but not limited to, lakes, ponds,
rivers and streams.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rules 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 Lancaster at Town Meeting, dated October 15, 2007.
No person shall undertake a regulated construction
activity, as described below, without a stormwater management permit
from the Planning Board.
A. Regulated activities shall include any of the following:
(1) Land disturbance of greater than one acre (43,560
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 one acre or more.
(3) Paving or other change in surface material over an
area of one acre 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 one acre.
(5) Any other activity altering the surface of an area
exceeding one acre 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. An exception is
the removal of tree cover when the stumps are left in place.
B. Exempt activities:
(1) Normal maintenance and improvement of land in agricultural
or forestry use as defined by the Massachusetts Wetlands Protection
Act and its regulations.
(2) 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 30 cubic yards
of soil material, construction of walls, alteration of existing grades
by more than one foot in elevation, or alteration of drainage patterns.
(3) The construction of fencing, irrespective of materials
used, that will not alter existing terrain or drainage patterns.
(4) Construction, maintenance and operation of utilities
(gas, water, sewer, electric, telephone, etc.) other than drainage
that will not alter terrain or drainage patterns.
(5) Those activities that are subject to the jurisdiction
under the Wetlands Protection Act and demonstrate compliance with
the Massachusetts Stormwater Management Policy as reflected in an
order of conditions issued by the Lancaster Conservation Commission,
are exempt from compliance of this bylaw.
(6) Agriculture, horticulture, floriculture and viticulture
exempted from prohibition by MGL c. 40A, § 3, on parcels
of property of five acres in size and larger.
The Lancaster Planning Board shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Planning Board may be delegated in writing by the
Planning Board to its employees or agents (who may include the Conservation
Agent and the Building Commissioner).
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under §
170-7 of this bylaw.
The Planning Board, or an authorized agent of
the Planning Board, shall enforce this bylaw, its regulations, orders,
violation notices, and enforcement orders, and may pursue all civil
and criminal remedies for such violations.
A. Civil relief. If a person violates the provisions
of this bylaw, regulations, permit, notice or order issued thereunder,
the Planning Board may seek injunctive relief in a court of competent
jurisdiction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
B. Orders.
(1) The Planning Board, or its authorized agent, may issue
a written order to enforce the provisions of this bylaw, or the regulations
thereof, which may include:
(a)
A requirement to cease and desist from the land-disturbing
activity until there is compliance with the bylaw or provisions of
the stormwater management permit;
(b)
Maintenance, installation or performance of
additional erosion and sediment control measures;
(c)
Monitoring, analyses, and reporting;
(d)
Remediation of erosion and sedimentation resulting
directly or indirectly from the land-disturbing activity;
(e)
Compliance with the stormwater management plan
and permit;
(f)
Repair, maintenance or replacement of the stormwater
management system or portions thereof in accordance with the operation
and maintenance plan.
(g)
Remediation of adverse impact resulting directly
or indirectly from malfunction of the stormwater management system.
(2) If the enforcing person determines that abatement
or remediation of erosion and sedimentation is required, the order
shall set forth a deadline by which such abatement or remediation
must be completed.
C. Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than the amount set forth in Chapter
1, General Provisions, Article
II, Fines, of the Code of the Town of Lancaster. Each day or part thereunder that such violation occurs or continues shall constitute a separate offense.
D. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, which has been adopted by the Town in the Code of the Town of Lancaster Chapter
1, Article
I, Noncriminal Disposition, in which case the Planning Board or authorized agent shall be the enforcing person. The penalty for each violation shall be fines in the amounts set forth in Chapter
1, General Provisions, Article
II, Fines, of the Town Code. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-5-2008 ATM by Art. 13]
E. Appeals. The decision or orders of the Planning Board
shall be final. Further relief shall be to a court of competent jurisdiction.
F. Remedies not exclusive. The remedies listed are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The Planning Board, within its available resources,
shall provide education programs on soil erosion, sediment control
and stormwater management to the general public and persons regulated
by this bylaw. The Planning Board shall provide guidelines and advice
to ease the permit application process and foster acceptance of good
erosion control and stormwater management practices.
If any provision, paragraph, sentence, or clause
of this bylaw is held invalid for any reason by a court of competent
jurisdiction, all other provisions shall continue in full force and
effect.
This bylaw shall take effect upon approval of
the Attorney General, and after the bylaw has been posted, in accordance
with MGL c. 40, § 32.
[Adopted 10-15-2007 STM by Art. 6]
The definitions contained herein apply to the
administration and enforcement of this Illicit Discharge Bylaw. Terms
not defined in this section shall be construed according to their
customary and usual meaning unless the context indicates a special
or technical meaning.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and as it is amended from time to time.
DETENTION
The temporary storage of storm runoff in a stormwater management
facility, with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into waters
of the United States or commonwealth from any source.
GRADING
Changing the level or shape of the ground surface.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including
without limitation, sewage, process wastewater, or wash water and
any connections from indoor drains, sinks, or toilets, regardless
of whether said connection was previously allowed, permitted or approved
before the effective date of this bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
170-19 of this Lancaster Illicit Discharge Bylaw. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from fire fighting activities that are exempted.
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 Lancaster.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
POINT SOURCE
Any discernible, confined and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
A.
Paints, varnishes and solvents;
B.
Oil, antifreeze and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes, sewage, fecal
coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
RUNOFF
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
WATERCOURSE
Any body of water, including but not limited to, lakes, ponds,
rivers and streams.
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 Lancaster at Town Meeting, dated October 15, 2007.
The Lancaster Board of Public Works shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Board of Public Works may be delegated in writing
by the Board of Public Works to its employees or agents.
The Board of Public Works may adopt and periodically
amend regulations relating to additional definitions, enforcement,
fees (including inspections, costs of chemical and/or biological analyses,
and/or consultant fees), procedures, administration and enforcement
of this bylaw subsequent to a majority vote of a meeting of the Board
of Public Works and after conducting a public hearing to receive comments
on the proposed regulations and/or any proposed revisions. Such hearing
dates shall be advertised in a newspaper of general local circulation
at least seven calendar days before a hearing date. After public notice
and hearing, the Board of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board of
Public Works to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
The Board of Public Works may suspend municipal
storm drain access to any person or property without prior written
notice when such suspension is necessary to stop an actual or threatened
discharge of pollutants that presents imminent risk of harm to public
health, safety, welfare or the environment. In the event any person
fails to comply with an emergency suspension order, the Authority
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
The Board of Public Works, or an authorized
agent of the Board of Public Works, shall enforce this bylaw, its
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
A. Civil relief. If a person violates the provisions
of this bylaw, regulations, permit, notice or order issued thereunder,
the Board of Public Works may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
B. Orders.
(1) The Board of Public Works, or an authorized agent
of the Board of Public Works, may issue a written order to enforce
the provisions of this bylaw, which may include:
(a)
Elimination of illicit connections or discharges
to the storm drain system;
(b)
Performance of monitoring, analyses and reporting;
(c)
That unlawful discharges, practices or operations
shall cease and desist; and
(d)
Remediation of contamination in connection therewith.
(2) If the enforcing person determines that abatement
or remediation of contaminations is required and is the responsibility
of the property owner, the order shall set forth a deadline by which
such abatement or remediation must be completed.
C. Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than the amount set forth in Chapter
1, General Provisions, Article
II, Fines, of the Code of the Town of Lancaster. Each day or part thereunder that such violation occurs or continues shall constitute a separate offense.
D. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, which has been adopted by the Town in the Code of the Town of Lancaster Chapter
1, Article
I, Noncriminal Disposition, in which case the Board of Public Works or authorized agent shall be the enforcing person. The penalty for each violation shall be fines in the amounts set forth in Chapter
1, General Provisions, Article
II, Fines, of the Town Code. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-5-2008 ATM by Art. 13]
E. Entry to perform duties under this bylaw. To the extent
permitted by state law, or if authorized by the owner or other party
in control of the property, the Board of Public Works, its agents,
officers and employees may enter upon privately owned property for
the purpose of performing their duties and may make or cause to be
made such examinations, surveys or sampling as the Board of Public
Works deems reasonably necessary.
F. Appeals. The decision or orders of the Board of Public
Works shall be final. Further relief shall be to a court of competent
jurisdiction.
G. Remedies not exclusive. The remedies listed are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The Board of Public Works, within its available
resources, shall provide educational programs on illicit discharge
to the municipal storm drain system to the general public and persons
regulated by this bylaw.
If any provision, paragraph, sentence, or clause
of this bylaw is held invalid for any reason by a court of competent
jurisdiction, all other provisions shall continue in full force and
effect.
Residential property owners shall have 60 days
from the effective date of the bylaw to comply with its provisions
provided good cause is shown for the failure to comply with the bylaw
during that period.
This bylaw shall take effect upon approval of
the Attorney General, and after the bylaw has been posted, in accordance
with MGL c. 40, § 32.