This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, and pursuant to the regulations
of the federal Clean Water Act.
The definitions set forth below shall apply in the interpretation
and implementation of the bylaw. Terms not defined in this Appendix
shall be understood according to their customary and usual meaning.
The Stormwater Authority may by its regulations adopt additional definitions
in furtherance hereof.
ACCESSORY BUILDING
A subordinate or secondary building situated on the same
lot or parcel with a principal building, the use of which is customarily
incidental to that of the main building or land use.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a Stormwater Permit.
AUTO FUELING FACILITY
A facility dedicated to the transfer of fuels from a stationary
pumping station to mobile vehicles or equipment. It includes above-
or under-ground fuel storage facilities. In addition to general service
gas stations, an auto fueling facility includes pumping stations at
twenty-four-hour convenience stores, construction sites, warehouses,
car washes, manufacturing establishments, port facilities, and businesses
with fleet vehicles. Stormwater contamination at fueling facilities
is caused by leaks/spills of fuels, tube oils, radiator coolants,
and vehicle washwater.
AUTO SALVAGE YARD
A facility for the dismantling, storage and/or sale of vehicles
for reusable parts and fluids. Fluids associated with auto salvage
yards may include, but are not limited to: drained motor oil, window
cleaner, antifreeze, battery acid, hydraulic oil/fluid, transmission
fluid, brake fluid and oil and water recovered from steam cleaning.
These fluids may enter stormwater runoff from storage areas.
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 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 use natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
BETTER SITE DESIGN
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural Low Impact
Development (LID) Management practices. Better site design includes
conserving and protecting natural areas and greenspace, reducing impervious
cover, and using natural features for LID Management.
BUILDING ENCLOSURE
The building assemblies comprising the outer structure of
a building that enclose living and storage spaces including walls,
windows, doors, roof, floors and foundation; also, building envelope,
building shell.
CONTIGUOUS PARCELS
Adjoining lands of common ownership, even if divided by a
public road, easement, rivers or streams.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISTURBANCE OF LAND
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
FLEET STORAGE YARD
A facility for the storage and maintenance of vehicles owned
or operated as a unit, including, but not limited to, automobiles,
trucks, buses and motorcycles.
FOREST CUTTING PLAN
A plan for the cutting of trees on forest land, which is
prepared and submitted in accordance with MGL c. 132, §§ 40-46A.
The forest cutting plan requires approval by a Service Forester of
the Massachusetts Department of Conservation and Recreation, as provided
under 304 CMR 11.04.
IMPERVIOUS SURFACE
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: paved parking lots, sidewalks,
rooftops, driveways, patios, and paved, gravel and compacted dirt
surfaced roads.
LANDSCAPING
Landscaping includes a range of maintenance and construction
activities aimed at shaping, defining, and enhancing outdoor spaces
and environments inhabited by people. It is practiced as both a science
and an art. Landscaping involves working with functional site conditions
of water, soil, seasonality, wind, and light conditions, requires
a thorough knowledge of plant materials, and strives to shape our
living environments to achieve aesthetic effects.
LOW IMPACT DEVELOPMENT
Low Impact Development (LID) is an approach to land development
that uses land planning and design practices and technologies to simultaneously
conserve and protect natural resource systems and reduce infrastructure
costs. LID seeks to design the built environment to remain a functioning
part of an ecosystem rather than exist apart from it. LID tools are
used to plan and engineer urban and rural sites to maintain or restore
the hydrologic and ecological functions of their watersheds.
LOW IMPACT DEVELOPMENT (LID) CREDIT SYSTEM
A form of incentive for developers to promote conservation
of natural and open space areas. Projects that comply with prescribed
requirements are allowed reductions in stormwater management requirements
when they use techniques to reduce stormwater runoff at the site.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS AND HANDBOOK
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.
NEW DEVELOPMENT
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
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.
OUTDOOR STORAGE AND LOADING AREAS OF HAZARDOUS SUBSTANCES
Facilities that perform the loading/unloading and outside
storage of liquid and solid materials at industrial and commercial
locations. These areas include, but are not limited to, shipping and
receiving, outside above- and below-ground storage, and fueling areas.
Materials transferred may include, but are not limited to, products,
raw materials, intermediate products, waste materials, fuels, and
scrap metals. Leaks and spills of fuels, oils, powders, organic chemicals,
heavy metals, salts, acids, and alkalis during transfer are potential
causes of stormwater contamination. Spills from hydraulic line breaks
are a common problem at loading docks.
OWNER
A person with a legal or equitable interest in a property.
OWNERSHIP
The state or fact of being an owner.
PERSON
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 Deerfield, and any other legal entity, its legal representatives,
agents, or assigns.
POST-DEVELOPMENT
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.
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 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.
RAILROAD YARD
A facility for the storage, maintenance, repair and movement
of locomotives and rail cars. Railroad yards include terminals, switching
yards, maintenance yards and all associated equipment, structures
and storage areas. Pollutant sources from railroad yards can include
drips/leaks of vehicle fluids onto the railroad bed, human waste disposal,
litter, locomotive/railcar/equipment cleaning areas, fueling areas,
outside material storage areas, the erosion and loss of soil particles
from the railroad bed, maintenance and repair activities at railroad
terminals, switching yards, and maintenance yards, and herbicides
used for vegetation management. Waste materials can include waste
oil, solvents, degreasers, antifreeze solutions, radiator flush, acids,
brake fluids, soiled rags, oil filters, sulfuric acid and battery
sludges, and machine chips with residual machining oil and toxic fluids/solids
lost during transit. Potential pollutants include oil and grease,
sediment, organic chemicals, pesticides, and metals.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration, transportation or improvement
exceeding land disturbance of 12,500 square feet, where the existing
land use is commercial, industrial or institutional.
ROAD SALT STORAGE AREA
A facility for the storage of deicing materials, most commonly
salts such as sodium chloride, gravel, sand and other materials that
are applied to highways and roads to reduce the amount of ice during
winter storm events.
STORMWATER AUTHORITY
The Planning Board shall be the Stormwater Authority which shall have the authority to administer, implement, and enforce these Stormwater Bylaws. The Stormwater Authority is responsible for coordinating the review, approval and permit process as defined in this bylaw. Other boards and/or departments participate in the review process as defined in §
155-5 of these Stormwater Bylaws.
STORMWATER PERMIT
A permit issued by the Stormwater Authority for projects
in the categories and meeting the standards defined in this bylaw,
after review of an application, plans, calculations, and other supporting
documents. Projects in these categories that meet these generic standards
and are properly implemented are assumed to meet the requirements
and intent of this bylaw which is designed to protect the environment
of the Town of Deerfield from the deleterious effects of uncontrolled
and untreated stormwater runoff.
TIMBER HARVESTING
Operations associated with felling and moving trees and logs
from the stump to the point of delivery, such as, but not limited
to, marking danger trees and trees/logs to be cut to length, felling,
limbing, bucking, debarking, chipping, yarding, loading, unloading,
storing, and transporting machines, equipment and personnel to, from
and between logging sites.
VEHICLE WASH BAY
Facilities include automatic systems found at individual
businesses or at gas stations and twenty-four-hour convenience stores,
as well as self-service car washes. Types of vehicle wash bays include
tunnels, rollovers and hand-held wands. The tunnel washes are housed
in a long building through which the vehicle is pulled. At a rollover
wash, the vehicle remains stationary while the equipment passes over.
Wands are used at self-serve car washes. Wash wastewater may contain
detergents and waxes that contribute to polluted stormwater runoff.
Other potential pollutants from vehicle wash bays include oil, grease
and sediment.
Permit Procedures and Requirements shall be defined and included as part of any rules and regulations issued as permitted under §
155-5 of this bylaw.
The Stormwater Authority or an authorized agent of the Stormwater Authority shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any Stormwater Regulations issued as permitted under §
155-5 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any other section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.