The following definitions describe the meaning of the terms used in this bylaw:
ADVERSE IMPACTMeans any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses, which is or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
AGRICULTURAL ACTIVITYA. 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
B. As further defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
ALTERIs any activity that 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."
BEST MANAGEMENT PRACTICES (BMPS)Are structural or biological devices that temporarily store or treat stormwater runoff to reduce flooding, remove pollutants, and provide other amenities. They can also be nonstructural practices that reduce pollutants at their source. BMPs are described in the Massachusetts Stormwater Handbook defined below.
[Amended 5-9-2023 ATM by Art. 31]
CONSTRUCTION ACTIVITYIs disturbance of the ground by removal of vegetative surface cover or topsoil, grading, excavation, clearing and/or filling.
DESIGN STORMIs a rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate to a BMP.
DETENTIONIs the temporary storage of storm runoff in a BMP, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.
DISTURBANCEIs any land clearing, grading, bulldozing, digging or similar activities.
EROSIONIs 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 PLANIs a document containing narrative, drawings and details, developed by a qualified professional engineer (PE) or a certified professional in erosion and sedimentation control (CPESC), that includes best management practices or equivalent measures designed to control surface runoff, erosion, and sedimentation during construction and construction-related land disturbance activities.
FLOODINGIs 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 PLANIs a plan for the cutting of trees on forest land that is prepared and submitted in accordance with MGL c. 132, §§
40 to
46. The forest cutting plan requires approval by a Service Forester of the Massachusetts Department of Conservation and Recreation, as provided under 302 CMR
16.00 et seq.
[Amended 5-9-2023 ATM by Art. 31]
GRADINGMeans changing the level or shape of the ground surface.
GROUNDWATERIs 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 SURFACEIs any material or structure on or above the ground that prevents water from infiltrating through the underlying soil. "Impervious surface" is defined to include, but not limited to: paved parking lots, rooftops, driveways, patios, and paved roads.
INFILTRATIONIs the downward movement of water from the surface to the subsoil.
LOW-IMPACT DEVELOPMENTIs a development approach 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.
MASSACHUSETTS STORMWATER HANDBOOK AND STORMWATER STANDARDSIs the guidance issued by MassDEP, 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 to
53. The handbook addresses stormwater impacts through implementation of performance standards to promote increased stormwater recharge, the treatment of runoff from polluting land uses, low-impact development (LID) techniques, pollution prevention, the removal of illicit discharges to stormwater management systems, and improved operation and maintenance of stormwater best management practices (BMPs). MassDEP applies the stormwater management standards pursuant to its authority under the Wetlands Protection Act, MGL c. 131, §
40, and the Massachusetts Clean Waters Act, MGL c. 21, §§
26 to
53. The revised stormwater management standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR
10.05(6)(k), and the Water Quality Certification Regulations, 314 CMR
9.06(6)(a).
NEW DEVELOPMENTIs any construction activities or land alteration resulting in total earth disturbances greater than 40,000 square feet (or activities that are part of a larger common plan of development disturbing greater than 40,000 square feet) on an area that has not previously been developed to include impervious cover.
NONPOINT SOURCE POLLUTIONIs 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 PLANIs a plan that defines 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.
OWNERIs the person with a legal or equitable interest in a property.
PEAK DISCHARGEIs the maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.
PERSONIs any individual, group of individuals, or entity, including an association, partnership, corporation, company, business, organization, trust, estate, administrative agency, public or quasi-public corporation or body, the commonwealth or political subdivision thereof.
POINT SOURCEIs 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.
POLLUTANTIs 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:
A. Paints, varnishes and solvents;
B. Oil and other automotive fluids;
C. Nonhazardous liquid and solid wastes and yard wastes;
D. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, accumulations and floatables;
E. Pesticides, herbicides and fertilizers;
F. Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. Dissolved and particulate metals;
H. Animal wastes and residues;
I. Rock, sand, salt and soils;
J. Construction wastes and residues; and
K. Noxious or offensive matter of any kind.
RECHARGEIs the replenishment of underground water reserves.
REDEVELOPMENTIs any construction, land alteration, or improvement of impervious surfaces resulting in total earth disturbances greater than 40,000 square feet or activities that are part of a larger common plan of development disturbing greater than 40,000 square feet that does not meet the definition of "new development" (see above).
RELATED ENTITIESAre any corporation in which the owner is an officer, director or shareholder; a limited partnership in which the owner is a limited partner or general partner; a general partnership in which the owner is a partner; a limited liability company in which the owner is a shareholder or director; a trust in which the owner is a trustee or beneficiary; or any other entity in which the owner has a beneficial interest.
RETENTIONIs the holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
RUNOFFIs rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENTIs any mineral or organic soil material that is transported by wind or water from its origin to another location, the product of erosion processes.
SEDIMENTATIONIs a process of depositing material that has been suspended and transported in water.
SITEIs the area extent of construction activities, including but not limited to the creation of new impervious cover and improvement of existing impervious cover.
STOP-WORK ORDERIs an order issued that requires that all construction activity on a site be stopped.
STORMWATER AUTHORITYAdministers, implements, and enforces the Southampton Stormwater Management and Erosion and Sediment Control Bylaw and associated regulations. See §
227-1B above for more information on the Authority and §
227-5 below for more information on administration.
STORMWATER MANAGEMENTIs 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 PERMITIs the permit issued by the Southampton Planning Board, after review of an application, including plans (stormwater management and erosion and sediment control), calculations, and other supporting documents, that is designed to protect the Town from the adverse effects of uncontrolled and untreated stormwater runoff.
STORMWATER MANAGEMENT PLANIs 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 Southampton Planning Board.