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Town of Canton, MA General & Zoning Bylaws

8. DEFINITIONS

8. DEFINITIONS The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional definitions may be adopted by separate regulation: A. ALTER: Any activity which will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alter may be similarly represented as “alteration of drainage characteristics,” and “conducting land disturbing activities.” B. BEST MANAGEMENT PRACTICE (BMP): Structural, non-structural 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 (e.g. policies 195 or procedures such as enhanced street sweeping), and/or promote pollutant reduction by eliminating the pollutant source. C. EROSION AND SEDIMENT CONTROL PLAN: A document containing narrative, drawings, and details developed by a qualified professional engineer (PE) or a Certified Professional in Erosion and Sediment 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 disturbing activities in accordance with requirements of this bylaw. D. 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. E. GRADING: Changing the level or shape of the ground surface. F. HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances, or marinas. G. LAND-DISTURBING ACTIVITY (also referred to as LAND DISTURBANCE, DISTURBANCE OF LAND and LAND ALTERATION): Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters, involves clearing (of soil, trees or vegetation) and grading, and/or results in an alteration of drainage characteristics. H. LOW IMPACT DESIGN (formerly Better Site Design): Site design approaches and techniques that can reduce a site’s impact on the watershed through the use of nonstructural stormwater management practices. Also known as environmentally sensitive design, low impact design includes conserving and protecting natural areas and greenspace, reducing impervious cover, and using natural features for stormwater management. I. MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The Standards issued by the Massachusetts Department of Environmental Protection, as further defined in the Massachusetts Stormwater Handbook, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23-56. The Standards address stormwater impacts through implementation of performance 196 standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. J. MS4 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: 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 Canton. K. NEW DEVELOPMENT: 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 L. NONPOINT SOURCE POLLUTION: 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. M. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States. N. 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. O. PERSON: 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 Canton and any other legal entity, its legal representatives, agents, or assigns. P. POLLUTANT: Any 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, watercourse, or Waters of the Commonwealth. Pollutants include, but are not limited to: i. Paints, varnishes, and solvents; 197 ii. Oil and other automotive fluids; iii. Nonhazardous liquid and solid wastes and yard wastes; iv. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, accumulations and floatables; v. Pesticides, herbicides, and fertilizers; vi. Hazardous materials and wastes; vii. Sewage, fecal coliform and pathogens; viii. Dissolved and particulate metals; ix. Animal wastes; x. Rock, sand, salt, soils; xi. Construction wastes and residues; and xii. Noxious or offensive matter of any kind. Q. PRE-CONSTRUCTION: All activities in preparation of construction. R. PRE-DEVELOPMENT: The conditions that exist at the time that plans for the development of a tract of land are submitted to the Canton Conservation Commission. 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. S. RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface into the soil. T. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. The creation of new areas of impervious surface or new areas of land disturbance on a site constitutes development, not redevelopment, even where such activities are part of a common plan which also involves redevelopment. Redevelopment includes maintenance and improvement of existing roadways including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems and repaving; and remedial projects specifically designed to provide improved stormwater management such as projects to separate storm drains and sanitary sewers and stormwater retrofit projects. 198 U. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its original to another location; the product of erosion processes. V. SEDIMENTATION: The process or act of deposition of sediment. W. SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed. X. STORMWATER AUTHORITY: The Town of Canton Conservation Commission or its authorized agent(s). The Conservation Commission 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 the Stormwater Regulations adopted by the Conservation Commission. Y. STORMWATER MANAGEMENT FEE: a charge for the use of the Stormwater Management Services. Z. STORMWATER UTILITY: A specific management structure for the Stormwater Management Fee, in which a municipal utility is established to administer the fee and the Stormwater Management Program similar to a water or sewer utility. AA. WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended.