The provisions of these regulations are hereby declared to be
severable. If any provision, paragraph, sentence, or clause, of this
chapter or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect
the other provisions or application of these regulations.
Definitions noted herein shall not extend to other chapters
of the Salem Town Code, particularly, if a conflict in defined terms
arises.
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Examples of such changes include, but are not limited to, change from
distributed runoff to confined, discrete discharge; change in the
volume of runoff from the area; change in the peak rate of runoff
from the area; and change in the recharge to groundwater on the area.
APPLICANT
The owner of record of the land, including any subsequent
owner of record, or the duly authorized agent of any such owner.
AUTHORIZED ENFORCEMENT AGENCY
The Municipal Services Department, its employees or agents
designated by the Town Council (hereafter the TC) to enforce these
regulations.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
BIORETENTION
A water quality practice that uses vegetation and soils to
treat stormwater runoff by collecting it in shallow depressions, before
filtering through an engineered soil media.
BUILDING DRAIN
The lowest horizontal piping of a plumbing system, which
receives the discharge from the soil pipe, the waste pipe, and other
pipes, inside the walls of the building, and conveys it to the building
sewer, beginning five feet (1.5 meters) outside the inner face of
the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
connection at the public sanitary sewer as defined herein, or other
permissible place of disposal.
BUILDING STORM DRAIN
The lowest horizontal piping of a storm drain system, which
receives the discharge from roof drains, foundation drains, sump pumps,
and other surface and ground water collection pipes; but not from
sewage, soil and other waste pipes; inside the walls of the building
and conveys it to the building storm drain, beginning five feet (1.5
meters) outside the inner face of the building wall.
BUILDING STORM SEWER
The extension from the building storm drain to the connection
to the municipal storm drain system as defined herein, or other permissible
place of disposal.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter, grass
clippings, leaves, debris and sanitary waste at a location that may
adversely impact water quality.
DEPARTMENT
The Municipal Services Department of the Town of Salem, New
Hampshire.
DIRECTOR
The Director of Municipal Services Department for the Town
of Salem, New Hampshire, or his/her designee.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or New Hampshire from any source.
DOWNSPOUT
A pipe which conveys water from the roof of a building into
a building storm drain or into or onto the ground. Also called a roof
drain or roof leader.
DRY WELL
A pit or underground cavity having porous walls installed
with bottom above the estimated seasonal high water table (ESHWT)
to drain surface water and storm drainage into underground strata.
EASEMENT
Authorization by a property owner for use of all or any designated
part of the property by another for a specified purpose. An easement
may be declared, either by depiction on the final plan or by separate
documents, and be recorded in the Registry of Deeds, and unless specifically
limited in time shall be considered permanent and shall run with the
affected land.
EPA
The United States Environmental Protection Agency.
EROSION
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
FILTRATION
The process of physically or chemically removing pollutants
from runoff. Stormwater treatment practices that capture and store
stormwater runoff and pass it through a filtering media such as sand,
organic material, or the native soil for pollutant removal. Stormwater
filters are primarily water quality control devices designed to remove
particulate pollutants and, to a lesser degree, bacteria and nutrients.
FLOOD
A temporary rise in a streamflow that results in the water
overtopping its banks into the adjacent floodway and floodplain.
FLOOR DRAIN
An intended drainage point in an otherwise impervious floor
which serves as the point of entry into any subsurface drainage, treatment,
disposal, containment, or other plumbing system.
GRADING
Changing the level or shape of the ground surface.
GROUNDWATER RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of these regulations.
ILLICIT DISCHARGE
Any discharge to a municipal storm drain system that is not
composed entirely of stormwater including, but not limited to: illegal
sanitary sewer or floor drain connections, illegal dumping, improper
disposal of waste, sanitary wastes infiltrating from failing sewer
service pipes or septic systems.
IMPAIRED WATERS
Those water bodies not meeting water quality standards. Pursuant
to Section 303(d) of the Clean Water Act, each state prepares a list
of impaired waters [known as the 303(d) list] which is presented in
the state's Integrated Water Report as Category 5 waters. Those
impaired waters for which a TMDL has been approved by US EPA and is
not otherwise impaired, are listed in Category 4A.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, compacted gravel areas,
sidewalks, and rooftops.
INFILTRATION
The process of runoff percolating into the ground (subsurface
materials). Stormwater treatment practices designed to capture stormwater
runoff and infiltrate it into the ground over a period of days.
INTERCONNECTION
The point where the Town's MS4 discharges to another
MS4 or other storm drain system, through which the discharge is conveyed
to waters of the United States or to another storm drain system and
eventually to a water of the United States.
LAND DISTURBANCE ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material and any activity
that removes or alters the natural vegetative soil cover of land therefore
making it susceptible to erosion.
LOT
A parcel of land capable of being occupied by one principal
use that is adequately sized to meet the minimum requirements for
use, building coverage, and area.
LOW IMPACT DEVELOPMENT (LID)
A site planning and design strategy that emphasizes conservation
and use of natural features integrated with engineered, small-scale
hydrologic controls to mimic predevelopment hydraulic conditions.
LID is applied at the parcel and subdivision scale and uses design
techniques that infiltrate, filter, store, evaporate, and detain runoff
close to its source.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body or surface or groundwater.
NATURAL RESOURCE
Natural wealth of the Town, consisting of land, air, soils,
vegetation, mineral deposits, water, wildlife, and wildlife habitat.
Natural resources consist of two main types: renewable and nonrenewable.
Renewable resources include wildlife and natural vegetation. Nonrenewable
resources are those that cannot be replaced, or that can only be replaced
over extremely long periods of time.
NEW DEVELOPMENT
Any construction activities or land alteration resulting
in a total land disturbance area greater than one acre (or smaller
activities that are part of a larger common plan of development disturbing
greater than one acre) on a site that has not previously been developed
to include impervious cover.
NONPOINT SOURCE
Any source of water pollution that does not meet the legal
definition of "point source" in section 502(14) of the Clean Water
Act.
OIL TRAP
A receptacle designed to separate petroleum-based oil and
grease, from water. Also referred to as an oil-water separator.
OPERATION AND MAINTENANCE (O&M) PLAN
A plan setting up 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.
OUTFALL
The discernible, confined, and discrete point at which stormwater
is discharged from a municipal or private storm drain system to waters
of the U.S.
OWNER
A person who alone, or jointly with others, has the legal
title to any premises or has care, charge or control of any premises
as agent, executor, administrator, trustee, lessee or guardian of
the estate of the holder of legal title.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the State of New Hampshire 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
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, sewage sludge, garbage, munitions, chemical wastes, biological
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, and industrial, municipal and agricultural waste discharged
into water.
POLLUTANT LOAD
The amount of a pollutant that is introduced into a water
body measured in units of concentration or mass per time [i.e., concentration
(mg/l) or mass (lbs/day)].
POLLUTANT OF CONCERN
A pollutant which causes or contributes to a violation of
water quality standards.
POLLUTION
The presence of any foreign substance (organic, inorganic,
or biological) in water which tends to degrade its quality so as to
constitute a hazard or impair the usefulness or quality of the water
to a degree which may not create an actual hazard to the public health,
but which does adversely and unreasonably affect such waters for domestic
use.
RECEIVING WATERS
Any watercourse, river, pond, wetland, ditch, lake, aquifer,
ocean or other body of surface water or groundwater that receives
a discharge of wastewater, stormwater or effluent.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious
surfaces resulting in a total land disturbance area greater than one
acre (or smaller activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of new development.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SANITARY SEWER
A pipe or conduit that carries sewage and to which discharges
from storm, surface and groundwater are not permitted.
SITE
Any lot or parcel of land or area of property where land
disturbance activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
STORM DRAIN
(Sometimes termed "storm sewer") A conveyance which carries
storm and surface waters and drainage, but excludes wastewater and
industrial wastes.
STORMWATER
Storm water runoff, snow melt runoff, and surface water runoff
and drainage.
STORMWATER MANAGEMENT
Regulatory, structural, administrative, managerial, maintenance,
physical and chemical measures or devices that are designed to remove
pollutants from and control the quantity of stormwater discharges.
Nonstructural measures and low-cost structural devices are often referred
to as best management practices or BMPs.
STREET
The public way that lawfully exists and is maintained for
vehicular traffic. The word "street" shall include the entire right-of-way.
STRIP
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
SUBDIVISION
The division of the lot, tract, or parcel of land into two
or more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of sale, rent, lease, condominium conveyance
or building development. It includes resubdivision and, when appropriate
to the context, relates to the process of subdivision or to the land
or territory subdivided. The division of a parcel of land held in
common and subsequently divided into parts among the several owners
shall be deemed a subdivision under this title.
SURFACE WATER
All water appearing on the earth's surface exposed to
the atmosphere, such as rivers, lakes, streams, and oceans.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant
that a waterbody can receive while still meeting water quality standards,
and allocation of that amount to the pollutant's sources.
TOWN
The Town of Salem, New Hampshire.
TOXIC OR HAZARDOUS MATERIAL or WASTE
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
WATER QUALITY LIMITED WATER
Any water body that does not meet applicable water quality
standards, including but not limited to waters listed in categories
5 or 4b on the most recent EPA-approved New Hampshire Integrated Report
of waters listed pursuant to the Clean Water Act sections 303(d) and
305(b).
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
WATERSHED
An area of land that drains down slope until reaching a common
point, in many cases a river, stream, lake, pond, wetland or other
water body. Also called a drainage area or drainage basin.
WETLANDS
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal conditions does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Common names
include marshes, swamps and bogs.