The following definitions shall apply in the
interpretation and implementation of this bylaw:
ABUTTER
The owner(s) of land abutting the activity.
APPLICANT
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 soil erosion and sediment control permit for proposed
land-disturbance activity.
AUTHORITY
The Dalton Stormwater Management Commission or its authorized
agent(s) who are responsible for coordinating the review, approval
and permit process as defined in this regulation. Other boards and/or
departments of the Town of Dalton, including (but not limited to)
the Conservation Commission, Board of Health, and Highway Department,
may participate in the review process as defined herein.
BEST MANAGEMENT PRACTICES
Structural, nonstructural, and managerial techniques that
are recognized to be the most effective and practical means to prevent
and reduce nonpoint sources of pollution.
CLEARING
Removal or causing to be removed, through either direct or
indirect actions, trees, shrubs, or topsoil from a site, or any material
change in the use or appearance of the land. Actions considered to
be "clearing" include but are not limited to causing irreversible
damage to roots or trunks; destroying the structural integrity of
vegetation; or any filling, excavation, grading, or trenching in the
root area of a tree which causes irreversible damage.
DETERMINATION
A written finding by the Stormwater Management Commission
as to whether a site or the work proposed thereon is subject to the
jurisdiction of the Stormwater Management and Erosion Control Bylaw
of the Town of Dalton.
DETERMINATION OF SIGNIFICANCE
A written finding by the Stormwater Management Commission
that the area on which the proposed work is to be done, or which the
proposed work will alter, is significant to one or more of the interests
identified in the Stormwater Management and Erosion Control Bylaw
of the Town of Dalton.
DEVELOPMENT
The modification of land to accommodate a new use, revised
use, or expansion of use, usually involving construction.
DISTURBANCE OF LAND
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
EROSION
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.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) 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 preconstruction and
construction-related land disturbing activities.
GRADING
Changing the level or shape of the ground surface.
IMPERVIOUS SURFACE
Land covering, such as concrete or asphalt, that does not
allow water to pass through it into the ground.
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material and meets or
exceeds 43,560 square feet, or 200 square feet of land disturbance
on existing or proposed slopes greater than or equal to 15%.
LAND DISTURBANCE PERMIT
A permit issued by the Stormwater Management Commission,
after review of an application, plans, calculations, and other supporting
documents, which is designed to protect the environment of the Town
from the deleterious effects of increased volumes of stormwater, contaminated
stormwater runoff from impervious surfaces, and soil erosion and sedimentation.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection
and, 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 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.
NOTIFICATION OF NONSIGNIFICANCE
A written finding by the Stormwater Management Commission
that the area on which the proposed work is to be done, or which the
proposed work will alter, is not significant to any of the interests
of the Stormwater Management and Erosion Control Bylaw of the Town
of Dalton.
ONE-HUNDRED-YEAR FLOODPLAIN
An area delineated under the Federal Emergency Management
Act (FEMA) indicating the extent of flooding as a result of a one-hundred-year
flood.
OPERATION AND MAINTENANCE PLAN
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.
OWNER
A person with a legal or equitable interest in property.
PERMEABILITY
The property or condition of being permeable; especially
having pores or openings that permit liquids or gases to pass through.
PERSON
An 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.
REDEVELOPMENT
Any development, construction, alteration, rehabilitation,
improvement expansion, demolition or phased projects that meets or
exceeds 200 square feet of land disturbance on existing or proposed
slopes equal to or greater than 15% and where the existing land has
been subject to previous development or that meets or exceeds 43,560
square feet and where the existing land has been subject to previous
development.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
SITE
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance, e.g., 20%.
SOIL
Any earth, sand, rock, gravel, clay or similar material.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
STORMWATER MANAGEMENT PLAN
A plan showing existing and proposed features on a site.
This is required as part of the application for a land disturbance
permit.
WETLANDS
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); common names include
marshes, swamps and bogs.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to the regulations of the Federal
Clean Water Act found at 40 CFR 122.34
This bylaw shall apply to all land-disturbing activities within the jurisdiction of the Town of Dalton. Except as permitted by the Stormwater Management Commission in a land disturbance permit or as otherwise provided in this bylaw, no person shall perform any activity that results in land disturbance as detailed in §
280-4A.
A. Regulated activities. Regulated activities shall include,
but not be limited to:
(1) Land disturbance equal to or greater than 43,560 square
feet, associated with construction or reconstruction of structures;
(2) Development or redevelopment involving multiple separate
activities in discontinuous locations or on different schedules if
the activities are part of a larger common plan of development that
all together disturbs 43,560 square feet or more of land;
(3) Paving or other change in surface material over an
area of 43,560 square feet or more causing a significant reduction
of permeability or increase in runoff;
(4) Construction of a new drainage system or alteration
of an existing drainage system or conveyance serving a drainage area
of more than 43,560 square feet;
(5) Any other activity altering the surface of an area
equal to or greater than 43,560 square feet that will, or may, result
in increased stormwater runoff flowing from the property into a public
way or the municipal storm drain system; or
(6) Land disturbance where there is a fifteen-percent
or greater slope and where the land disturbance is greater than or
equal to 200 square feet within the sloped area.
B. Exempt activities. The following activities are exempt
from the requirements of this bylaw:
(1) Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(2) Maintenance of existing landscaping, gardens or lawn
areas associated with a single-family dwelling;
(3) The construction of fencing that will not substantially
alter existing terrain or drainage patterns;
(4) Land disturbance activities that are wholly subject
to jurisdiction under the Wetlands Protection Act and demonstrate
compliance with the Massachusetts Stormwater Management Policy as
reflected in an order of conditions issued by the Conservation Commission;
(5) Construction of utilities (gas, water, electric, telephone,
etc.) other than drainage, which will not alter terrain, ground cover,
or drainage patterns; the reconstruction of or resurfacing of any
public way; the construction and associated grading of a street that
has been approved by the Planning Board;
(6) For the removal of earth products undertaken in connection
with a sand, gravel or similar enterprise where such activity is allowed
by zoning;
(7) Any logging operation with a cutting plan approved
by the State Forester;
(8) Emergency repairs to any utilities (gas, water, electric,
telephone, etc.), stormwater management facility or practice that
poses a threat to public health or safety, or as deemed necessary
by the Planning Board;
(9) Any work or projects for which all necessary approvals
and permits have been issued before the effective date of this bylaw.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under §
280-5B of this bylaw.
A. The Stormwater Management Commission and its agents
shall review all applications for a land disturbance permit, conduct
inspections, issue a final permit and conduct any necessary enforcement
action.
B. The Stormwater Management Commission will refer to
the policy, criteria and information, including specifications and
standards, of the latest edition of the Massachusetts Stormwater Management
Policy.
C. Any applicant may submit a request for a determination
of nonsignificance. Such a request shall be accompanied by an explanation
or documentation supporting a request for a determination of nonsignificance
and demonstrating that the proposed work is not significant to any
of the interests of the Stormwater Management and Erosion Control
Bylaw of the Town of Dalton and that strict application of the bylaw
does not further the purposes or objectives of this bylaw.
(1) All requests for determination of nonsignificance
shall be discussed and a decision will be made by the Stormwater Management
Commission within 14 days of receiving the request in writing.
(2) If in the Stormwater Management Commission's opinion,
additional time or information is required for review of request for
determination of nonsignificance, the Stormwater Management Commission
may continue a consideration of the request by an additional seven
days. In the event the applicant objects to a continuance, or fails
to provide requested information, the request shall be denied.
(3) The Stormwater Management Commission will prepare
a written finding that the area on which the proposed work is to be
done, or which the proposed work will alter, is either significant
or not significant to one or more of the interests identified in the
Stormwater Management and Erosion Control Bylaw of the Town of Dalton.
If a project is deemed significant by the Stormwater Management Commission,
the applicant must file for a full land disturbance permit.
D. A completed application for a land disturbance permit shall be filed with the Stormwater Management Commission. A permit must be obtained prior to the commencement of land-disturbing activity as described under §
280-4A of this bylaw. The land disturbance permit application shall include:
(1) A completed application form with original signatures
of all owners;
(2) A list of abutters, certified by the Assessors office;
(3) Payment of the application and review fees; and
(4) One copy each of the application form and the list
of abutters filed with the Town Clerk.
E. A public hearing shall be held by the Stormwater Management Commission within 21 days of the receipt of the minimal submission requirements as established under §
280-6D of this bylaw.
F. The Stormwater Management Commission shall publish
a notice of the time and place of said hearing at the expense of the
applicant, not less than five days prior to the public hearing, by
publication in a newspaper of general circulation in the Town of Dalton.
G. The land disturbance permit application shall be available
for inspection by the public during normal business hours at the Town
Hall for a minimum of five business days from the notice. The public
may submit their comments within the time that the land disturbance
permit is available for inspection. Comments may be submitted to the
Town Hall during regular business hours.
H. The Stormwater Management Commission shall take final
action on an application within 21 days of the close of the public
hearing if review from the Conservation Commission or the Planning
Board is not required. Failure to take action shall be deemed to be
constructive approval of said application. Upon certification by the
Town Clerk that the allowed time has passed without the Stormwater
Management Commission's action, the land disturbance permit shall
be issued by the Stormwater Management Commission.
I. No permit shall be issued by the Stormwater Management
Commission for projects that are actively under review or pending
decisions from the Conservation Commission or the Planning Board until
those decisions have been concluded.
J. The Stormwater Management Commission shall take final
action on an application within 21 days of receiving final written
decision(s) from the Conservation Commission and/or the Planning Board
if the project was under review by the Conservation Commission and/or
the Planning Board. Failure to take action shall be deemed to be constructive
approval of said application. Upon certification by the Town Clerk
that the allowed time has passed without the Stormwater Management
Commission's action, the land disturbance permit shall be issued by
the Stormwater Management Commission.
K. Filing an application for a land disturbance permit
grants the Stormwater Management Commission or its agents permission
to enter the site to verify the information in the application and
to inspect for compliance with permit conditions.
L. The Stormwater Management Commission may:
(1) Approve the application and issue a permit if it finds
that the proposed plan will protect water resources and meets the
objectives and requirements of this bylaw;
(2) Approve the application and issue a permit with conditions,
modifications, requirements for operation and maintenance requirements
of permanent structural BMPs, designation of responsible party, or
restrictions that the Stormwater Management Commission determines
are required to ensure that the project will protect water resources
and will meet the objectives and requirements of this bylaw; or
(3) Disapprove the application and deny a permit if it
finds that the proposed plan will not protect water resources or fails
to meet the objectives and requirements of this bylaw. If the Stormwater
Management Commission finds that the applicant has submitted insufficient
information to describe the site, the work, or the effect of the work
on water quality and runoff volume, the Stormwater Management Commission
may disapprove the application, denying a permit.
M. Appeals of action by the Stormwater Management Commission.
A decision of the Stormwater Management Commission shall be final.
Further relief shall be to a court of competent jurisdiction. The
remedies listed in this bylaw are not exclusive of any other remedies
available under any applicable federal, state or local law.
The Stormwater Management Commission shall establish
fees to cover expenses connected with application review and monitoring
permit compliance. The fees shall be sufficient to cover professional
staff.
The Stormwater Management Commission will determine
applicability and grant a waiver to compliance with this bylaw. The
Stormwater Management Commission may waive strict compliance with
any requirement of this bylaw, or the rules and regulations promulgated
hereunder, where such action:
A. Is allowed by federal, state and local statutes and/or
regulations; and
B. Is in the public interest; and
C. Is not inconsistent with the purpose and intent of
this bylaw.
If any provision, paragraph, sentence, or clause
of this bylaw shall be held invalid for any reason, all other provisions
shall continue in full force and effect.