Land uses in Town affect our streams, lakes and drinking water
supplies. Land development and other land use conversions, and their
associated changes to land cover, have the potential to permanently
alter the function of local watersheds, resulting in increased stormwater
runoff rates and volumes, which in turn increase flooding, stream
channel erosion, sediment transport and discharge, and nonpoint source
pollution, and decrease groundwater recharge. Adverse impacts can
be controlled and minimized through the application of stormwater
best management practices (BMPs) and low-impact development principles.
Low-impact development (LID) seeks a balance between human activities
and protecting habitat and important natural resources. It is about
maintaining the environmental quality of life that gives the communities
we live in a sense of place. The goal of LID is to integrate human
development into the landscape in a way that is mindful of natural
ecosystems and does not disrupt the complex hydrologic cycle that
maintains them. LID can be applied through development density, reduced
impervious surface coverage, lot size, open space/tree retention,
street design, street width, parking design, sidewalks, and stormwater
management practices. Because LID involves a comprehensive approach,
it must be integrated into municipal policies, regulations, and development
standards in order for it to be effective.
Careful planning of development, redevelopment, and land conversion
projects will protect the quality and health of the water resources
of Belchertown. Therefore, the Town of Belchertown enacts this Stormwater
Management Bylaw to prevent potential harmful impacts from land development
activities.
In addition, localities in the Commonwealth of Massachusetts
are required to comply with a number of both state and federal laws,
bylaws, and permits which require a locality to address the impacts
of construction site runoff and post-development stormwater runoff.
Therefore, the Town of Belchertown has established this bylaw
to provide reasonable guidance for the administration of site planning
and stormwater management for the purpose of protecting local water
resources from degradation. This bylaw applies to construction and
post-construction stormwater runoff from new development and redevelopment
projects. It designates the stormwater authority, applicable projects
and how regulations are created and enforced.
ALTER
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alter may be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
APPLICANT
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
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.
CONVEYANCE
Any structure or device, including pipes, drains, culverts,
curb breaks, paved swales or man-made swales of all types designed
or utilized to move or direct stormwater runoff or existing water
flow.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction. See also "new development";
"redevelopment."
EROSION
Wearing away of land by running water, waves, wind, ice abrasion
and transportation.
FLOODING
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.
FOREST CUTTING PLAN
A plan for the cutting of trees on forest land, which is
prepared and submitted in accordance with MGL c. 132, §§ 40
through 46A. The forest cutting plan requires approval by a Service
Forester of the Massachusetts Department of Conservation and Recreation,
as provided under the Forest Cutting Practices Act by Massachusetts
Department of Environmental Protection.
GRADING
Changing the level or shape of the ground surface.
GROUNDWATER
All subsurface water contained in natural geologic formations
or artificial fill, including soil water in the zone of aeration.
GRUBBING
Removal of stumps and large or matted roots from the ground
after the removal of trees, prior to construction.
HOTSPOT
Land uses or activities with higher potential pollutant loadings,
such as auto salvage yards, auto fueling and repair facilities, fleet
storage yards, commercial parking lots with high-intensity use, road
salt storage areas, commercial nurseries and landscaping, outdoor
storage and loading areas of hazardous substances, or marinas.
IMPERVIOUS SURFACE
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 parking lots, rooftops,
driveways, patios, and paved roads.
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
LAND DISTURBANCE ACTIVITIES
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
NEW DEVELOPMENT
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
NONPOINT SOURCE POLLUTION
Pollution from many diffuse sources, rather than a single
point of origin, caused by stormwater 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.
OWNER
A person with a legal or equitable interest in a property.
PERSON
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Belchertown, and any other legal entity, its legal representatives,
agents, or assigns.
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.
POST-DEVELOPMENT
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.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration, or improvement that disturbs
the ground surface or increases the impervious area on previously
developed sites.
SEDIMENTATION
A process of depositing material that has been suspended
and transported in water.
SITE
The parcel of land being developed, or a designated planning
area in which the land development project is located.
STORMWATER (RUNOFF)
Rainwater runoff, snow melt runoff, and surface runoff and
drainage. Stormwater/runoff commonly collects in the MS4 system for
treatment and discharge.
STORMWATER AUTHORITY
The Town of Belchertown Conservation Commission. The Stormwater Authority is responsible for coordinating the review, approval and permit process as defined in this bylaw. Other boards and/or departments participate in the review process as defined in §
112-5 of this bylaw.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT PERMIT
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
adverse effects of uncontrolled and untreated stormwater runoff.
STORMWATER MANAGEMENT PLAN
A plan to be submitted with the application for a stormwater
management permit, which shall include current and proposed site conditions,
proposed improvements, proposed stormwater control measures, development
schedules, and such other matters as may be required by the Stormwater
Authority.
This bylaw, as amended, is adopted under the authority granted
by the Home Rule Amendment of the Massachusetts Constitution, and
pursuant to the regulations of the federal Clean Water Act, and as
authorized by the residents of Belchertown at Town Meeting, dated
May 14, 2007.
The Conservation Commission is hereby designated as the Stormwater
Authority. The Stormwater Authority shall administer, implement and
enforce this bylaw. The Stormwater Authority may designate Town boards,
including (but not limited to) the Planning Board, Department of Public
Works, and the Board of Health, as its authorized agent for the purpose
of reviewing and making recommendations on stormwater permit applications
within the designated board's expertise (the "reviewing board").
The reviewing board(s) shall notify the Stormwater Authority of its
recommendations on stormwater management permit applications. Both
the Stormwater Authority and the reviewing board(s) shall have authority
to enforce this bylaw.
Permit procedures and requirements shall be defined and included
in the Stormwater Management Regulations adopted under this bylaw.
Failure to promulgate such procedures or a legal declaration of its
invalidity by a court shall not act to suspend or invalidate this
bylaw.
The Stormwater Authority or an authorized agent of the Stormwater
Authority shall have the authority to enforce this bylaw, regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies, including injunctive relief and monetary
damages and costs of litigation and attorney fees, for such violations
and for mitigation and compliance actions taken by the Stormwater
Authority. Enforcement shall be further defined and included as part
of the Stormwater Management Regulations adopted under this bylaw.
The invalidity of any section, provision, paragraph, sentence
or clause of this bylaw shall not invalidate any other section, provisions,
paragraph, sentence or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.