A.
These regulations shall be known as the Stormwater Management Regulations
of the Town of Salem, New Hampshire, herein after referred to as "these
regulations."
B.
These regulations are adopted under the authority granted by the
Town Council of the Town of Salem under RSA 41:14-b, RSA 676 and RSA
147, and as otherwise authorized by law, pursuant to the regulations
of the federal Clean Water Act found at 40 CFR 122.34, and the Phase
II ruling from the United States Environmental Protection Agency (EPA)
as published in the Federal Register (December 8, 1999).
A.
These regulations control the use of the municipal storm drain system
in the Town of Salem, New Hampshire, hereinafter referred to as the
"Town," to protect water resources and the environment, and to safeguard
the public health, safety, and welfare.
B.
These regulations, in conjunction with the Town's Site Plan
Review Regulations (Chapter 268) and Subdivision Regulations (Chapter
278), establish stormwater management standards for land disturbance
activities and fulfill the obligations of the Town under the Clean
Water Act (33 U.S.C. 1251 et seq.) and under the Town's National
Pollutant Discharge Elimination System (NPDES) Phase II General Permit
for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems (sometimes referred to herein as the "MS4 General Permit").
The Municipal Services Department (the Department) shall administer
and implement these regulations. Any powers granted to or duties imposed
upon the Department may be delegated by the Director of Municipal
Services to employees or agents of the Department.
A.
Article II, Use of the Municipal Storm Drain System, shall be applicable to all discharges of stormwater from or to the Town of Salem, regardless of whether these discharges are to the municipal storm drain system or directly to the environment. This includes all stormwater flow, whether discharged via point sources or nonpoint sources as defined herein.
B.
Article III, Construction and Post-Construction Stormwater Management, shall apply to any new development or redevelopment project which is subject to site plan review per Chapter 268 and all activities that result in the disturbance of one or more acres of land or will disturb less than one acre of land, but are part of a larger common plan of development or sale that will disturb equal to or greater than one acre of land within a ten-year period.
C.
Article III, Construction and Post-Construction Stormwater Management, § 417-304B shall apply to owners and operators of all existing and proposed private parking lots with 10 or more spaces, and all existing and proposed private streets located within the watershed of a water body impaired for chloride.
Allowable nonstormwater discharges or land disturbance activities
exempt from this chapter are those specifically defined as such in
the current and future reissuances of the MS4 General Permit.
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.
See RSA 672:3
Stormwater discharges as described in the MS4 General Permit,
Part 1.4
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.
The owner of record of the land, including any subsequent
owner of record, or the duly authorized agent of any such owner.
The Municipal Services Department, its employees or agents
designated by the Town Council (hereafter the TC) to enforce these
regulations.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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.
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.
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.
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.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
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.
The Municipal Services Department of the Town of Salem, New
Hampshire.
The Director of Municipal Services Department for the Town
of Salem, New Hampshire, or his/her designee.
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.
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.
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.
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.
The United States Environmental Protection Agency.
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.
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.
A temporary rise in a streamflow that results in the water
overtopping its banks into the adjacent floodway and floodplain.
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.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
The act of clearing land surface by digging up roots and
stumps.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A publicly owned conveyance or system of conveyances that
discharges to waters of the U.S. and is designed or used for collecting
or conveying storm water, is not a combined sewer, and is not part
of a publicly owned treatment works. Common names include storm sewer
system and drainage system.
The surface water quality program authorized by Congress
as part of the 1987 Clean Water Act. This is EPA's program to
control the discharge of pollutants to waters of the United States.
Any outlet into a watercourse, pond, ditch, lake or other
body or surface or groundwater.
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.
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.
Any source of water pollution that does not meet the legal
definition of "point source" in section 502(14) of the Clean Water
Act.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A receptacle designed to separate petroleum-based oil and
grease, from water. Also referred to as an oil-water separator.
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.
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.
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.
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.
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.
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.
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)].
A pollutant which causes or contributes to a violation of
water quality standards.
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.
All activity in preparation for construction.
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.
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.
See Downspout.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
A pipe or conduit that carries sewage and to which discharges
from storm, surface and groundwater are not permitted.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land
disturbance activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
(Sometimes termed "storm sewer") A conveyance which carries
storm and surface waters and drainage, but excludes wastewater and
industrial wastes.
Storm water runoff, snow melt runoff, and surface water runoff
and drainage.
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.
The public way that lawfully exists and is maintained for
vehicular traffic. The word "street" shall include the entire right-of-way.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
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.
All water appearing on the earth's surface exposed to
the atmosphere, such as rivers, lakes, streams, and oceans.
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.
The total amount of soil particulate matter which is suspended
in the water column.
The Town of Salem, New Hampshire.
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.
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.
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).
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
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.
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.
