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.
As used in this bylaw, the following terms shall have the meanings
indicated:
ABUTTER
Property owner of any property having a common boundary line
with the applicant's property, or any owner of any property located
adjacent to the applicant's property on a public way or stream, or
any property owner located within a distance of 300 feet of the property.
AGRICULTURE
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
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
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government to the extent permitted
by law requesting a soil erosion and sediment control permit for proposed
land-disturbance activity.
AUTHORIZED ENFORCEMENT AGENCY
The Town of Groveland Planning Board, hereafter the "Board,"
its employees or agents designated to enforce this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including
but not limited to demolition debris, discarded building materials,
concrete truck washout, chemicals, litter and sanitary waste at a
construction site that may adversely impact water quality.
CONVEYANCE
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.
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 the waters
of the United States or commonwealth from any source.
DISTURBANCE OF LAND
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
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) and 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.
GROUNDWATER
All water beneath any land surface, including water in the
soil and bedrock beneath water bodies.
GRUBBING
The act of clearing land by digging up roots and stumps.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations at 321 CMR 10
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,
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, §§ 26 through 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 SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN 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 owned or operated by the Town of Groveland.
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.
NON-POINT 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 setting up 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.
OUTFALL
The point at which stormwater flows out from a point source
as defined herein 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 Division 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
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth of the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
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 non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, but are not limited to:
A.
Chemicals, paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Non-hazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes, sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
L.
Construction wastes, demolition debris, and discarded building
materials; and
M.
Noxious or offensive matter of any kind.
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.
PRE-DEVELOPMENT
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Conservation
Commission or Planning Board.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
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, including, without limitation:
the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act,
or Town of Groveland Wetland Protection Bylaw and Regulations.
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
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
STORMWATER AUTHORITY
Town of Groveland Planning Board or its authorized agents
are responsible for coordinating the review, approval and permit process
as defined by this bylaw.
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.
VERNAL POOLS
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
WATERCOURSE
A natural or man-man channel through which water flows or
a stream of water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and Groveland Wetland Protection
Bylaw and Regulations.
WETLANDS
Tidal and non-tidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, as defined in
the Massachusetts Wetlands Protection Act (MGL c. 131, § 40),
including freshwater marshes around ponds and channels (rivers and
streams), brackish and salt marshes; common names include marshes,
swamps and bogs.
The following may be exempt from the requirements of this bylaw:
A. Normal maintenance and improvement of land in agricultural, aquacultural,
forestry, or nursery operations as permitted as a main or accessory
use;
B. Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources;
C. Emergency repairs to any stormwater structure;
D. Maintenance of existing landscaping, gardens or lawn areas;
E. Construction of patios, walkways, driveways, fences, swimming pools
and the replacement of wells or septic systems on lots having an existing
dwelling;
F. Construction or emergency repair to any utilities other than drainage,
which would not alter the terrain, ground cover or drainage patterns;
G. Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by a Town department or board;
H. Normal maintenance and improvements of the Town of Groveland publicly
owned roadways and associated drainage infrastructure; and
I. Projects that are wholly subject to 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 Conservation Commission
The following stormwater standards shall be met for all new
and redevelopment projects as outlined below.
A. LID site
planning and design strategies must be implemented unless infeasible
in order to reduce the discharge of stormwater from development sites.
B. Stormwater
management system design shall be consistent with, or more stringent
than, the requirements of the 2008 Massachusetts Stormwater Handbook.
C. Stormwater management systems on new development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 60% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements in Subsection
C are achieved through one of the following methods:
(1) Installing
BMPs that meet the pollutant removal percentages based on calculations
developed consistent with EPA Region 1's BMP Accounting and Tracking
Tool (2016) or other BMP performance evaluation tool provided by EPA
Region 1, where available. If EPA Region 1 tools do not address the
planned or installed BMP performance, then any federally or state-approved
BMP design guidance or performance standards (e.g., state stormwater
handbooks and design guidance manuals) may be used to calculate BMP
performance; or
(2) Retaining
the volume of runoff equivalent to, or greater than, 1.0 inch multiplied
by the total post-construction impervious surface area on the new
development site; or
(3) Meeting
a combination of retention and treatment that achieves the above standards;
or
(4) Utilizing
off-site mitigation that meets the above standards within the same
USGS HUC12 as the new development site.
D. Stormwater management systems on redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of TSS related to the total post-construction impervious area on the site and 50% of the average annual load of TP related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements in Subsection
D are achieved through one of the following methods:
(1) Installing
BMPs that meet the pollutant removal percentages based on calculations
developed consistent with EPA Region 1's BMP Accounting and Tracking
Tool (2016) or other BMP performance evaluation tool provided by EPA
Region 1, where available. If EPA Region 1 tools do not address the
planned or installed BMP performance, then any federally or state-approved
BMP design guidance or performance standards (e.g., state stormwater
handbooks and design guidance manuals) may be used to calculate BMP
performance; or
(2) Retaining
the volume of runoff equivalent to, or greater than, 0.8 inch multiplied
by the total post-construction impervious surface area on the redevelopment
site; or
(3) Meeting
a combination of retention and treatment that achieves the above standards;
or
(4) Utilizing
off-site mitigation that meets the above standards within the same
USGS HUC12 as the redevelopment site.
E. Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from Subsection
D. Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of Subsection
D.
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.