As used in this chapter, the following terms shall have the
meanings indicated:
ABUTTER
The owner(s) of land abutting the land disturbance site.
AGRICULTURE
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).
ALTERATION OF DRAINAGE CHARACTERISTICS
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.
APPLICANT
The 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.
CLEARING
Any activity that removes the vegetative surface cover and/or
organic layer. Clearing activities generally include grubbing activity
as defined below.
CONSTRUCTION AND WASTE MATERIALS
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.
DESIGN CRITERIA
Engineering design criteria as contained in the Stormwater
Regulations authorized under this bylaw.
DETENTION
The temporary storage of storm runoff, used to control the
peak discharge rates, and which provides settling of pollutants.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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.
ENVIRONMENTAL SITE MONITOR
A 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.
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.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
ILLICIT CONNECTION
A 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 DISCHARGE
Direct 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.
IMPERVIOUS SURFACE
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.
LOT
An 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 ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as "endangered," "threatened," or of "special concern."
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 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.
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 North Andover.
OPERATION AND MAINTENANCE PLAN
A 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.
OUTFALL
The 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.
OWNER
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.
PERMITTEE
The person who holds a land disturbance permit and therefore
bears the responsibilities and enjoys the privileges conferred thereby.
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.
PLANNING BOARD
The 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 SOURCE
Any 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 SPECIES
Habitats 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 SYSTEM
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 that is not owned and maintained by the
Town.
RECHARGE
Addition of stormwater runoff to the groundwater by natural
or artificial means.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
RESPONSIBLE PARTIES
The applicant, owner(s), persons with financial responsibility,
and persons with operational responsibility.
RETENTION
The holding of stormwater runoff in a basin without release
except by means of evaporation, infiltration, or emergency bypass.
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.
SITE
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
SOIL
Earth materials including duff, humic materials, sand, rock
and gravel.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
STORMWATER
Stormwater runoff, snow melt runoff, surface water runoff
and drainage.
STORMWATER MANAGEMENT PLAN AND NARRATIVE
A 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.
STRIP
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
TSS
Total suspended solids. Material, including but not limited
to trash, debris, soils, sediment and sand, suspended in stormwater
runoff.
VERNAL POOLS
Seasonally 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.
WATERCOURSE
A natural or man-made channel through which water flows,
including a river, brook, or stream.
WETLAND RESOURCE AREA
Areas 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.
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.
Except as permitted by the Planning Board in a land disturbance
permit or as otherwise provided in this bylaw, no person shall perform
any land disturbance involving disturbance of 43,560 square feet or
more of land.
A. Regulated activities.
(1) Regulated
activities shall include:
(a)
Land disturbance of 43,560 square feet or more of land associated
with construction or reconstruction of structures.
(b)
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 all together
disturbs 43,560 square feet or more of land.
(c)
Paving or other change in surface material over an area of 43,560
square feet or more of land.
(d)
Construction of a new drainage system or alteration of an existing
drainage system or conveyance draining an area of 43,560 square feet
or more of land.
(e)
Any other activity, on an area of land of 43,560 square feet
or more, 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.
(2) No person may create or maintain a direct connection or discharge
to the MS4 without a connection and discharge permit from the Department
of Public Works.
(3) The Town of North Andover is not exempt from the provisions of this
bylaw.
B. Exempt activities. The following activities are exempt from the requirements
of this bylaw:
(1) Normal maintenance and improvement of Town-owned public or maintained
ways and appurtenances to the public or maintained ways.
(2) Normal maintenance and improvement of land in agricultural use.
(3) Repair of septic systems when required by the Board of Health for
the protection of public health.
(4) Normal maintenance of currently existing landscaping, gardens or
lawn areas associated with a single-family or two-family dwelling.
(5) Activities for which the North Andover Conservation Commission and/or
Massachusetts Department of Environmental Protection has issued an
order of conditions under the Massachusetts Wetlands Protection Act
(MGL c. 131, § 40) and Regulations promulgated thereunder
and/or the Town of North Andover Wetland Protection Bylaw and regulations.
(6) Activities for which the North Andover Planning Board has issued
an approval pursuant to a special permit (including site plan review)
as well as definitive subdivision approval pursuant to the North Andover
Planning Board Rules and Regulations Governing the Subdivision of
Land.
(7) Activities for which the North Andover Zoning Board of Appeals (ZBA)
has issued a comprehensive permit pursuant to MGL c. 40B.
(8) Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this bylaw.
C. Prohibited activities. The following activities are prohibited under
this bylaw:
(1) Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
MS4, into a watercourse, or into the waters of the commonwealth.
(2) Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
(3) Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Department of Public Works.
D. Allowable non-stormwater discharges. The following activities are
allowed without the need for consultation with the Planning Board:
(1) Discharge or flow resulting from fire-fighting activities;
(3) Flow from potable water sources;
(5) Natural flow from riparian habitats and wetlands;
(8) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(9) Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(10)
Discharge from landscape irrigation or lawn watering;
(11)
Water from individual residential car washing;
(12)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided the water is allowed to stand one week
prior to draining and the pool is drained in such a way as not to
cause a nuisance;
(13)
Discharge from street sweeping;
(14)
Dye testing, provided verbal notification is given to the Department
of Public Works prior to the time of the test;
(15)
Non-stormwater discharge permitted under a NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Department of Environmental
Protection, provided that the discharge is in full compliance with
the requirements of the permit, waiver, or order and applicable laws
and regulations; and
(16)
Discharge for which advanced written approval is received from
the Department of Public Works as necessary to protect public health,
safety, welfare or the environment.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under §
165-5 of this bylaw.
The Planning Board shall establish fees, subject to approval
of the Board of Selectmen, to cover expenses connected with application
review and monitoring permit compliance. The fees shall be sufficient
to cover Town secretarial staff and professional staff and any such
other direct and indirect costs to the Town of processing and receiving
the applications. Provided that a revolving fund is established by
the Town in accordance with the provisions of MGL c. 44, § 53E 1/2,
the Planning Board is also authorized to collect fees from the applicant
in amounts sufficient to pay a registered professional engineer and
such other professional consultants as the Planning Board requires
to advise the Planning Board on any and all aspects of the project.
The fees for such professional engineers and consultants shall be
paid to the Town for deposit into the revolving fund.
Unless otherwise posted with the Town as a separate "site opening
bond" specifically dedicated to the compliance with the intent of
this bylaw, the Planning Board may require the applicant to post before
the start of land disturbance activity a surety bond, or other acceptable
security. The form of the bond shall be approved by the Planning Board,
and be in an amount deemed sufficient by the Planning Board to insure
that the work will be completed in accordance with the permit. If
the project is phased, the Planning Board may release part of the
bond as each phase is completed in compliance with the permit, but
the bond may not be fully released until the Planning Board has issued
a certificate of completion.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.