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.
ALTERATION OF DRAINAGE CHARACTERISTICS — Any
activity on an area of land that changes the water quality, force,
direction, timing or location of runoff flowing from the area. 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.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
BOARD
The Town of Wakefield Advisory Board of Public Works.
CLEARING
Any activity that removes the vegetative surface cover.
DEVELOPMENT
The modification of land to accommodate a new 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.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
IMPERVIOUS SURFACE
Any 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.
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.
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 insure that it continues to function as designed.
OUTFALL
The point at which stormwater flows out from a point source
into waters of the commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs)
Waters designated by 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 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.
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.
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.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
TSS
Total suspended solids.
An operation and maintenance plan (O&M plan)
is required at the time of application for all projects. The maintenance
plan shall be designed to ensure compliance with the permit and this
bylaw and that the Massachusetts Surface Water Quality Standards 314
CMR 4.00 are met in all seasons and throughout the life of the system.
The Board shall make the final decision of what maintenance option
is appropriate in a given situation. The Board will consider natural
features, proximity of site to water bodies and wetlands, extent of
impervious surfaces, size of the site, the types of stormwater management
structures, and potential need for ongoing maintenance activities
when making this decision. The operation and maintenance plan shall
remain on file with the Board and shall be an ongoing requirement.
The O&M plan shall include:
A. The name(s) of the owner(s) for all components of
the system.
B. Maintenance agreements that specify:
(1) The names and addresses of the person(s) responsible
for operation and maintenance.
(2) The person(s) responsible for financing maintenance
and emergency repairs.
(3) A maintenance schedule for all drainage structures,
including swales and ponds.
(4) A list of easements with the purpose and location
of each.
(5) The signature(s) of the owner(s).
C. Stormwater management easement(s).
(1) Stormwater management easements shall be provided
by the property owner(s) as necessary for:
(a)
Access for facility inspections and maintenance.
(b)
Preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities, including flood
routes for the one-hundred-year storm event.
(c)
Direct maintenance access by heavy equipment
to structures requiring regular cleanout.
(2) The purpose of each easement shall be specified in
the maintenance agreement signed by the property owner.
(3) Stormwater management easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by the Board.
(4) Easements shall be recorded with the Middlesex County
South Registry of Deeds prior to issuance of a certificate of completion
by the Board.
D. Changes to operation and maintenance plans.
(1) The owner(s) of the stormwater management system must
notify the Board of changes in ownership or assignment of financial
responsibility.
(2) The maintenance schedule in the maintenance agreement
may be amended to achieve the purposes of this bylaw by mutual agreement
of the Board and the responsible parties. Amendments must be in writing
and signed by all responsible parties. Responsible parties shall include
owner(s), persons with financial responsibility, and persons with
operational responsibility.
The Board will issue a letter certifying completion
upon receipt and approval of the final inspection 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 a Stormwater
Management 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 Stormwater Management
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 Stormwater Management 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 Stormwater
Management Plan Review must file with the Board an original Stormwater
Management Permit Application Form and ten (10) copies thereof, a
list of abutters, ten (10) copies of the Stormwater Management Plan
Package, ten (10) copies of the Operation and Maintenance Plan, and
the application and review fees as noted in the Stormwater Management
Plan Review Fee Schedule. 2) The applicant shall also file a copy
of the Stormwater Management Plan, Operation & Maintenance Plan,
and the application form 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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