As used in this chapter, the following terms shall have the meanings indicated:
ABUTTERThe owner(s) of land abutting the land disturbance site.
AGRICULTUREThe 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).
Any activity on an area of land that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated 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.
APPLICANTThe owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Stormwater Management Bylaw and Regulations, any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The owner shall certify in writing the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner. Without such certification, an applicant shall not act on behalf of the owner. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. All applications shall include original signatures of all owners.
BEST MANAGEMENT PRACTICE (BMP)An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CLEARINGAny activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below.
CONSTRUCTION AND WASTE MATERIALSExcess 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.
DESIGN CRITERIAEngineering design criteria as contained in the Stormwater Regulations authorized under this bylaw.
DETENTIONThe temporary storage of storm runoff, used to control the peak discharge rates, and which provides settling of pollutants.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LANDAny action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
ENVIRONMENTAL SITE MONITORA professional engineer, or other trained professional approved by the Planning Board and retained by the holder of a land disturbance permit to periodically inspect the work and report to the Planning Board.
EROSIONThe 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.
GRADINGChanging the level or shape of the ground surface.
GRUBBINGThe act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTIONA surface or subsurface drain or conveyance which allows an illicit discharge into the North Andover storm drain system, regardless of whether said connection was previously allowed, permitted or approved before the effective date of this bylaw.
ILLICIT DISCHARGEDirect or indirect discharge to the North Andover storm drain system that is not composed entirely of stormwater, including without limitation sewage, process wastewater, or wash water, except as exempted in §
165-4D of this bylaw or in implementing regulations.
Any material or structure on or above the ground that limits water infiltrating the underlying soil. Impervious surface includes, without limitation: roads, paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85.
LOTAn area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings.
LOW-IMPACT DEVELOPMENT (LID)An approach to environmentally friendly land use planning and stormwater management that includes a suite of landscaping and design techniques that attempt to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques typically preserve natural drainage characteristics and/or capture water on site, filter it through vegetation, and let it soak into the ground, where it can recharge the local water table rather than becoming surface runoff.
MASSACHUSETTS STORMWATER MANAGEMENT POLICYThe 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 the Massachusetts Clean Waters Act (MGL c. 21, §§
26 through
53). 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.
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 North Andover.
OPERATION AND MAINTENANCE PLANA plan developed by a Massachusetts licensed professional engineer (PE) 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.
OUTFALLThe point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs)Waters designated by the Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociological, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR
4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
The owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds (or Registry District of the Land Court if the land constitutes registered land) indicating the owner of record.
PERMITTEEThe person who holds a land disturbance permit and therefore bears the responsibilities and enjoys the privileges conferred thereby.
PERSONAn 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.
PLANNING BOARDThe designees authorized to implement all actions and procedures authorized by this bylaw. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this bylaw to the Town Planner.
POINT SOURCEAny discernible, confined, and concentrated conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or container from which pollutants are or may be discharged.
PRIORITY HABITAT OF RARE SPECIESHabitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER SYSTEMThe 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 that is not owned and maintained by the Town.
RECHARGEAddition of stormwater runoff to the groundwater by natural or artificial means.
REDEVELOPMENTDevelopment, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RESPONSIBLE PARTIESThe applicant, owner(s), persons with financial responsibility, and persons with operational responsibility.
RETENTIONThe holding of stormwater runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
RUNOFFRainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENTMineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SITEAny lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SLOPEThe incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOILEarth materials including duff, humic materials, sand, rock and gravel.
STABILIZATIONThe use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion.
STORMWATERStormwater runoff, snow melt runoff, surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN AND NARRATIVEA document containing narrative, drawings and details prepared by a Massachusetts-licensed qualified professional engineer (PE) which includes structural and nonstructural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an operation and maintenance plan describing the maintenance requirements for structural best management practices.
STRIPAny activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TSSTotal suspended solids. Material, including but not limited to trash, debris, soils, sediment and sand, suspended in stormwater runoff.
VERNAL POOLSSeasonally wet basin depressions that do not support breeding populations of fish, because of periodic drying. Vernal pools serve as breeding sites for unique organisms and may be protected by state, local and federal laws. Specifically, vernal pools are isolated depressions or closed basins which temporarily confine water during periods of high water table and high input from spring runoff or snowmelt or heavy precipitation, and support populations of nontransient microorganisms, serve as breeding habitat for select species of amphibians or contain a variety of wetland plant species. They serve as temporarily flooded amphibian breeding habitat, as well as habitat for other wildlife. These pools are characteristically small; they rarely exceed 150 feet in width; however, a given pool may vary in size from year to year depending on the amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be considered isolated vegetated wetlands. The existence of either a confined basin depression; evidence of amphibian and/or reptile species that breed only in vernal pools; the presence of fairy shrimp or their eggs; or documented presence of water in a confined basin depression for at least two continuous months in the spring and/or summer will verify the existence of a vernal pool.
WATERCOURSEA natural or man-made channel through which water flows, including a river, brook, or stream.
WETLAND RESOURCE AREAAreas specified in the Massachusetts Wetlands Protection Act (MGL c. 131, §
40) and regulations promulgated thereunder and in the Town of North Andover Wetland Protection Bylaw and Regulations. Wetlands include wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent communities in inland waters; that portion of any bank which touches any inland water.