As used in this chapter, the following terms shall have the meanings indicated:
ABUTTERThe owner(s) of land sharing a common property line with the owner of land that is the subject of an application and the owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of land that is the subject of the application as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town.
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 (310 CMR
10.00) and any agricultural activity which is consistent with an approved soil conservation plan prepared or approved by the United States Department of Agriculture (USDA) Natural Resources Conservation Service.
ALTERATIONAny activity that will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alteration may be similarly represented as "alteration of drainage characteristics," and "conducting land disturbance activities." Such changes include: 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.
APPLICANTAny "person" as defined below requesting a stormwater management permit for proposed land-disturbance activity.
AUTHORIZED ENFORCEMENT AGENCYThe Earth Removal-Stormwater Advisory Committee, the Earth Removal-Stormwater Inspector or other authorized agent of the Earth Removal-Stormwater Advisory Committee (the Committee).
[Amended 4-30-2007 ATM, Art. 24]
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.
CLEARINGAny activity that removes the vegetative surface cover. Clearing activities generally include grubbing activity as defined below.
CONSERVATION DISTRICTThe Middlesex Conservation District or its successor or other agency designated by the Committee.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LANDAny action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
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), a professional land surveyor (PLS), a registered landscape architect (RLA), or a certified professional in erosion and sedimentation control (CPESC), which includes best management practices or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction-related land disturbance activities.
GRADINGChanging the level or shape of the ground surface.
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, but is not limited to, roads, paved parking lots, sidewalks, and rooftops.
LOT or PARCELA single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown on a recorded plan or described in a recorded deed.
LOW-IMPACT DEVELOPMENTLow-impact development (LID) is a more sustainable land development pattern that results from a site planning process that first identifies critical natural resources, then determines appropriate building envelopes. LID also incorporates a range of best management practices (BMPs) that preserve the natural hydrology of the land.
MASSACHUSETTS STORMWATER MANAGEMENT POLICYThe policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act, MGL C. 131, §
40, and the Massachusetts Clean Waters Act, MGL C. 21, §§
23-56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)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 manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Groton.
NONPOINT SOURCE POLLUTIONPollution from diffuse sources, as opposed to discrete conveyances, caused by water, including rainfall or snowmelt, moving over or through the ground.
OPERATION AND MAINTENANCE PLANA plan describing 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.
OUTFALLThe point at which stormwater flows out from a discernible, confined point source or discrete conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORW)Waters designated by the Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Surface Water Quality Standards (314 CMR
4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
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, or container from which 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. Pollutants shall include without limitation:
A. Paints, varnishes, and solvents;
B. Oil and other automotive fluids;
C. Nonnhazardous liquid and solid wastes and yard wastes;
D. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinance, accumulations and floatables;
E. Pesticides, herbicides, and fertilizers;
F. Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. Dissolved and particulate metals;
J. Construction wastes and residues; and
K. Noxious or offensive matter of any kind.
PRE-DEVELOPMENTThe conditions that exist at the time that plans for the land development of a site or parcel of land are submitted to the Committee. 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.
PRIVATE STORMWATER SYSTEMSThe 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 manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by private persons, including homeowner associations.
POST-DEVELOPMENTThe conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or parcel 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.
REDEVELOPMENTDevelopment, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RESPONSIBLE PARTIESOwner(s), persons with financial responsibility, and persons with operational responsibility.
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.
SLOPEThe slope of land at any point, stated as a percentage, shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100.
Slope = Change in elevation/horizontal distance measured perpendicular to contours) x 100 |
SOILEarth materials, including decomposed organic material, humid materials, sand, rock and gravel.
STABILIZATIONThe use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
STORMWATERStormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT (SMP)A permit issued by the Committee, after review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the Town of Groton from the deleterious effects of uncontrolled and untreated stormwater runoff.
STORMWATER MANAGEMENT PLANA document containing narrative, drawings and details prepared by a qualified professional engineer (PE), a professional land surveyor (PLS), or a certified professional in erosion and sedimentation control (CPESC),which includes structural and nonstructural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the maintenance requirements for structural best management practices.
STRIPAny activity, which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
WETLAND RESOURCE AREAAreas specified in the Massachusetts Wetlands Protection Act, MGL C. 131, §
40, and in Chapter
215, Wetlands, of the Code of the Town of Groton.