Land uses in Town affect our streams, lakes and drinking water supplies. Land development and other land use conversions, and their associated changes to land cover, have the potential to permanently alter the function of local watersheds, resulting in increased stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, sediment transport and discharge, and nonpoint source pollution, and decrease groundwater recharge. Adverse impacts can be controlled and minimized through the application of stormwater best management practices (BMPs) and low-impact development principles.
Low-impact development (LID) seeks a balance between human activities and protecting habitat and important natural resources. It is about maintaining the environmental quality of life that gives the communities we live in a sense of place. The goal of LID is to integrate human development into the landscape in a way that is mindful of natural ecosystems and does not disrupt the complex hydrologic cycle that maintains them. LID can be applied through development density, reduced impervious surface coverage, lot size, open space/tree retention, street design, street width, parking design, sidewalks, and stormwater management practices. Because LID involves a comprehensive approach, it must be integrated into municipal policies, regulations, and development standards in order for it to be effective.
Careful planning of development, redevelopment, and land conversion projects will protect the quality and health of the water resources of Belchertown. Therefore, the Town of Belchertown enacts this Stormwater Management Bylaw to prevent potential harmful impacts from land development activities.
In addition, localities in the Commonwealth of Massachusetts are required to comply with a number of both state and federal laws, bylaws, and permits which require a locality to address the impacts of construction site runoff and post-development stormwater runoff.
Therefore, the Town of Belchertown has established this bylaw to provide reasonable guidance for the administration of site planning and stormwater management for the purpose of protecting local water resources from degradation. This bylaw applies to construction and post-construction stormwater runoff from new development and redevelopment projects. It designates the stormwater authority, applicable projects and how regulations are created and enforced.
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."
APPLICANT A property owner or agent of a property owner who has filed an application for a stormwater management permit.
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.
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. See also "new development"; "redevelopment."
EROSION Wearing away of land by running water, waves, wind, ice abrasion and transportation.
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.
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 through 46A. The forest cutting plan requires approval by a Service Forester of the Massachusetts Department of Conservation and Recreation, as provided under the Forest Cutting Practices Act by Massachusetts Department of Environmental Protection.
GRADING Changing the level or shape of the ground surface.
GROUNDWATER All subsurface water contained in natural geologic formations or artificial fill, including soil water in the zone of aeration.
GRUBBING Removal of stumps and large or matted roots from the ground after the removal of trees, prior to construction.
HOTSPOT Land uses or activities with higher potential pollutant loadings, such as auto salvage yards, auto fueling and repair facilities, fleet storage yards, commercial parking lots with high-intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances, or marinas.
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.
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 DISTURBANCE ACTIVITIES Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material.
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, rather than a single point of origin, caused by stormwater 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, 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 Belchertown, and any other legal entity, its legal representatives, agents, or assigns.
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.
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.
RECHARGE The replenishment of underground water reserves.
REDEVELOPMENT Any construction, alteration, or improvement that disturbs the ground surface or increases the impervious area on previously developed sites.
SEDIMENTATION A process of depositing material that has been suspended and transported in water.
SITE The parcel of land being developed, or a designated planning area in which the land development project is located.
STORMWATER (RUNOFF) Rainwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater/runoff commonly collects in the MS4 system for treatment and discharge.
STORMWATER AUTHORITY The Town
of Belchertown Conservation Commission. 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 §
112-5 of this bylaw.
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 environment of 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.
This bylaw, as amended, is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution, and pursuant to the regulations of the federal Clean Water Act, and as authorized by the residents of Belchertown at Town Meeting, dated May 14, 2007.
The Conservation Commission is hereby designated as the Stormwater Authority. The Stormwater Authority shall administer, implement and enforce this bylaw. The Stormwater Authority may designate Town boards, including (but not limited to) the Planning Board, Department of Public Works, and the Board of Health, as its authorized agent for the purpose of reviewing and making recommendations on stormwater permit applications within the designated board's expertise (the "reviewing board"). The reviewing board(s) shall notify the Stormwater Authority of its recommendations on stormwater management permit applications. Both the Stormwater Authority and the reviewing board(s) shall have authority to enforce this bylaw.
Permit procedures and requirements shall be defined and included in the Stormwater Management Regulations adopted under this bylaw. Failure to promulgate such procedures or a legal declaration of its invalidity by a court shall not act to suspend or invalidate this bylaw.
The Stormwater Authority or an authorized agent of the Stormwater Authority shall have the authority to enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies, including injunctive relief and monetary damages and costs of litigation and attorney fees, for such violations and for mitigation and compliance actions taken by the Stormwater Authority. Enforcement shall be further defined and included as part of the Stormwater Management Regulations adopted under this bylaw.
The invalidity of any section, provision, paragraph, sentence or clause of this bylaw shall not invalidate any other section, provisions, paragraph, sentence or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.