The following definitions describe the meaning of the terms
used in this bylaw:
ADVERSE IMPACT
Any deleterious effects on waters or wetlands, including
their quality, quantity, surface area, species composition, aesthetics
or usefulness for human or natural uses, which are or may potentially
be harmful or injurious to human health, welfare, safety or property
or to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
AGRICULTURAL ACTIVITY
Producing or raising one or more of the following agricultural
commodities for commercial purposes:
(1)
Animals, including but not limited to livestock, poultry, and
bees;
(2)
Fruits, vegetables, berries, nuts, maple sap, and other foods
for human consumption; and
(3)
Feed, seed, forage, tobacco, flowers, sod, nursery or greenhouse
products, and ornamental plants or shrubs.
And as further defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
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ALTER
Any activity, which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alter may be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
DISTURBANCE
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
subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENT CONTROL PLAN
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or 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 construction and construction-related
land disturbance activities.
FLOODING
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.
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, but not including water in
man-made structures.
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, rooftops,
driveways, patios, and paved roads.
LOW-IMPACT DEVELOPMENT
A development strategy that seeks to mimic (or in the case
of redevelopment, restore/recreate) a site's predevelopment hydrology
through protection of on-site natural features and environmentally
sensitive site design that limits impervious areas, preserves open
space, and uses decentralized small-scale facilities to capture and
manage rainfall (or snowmelt) close to where it falls. These small-scale
facilities serve to slow, absorb, and treat flow and include bioretention
areas, grass swales, porous pavements, cisterns, and green roofs and
walls.
MAXIMUM EXTENT PRACTICABLE
Refers to the extent of efforts to comply with local post-construction
stormwater management requirements. Elements of MEP indicate serious
intent to comply and include selecting and implementing design elements
to address site restrictions. MEP is defined as the following:
(1)
Proponents of development/redevelopment projects have made all
reasonable efforts to meet the applicable Massachusetts Stormwater
Management Standards;
(2)
They have made a complete evaluation of possible stormwater
management measures, including environmentally sensitive site design
that minimizes land disturbance and impervious surfaces, low-impact
development strategies and stormwater BMPs; and
(3)
If not in full compliance with the applicable standards, they
are implementing the highest practicable level of stormwater management.
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 Hadley.
NEW DEVELOPMENT
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than 40,000 square
feet of area (or activities that are part of a larger common plan
of development disturbing greater than 40,000 square feet of area)
on an area that has not previously been developed to include impervious
cover.
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.
OWNER
A person with a legal or equitable interest in a property.
PERSON
Any 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.
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 of property or sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include:
(1)
Paints, varnishes and solvents;
(2)
Oil and other automotive fluids;
(3)
Nonhazardous liquid and solid wastes and yard wastes;
(4)
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinances, accumulations and floatables;
(5)
Pesticides, herbicides and fertilizers;
(6)
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
(7)
Dissolved and particulate metals;
(8)
Animal wastes and residues;
(9)
Rock, sand, salt and soils;
(10)
Construction wastes and residues;
(11)
Noxious or offense matter of any kind.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than 40,000 square feet of area (or activities that are part of a
larger common plan of development disturbing greater than 40,000 square
feet of area) that does not meet the definition of new development
(see above). 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 for redevelopment
activities.
RESOURCE AREA
Any area protected under, including without limitation: the
Massachusetts Wetlands Protection Act, Massachusetts Rivers Act, or
Town of Hadley Wetland Bylaw. Specifically, these areas are banks,
bordering vegetated wetlands, ephemeral pools, land under waterbodies
and waterways, land subject to flooding and riverfront areas.
RETENTION
The holding of 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.
SEDIMENTATION
A process of depositing material that has been suspended
and transported in water.
SITE
The area extent of construction activities, including but
not limited to the creation of new impervious cover and improvement
of existing impervious cover (excluding redevelopment activities that
are exclusively limited to maintenance and improvement of existing
roadways as described under "redevelopment" definition above).
STORMWATER
Any stormwater runoff, snowmelt runoff, and surface water
runoff and drainage.
STORMWATER AUTHORITY
The Stormwater Authority administers, implements, and enforces this bylaw. See §
195-20 below for more information on which entity serves as Stormwater Authority.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT PERMIT
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents
which is designed to protect the Town from the adverse effects of
uncontrolled and untreated stormwater runoff.
STORMWATER MANAGEMENT PLAN
A plan to be submitted with the application for a stormwater
management permit, which shall include current and proposed site conditions,
proposed improvements, proposed stormwater control measures, development
schedules, and such other matters as may be required by the Stormwater
Authority.
SWALE
A natural depression or wide shallow ditch used to temporarily
store, route, or filter runoff.
TSS
Total suspended solids. Matter suspended in water or stormwater
when water is filtered for laboratory analysis, TSS are retained by
the filter and dissolved solids pass through.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.