AGRICULTURE
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The normal maintenance or improvement of land
in agricultural or aquacultural use, as defined by the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40) and its implementing
regulations (310 CMR 10.00).
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ALTER
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Any activity that changes the water quality,
or the force, quantity, direction, timing or location of runoff flowing
from the area and will measurably change the ability of a ground surface
area to absorb water. 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. "Alter" may be
similarly represented as "alteration of drainage characteristics,"
and "conducting land disturbance activities."
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APPLICANT
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Any person, as defined below, requesting a stormwater
management permit for proposed land-disturbance activity.
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AUTHORIZED ENFORCEMENT AGENCY
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The Conservation Commission (hereinafter "the
Commission") and its employees or agents or other employee of the
Town of Ashland shall be in charge of enforcing the requirements of
this bylaw.
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BEST MANAGEMENT PRACTICE (BMP)
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Structural and nonstructural techniques that
are recognized to be the most effective and practical means to reduce
erosion and sediment, prevent or reduce increases in storm water volumes
and flows, reduce point source and nonpoint source pollution, and
promote storm water quality and protection of the environment. "Structural"
BMPs are devices that are engineered and constructed to provide temporary
storage and treatment of storm water runoff. "Nonstructural" BMPs
use natural measures to reduce pollution levels, do not require extensive
construction efforts, and/or promote pollutant reduction by eliminating
the pollutant source.
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BETTER SITE DESIGN
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Site design approaches and techniques that can
reduce a site's impact on the watershed through the use of nonstructural
stormwater management practices. "Better site design" includes conserving
and protecting natural areas and green space, reducing impervious
cover, and using natural features for stormwater management.
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CERTIFIED LIST OF ABUTTERS
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A list of abutters, certified by the Assessors
Office; (abutters at their mailing addresses shown on the most recent
applicable tax list of the assessors, including owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within 100 feet of the property line of the Applicant, including
any in another municipality or across a body of water).
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CONSTRUCTION AND WASTE MATERIALS
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Excess or discarded building or construction
site materials that may adversely impact water quality, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste.
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CONVEYANCE
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Any structure or device, including pipes, drains,
culverts, curb breaks, paved swales or man made swales of all types
designed or utilized to move or direct stormwater runoff or existing
water flow.
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DISTURBANCE OF LAND
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Any action that causes a change in the position,
location, or arrangement of soil, sand, rock, gravel or similar earth
material.
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DISTURBED AREA
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An area, man-made or natural, where the existing
condition has been or is proposed to be altered.
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DRAINAGE EASEMENT
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A legal right granted by a landowner to a grantee
allowing the use of private land for stormwater management purposes.
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ENVIRONMENTAL SITE MONITOR
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A professional engineer or other trained professional
selected by the Commission and retained by the holder of a stormwater
management permit to periodically inspect the work and report to the
Commission.
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EROSION
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A condition in which the earth's surface, including
soil or rock fragment, is detached and moved away by the action of
water, wind, ice, gravity or other natural means.
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EROSION CONTROL
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The prevention or reduction of the movement
of soil particles or rock fragments.
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EROSION CONTROL PLAN
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A document containing narrative, drawings, and
details developed by a Qualified Professional, which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during all phases of construction
related land disturbance activities.
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ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED
VERNAL POOLS
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Habitats delineated for state-protected rare
wildlife and certified vernal pools for use with the Wetlands Protection
Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (304 CMR 11.00)
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FLOOD CONTROL
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The prevention or reduction of flooding and
flood damage.
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FLOODING
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A local and temporary inundation or a rise in
the surface of a body of water, such that it covers land not usually
under water.
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GENERAL STORMWATER MANAGEMENT PERMIT (GSMP)
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A permit issued for an application that meets
a set of pre-determined standards outlined in the Regulations to be
adopted by the Commission under this Bylaw. By meeting these pre-determined
standards, the proposed project will be presumed to meet the requirements
and intent of this Bylaw.
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GRADING
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Changing the level or shape of the ground surface.
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GROUNDWATER
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All water beneath any land surface including
water in the soil and bedrock beneath water bodies.
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GRUBBING
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The act of clearing land by digging up roots
and stumps.
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HOTSPOT
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Land uses or activities with higher potential
pollutant loadings, such as, but not limited to, auto salvage yards,
auto fueling facilities, fleet storage yards, commercial parking lots
with high-intensity use, road salt storage areas, commercial nurseries
and landscaping, outdoor storage and loading areas of hazardous substances,
or marinas.
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ILLICIT DISCHARGES
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Any discharge to a stormwater structure, stream,
lake, pond, vernal pool, body of water or wetland that is or has not
been permitted, waived or exempted by the Town (state and/or federal
regulations).
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IMPERVIOUS SURFACE
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Any material or structure on or above the ground
that prevents water from infiltrating through the underlying soil.
Impervious surface is defined to include, without limitation, parking
lots, sidewalks, roof tops, driveways, patios, and paved, gravel,
compacted dirt surfaced roads and similar surfaces with a runoff coefficient
(Rational Method) greater than 85.
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INFILTRATION
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The act of conveying surface water into the
ground to permit groundwater recharge and the reduction of stormwater
runoff from a project site.
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ISOLATED DEPRESSION SUBJECT TO FLOODING
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An isolated depression or closed basin which
serves as a ponding area for runoff or high groundwater which has
risen above the ground surface. The basin must confine standing water
at least once per year for a two-month period in nondrought conditions
to an average depth of six inches and occupy a minimum surface area
of 5,000 square feet.
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MASSACHUSETTS ENDANGERED SPECIES ACT (MGL c.131A)
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With its implementing regulations (321 CMR 10.00),
the act prohibits the taking of any rare plant or animal species listed
as Endangered, Threatened, or of Special Concern [321 CMR 10.04(1)].
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MASSACHUSETTS STORMWATER MANAGEMENT POLICY
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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, § 23-56. 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.
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MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
or MUNICIPAL STORM DRAIN SYSTEM
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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 Ashland.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
- NPDES
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NPDES is defined as a program administered by
the United States Environmental Protection Agency. The purpose of
NPDES is control nonpoint source pollutant contamination of stormwater
discharges from a variety of sources, including, but not limited to,
Municipal Separate Storm Sewer Systems (MS4s) and construction sites
which disturb one-acre or more.
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NEW DEVELOPMENT
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Any construction or land disturbance of a parcel
of land that is currently in a natural vegetated state.
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NGVD of 1929
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National Geodetic Vertical Datum of 1929, a
vertical control datum established for vertical control in the United
States by the general adjustment of 1929.
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NONPOINT SOURCE POLLUTION
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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.
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NOTICE OF COMPLETION (NOC)
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A document issued by the Conservation Commission
after all construction activities have been completed which states
that all conditions of an issued SMP have been met and that a project
has been completed in compliance with the conditions set forth in
a SMP.
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OPERATION AND MAINTENANCE PLAN
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A plan that defines the functional, financial
and organizational mechanisms for the ongoing operation and maintenance
of a stormwater management system to insure that it continues to function
as designed.
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OWNER
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A person with a legal or equitable interest
in a property.
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PERSON
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Any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to Town bylaws, administrative agency, public or quasi-public corporation
or body, the Town of Ashland, and any other legal entity, its legal
representatives, agents, or assigns.
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PHASED DEVELOPMENT
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The method of segmenting and dividing the disturbance,
construction or development of a site into smaller areas and/or timeframe
(to reduce possible impacts to the site and resource).
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POINT SOURCE
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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.
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POST- DEVELOPMENT
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The 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
the phase of a new development or redevelopment project after completion,
and does not refer to the construction phase of a project.
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PRE-DEVELOPMENT
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The conditions that exist at the time that plans
for the land development of a tract of land are submitted to the Conservation
Commission. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish predevelopment
conditions.
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QUALIFIED PROFESSIONAL
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A civil engineer registered in Massachusetts,
a registered land surveyor, a Massachusetts licensed soil evaluator,
a certified professional in erosion and sediment control, a certified
professional in stormwater quality, or other person who can satisfactorily
demonstrate to the issuing authority proficiency in the field of stormwater
management as appropriate to the scope of the project.
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RECHARGE
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The replenishment of underground water reserves.
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REDEVELOPMENT
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Any construction, alteration, or improvement
exceeding land disturbance of 5,000 square feet, where the existing
land use is commercial, industrial, institutional, or multifamily
residential.
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REGULATIONS
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The Rules and Regulations for an SMP as presented
herein.
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RESOURCE AREA
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Any area protected under including without limitation:
the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act,
the Town of Ashland Wetlands Protection Bylaw or the Town of Ashland
Stormwater Management Bylaw.
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RUNOFF
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Rainfall, snowmelt, or irrigation water flowing
over the ground surface.
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SEDIMENT
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Solid material, whether mineral or organic,
that is in suspension, is transported or has been moved from its site
of origin by erosion.
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SEDIMENTATION
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A process of depositing material that has been
suspended and transported in water.
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SITE
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The parcel of land being developed, or a designated
planning area in which the land development project is located.
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SLOPE
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The vertical rise divided by the horizontal
distance and expressed as a fraction or percentage.
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STABILIZED
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The elimination of any erosion or erosion potential.
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STORMWATER MANAGEMENT
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The use of structural or non-structural practices
that are designed to reduce storm water runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates.
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STORMWATER MANAGEMENT HANDBOOK
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Massachusetts Stormwater Handbook, Volumes One,
Two, and Three, prepared by the Massachusetts Department of Environmental
Protection and the Massachusetts Office of Coastal Zone Management,
dated February 2008, as the same may be from time to time revised.
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STOP WORK ORDER
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An order issued which requires that all construction
activity on a site be stopped.
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TSS
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Total Suspended Solids (TSS) are solids in water
that can be trapped by a filter. TSS can include a wide variety of
material, such as silt, decaying plant and animal matter, industrial
wastes, and sewage.
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VERNAL POOL
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A confined basin or depression not occurring
in existing lawns, gardens, landscaped areas or driveways which, at
least in most years, holds water for a minimum of two continuous months
during the spring and/or summer, contains at least 200 cubic feet
of water at some time during most years, is free of adult fish populations,
and provides essential breeding and rearing habitat functions for
amphibian, reptile or other vernal pool community species, regardless
of whether the site has been certified by the Massachusetts Division
of Fisheries and Wildlife.
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WATER QUALITY VOLUME (WQv)
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The storage needed to capture a specified average
annual stormwater runoff volume. Numerically (WQv) will vary as a
function of drainage area or impervious area.
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In the case where the proposed development or
alteration is subject to the Massachusetts Wetlands Protection Act
and/or the Ashland Wetlands Bylaw, the Applicant shall submit the
required application/s with the Application for a SMP hereunder. The
Commission shall consider both applications at the same time. Any
SMP issued by the Commission applies only to the requested approval.
Other approvals or permits required by the Zoning Bylaw of the Town
of Ashland, other governmental boards, agencies or bodies having jurisdiction,
shall not be assumed or implied by issuance of the SMP.
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Strict compliance with these Regulations may
be waived if the Commission finds that the waiver is allowed by federal,
state and local statutes and/or regulations, is in the public interest
or is unnecessary because the project will not adversely impact the
environmental resources, and is consistent with the intent and purpose
of The Bylaw and these Regulations.
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Any request from an Applicant for a waiver of
these Regulations must be submitted, in writing, to the Commission
at the time of submission of the Application. Such requests must clearly
identify the provision/s of the Regulations from which relief is sought
and be accompanied by a statement setting forth the reasons why, in
the Applicant's opinion, the granting of such a waiver would be in
the public interest or why the specific information required is irrelevant
to the project, and demonstrating that strict application of the Bylaw
does not further the purposes or objectives of this Bylaw.
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The Commission may require the permittee to
post with the Town before the start of land disturbance or construction
activity, a surety bond, irrevocable letter of credit, cash, or other
acceptable security to secure the satisfactory completion of all or
any part of the work authorized under an SMP (known as the Stormwater
Completion Surety). The form of the surety shall be approved by the
town treasurer, and be in an amount deemed sufficient by the Commission
to ensure that the work will be completed in accordance with the SMP.
If the project is phased, the Commission may release part of the bond
as each phase is completed in compliance with the SMP but the bond
may not be fully released until the Commission has received the final
inspection report as required by these Regulations and issued a Notice
of Completion.
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The Conservation Commission may also require
the permittee to secure the future maintenance of the stormwater system
by a perpetual surety bond or by a deposit of money of an amount as
determined by the Conservation Commission. This shall be named the
Stormwater Maintenance Surety. In the event that the permittee does
not follow maintenance procedures and programs as approved by the
Conservation Commission, the Commission shall have the authority to
expend any portion of said security to provide such maintenance.
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In the event the Commission determines that
either stormwater surety is no longer required, it will be returned.
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The Regulations may be amended by a majority
vote of the Commission in a public meeting.
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An application shall be accompanied by a non-refundable
fee to cover the expenses incurred by the town in reviewing the application.
Part of the fee may be waived if the Commission chooses to have some
of the review work performed by outside consultants as provided below:
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7.1.1
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The fees for an SMP are as follows:
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7.1.1.1
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Basic Residential Application
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$100
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7.1.1.2
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Application for Residential Subdivision or Multifamily
Development
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$500
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7.1.1.3
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Commercial Application
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$750
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7.1.1.4
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Notice of Completion for Non-Basic Residential
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$150
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7.1.1.5
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Permit Extension
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$150
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7.1.1.6
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True Copy Attest
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$50
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7.1.1.7
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Re-inspection
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$50
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The Commission is authorized to require an Applicant
to pay a fee for the reasonable costs and expenses for specific expert
engineering and other consultant services deemed necessary by the
Commission to reach a final decision on the application.
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Seven (7) complete copies of the application
(one [1] full size copy of all plan sheets and six [6] reduced size
copies of all plan sheets), the required fees and proof that the applicant
does not have any outstanding tax liability with the Town shall be
submitted to the office of the Commission during normal business hours.
The Commission staff will file a copy with the Town Clerk who will
certify the date and time of filing. The Commission staff may request
additional copies. The Applicant may request and shall be entitled
to a receipt for the materials submitted.
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Information submitted after the initial filing
of the application as described above will be accepted and the public
hearing may be continued at the discretion of the Commission to allow
time to review the new material. The number of copies of the additional
materials required shall be at the discretion of the Commission. The
public hearing may be continued, at the discretion of the Commission,
to allow time for review of the new material. Questions concerning
this process should be directed to the Commission staff.
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The Commission will transmit a copy of an application
to various other town departments, boards, committees, agencies or
independent consultants to ensure full and qualified review of the
application. The Commission will make copies of reviews available
to the applicant.
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Any Application for an SMP shall be made in
writing and include the completed application form entitled "Application
for a Stormwater Management Permit" attached to these Regulations.[1] In the case where the Applicant is a person other than
the record owner of the property, the Applicant must obtain the owner's
signature on the application indicating that the owner has knowledge
of and consents to the Application. If the Applicant is acting in
the name of a trust, corporation or company, a letter documenting
the authorizing vote shall be attached.
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An Application for an SMP that lacks information
or is incomplete may be denied or delayed. The Applicant shall be
responsible for factually supporting all points relied upon in the
Application including references for methodologies used in design
calculations.
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A complete Application for an SMP shall include
the following items listed below and other items required by these
Regulations.
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NOTE:
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If any other permits are required from the Commission,
the Applicant is hereby permitted and encouraged to make the applications
for such additional permits concurrently with this SMP application.
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The following general performance criteria shall
be applicable to all stormwater management plans, unless otherwise
provided for in this Regulation.
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Applicants are encouraged to meet water quality
standards through the use of low impact techniques such as bio-retention
cells, vegetated filter strips and porous surfaces. For structural
stormwater controls not included in the Massachusetts Stormwater Management
Manual, or for which pollutant removal rates have not been previously
documented by prior applicants, the applicant must document the effectiveness
and pollutant removal of the structural control by providing scientific
studies, literature reviews, or other citations deemed acceptable
by the Commission, in order to receive approval from the Commission
before including such techniques in the design of a stormwater management
system.
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Structural best management practices (BMPs)
must be designed to remove 80% of the average annual post-development
total suspended solids (TSS) and 40% for total phosphorus (TP), and
30% for total nitrogen (TN). It is presumed that a BMP complies with
this performance goal if it is:
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A notice of the public hearing indicating the
date, time, place, and purpose of the public hearing shall be sent
by certified mail by the Applicant to the Certified List of Abutters
at least five (5) days prior to the date of the public hearing at
the expense of the Applicant. Such notice must contain, at a minimum,
the information presented in the sample legal notice that is attached
to these Regulations.[1]
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Any application for an SMP submitted hereunder
may be withdrawn without prejudice by notice in writing to the Commission
prior to the notice of a public hearing being posted or mailed pursuant
to these Regulations. Withdrawal of any application thereafter requires
Commission approval. A partial refund of fees may be provided if an
application is withdrawn.
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The Commission will act on each application
for an SMP within ninety (90) days after the date of filing of the
application with the Commission and the Town Clerk, unless such application
has been withdrawn from consideration as set forth above.
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The concurring vote of a majority of the members
of the Commission in office present (a quorum) shall be necessary
to decide in favor of granting an SMP.
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A decision of the Commission shall be final.
The appeal of a decision by the Commission under this bylaw shall
be filed with the Massachusetts Land Court or Massachusetts Superior
Court.
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At completion of the project the permittee shall
submit as-built record drawings of all structural stormwater controls
and treatment best management practices required for the site as required
by these Regulations. The as-built drawing shall show deviations from
the approved plans, if any, include a narrative of said deviations,
and be certified by a Qualified Professional. If a NPDES construction
site filing was required, at the completion of the project a copy
of the Notice of Termination of NPDES coverage shall be submitted
to the Commission.
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Any SMP granted by the Commission shall expire
within three years from the date of issuance of the permit.
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The applicant may be granted a one-year extension
by applying to the Commission, in writing, at least 30 days prior
to the date when the SMP is due to lapse. The Commission may evaluate
the existing stormwater management plan to determine whether the plan
still satisfies local program requirements and to verify that all
design factors are still valid. If the Commission finds the previously
filed plan to be inadequate, a modified plan shall be submitted and
approved prior to the commencement of land-disturbing activities.
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Failure to submit such a request as prescribed
above shall be due cause for the Commission to deny the requested
time extension. If the actions permitted are not exercised or the
approval not extended, they shall lapse, and a new application and
public hearing shall be required.
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The granting of a SMP constitutes approval only
under the pertinent sections of the Bylaw. Other permits or approvals
required by other governmental boards, agencies, or bodies having
jurisdiction such as the Board of Health, and Planning Board shall
not be assumed or implied. The Commission may condition any SMP hereunder
on satisfactory demonstration of compliance with the requirements
of other governmental bodies having jurisdiction prior to the start
of any work on the site, the issuance of a Building Permit, or any
other appropriate step in the development process. The Applicant is
hereby encouraged to seek approvals and certificates of compliance
from such other governmental bodies prior to or concurrently with
the application to the Commission.
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A previously granted SMP may be amended by written
request to the Commission or on the Commission's own motion. The Commission
shall determine whether any request for further alterations to a site
constitutes an amendment or if such request should be considered a
new application requiring a public hearing. The Commission may amend
a SMP without a new public hearing provided it finds that the amendment
is not significant to the public interest and is consistent with the
purpose and intent of the Bylaw. Consultation with the Building Department
is recommended prior to the filing of any request to amend a SMP.
The Commission may require a fee for amendments.
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The Applicant must notify the Commission in
advance before the commencement of construction. In addition, the
Applicant must notify the Commission in advance of construction of
critical components of the stormwater management system. A pre-construction
conference may be held on site prior to the start of construction.
At a minimum, required attendees at the pre-construction conference
shall be the Commission and/or the Commission's agent, the owner and/or
owner's agent, and the general contractor for the project. Additional
attendees shall be determined on a per project basis. The pre-construction
conference shall be used to discuss construction scheduling, compliance
with any and all permit conditions, emergency contact information,
inspection procedures, and any other pertinent topics.
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The terms of the inspection and maintenance
agreement as specified in these Regulations shall provide for the
Commission or its designee to enter the property at reasonable times
and in a reasonable manner for the purpose of inspection. The Commission,
its agents, officers, and employees shall have authority to enter
upon privately owned land for the purpose of performing their duties
under this Regulation and may make or cause to be made such examinations,
surveys, or sampling as the Commission deems necessary, subject to
the constitutions and laws of the United States and the Commonwealth.
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Parties responsible for the operation and maintenance
of a stormwater management facility shall provide records of all mainte©nance
and repairs to the Commission, upon request. Parties responsible for
the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least 10 years. These
records shall be made available to the Commission during inspection
of the facility and at other reasonable times upon request.
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