The following definitions shall apply in the interpretation
and implementation of this bylaw. Additional definitions may be adopted
by separate regulation:
ALTER
Any activity that will measurably change the ability of a
ground surface area to absorb water, will change existing surface
drainage patterns, or will increase or decrease the rate or volume
of flow from a site.
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.
BETTER SITE DESIGN
Site design approaches and techniques, including low-impact
development (LID) that can reduce a site's impact on the watershed
through the use of nonstructural stormwater management practices.
Better site design includes conserving and protecting natural areas
and green space, reducing impervious cover, using natural features
for stormwater management, and providing site-wide infiltration.
DEVELOPMENT
Any construction that disturbs or alters a parcel of land.
DISTURBANCE OF LAND
Any action, including removal of vegetation, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel or similar earth material.
EXEMPT USE
Any use subject to the provisions of MGL c. 40A, § 3.
GENERAL STORMWATER MANAGEMENT PERMIT (GSMP)
A permit issued for an application that meets a set of predetermined standards outlined in the regulations adopted by the Planning Board under §
252-4 of this bylaw. By meeting these predetermined standards, the proposed project will be presumed to meet the requirements and intent of this bylaw.
IMPERVIOUS SURFACE
Any material or structure on, above or below the ground that
prevents water from infiltrating through the underlying soil. Impervious
surface is defined to include, without limitation: paved surfaces
(parking lots, sidewalks, driveways); rooftops; swimming pools; patios;
and gravel, pervious concrete, pervious pavement, pervious pavers,
and compacted dirt surfaces.
[Amended 5-2-2022 ATM
by Art. 31]
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
LOW-IMPACT DEVELOPMENT (LID)
An ecosystem-based approach to land development and stormwater
management that ensures that each development site is designed to
protect, or restore, the natural hydrology of the site.
MASSACHUSETTS SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
GENERAL PERMIT
The latest version, as may be amended from time to time,
of the United States Environmental Protection Agency (EPA) National
Pollutant Discharge Elimination System (NPDES) general permits for
stormwater discharges from small municipal separate storm sewer systems
(MS4) in Massachusetts (as modified), authorization to discharge under
the NPDES in compliance with the provisions of the Clean Water Act
(CWA), as amended (33 U.S.C. §1251 et seq.), and the Massachusetts
Clean Waters Act, as amended (MGL c. 21, §§ 26 to 53).
[Added 5-2-2022 ATM by
Art. 31]
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The latest version as may be amended from time to time of
the Stormwater Management Standards and accompanying Stormwater Handbook
issued by the Department of Environmental Protection pursuant to authority
under the Wetlands Protection Act, MGL c. 131, § 40, and
the Massachusetts Clean Waters Act, MGL c. 21, §§ 26
to 53. The Stormwater Management Standards are 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).
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 Sudbury.
NONPOINT SOURCE POLLUTION
Pollution from many diffuse sources caused by rainfall, snowmelt,
or other method of pollutant transport 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.
POST-DEVELOPMENT
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity in accordance
with approved plans 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.
PREDEVELOPMENT
The conditions that exist prior to the proposed disturbance
activity. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish predevelopment
conditions.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site.
RUNOFF
Rainfall or snowmelt water flowing over the ground surface
or other source which may result in transport of pollutants.
SITE
The entire parcel of land being developed.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to control or treat stormwater runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates. Stormwater management includes
the use of low-impact development (LID) management practices.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Planning Board, after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
deleterious effects of uncontrolled and untreated stormwater runoff.
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, and as authorized by the residents of the Town of
Sudbury at the 2009 Annual Town Meeting.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated under §
252-4 of this bylaw.
Criteria for stormwater management standards shall be defined and included as part of any rules and regulations promulgated under §
252-4 of this bylaw.
The Planning Board, or an authorized agent of the Planning Board, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any rules and regulations promulgated under §
252-4 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.