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
ABUTTER — The owner(s) of land
abutting the activity.
AGRICULTURE
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
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.
BOARD
The Town of Wakefield Advisory Board of Public Works.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
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 disturbance activities.
LAND DISTURBING ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the taking of any rare plant or animal species listed
as endangered, threatened, or of special concern.
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.
MUNICIPAL STORM DRAIN 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 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 Wakefield.
OWNER
A person with a legal or equitable interest in property.
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.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
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.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
STRIP
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
VERNAL POOLS
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
WATERCOURSE
A natural or man-man channel through which water flows or
a stream of water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and in any wetland bylaw hereafter
adopted by the Town of Wakefield.
WETLANDS
Tidal and nontidal 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.
Upon completion of the work, the permittee shall
submit a report (including certified as-built construction plans)
from a professional engineer (P.E.), surveyor, or Certified Professional
in Erosion and Sediment Control (CPESC), certifying that all erosion
and sediment control devices, and approved changes and modifications,
have been completed in accordance with the conditions of the approved
permit. Any discrepancies should be noted in the cover letter.
The issuing authority will issue a letter certifying
completion upon receipt and approval of the final reports and/or upon
otherwise determining that all work of the permit has been satisfactorily
completed in conformance with 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.
To the Wakefield Advisory Board of Public Works:
The undersigned hereby submits this Land Disturbance
Permit Application as defined in the Bylaws of the Town of Wakefield
Section 170 — Storm Drain System, and requests a review
and determination by the Board of the enclosed Land Disturbance Plan.
The applicant hereby authorizes the Board and/or its designees to
inspect the property described below from time to time for the purpose
of establishing compliance with any permit or order of the Board,
pursuant to the said bylaw.
The Land Disturbance Plan involves property
where owner's title to the land is derived under deed from __________,
dated __________, and recorded in the Middlesex County South Registry
of Deeds, Book _____, Page _____, or Land Court Certificate of Title
No. _____, Registered in __________ District, Book _________, Page
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Give a brief summary of the nature of the project.
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The property (building) is described as being
located at ___________________________; it is currently used as _______________________________________
and the changes proposed to be made are ____________________________.
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The project is located on the parcel shown on
Assessors Map _____, Parcel _____.
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Applicant's Name (print)
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Owners' Names(s)
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Applicant's Name (print)
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Owners' Names(s)
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Applicant's Name (print)
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Owners' Names(s)
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Date Received by Town Clerk: ___________________
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Town Clerk's Signature _______________________________________
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Please note: 1) An applicant for a Land Disturbance
Plan Review must file with the Board a completed original Land Disturbance
Permit Application and ten (10) copies, a list of abutters, ten (10)
copies of the Land Disturbance Plan Package, and the application and
review fees as noted in the Land Disturbance Plan Review Fee Schedule.
2) The applicant shall also file a copy of the Land Disturbance Plan
and the application with the Town Clerk after filing with the Board.
The date of receipt by the Town Clerk shall be the official filing
date.
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The following fee schedules are minimum fees.
The Board may require higher fees if deemed necessary for proper review
of an application or to ensure compliance.
A. A preapplication meeting may be requested to review
the project and to seek a waiver or reduction from the Professional
Review Fee based on the project complexity. The waiver or reduction
of said fee is at the sole discretion of the Board.
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Lot Area
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Professional Review Fee
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Application Fee
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Less than 1 acre
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$2,000.00
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$100.00
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1 to 3 acres
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$3,000.00
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$150.00
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Greater than 3 acres
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$2,000.00 times the number of acres to the nearest
tenth of an acre
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$200.00
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B. Resubmittal/amendment (provided the area shall not
be increased)
C. General.
(1) Any application not accompanied by the appropriate
fee shall be deemed incomplete. Payment must be made to the Board
in money order or bank or certified check payable to the Town of Wakefield.
(2) An applicant's failure to pay any additional review
or inspection fee within five business days of receipt of the notice
that further fees are required shall be grounds for disapproval.
(3) Funds received by the Board for professional review
services pursuant to this section shall be deposited with the Wakefield
Treasurer.
(4) The Board will publish the public notice and send
abutter notifications. Abutter notification shall be by certified
mail-return receipt requested. The applicant shall pay all costs associated
with the publication and notification requirements. These costs shall
not be imposed on the applicant if the applicant completes the public
notice and abutter notification requirements, and provides the Board
with copies of the public notices and the return receipt cards.
(5) Professional review fees include engineering review,
legal review, and clerical fees associated with the public hearing
and permit processing. A fee estimate may be provided by the Board's
consulting engineer.