The following definitions shall apply to this article:
ABUTTERThe owner(s) of land sharing a border with the lot on which the activity is proposed to take place.
AGRICULTUREThe normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act, MGL c. 131, §
40, and its implementing regulations.
Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth or the Federal government to the extent permitted by law requesting a stormwater management permit for proposed land disturbance activity.
BEST MANAGEMENT PRACTICE (BMP)An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff as described in the Massachusetts Stormwater Handbook and any other applicable local regulations.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.) as hereafter amended.
Any activity that causes a change in the position or location of soil, sand, rock, gravel or similar earth material.
CONSTRUCTION SITEThe plot of land located within the Town on which the construction activity will occur.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LANDAny action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, ledge or similar earth material, and includes earth fill, earth moving, and earth removal.
EARTH FILLThe addition of earth materials to a lot or parcel, including but not limited to, sand, gravel, stone, soil, loam, sod, clay and mineral products.
EARTH MOVINGThe addition, removal or relocation of earth materials within the boundaries of a lot or parcel, including but not limited to sand, gravel, ledge, stone, soil, loam, sod, clay and mineral products and includes the processes of grading and grubbing.
EARTH REMOVALThe removal of earth materials from a lot or parcel, including but not limited to sand, gravel, ledge, stone, soil, loam, sold, clay and mineral products.
EROSIONThe 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.
EROSION AND SEDIMENTATION CONTROL PLANA document containing narrative, drawings and details developed by a qualified professional engineer (PE), which includes best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related activities.
GRUBBINGThe act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACEAny material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops.
LAND-DISTURBING ACTIVITYAny activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material, including without limitation: earth fill, earth moving, earth removal, clearing, grubbing, or grading.
LOTA single parcel of land held in identical ownership throughout and defined by metes, bounds, or boundary lines in a recorded deed or on a recorded plan.
MASSACHUSETTS STORMWATER HANDBOOKThe Handbook issued by the Massachusetts Department of Environmental Protection, as amended from time to time, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act, MGL c. 131, §
40 and Massachusetts Clean Waters Act, MGL c. 21, §§
23 through
56. The Handbook includes the Massachusetts Stormwater Management Standards, which implement performance criteria to reduce or prevent pollutants from reaching water bodies and control the quantity and quality of runoff from a site.
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 Wenham.
NEW DEVELOPMENTAny construction activities or land alteration resulting in total earth disturbances greater than one acre (or activities that are part of a larger common plan of development disturbing greater than one acre) on an area that has not previously been developed to include impervious cover.
OPERATION AND MAINTENANCE PLANA plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.
OUTFALLThe location where a sewer, drain, stream or other point source discharges into receiving waters.
OWNERA person with a legal or equitable interest in property.
PERSONAn individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
POINT SOURCEAny discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, ground boring that produces the discharge of water, or container from which stormwater and/or pollutants are or may be discharged.
POLLUTANTAny element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth of Massachusetts. Pollutants shall include without limitation:
A. Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Rock, sand, salt, soils unless applied for the purpose of public safety during winter conditions;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
RECHARGEThe process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
REDEVELOPMENTDevelopment, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RUNOFFRainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENTMineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SITEAny lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SOILAny earth, sand, rock, gravel, or similar material.
STORMWATERRainfall runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER DISCHARGESStormwater that runs off from the construction site into the MS4 or otherwise into waters of the U.S.
STORMWATER MANAGEMENT MEASURESInfrastructure improvements that are constructed or installed during construction activity to prevent pollutants from entering stormwater discharges or to reduce the quantity of stormwater discharges that will occur after construction activity has been completed. Examples include but are not limited to: on-site filtration, flow attenuation by vegetation or natural depressions, outfall velocity dissipation devices, retention structures and artificial wetlands, and water quality detention structures.
STORMWATER PERMITThe permit issued by the Authorized Enforcement Agency to the applicant after review of an application, plans, calculations, and other supporting documents, which allows construction activity to occur.
WETLANDSTidal and non-tidal areas characterized by saturated or nearly saturated soils most of the year that are located between terrestrial (land-based) and aquatic (water-based) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include marshes, swamps and bogs.