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.
COMMON PLAN OF DEVELOPMENT OR SALE
One plan for development or sale, separate parts of which
are related by any announcement, piece of documentation (including
a sign, public notice or hearing, sales pitch, advertisement, drawing,
plat, blueprint, contract, permit application, zoning request, computer
design, etc.), physical demarcation (including contracts) that identify
the scope of the project. A plan may still be a common plan of development
or sale even if it is taking place in separate stages or phases, is
planned in combination with other construction activities, or is implemented
by different owners or operators.
DEVELOPMENT
Any construction that disturbs or alters a parcel of land.
DISTURBANCE OF LAND
Any action causing removal of vegetation or a change in the
position, location, or arrangement of soil, sand, rock, gravel or
similar earth material.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the Salisbury storm drain system regardless
of whether said connection was previously allowed, permitted or applied
for before the effective date of this bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the Salisbury storm drain system that is not composed entirely of stormwater, including and without limitation, sewage, processed stormwater; or wash water, except as exempted in §
78-5 of this bylaw or in implementing regulations.
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 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
through 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 Salisbury.
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.
NORMAL MAINTENANCE
Activities that are regularly scheduled to maintain the health
and condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
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.
PRE-DEVELOPMENT
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 pre-development
conditions.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site. Redevelopment includes maintenance
and improvement of existing roadways including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems and repaving; and remedial projects
specifically designed to provide improved stormwater management such
as stormwater retrofit projects.
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.
STOCKPILING
The storage of material for future use, excluding the storage
of materials 10 cubic yards or less secured and utilizing erosion
controls to prevent erosion of material.
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 Conservation Commission in its capacity
as the PGA, after review of an application, plans, calculations, and
other supporting documents, which are 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 and 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 Salisbury at Town Meeting dated May 15, 2023.
Exemptions from this bylaw apply to the following activities,
provided that a project is solely comprised of any one of these activities:
A. As authorized in the NPDES general permit for stormwater discharges
for small MS4s for Massachusetts, an activity that is wholly subject
to jurisdiction under the Wetlands Protection Act and demonstrates compliance with Massachusetts stormwater
standards as reflected in an issued order of conditions, provided
that the activity also demonstrates compliance with any additional
performance standards contained in the regulations promulgated to
implement this bylaw.
B. Construction of any single-family or duplex dwelling on a parcel
under one acre.
C. Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act Regulations at 310 CMR 10.04
("Agricultural").
D. Normal maintenance of Town-owned public land, ways and appurtenances.
E. Repair, replacement, or reconstruction of an existing driveway, provided
that erosion control measures are utilized to prevent runoff and sediment
from entering a traveled way or adjacent properties.
F. Any work or projects for which all necessary approvals and permits
were issued before the effective date of this bylaw.
G. Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling, provided erosion control
measures are utilized to prevent runoff and sediment from entering
a traveled way or adjacent properties.
H. Construction of any fence that will not alter existing terrain or
drainage patterns.
I. Repair or replacement of septic systems or wells when approved by
the Board of Health for the protection of public health on lots having
an existing dwelling, provided that the Board of Health determines:
(1) There is minimal grading as defined in Title 5 of the State Environmental
Code, 310 CMR 15.000;
(2) There is no change or expansion of use as defined by Title 5; and
(3) The work includes the use of BMPs to prevent erosion, sedimentation,
and release of pollutants.
J. Construction of utilities (gas, water, wastewater systems, electric,
telephone, cable television, etc.) other than drainage which will
not alter terrain, ground cover, or drainage patterns, so long as
BMPs are used to prevent erosion, sedimentation and release of pollutants.
K. Emergency repairs to any existing utilities (gas, water, wastewater
systems, electric, telephone, cable television, etc.) and emergency
repairs to any stormwater management facility or practice that poses
a threat to public health or safety, designated by the PGA. Where
such activity is subject to the jurisdiction of the Conservation Commission,
the work shall not proceed without the issuance of an emergency certification
by the Commission. This would require verbal authorization from the
authority having jurisdiction.
L. The maintenance, reconstruction or resurfacing of any public way,
and the installation of drainage structures or utilities within or
associated with public ways that have been approved by the appropriate
authorities, provided that written notice be filed with the PGA 14
days' prior to commencement of activity.
M. The removal of earth products undertaken in connection with an agricultural
use if the removal is necessary for or directly related to planting,
cultivating or harvesting or the raising or care of animals.
Criteria for stormwater management standards shall be defined and included as part of any rules and regulations promulgated under §
78-7C 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.