ARTICLE XXXIII STORMWATER BYLAW
1.0 PURPOSE
A.) The purpose of this Bylaw is to protect 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. Require that the quantity and quality of stormwater discharging from new development both during and after construction maintains or improves these characteristics compared to pre-development conditions in order to reduce flooding, stream erosion, pollution, property damage and harm to 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;
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 and enforcement 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 existing regulations or bylaws of the Town of West Boylston. All activities are subject to all of the existing provisions of the Town of West Boylston and must comply with the specifications of each regulation or bylaw.
2.0 DEFINITIONS
Definitions are in Appendix A of this Bylaw and 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. Additional definitions may be adopted by separate regulation.
3.0 AUTHORITY
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, and as authorized by the residents of the Town of West Boylston at Town Meeting, dated October 15, 2007.
4.0 ADMINISTRATION
A. The Stormwater Authority shall be the West Boylston Director of Public Works. The Stormwater Authority shall administer, implement and enforce this Bylaw. All powers granted to or duties imposed upon the Stormwater Authority are extended to the Stormwater Authority's designees. The Stormwater Authority's designees for various projects that disturb more than 10,000 square feet are as follows:
DESIGNEE |
PROJECTS DISTURBING MORE THAT 10,000 SQUARE FEET |
Planning Board |
Subdivisions, Site Plans |
Zoning Board of Appeals |
Special Permits, Variances, 40B |
Earth Removal Board |
Earth Removal Permits |
Conservation Commission |
Projects requiring an Order of Conditions that do not fall within the categories listed above |
Building Inspector |
Projects requiring a Building Permit that do not fall within the categories listed above |
B) Stormwater Regulations. The Stormwater Authority may adopt, and 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 fourteen (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 act to suspend or
invalidate the effect of this Bylaw.
C) Stormwater Management Manual. The Stormwater Authority will utilize the policy, criteria and information including specifications and standards of the latest edition of the Massachusetts Stormwater Management Policy (see Appendix B), to execute the provisions of this Bylaw. This Policy includes a list of acceptable stormwater treatment practices, including the specific design criteria for each. The Policy may be updated and expanded periodically, based on improvements in engineering, science, monitoring, and local maintenance experience. Unless specifically altered 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 to the extent authorized.
D) Actions by the Stormwater Authority. The Stormwater Authority may take any of the following actions as a result of an application for a Stormwater Management Permit: Approval, Approval with Conditions, Disapproval, or Disapproval without Prejudice.
E) 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 sixty (60) days thereof, in accordance with M.G.L. Ch. 249 § 4.
F) Right of Entry. Filing and application for stormwater management permit grants the Stormwater Authority or its designee permission to enter the site to verify the information in the application and to inspect for compliance with permit conditions.
5.0 APPLICABILITY
A) This bylaw shall be applicable to all new development and redevelopment; including, but not limited to, site plan applications and subdivision applications. The Bylaw shall apply to any activities that will result in an increased amount of stormwater runoff or pollutants from a parcel of land, or that will alter the drainage characteristics of a parcel of land, unless exempt under Section 5.C of this Bylaw. All new development and redevelopment under the jurisdiction of this Bylaw shall be required to obtain a Stormwater Management Permit.
B) An alteration, redevelopment, or conversion of land use to a hotspot (as determined by the Stormwater Authority in conformance with Standard 5 of the Massachusetts Stormwater Management Policy) including, but not limited to, 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, shall require a Stormwater Management Permit.
C) EXEMPTIONS
No person shall alter land within the Town of West Boylston without having obtained a Stormwater Management Permit (SMP) for the property with the following exceptions:
1. Any activity that will disturb an area less than 10,000 (gross) square feet of all contiguous properties.
2. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A Section 3;
3. Maintenance of existing landscaping, gardens or lawn areas associated with a single, two, or three family dwelling;
4. Repair or replacement of an existing roof;
5. Construction of a single-family dwelling, where approval is not required as defined in the Subdivision Control Law, unless the associated land disturbance activity exceeds 10,000 (gross) square feet. Prior to land disturbance activities, persons constructing single-family dwellings are strongly encouraged to consult with the town's Stormwater Authority about actions to reduce stormwater impacts during and after construction. It is also recommended that individuals constructing single-family dwellings prepare and grade lots in such a manner that development of the lot does not cause detrimental drainage on another lot or onto streets either during construction or upon completion.
6. Repair or replacement of an existing septic system when approved by the Board of Health. Persons repairing or replacing septic systems are strongly encouraged to consult with the Town of West Boylston Board of Health or Conservation Commission about actions to reduce stormwater impacts during and after construction.
7. The construction of any fence that will not alter existing terrain or drainage patterns;
8. Construction of a deck, patio, retaining wall, expansion of an existing driveway, construction of a shed, garage, swimming pool, tennis or basketball court associated with a single, two, or three family dwelling that does not disturb more than 10,000 square feet.
9. Construction of utilities (gas, water, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns and for which the total area to be disturbed (even if linear in nature) does not exceed 10,000 s.f. at one time, defined as more than one week of exposed surface area;
10. Emergency repairs to any stormwater management facility or drainage structure or practice that poses a threat to public health or safety, or as deemed necessary by the Stormwater Authority; and
11. Any work or projects for which all necessary approvals and permits have been issued before the effective date of this Bylaw.
12. Normal maintenance of Town owned public land, ways, and appurtenances.
6.0 PROCEDURES
Permit Procedures and Requirements shall be defined and included as part of any rules and regulations issued as permitted under Section 4 of this Bylaw.
7.0 ENFORCEMENT
The Stormwater Authority or its designee 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 Section 4 of this Bylaw.
8.0 SEVERABILITY
The invalidity of any section, provision, paragraph, sentence, or clause of this Bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.
9.0 APPLICATION FEES
The Stormwater Authority shall receive with each submission an Application Fee ESTABLISHED BY THE Stormwater Authority to cover expenses connected with the review of the Stormwater Management Permit and a technical review fee sufficient to cover professional review services for the project. The Stormwater Authority is authorized to retain a Registered Professional Engineer or other professional consultants to advise the Stormwater Authority on any or all aspects of these plans. Applicants must pay review fees before the review process may begin.
10.0 WAIVERS
A) The Stormwater Authority may waive strict compliance with any requirement of this bylaw or the rules and regulations promulgated hereunder, where:
1) Such action is allowed by federal, state, and local statutes and/or regulations
2) Is in overriding public interest, and
3) Is not inconsistent with the purpose and intent of this bylaw.
B) Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaw does not further the purposes or objectives of this bylaw.
APPENDIX A: DEFINITIONS
ALTER: Any activity, which will measurably change the ability of a ground surface area to absorb water or will temporarily or permanently change existing surface drainage patterns. Alter may be similarly represented as "alteration," "alteration of drainage characteristics," and "conducting land disturbance activities."
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. "Non-structural" BMPs are measures to reduce pollution levels through managerial measures that reduce impacts through sound planning, design, or operational standards. Non-structural BMPs do not require extensive construction efforts, but they do promote pollutant reduction by eliminating or reducing the pollutant source.
BETTER SITE DESIGN: Approaches and techniques used as non-structural BMPs that can reduce a site's impact on the watershed through the use of nonstructural stormwater management practices. Better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover, and using natural features for stormwater management.
HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as, but not limited to, 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.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act M.G.L. c. 131 § 40 and Massachusetts Clean Waters Act M.G.L. 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 and quality of runoff from a site.
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.
NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it transports natural and human-made pollutants, finally depositing them into wetland and/or water resource areas.
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 West Boylston, and any other legal entity, its legal representatives, agents, or assigns.
PRE-DEVELOPMENT: The conditions that exist prior to clearing or grading of a site at the time that plans for the land development of a tract of land are submitted to the town. 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.
POST-DEVELOPMENT: 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. Postdevelopment refers to the phase of a new development or redevelopment project after completion, and does not refer to the construction phase of a project.
RECHARGE: The replenishment of underground water reserves.
REDEVELOPMENT: Any construction, alteration, or improvement exceeding land disturbance of 10,000 (gross) square feet, where the existing land use is commercial or industrial.
A) STORMWATER AUTHORITY: The Town of West Boylston Stormwater Authority or its authorized designees. The Stormwater Authority or its designee is responsible for coordinating the review, approval and permit process as defined in this Bylaw. The Stormwater Authority shall be the West Boylston Director of Public Works. All powers granted to or duties imposed upon the Stormwater Authority are extended to the Stormwater Authority's designees. The Stormwater Authority's designees for various projects that disturb more than 10,000 square feet are as follows:
DESIGNEE |
PROJECTS DISTURBING MORE THAT 10,000 SQUARE FEET |
Planning Board |
Subdivisions, Site Plans |
Zoning Board of Appeals |
Special Permits, Variances, 40B |
Earth Removal Board |
Earth Removal Permits |
Conservation Commission |
Projects requiring an Order of Conditions that do not fall within the categories listed above |
Building Inspector |
Projects requiring a Building Permit that do not fall within the categories listed above |
STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the Town from the deleterious affects of uncontrolled and untreated stormwater runoff.
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