The following definitions shall apply in the interpretation and enforcement of this chapter. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning.
ABUTTERMeans the owner(s) of land abutting the activity.
ALTERMeans any activity that will measurably change the ability of a ground surface to absorb water or will change existing surface drainage patterns. Such changes may include change from distributed runoff to confined discrete point discharges; 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. "Alter" may be similarly represented as "alteration of drainage characteristics" and "conducting land disturbance activities."
AGRICULTUREMeans the normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
APPLICANTMeans any "person" as defined below, requesting a soil erosion and sediment control permit for proposed land-disturbance activity.
BEST MANAGEMENT PRACTICE (BMP)Means an activity, procedure, restraint, or structural improvement that helps to reduce the quantity and/or improve the quality of stormwater runoff.
CLEARINGMeans any activity that removes the vegetative surface cover. Clearing activities generally include grubbing activity as defined below.
CONVEYANCEMeans any natural or human-made structure or device, including pipes, drains, culverts, curb breaks, paved swales or vegetated swales of all types designed or utilized to move or direct stormwater runoff or existing water flow.
DEVELOPMENTMeans the modification of land to accommodate a new use, revised use, or expansion of use, usually involving construction.
DISTURBANCE OF LANDMeans any action, including clearing and grubbing, that causes a change in the position, location or arrangement of soil, sand, rock, gravel or similar earth material.
ENVIRONMENTAL SITE MONITORMeans a registered professional engineer or other trained professional approved by the Director of Engineering or their designee and paid by the holder of a drainage alteration or erosion control permit to periodically inspect the work and provide a written report to the Director of Engineering or their designee.
EROSION CONTROLMeans the prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff.
EROSION CONTROL PERMITMeans a permit issued by the City Engineer, after review of an application, plans, calculations, and other supporting documents approving a system that is designed to protect the environment of the City from the deleterious effects of uncontrolled and untreated stormwater runoff.
FLOODINGMeans 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.
GRADINGMeans changing the level or shape of the ground surface.
GRUBBINGMeans the act of clearing land surface by digging or grinding up roots and stumps.
ILLICIT CONNECTIONMeans any non-stormwater surface or subsurface drain or conveyance which allows an illicit discharge into the storm sewer 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 this chapter. Connections to the municipal storm sewer system which constitute illicit discharges as defined below which exist at the time of enactment of this regulation are considered illicit connections.
ILLICIT DISCHARGEMeans any direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in §
249-3F. The term does not include a discharge in compliance with an NPDES Stormwater discharge permit or resulting from firefighting activities exempted pursuant to §
249-3G of this regulation.
IMPERVIOUS SURFACE or IMPERVIOUS COVER or IMPERVIOUS AREAMeans any material or structure on or above 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 paved and compacted dirt surfaced roads.
INFILTRATIONMeans the act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCEMeans any activity that causes a change in the existing soil cover which includes the position or location of soil, sand, rock, gravel, or similar earth material. Land-disturbing activities include, but are not limited to clearing, grading, filling, and excavation. See also alter.
MASSACHUSETTS STORMWATER HANDBOOKMeans the stormwater handbook, and as amended from time to time, produced by MassDEP to be used as guidance for controlling stormwater. Implementation of the stormwater management standards shall be in accordance with the Stormwater Handbook.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDSMeans the requirements described in the Massachusetts Stormwater Handbook, as they may be amended from time to time, that address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by establishing standards that require the implementation of a wide variety of stormwater management strategies. These strategies include environmentally sensitive site design and low-impact development (LID) techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural stormwater best management practices, construction period erosion and sedimentation control, and the long-term operation and maintenance of stormwater management systems. The 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).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEMMeans the municipal storm drain system is 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 artificial or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Beverly.
NEW DEVELOPMENTMeans any construction or land disturbance on a parcel of land that is currently in a natural vegetated state and does not contain alteration by artificial activities.
OWNERMeans a person with a legal or equitable interest in property.
PERSONMeans any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof to the extent subject to local ordinances, codes, administrative agency, public or quasi-public corporation or body, the City of Beverly, and any other legal entity, its legal representatives, agents or assigns.
PRE-DEVELOPMENTMeans the conditions that exist at the time that plans for the land development of a tract of land are submitted to the City. 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.
POST-DEVELOPMENTMeans the conditions that reasonably may be expected or anticipated to exist after completion of the land development activity 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.
RECHARGEMeans the replenishment of underground water reserves.
REDEVELOPMENTMeans any construction, development, rehabilitation, expansion, demolition, land alteration, improvement of impervious surfaces, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites that does not meet the definition of "new development."
RESPONSIBLE PARTIESMean owner(s) and persons with financial, operational, and/or administrative responsibility.
RUNOFFMeans rainfall, snowmelt, or irrigation water flowing over the ground surface.
SITEMeans any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SEDIMENTMeans a mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATIONMeans a process of depositing material that has been suspended and transported in water.
SLOPEMeans the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
STOP WORK ORDERMeans an order issued by the Director of Engineering or their designee which requires that all construction activity on a site be stopped.
STORMWATERMeans stormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENTMeans the use of structural or nonstructural practices that are designed to reduce and control stormwater runoff pollutant loads, discharge volumes and/or peak flow discharge rates.