[HISTORY: Adopted 4-26-2010 ATM, Art. 2. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Plan — See Ch. 81.
Farming — See Ch. 93.
Garbage, rubbish and refuse — See Ch. 102.
Water — See Ch. 174.
Zoning — See Ch. 179.
Streets and sidewalks — See Ch. 200.
Garbage and waste disposal — See Ch. 219.
Sewers — See Ch. 236.
Subsurface sewage disposal systems — See Ch. 239.
Subdivision of land — See Ch. 264.
A.
The purpose of this bylaw is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
requirements and procedures to manage stormwater runoff, promote groundwater
recharge and to prevent water pollution from new development and redevelopment.
This bylaw seeks to meet that purpose through the following objectives:
(1)
Establish regulations for land development activities that preserve
the health of water resources;
(2)
In new development, require that the amount of stormwater runoff
is equal to or less than predevelopment conditions and that the quality
of stormwater runoff is equal to or better than pre-development conditions
in order to reduce flooding, stream erosion, pollution, property damage
and harm to terrestrial and aquatic life;
(3)
Establish stormwater management standards and design criteria to
control the quantity and quality of stormwater runoff;
(4)
Encourage the use of "low impact development practices," such as
reducing impervious cover and preserving greenspace and other natural
areas to reduce stormwater runoff and maintain hydrologic function;
(5)
Establish maintenance provisions to ensure that stormwater treatment
practices will continue to function as designed and pose no threat
to public safety;
(6)
Establish procedures for the Town's review of stormwater management
plans and for the Town's inspection of approved stormwater treatment
practices.
B.
Nothing in this bylaw is intended to replace the requirements of
either the Town of Deerfield Environmental Regulations,[1] Watershed Protection Districts,[2] Flood Plain District,[3] or any other Bylaw that has been or may be adopted by
the Town of Deerfield. Any activity subject to the provisions of the
above-cited bylaws must comply with the specifications of each.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, and pursuant to the regulations
of the federal Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
A.
This bylaw shall be applicable to all new development and redevelopment, including site plan applications, subdivision applications and applications for earth removal permits. The bylaw shall apply to any land disturbance activities that will result in an increased amount of stormwater runoff or pollutants from a parcel or contiguous parcels of land, or that will alter the drainage characteristics of a parcel of land, unless exempt under § 155-3D of this bylaw. All new development and redevelopment, under the jurisdiction of this bylaw, shall be required to obtain a Stormwater Permit. The Stormwater Permit process shall be coordinated with existing permitting, where applicable.
B.
An alteration, redevelopment, or conversion of land use or activities
to those with higher potential pollutant loadings such as auto salvage
yards, auto fueling facilities, fleet storage yards, commercial parking
lots, road salt storage areas, outdoor storage and loading areas of
hazardous substances, railroad yards and vehicle wash bays shall require
a Stormwater Permit.
C.
This bylaw is not retroactive and does not affect current or approved
land development or redevelopment applications.
D.
Exemptions. No person shall alter land within the Town of Deerfield
without having obtained a Stormwater Permit for the property with
the following exceptions:
(1)
Any activity for proposed residential use that will disturb an area
less than 1 (one) acre;
(2)
Any activity for proposed commercial, industrial or institutional
use that will disturb less than 12,500 square feet;
(3)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act Bylaw 310 CMR 10.04. This definition
of agriculture shall apply to agriculture practiced in any location
in the Town;
(4)
Conversion of land to agricultural use for crops and/or pasture;
(5)
Timber harvesting;
(6)
Maintenance of existing landscaping, gardens or lawn areas associated
with residential dwellings;
(7)
Construction of a single-family dwelling where approval is not required,
as defined under the Subdivision Control Law and where total land
disturbance is less than 1 (one) acre. Prior to land disturbing activities,
persons constructing a single-family dwelling are required to notify
the Town Building Commissioner about actions to reduce stormwater
impacts during and after construction. Persons constructing single-family
dwellings are strongly encouraged to use stormwater control and site
planning methods described in the Town of Deerfield Best Development
Practices Guidebook;
(8)
Repair or replacement of a septic system;
(9)
Construction of a deck, patio, retaining wall, driveway or other
impervious surface expansion, shed, accessory building, swimming pool,
tennis and basketball court associated with a residential dwelling;
(10)
Construction of utilities (gas, water, electric, telephone,
etc.) other than drainage, which will not permanently alter terrain,
ground cover, or drainage patterns;
(11)
Emergency repairs to any Stormwater Management device or practice
that poses a threat to public health or safety, or as deemed necessary
by the Stormwater Authority;
(12)
Stormwater discharges resulting from the activities subject
to this bylaw that are wholly subject to jurisdiction under the Wetlands
Protection Act[1] and that demonstrate compliance with the Massachusetts
Stormwater Management Standards as reflected in an Order of Conditions
issued by the Conservation Commission.
[1]
Editor's Note: See MGL c. 131, § 40 et seq.
The definitions set forth below shall apply in the interpretation
and implementation of the bylaw. Terms not defined in this Appendix
shall be understood according to their customary and usual meaning.
The Stormwater Authority may by its regulations adopt additional definitions
in furtherance hereof.
A subordinate or secondary building situated on the same
lot or parcel with a principal building, the use of which is customarily
incidental to that of the main building or land use.
A property owner or agent of a property owner who has filed
an application for a Stormwater Permit.
A facility dedicated to the transfer of fuels from a stationary
pumping station to mobile vehicles or equipment. It includes above-
or under-ground fuel storage facilities. In addition to general service
gas stations, an auto fueling facility includes pumping stations at
twenty-four-hour convenience stores, construction sites, warehouses,
car washes, manufacturing establishments, port facilities, and businesses
with fleet vehicles. Stormwater contamination at fueling facilities
is caused by leaks/spills of fuels, tube oils, radiator coolants,
and vehicle washwater.
A facility for the dismantling, storage and/or sale of vehicles
for reusable parts and fluids. Fluids associated with auto salvage
yards may include, but are not limited to: drained motor oil, window
cleaner, antifreeze, battery acid, hydraulic oil/fluid, transmission
fluid, brake fluid and oil and water recovered from steam cleaning.
These fluids may enter stormwater runoff from storage areas.
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.
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural Low Impact
Development (LID) Management practices. Better site design includes
conserving and protecting natural areas and greenspace, reducing impervious
cover, and using natural features for LID Management.
The building assemblies comprising the outer structure of
a building that enclose living and storage spaces including walls,
windows, doors, roof, floors and foundation; also, building envelope,
building shell.
Adjoining lands of common ownership, even if divided by a
public road, easement, rivers or streams.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
A facility for the storage and maintenance of vehicles owned
or operated as a unit, including, but not limited to, automobiles,
trucks, buses and motorcycles.
A plan for the cutting of trees on forest land, which is
prepared and submitted in accordance with MGL c. 132, §§ 40-46A.
The forest cutting plan requires approval by a Service Forester of
the Massachusetts Department of Conservation and Recreation, as provided
under 304 CMR 11.04.
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, sidewalks,
rooftops, driveways, patios, and paved, gravel and compacted dirt
surfaced roads.
Landscaping includes a range of maintenance and construction
activities aimed at shaping, defining, and enhancing outdoor spaces
and environments inhabited by people. It is practiced as both a science
and an art. Landscaping involves working with functional site conditions
of water, soil, seasonality, wind, and light conditions, requires
a thorough knowledge of plant materials, and strives to shape our
living environments to achieve aesthetic effects.
Low Impact Development (LID) is an approach to land development
that uses land planning and design practices and technologies to simultaneously
conserve and protect natural resource systems and reduce infrastructure
costs. LID seeks to design the built environment to remain a functioning
part of an ecosystem rather than exist apart from it. LID tools are
used to plan and engineer urban and rural sites to maintain or restore
the hydrologic and ecological functions of their watersheds.
A form of incentive for developers to promote conservation
of natural and open space areas. Projects that comply with prescribed
requirements are allowed reductions in stormwater management requirements
when they use techniques to reduce stormwater runoff at the site.
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.
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.
Pollution from many diffuse sources caused by rainfall or
snowmelt 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.
Facilities that perform the loading/unloading and outside
storage of liquid and solid materials at industrial and commercial
locations. These areas include, but are not limited to, shipping and
receiving, outside above- and below-ground storage, and fueling areas.
Materials transferred may include, but are not limited to, products,
raw materials, intermediate products, waste materials, fuels, and
scrap metals. Leaks and spills of fuels, oils, powders, organic chemicals,
heavy metals, salts, acids, and alkalis during transfer are potential
causes of stormwater contamination. Spills from hydraulic line breaks
are a common problem at loading docks.
A person with a legal or equitable interest in a property.
The state or fact of being an owner.
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 Deerfield, and any other legal entity, its legal representatives,
agents, or assigns.
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.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Stormwater
Authority. 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.
A facility for the storage, maintenance, repair and movement
of locomotives and rail cars. Railroad yards include terminals, switching
yards, maintenance yards and all associated equipment, structures
and storage areas. Pollutant sources from railroad yards can include
drips/leaks of vehicle fluids onto the railroad bed, human waste disposal,
litter, locomotive/railcar/equipment cleaning areas, fueling areas,
outside material storage areas, the erosion and loss of soil particles
from the railroad bed, maintenance and repair activities at railroad
terminals, switching yards, and maintenance yards, and herbicides
used for vegetation management. Waste materials can include waste
oil, solvents, degreasers, antifreeze solutions, radiator flush, acids,
brake fluids, soiled rags, oil filters, sulfuric acid and battery
sludges, and machine chips with residual machining oil and toxic fluids/solids
lost during transit. Potential pollutants include oil and grease,
sediment, organic chemicals, pesticides, and metals.
The replenishment of underground water reserves.
Any construction, alteration, transportation or improvement
exceeding land disturbance of 12,500 square feet, where the existing
land use is commercial, industrial or institutional.
A facility for the storage of deicing materials, most commonly
salts such as sodium chloride, gravel, sand and other materials that
are applied to highways and roads to reduce the amount of ice during
winter storm events.
The Planning Board shall be the Stormwater Authority which shall have the authority to administer, implement, and enforce these Stormwater Bylaws. 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 § 155-5 of these Stormwater Bylaws.
A permit issued by the Stormwater Authority for projects
in the categories and meeting the standards defined in this bylaw,
after review of an application, plans, calculations, and other supporting
documents. Projects in these categories that meet these generic standards
and are properly implemented are assumed to meet the requirements
and intent of this bylaw which is designed to protect the environment
of the Town of Deerfield from the deleterious effects of uncontrolled
and untreated stormwater runoff.
Operations associated with felling and moving trees and logs
from the stump to the point of delivery, such as, but not limited
to, marking danger trees and trees/logs to be cut to length, felling,
limbing, bucking, debarking, chipping, yarding, loading, unloading,
storing, and transporting machines, equipment and personnel to, from
and between logging sites.
Facilities include automatic systems found at individual
businesses or at gas stations and twenty-four-hour convenience stores,
as well as self-service car washes. Types of vehicle wash bays include
tunnels, rollovers and hand-held wands. The tunnel washes are housed
in a long building through which the vehicle is pulled. At a rollover
wash, the vehicle remains stationary while the equipment passes over.
Wands are used at self-serve car washes. Wash wastewater may contain
detergents and waxes that contribute to polluted stormwater runoff.
Other potential pollutants from vehicle wash bays include oil, grease
and sediment.
A.
The Planning Board is hereby designated as the Stormwater Authority.
The Stormwater Authority shall administer, implement and shall enforce
this bylaw. Any powers granted or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees or agents.
B.
Stormwater Regulations. The Stormwater Authority shall adopt, implement
and may periodically amend, rules and regulations relating to the
terms, conditions, definitions, enforcement, fees (including application,
inspection, and/or consultant fees), procedures and administration
of this Stormwater Bylaw by majority vote of the Stormwater Authority,
after conducting a public hearing to receive comments on any proposed
revisions. Such hearing dates shall be advertised in a newspaper of
general local circulation, at least 14 days prior to the hearing date.
After public notice and public hearing, the Stormwater Authority may
issue rules and regulations to fulfill the purposes of this bylaw.
Failure by the Stormwater Authority to issue such rules and regulations
or a legal declaration of their invalidity by a court shall not suspend
or invalidate the effect of this bylaw.
C.
The Stormwater Authority may designate another Town Board, including,
but not limited to, the Conservation Commission for the purpose of
reviewing stormwater submittals and providing recommendations to the
Stormwater Authority as requested from time to time by the Stormwater
Authority as its authorized agent for the purposes of reviewing all
stormwater submittals and approving Stormwater Permits for any project
within that particular Board's jurisdiction.
D.
Stormwater Management Standards and Handbook. The Stormwater Authority
will use the policy, criteria and information, including specifications
and standards, of the latest edition of the Massachusetts Stormwater
Management Standards and Handbook to execute the provisions of this
bylaw. This policy and criteria shall apply to land disturbance activities
in any location of the Town that require a Stormwater Permit. The
Handbook includes a list of acceptable stormwater treatment practices,
including specific design criteria for each. The Standards and Handbook
may be updated and expanded periodically, based on improvements in
engineering, science, monitoring, and local maintenance experience.
Unless specifically revised in the Stormwater Regulations, stormwater
management practices that are designed, constructed, and maintained
in accordance with these design and sizing criteria will be presumed
to be protective of Massachusetts water quality standards. Where the
Town of Deerfield's Stormwater Bylaw and Regulations apply standards
or requirements that are stricter than those of the MA DEP Stormwater
Management Standards and Handbook, the standards and requirements
of the Town of Deerfield's Stormwater Bylaw and Regulations shall
apply.
E.
Actions by the Stormwater Authority. The Stormwater Authority may
take any of the following actions as a result of an application for
a Stormwater Permit: Approval, Approval with Conditions, Disapproval,
or Disapproval without Prejudice.
F.
Appeals of Action by the Stormwater Authority. A decision of the
Stormwater Authority shall be final. Further relief of a decision
by the Stormwater Authority made under this bylaw shall be reviewable
in the Superior Court in an action filed within 60 days thereof, in
accordance with MGL c. 249, § 4.
G.
Low Impact Development (LID) Credit System. The Stormwater Authority
may adopt a LID Credit System through the Regulations authorized by
this Stormwater Bylaw. This credit system will allow applicants the
option, if approved by the Stormwater Authority, to take credit for
the use of better site design practices for stormwater and may reduce
some of the requirements specified in the criteria section of the
Regulations. Failure by the Stormwater Authority to issue such a credit
system through its Regulations or a legal declaration of its invalidity
by a court shall not act to suspend or invalidate the effect of this
bylaw.
Permit Procedures and Requirements shall be defined and included as part of any rules and regulations issued as permitted under § 155-5 of this bylaw.
The Stormwater Authority or an authorized agent of the Stormwater Authority shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any Stormwater Regulations issued as permitted under § 155-5 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any other section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
