BY-LAW COMMITTEE
Marjorie A. Cooper, Chairman
Justina R. Lachapelle
John Kachadorian
Ruth White Kaminski, Clerk
The
expanded bylaw Storm Water Committee met at 7 p.m. on April 30, 2007 at the
Leicester Police Station with the following persons present: Ed Himlan, Mass Watershed Coalition; Marjorie
Cooper, Bylaw Committee Chairperson; Mary Ellen Brosnihan, Conservation Commission; Rob
O’Neil, Engineer; and
Those
not in attendance: Michelle Buck, Town Planner; Darlene O’Connor, Health Agent;
and Jim Coughlin, Highway Superintendent.
Mr.
Himlan opened the meeting and discussed the revised bylaw proposed for
Ed
pointed out that he added to purpose under section 1.0 sub section 1. “and overloading
or clogging of municipal drainage systems” per discussion at last meeting.
Also
added to section 3. Administration sub section d as discussed and requested by
Michelle Buck at the March meeting, “”or withdrawal without prejudice.”
Ed
mentioned that the sub sections were noted as being not in sequence at the
March meeting and that they were corrected in this draft.
Under
section 4. Applicability it was brought out at the last meeting by Michelle
Buck that the “lots under single ownership” needed further clarification. Ed mentioned that since Michelle was not
planning on attending this meeting he called her asking if she had come up with
acceptable wording. Michelle indicated
she had not had time to work on the wording.
This section of the current draft bylaw will be held until Michelle
reports back to the group.
Under
Section 4 Applicability sub section d) it was asked at the March meeting that
the following language be added which it was to sub section d) 1. “or less than 2,500 square feet if the
activity is within the Water Resources Protection Overlay.”
Under
sub section d) 3. also added was “and the town of
Under
definitions it was asked at the March meeting that a storm water credit
definition be added. Glenda Williamson
of the Conservation Commission felt at the time that the Duxbury bylaw
definition of such seemed appropriate.
After review Ed felt that the Duxbury definition was not the best for
the
Rob
generally discussed stormwater credits to those present.
Ed
felt that the applicant his/her engineer had the option of storm water credits
and if they opted for such it would be part of the stormwater plan and that
would need to be part of the regulations of the town bylaw. Model regulations for stormwater bylaws
should also include a storm water management plan, erosion and sedimentation
plan and most importantly an operational maintenance plan showing easements,
credits etc.
Rob
said that the roadway is what the bond is generally established for and if
individual lots tie into the stormwater drainage systems the track of
responsibility could be lost.
Ed
said that the stormwater permit requires surety so that the town does not get
stuck for stormwater management costs as outlined in the stormwater plan.
Ed
passed out a town of
A
lengthy discussion ensued regarding the reality of the responsibility for maintenance.
Rob
said that the 3 most important things in all of this are 1) good design, 2)
good construction and 3) long term maintenance.
It
was agreed that the group would concentrate on the regulations at the next
meeting as it was the consensus that the draft discussed (and attached) at this
point is complete with exception of that which is waiting for Michelle Buck’s
definition.
Section
5 Stormwater management permits were discussed by those present.
The
Stormwater bylaw will not be in effect until the regulations are written. It was felt by all that the regulations
should be written when the bylaw is presented at town meeting and they should
be presented together.
At
the March meeting it was noted that Section 3. Administration referred to MGL Ch249
section 4 which pertains to superior court actions and that said MGL section
should be reviewed by the group. MGL Ch
249 section 4 was presented and is attached to these minutes and was reviewed
by the committee.
The
State Stormwater regulations are being amended and Rob read from his review of
the revisions being proposed. A summary
of revisions was distributed to those present and is attached to the minutes.
Rob
felt that the catch basin to retention to meet the 85% rule now may require
something else, another level and that this was worth watching.
Ed told those present that the public hearing on the proposed storm water
regulation revisions will be held Tuesday at the Worcester DEP offices from
2:30-5. Rob may attend.
It
was also mentioned that a new standard #10 requiring removal of elicit
discharge which is anything non storm water related will be added. This does not include swimming pool water,
individual car wash water etc. Rob read
from the regulation proposal for all present.
It
was also noted that if the regulations are proposed as planned the Conservation
Commission will need to add a phrase to their Order of Conditions regarding
stormwater discharge.
Ruth
will be attending meetings of town boards and commissions along with other
committee members to bring the stormwater campaign to their attention.
Rob
suggested that the town
A
general discussion of good stormwater management practice examples in and
around our area was held. It was felt
that there are not a great number of good examples at this time but all felt
that this would dramatically change in the next 5 years.
Rob
said he met with Jim Coughlin, Highway Superintendent about the possibility of
a trial rain guard. He explained that
snow plowing is an issue as well as maintenance. Vegetative growth was discussed and the
paving of roadway islands.
Members
present had expressed that they had hoped Jim Coughlin would be present for
these discussions.
Ruth
will send Justina Educational Materials as she will be taking over the public
relations campaign in the schools.
Next
meeting to be held May 31, 2007 at 7 p.m. for the purpose of starting work on
the regulations to go with the Storm Water Bylaw (draft of sample regulations
attached to minutes). Marjorie will post
and gain meeting room access.
The
minutes of the March 28, 2007 meeting were approved.
With
no further business to come before the group adjournment took place at 8:45
p.m.
Respectfully submitted,
Ruth Kaminski
Ruth Kaminski, member/clerk
Cc: SWM
sub group
Bylaw
committee
Town Administrator
Town of
Introduction
Land uses in
1.0
PURPOSE
The purpose of this Bylaw is to protect the public health,
safety, and welfare by establishing requirements to better manage stormwater
runoff from new development and redevelopment.
This Bylaw seeks to meet that purpose through the following
objectives:
1.
Establish stormwater management standards and design criteria
that will prevent or reduce flooding, stream erosion, pollution, property
damage, harm to aquatic life, and overloading or clogging of municipal drainage
systems.
2.
Encourage the use of
“low-impact development practices”, such as reducing the amount of
impervious area and preserving existing vegetation;
3.
Ensure that stormwater management practices will be
well-maintained and will continue to function as intended;
4.
Establish procedures for issuance of stormwater management
permits and for the Town’s inspection of approved stormwater treatment
practices.
2.0
DEFINITIONS
Definitions in Appendix A of this Bylaw 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.
3.0
ADMINISTRATION
A) The [Planning Board] shall administer, implement and enforce
this Bylaw. Any powers granted to or
duties imposed on the [Planning Board]
may be delegated in writing by the [Planning
Board] to its employees or agents, as defined in the regulations adopted
for this Bylaw.
B) Regulations.
The [Planning Board] may adopt and amend rules and regulations for
administration of this Bylaw by majority vote of the [Planning Board], after conducting a public hearing to
receive comments. Such hearing dates
shall be advertised in a newspaper of general local circulation, at least
fourteen (14) days prior to the hearing date.
C) Stormwater
Management Manual. The [Planning
Board] will use specifications and standards that are consistent with the
Massachusetts Stormwater Management Policy.
This Policy provides criteria for stormwater treatment practices, which
are based on engineering, science, monitoring, and maintenance experience. Stormwater treatment practices that are
designed, constructed and maintained in accord with these design and sizing
criteria will be presumed to be protective of
D) Actions by the [Planning Board]. The [Planning Board] may take any of the
following actions after reviewing an application for a Stormwater Management
Permit - Approval, Approval with Conditions, Disapproval, or Withdrawal without
Prejudice.
E) Appeals. A decision of the [Planning Board] shall be final.
Further relief of a decision by the [Planning
Board] 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) Stormwater
Credit System. The [Planning Board] may adopt a
Stormwater Credit System, as part of the Regulations authorized by this
Bylaw. This credit system will allow
applicants the option to use low-impact practices to improve the amount and quality
of stormwater runoff.
4.0
APPLICABILITY
A)
This
Bylaw shall apply to proposed new development including residential
subdivisions, site plan applications, commercial uses, multi-family dwellings, and more
than four houses that are built on contiguous lots under single ownership
(wording to be reconsidered) on an accepted Town street.
This Bylaw shall also apply to other activities
that will increase the amount of stormwater runoff or pollutants from a parcel
of land, or that will
alter the drainage characteristics of a parcel of land, unless the activity is listed as an
exemption under Section 4.D of this Bylaw.
All new development and redevelopment under the jurisdiction
of this Bylaw shall be required to obtain a Stormwater Management Permit from the [Planning Board].
B)
Redevelopment projects will fulfill the Bylaw requirements if
the amount and quality of stormwater is improved from existing conditions. Where site conditions prevent reduction in
impervious area, stormwater treatment shall improve runoff, as determined by
the [Planning Board].
C)
The redevelopment or conversion of land to an
automotive salvage yard, fueling facility, storage yard or commercial parking
lot, or storage area for road salt or hazardous substances, or other land use
with greater potential for pollution, as defined by the Massachusetts
Stormwater Policy or the Bylaw regulations, shall require a Stormwater
Management Permit.
D)
Exemptions. No
person shall alter land within the Town of
1. Any
activity that will affect an area less than 10,000 square feet, or less than
2,500 square feet if the activity is within the Water Resources Protection
Overlay.
2.
Normal maintenance and improvement of land in
agricultural use, or the conversion of land to agricultural use for crops
and/or pasture;
3.
Timber
harvesting under an approved Forest Cutting Plan as defined by the Forest
Cutting Practices Act regulation 304 CMR 11.00 and MGL Chapter 132
Sections 40 through 46, and the Town of
4. Construction of a single-family
dwelling, where
“approval is not required” (ANR), as defined in the Subdivision Control Act. Persons constructing a
single-family dwelling are encouraged to use stormwater practices and site
planning methods to be described in the Town of
5.
Maintenance of landscaping, gardens or lawn areas
associated with residential uses;
6. Construction of a house addition,
garage, deck, patio, retaining wall, shed, swimming pool, tennis or basketball
court associated with residential uses;
7.
Repair or replacement of a roof of an existing building;
8. Repair or replacement of an existing
septic system;
9. The construction of any fence that
will not alter existing terrain or drainage patterns;
10. Construction of utilities (gas,
water, electric, telephone, etc.) other than drainage, which will not alter
terrain, ground cover, or drainage patterns;
11. Emergency repairs to any stormwater
management practice that poses a threat to public health or safety, or as
deemed necessary by the [Planning Board];
12. Any work or projects for which all
necessary approvals and permits have been issued before the effective date of
this Bylaw.
5.0
STORMWATER
MANAGEMENT PERMITS
The Permit Application shall be
filed with the [Planning Board], and
copies shall be provided to other Town Boards, as defined in the regulations
adopted for this Bylaw. The permit
application shall include information that describes stormwater management
practices, including sediment and erosion controls, which will be installed and
maintained. Specifications for the
application form and the stormwater management information shall be part of the
rules and regulations adopted under Section 4 of this Bylaw.
Nothing in this Bylaw is intended to replace the
requirements of the Town of
The Stormwater Management Permits will not go into effect
until the regulations are adopted by the [Planning
Board], as provided in Section 3.0 B of this Bylaw.
6.0
ENFORCEMENT
The [Planning
Board] or its authorized agent shall enforce this Bylaw and may
pursue all civil and criminal remedies for violations. Enforcement shall be further defined as part
of the rules and regulations adopted under Section 4 of this Bylaw.
7.0
AUTHORITY
This Bylaw is adopted under the
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
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.
APPENDIX A DEFINITIONS
ALTER: Any activity, which will measurably change
the ability of a ground surface area to absorb water or will change existing
surface drainage patterns.
STORMWATER MANAGEMENT PRACTICES: Structures and techniques that prevent
flooding, reduce pollution, and protect local rivers, streams, lakes and water
supplies.
BETTER SITE DESIGN:
Site design techniques that can reduce environmental impacts, such as
protecting existing vegetation, reducing impervious areas, and using natural
drainageways for stormwater management.
IMPERVIOUS AREA: A material or a structure that prevents
water from entering the underlying soil, such as paved parking lots, paved
roads, sidewalks, and buildings.
PERSON: Any individual, group of individuals,
association, partnership, corporation, company, trust, estate, a political
subdivision of the Commonwealth or the federal government, to the extent
subject to the Bylaws of the Town of Leicester.
PRE-DEVELOPMENT: The conditions that exist at the time that
plans for the land development of a tract of land are submitted to the [Planning Board]. 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 after completion of the land development activity on a specific site
or tract of land. Post-development does not refer to the construction phase of
a project.
REDEVELOPMENT: Any construction, alteration, or
improvement exceeding land disturbance of 10,000 square feet, where the
existing land use is commercial, or institutional.
[PLANNING BOARD]: the Town of
STORMWATER MANAGEMENT
PERMITS (SMP): A permit issued by the [Planning Board], which protects the
streams, lakes and water supplies in the Town from the adverse affects of
uncontrolled and untreated stormwater runoff.
STORMWATER CREDIT
SYSTEM: Stormwater credits for reduction of runoff from impervious areas to allow
smaller volumes required for stormwater storage. These site design techniques can help reduce
the size and cost of stormwater collection systems and detention basins.
Summary of Stormwater Credit System for Draft Bylaw (Section 3.0 F)
Current
stormwater management criteria in
Non-structural practices are increasingly recognized as very effective stormwater management methods that can be achieved through site design. In most cases, non-structural practices will need to be combined with structural practices to meet stormwater management requirements.
The key benefit of non-structural practices is that these reduce the amount of stormwater runoff from the site. In addition, they can provide partial removal of many pollutants and contribute to groundwater recharge. Four examples of non-structural stormwater credits are:
· Disconnection of Rooftop Runoff
· Stream Buffers (natural vegetative areas that filter stormwater runoff)
· Grass Channels
· Environmentally Sensitive Development
Towns may need to update local subdivision regulations and/or zoning bylaws to ensure that the credit will be applicable. In addition, the state Department of Environmental Protection (DEP) can verify that the volume reductions of stormwater credits are consistent with the Massachusetts Stormwater Management Policy.
The use of stormwater credits does not relieve the design engineer or reviewer from the standard of engineering associated with safe conveyance of stormwater runoff and good drainage design.
Massachusetts General Law reference for Stormwater
Bylaw
Draft Stormwater Bylaw
Section 3.0 Administration
E) Appeals. A decision of the [Planning Board] shall be final.
Further relief of a decision by the [Planning
Board] 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.
M.G.L. Chapter 249: Section 4. Action in the nature of certiorari; limitation; joinder of party defendant; injunction; judgment
Section 4. A civil action in the nature of certiorari to correct errors in proceedings which are not according to the course of the common law, which proceedings are not otherwise reviewable by motion or by appeal, may be brought in the supreme judicial or superior court or, if the matter involves any right, title or interest in land, or arises under or involves the subdivision control law, the zoning act or municipal zoning, or subdivision ordinances, by-laws or regulations, in the land court or, if the matter involves fence viewers, in the district court. Such action shall be commenced within sixty days next after the proceeding complained of. Where such an action is brought against a body or officer exercising judicial or quasi-judicial functions to prevent the body or officer from proceeding in favor of another party, or is brought with relation to proceedings already taken, such other party may be joined as a party defendant by the plaintiff or on motion of the defendant body or officer or by application to intervene. Such other party may file a separate answer or adopt the pleadings of the body or officer. The court may at any time after the commencement of the action issue an injunction and order the record of the proceedings complained of brought before it. The court may enter judgment quashing or affirming such proceedings or such other judgment as justice may require.
Excerpts of Proposed
Changes to MA Stormwater Management Standards
In
1996, the Massachusetts Department of Environmental Protection (the
“Department” or “MassDEP”) issued the Stormwater Policy that established
Stormwater Management Standards aimed at encouraging recharge and preventing
stormwater discharges from causing or contributing to the pollution of the
surface waters and ground waters of the Commonwealth. …
For the past year, MassDEP has been working … to
promote increased stormwater recharge, low impact development techniques, the
removal of illicit discharges to stormwater management systems and improved
operation and maintenance of stormwater best management practices. This effort
has led to proposed changes to the Stormwater Management Standards, the
addition of Standard 10 requiring the removal of illicit discharges and the
plan to revise the Massachusetts Stormwater Handbook. The revised Stormwater
Management Standards that are proposed for inclusion in 310 CMR 10.00 and 314
CMR 9.00 can be found below.
1.
No new stormwater
conveyances (e.g. outfalls) may discharge untreated stormwater directly to or
cause erosion in wetlands or waters of the Commonwealth.
2.
Stormwater
management systems shall be designed so that post-development peak discharge
rates do not exceed pre-development peak discharge rates. This Standard may be waived for discharges to
land subject to coastal storm flowage as defined in 310 CMR 10.04.
3.
Loss of annual
recharge to ground water shall be eliminated or minimized to the maximum extent
practicable through the use of infiltration measures including environmentally
sensitive site design, low impact development techniques, stormwater best
management practices, and good operation and maintenance. At a minimum, the
annual recharge … shall approximate the annual recharge from the
pre-development or existing conditions.
… [however] infiltration of stormwater runoff from land uses with higher
potential pollutant loads near or to a critical area is prohibited. …
4.
Stormwater
management systems shall be designed to remove 80% of the average annual
post-construction load of Total Suspended Solids (TSS). This standard is met when:
a.
Suitable practices for source control and pollution prevention are identified
in a long- term pollution prevention plan, and thereafter are implemented and
maintained;
b. Stormwater best
management practices are sized to capture the prescribed runoff volume;
c. Pretreatment is provided in accordance with the
Massachusetts Stormwater Handbook; and
d. Stormwater best management practices are maintained
as designed.
5.
Stormwater
discharges from land uses with higher potential pollutant loads require the use
of the specific source control and pollution prevention measures and the
specific stormwater best management practices approved by the Department for
such use.
6.
Stormwater
discharges near or to critical areas require the use of the specific source
control and pollution measures and the specific stormwater best management
practices approved by the Department for managing stormwater discharges to
critical areas.
7.
Projects for the
redevelopment of previously developed sites shall meet Standards 2 through 6 to
the maximum extent practicable and shall fully comply with Standards 1, and 8
through 10. Proponents of projects for
the redevelopment of previously developed sites shall develop and implement a
long-term pollution prevention plan that fully complies with the requirements
of Standards 4 through 6. All
redevelopment projects shall also improve existing conditions.
8.
A plan to control
construction related impacts including erosion, sedimentation and other pollutant
sources during construction and land disturbance activities … shall be
developed and implemented.
9.
A long-term
operation and maintenance plan shall be developed and implemented to ensure
that stormwater management systems function as designed.
10.
All illicit
discharges to the stormwater management system are prohibited.
Applicability
Stormwater
runoff from all industrial, commercial, institutional, residential and road
projects … and all point source stormwater discharges from said projects shall
be managed according to the Stormwater Management Standards.
The
Stormwater Management Standards do not apply to:
(1)
Single-family
house projects;
(2)
Residential
subdivisions of single-family dwellings with four or fewer lots, provided that
there are no stormwater discharges that may potentially affect a critical area[1];
(3)
Multi-family
housing development and redevelopment projects with four or fewer units …
provided that there are no stormwater discharges that may potentially affect a
critical area; and
(4)
Emergency repairs
to roads or their drainage systems.
The Stormwater Management
Standards apply to the maximum extent practicable to:
(1)
Residential
subdivisions of single-family dwellings, with four or fewer lots, that have a
stormwater discharge that may potentially affect a critical area;
(2)
Multi-family
housing development and redevelopment projects, with four or fewer units … that
have a stormwater discharge that may potentially affect a critical area:
(3)
Residential
subdivisions of single-family dwellings, with five to nine lots, provided there
is no stormwater discharge that may potentially affect a critical area; and
(4)
Multi-family
housing projects with five to nine units, including condominiums, cooperatives,
apartment buildings, and townhouses, provided there is no stormwater discharge
that may potentially affect a critical area.
For phased projects, the
determination of whether the Stormwater Management Standards apply is made on
the entire project as a whole including all phases. …
Environmentally Sensitive Site Design and Low Impact Development Techniques
Proponents of projects
subject to the Stormwater Management Standards must consider environmentally
sensitive design and low impact development (LID) techniques to manage
stormwater. Proponents shall consider
designs that reduce impervious surfaces (roads, driveways, and parking lots)
and employ decentralized stormwater management systems that involve the
installation of a number of small treatment and infiltration devices throughout
the site in place of a centralized system comprised of closed pipes that direct
all the drainage from the entire site into one large detention basin.
MassDEP
is establishing an “LID Site Design Credit” to encourage developers to
incorporate LID techniques in their developments. In exchange for directing runoff from roads
and driveways to vegetated open areas, preserving open space with a
conservation restriction or directing rooftop runoff to land-scaped or
undisturbed areas, MassDEP allows developers to reduce reliance on traditional
stormwater BMPs.
Incorporating
environmentally sensitive design that uses the land to filter and recharge the
water back into the ground and that reduces the amount of impervious areas is a
critical first step in creating sustainable development. Inspired by EOEA’s Smart Growth Toolkit,
MassDEP believes that the LID Site Design Credit protects our natural
resources, encourages cluster development and reduces the environmental impacts
of growth. By using this credit, proponents will be able to reduce the volume
of stormwater subject to Standard 3-the Recharge Standard, and Standard 4- the
Water Quality Standard.
DRAFT Executive Summary of Model Stormwater Regulations FOR REVIEW FOR
5/31/07 meeting
1.0 PURPOSE: The
purpose of the Regulations is to protect the public health, safety and welfare
by establishing requirements for new development and redevelopment, which will
manage stormwater runoff and prevent water pollution, as provided by the
Stormwater Management Bylaw.
2.0 DEFINITIONS: This
section will supply definitions that apply to these Stormwater Regulations.
Terms not defined in this section shall be construed according to their
customary and usual meaning unless the context indicates a special or technical
meaning.
3.0 AUTHORITY:
These Regulations are adopted to administer the
Stormwater Bylaw, and may be amended in accordance with the procedures provided
by the Stormwater Bylaw. These
regulations do not replace provisions of the Leicester Flood Plain District, Water Resources Protection Overlay District,
and Wetland Bylaw, and the regulations adopted to administer those bylaws.
4.0 ADMINISTRATION: The [Stormwater Authority] shall administer these Regulations. Other
Town Boards that adopt these regulations shall have authority to approve
stormwater permits. Those Boards must
report an approved stormwater application to the [Stormwater Authority] within [10
business days] of approval. Upon
receipt of written approval from another Board, the [Stormwater Authority] shall issue the permit to the applicant
within [10 business days].
5.0 APPLICABILITY: These
Regulations apply to new development and redevelopment that is not
exempt under the Bylaw.
Projects and/or activities that are not exempt must obtain a permit from
the [Stormwater Authority]. If the permit application is reviewed by
other Boards that adopt these regulations, the application requirements, public
notices, and fees of that board shall govern.
6.0 PERMIT PROCEDURES AND REQUIREMENTS: Projects requiring a permit shall
submit the materials specified in this section, and meet the stormwater
management criteria specified in Section 7.
Permit applications shall include a Stormwater Management Plan, and an
Operations and Maintenance Plan, as part of the required information for the
review of the proposed project or activity.
Applicants shall not receive any
building or land development permits until the stormwater permit is
issued. The project shall begin within [180 days] after issuance of the
stormwater permit. If the project does
not begin within [180 days] and the [Stormwater Authority] finds that the
approved Stormwater Management Plan is no longer valid, the applicant shall
submit a modified Plan that requires approval prior to the commencement of
land-disturbing activities.
The
applicant shall file [three] copies
of an application for a Stormwater Management Permit (SMP). The SMP Application package shall include:
a.
A completed application form with original signatures
of all owners;
b. A list of
abutters, certified by the Assessors Office, including owners of land within
300 feet of the property line of the applicant, including any in another
municipality;
c.
Stormwater Management Plan and project description;
d. Operation
and Maintenance Plan;
e.
Payment of the application and review fees;
f.
Inspection and Maintenance agreement;
g. Erosion and
Sediment Control Plan;
h. Surety bond.
Filing an application for a permit
grants the [Stormwater Authority],
or its agent, permission to enter the site to verify the information in the
application and to inspect for compliance with the resulting permit.
Application
fees established by the [Stormwater
Authority] are required to
cover expenses for the review of the Stormwater Management Permit, including
professional services. The [Stormwater Authority] is authorized to
retain a Registered Engineer or other professional consultant to advise on
any aspects of the permit application.
Applicants must pay the following fees before the review process may begin:
a)
A non-refundable application fee of [$30.00], which shall be payable to the
Town of
b)
An “Engineering and Consultant Review Fee” for the
reasonable costs for services necessary to review the application. Any permit application shall include a
consultant fee acknowledgement form. Consultant fees shall be determined at the
time of project review.
c)
A fee to pay reasonable costs for the services of
Town Staff for application reviews. The [Stormwater Authority] may require a fee
of [$30.00] per hour for more than [two (2) hours] of review, inspection,
and monitoring time by Town personnel.
Public Hearings - The [Stormwater Authority] need not hold a public hearing for
applications that are not reviewed by Town Boards that adopt these regulations. For projects or activities within the
jurisdiction of delegated Town Boards, a public hearing shall be held in
accordance with the Board’s procedures.
Actions - The [Stormwater Authority] may take one of the following actions for a permit application: “approval”,
“approval with conditions”, “disapproval”, or “disapproval without
prejudice”. A written report of the
decision shall be made. The failure of
the [Stormwater Authority] to take
action within [30 days] of receipt of
a complete application shall be deemed approval of that application.
The permittee must notify the [Stormwater Authority] in writing before any change or alteration is made to a Stormwater
Management Permit. If the change or
alteration is significant, the [Stormwater
Authority] may require that an amended
application be filed.
Appeals - a decision by the [Stormwater
Authority] shall be reviewable in Superior
Court by an appeal filed within [60 days]
of the decision. An appeal of a decision
by a delegated Town Board shall be conducted under the applicable appeal
provisions of that Board. An approved
stormwater permit shall be revoked until the appeal process has been resolved.
Project Completion - the permittee shall submit as-built drawings of
all stormwater controls, which shall show any deviations from the approved
plans and be certified by a Registered Professional Engineer.
Stormwater Management Plan
Contents – A Stormwater Management
Plan submitted with the permit application shall contain sufficient information to evaluate
the environmental impact and effectiveness of the measures proposed for
reducing adverse impacts from stormwater runoff. This plan shall comply with the criteria
established in these regulations and must be submitted with the stamp and
signature of a Professional Engineer (PE) licensed in the Commonwealth of Massachusetts
The
Plan shall fully describe the project in drawings, narrative, and
calculations. It shall include:
·
contact information for the applicant; and the assessor’s
parcel number;
·
a locus map; existing zoning and land use; and the proposed
land use;
·
location of existing and proposed easements; location of
existing and proposed utilities;
·
site topography at 2 foot contours; and delineation of
100-year floodplains;
·
site hydrology; existing stormwater conveyances; and proposed
stormwater management system;
·
a drainage map and calculations for pre and post development
conditions;
·
soils information for locations of proposed stormwater
facilities;
·
vegetation to be used within and adjacent to the stormwater
facilities;
·
post-development analysis of downstream areas if deemed
necessary by the [Stormwater Authority].
Operation and Maintenance Plan - An
Operation and Maintenance plan (O&M Plan) is required for all stormwater
permits. The maintenance plan shall
ensure there is ongoing compliance with the permit and the Massachusetts
Surface Water Quality Standards in all seasons and throughout the life of the
system. The O&M Plan shall remain on
file with the [Stormwater Authority].
7.0 POST-DEVELOPMENT STORMWATER MANAGEMENT
CRITERIA
All
projects shall comply with the Massachusetts Stormwater Management Policy and
achieve the following performance standards (the [Stormwater
Authority] may approve more stringent standards):
No Untreated Discharges - Stormwater shall not be discharged
directly to a wetland, local water body, municipal drainage system, or abutting
property, without adequate treatment.
Channel Protection – The post-development peak
discharge rate from the 2-year storm event shall be equal to the
pre-development rate in order to prevent stream bank erosion and channel
degradation.
Construction Disturbance - A sediment and erosion control
plan shall show best management practices for site conditions, and minimize the
area of the land disturbance.
Flood Protection – The post-development peak discharge rate for the
10-year storm event shall be equal to the pre-development rate in order protect
downstream property. The 100-year storm
event shall be evaluated to demonstrate there will be no increased flooding
impacts off-site.
Groundwater Recharge – Post-development recharge shall mimic pre-development conditions.
Annual recharge rates shall be maintained by use of structural and non
structural management practices. The
stormwater runoff volume to be recharged shall be determined by methods in the
latest version of the Stormwater Management Handbook of the Massachusetts
Department of Environmental Protection.
Water Quality – Stormwater
treatment shall be based on design criteria in the Massachusetts DEP Stormwater
Management Handbook, and shall remove at least 80% of total suspended solids
(TSS).
Water Quality Volume – The volume for sizing a
structural stormwater facility shall designed according to criteria specified
by the Massachusetts DEP Stormwater Management Policy.
Sensitive Areas - Stormwater
discharges to swimming beaches, water supplies and other sensitive water
resources may be subject to special criteria established by the [Stormwater Authority] after conducting a public hearing in
accordance with the Stormwater Bylaw.
Hotspots - Stormwater discharges from land uses with higher
pollutant loadings, known as “hotspots”, require treatment practices specified
in the Massachusetts DEP Stormwater Management Handbook.
[Stormwater Credits - Improved site design
and nonstructural controls are encouraged to minimize use of structural
stormwater controls. The applicant may
request credit for site design practices that can reduce other requirements in
these regulations. The [Stormwater
Authority] may adopt criteria for site design practices that qualify as
stormwater credits.]
8.0 WAIVERS
The [Stormwater Authority] may waive strict
compliance with these regulations if: such action is allowed by federal, state
and local statutes; is in the public interest; and is consistent with the
purpose of the Stormwater Bylaw. Any
applicant may submit a written request for a waiver, accompanied by supporting
information explaining how the waiver will comply with the purpose of the
Stormwater Bylaw. All waiver requests
shall be acted on within [30 days]
and the [Stormwater Authority] will
provide a written decision. If additional information is required, the [Stormwater Authority] may extend the
review period. If the applicant objects
to an extension, or fails to provide the requested information, the waiver
request may be denied “without prejudice” by the [Stormwater Authority].
9.0 SURETY
The [Stormwater Authority] may require the
permittee to post a bond, cash, or other acceptable surety. The form of the bond shall be approved by
town counsel, in an amount deemed sufficient to ensure that the work will be
completed in accordance with the permit.
A portion of the bond may be released as each phase of the project is
completed in compliance with the permit, but the bond shall not be fully
released until the [Stormwater Authority]
has issued a Certificate of Completion.
10.0 CONSTRUCTION
INSPECTIONS
The applicant must notify the [Stormwater Authority] before starting a land disturbing activity.
The applicant must also notify the [Stormwater
Authority] before constructing the key components of the stormwater
management system.
At the discretion of the
[Stormwater Authority], inspections of the stormwater system construction
shall be conducted by the Town or a professional engineer approved by the [Stormwater Authority]. Written reports shall include: the inspection
date and location; evaluation of compliance with the stormwater permit; any
variations from approved specifications, or violations of the Stormwater
Management Plan.
At a minimum, inspections shall include: an initial site
inspection prior to permit approval; inspection of site erosion controls;
inspection of the stormwater system prior to backfilling of underground
drainage or conveyance structures; and a final inspection before the surety is
released. The stormwater system shall be
inspected to verify its as-built features, and the inspector shall also
evaluate the system during a storm event. If the inspector finds the system adequate,
this shall be reported to the [Stormwater
Authority] which will issue a Certificate of Completion.
If the system is found to be inadequate due to
operational failure, even though built according to the Stormwater Management
Plan, the system shall be corrected by the applicant. If the applicant fails to act, the [Stormwater Authority] may use the
surety bond to complete the work. If
the system does not comply with the Plan, the applicant shall be notified in
writing of the violation and the required corrective actions. A Stop Work Order
shall be issued until any violations are corrected and all work previously
completed has received approval by the [Stormwater Authority].
11.0 CERTIFICATE
OF COMPLETION
Upon completion, the applicant shall
certify that the project is in accordance with plan specifications and shall
provide inspections to adequately document compliance. The [Stormwater
Authority] will issue a letter certifying completion upon its receipt and
approval of the final inspection reports, and/or otherwise determining that all
work was completed in conformance with these regulations.
12.0 PERPETUAL INSPECTION AND MAINTENANCE
Structures and practices
used to manage stormwater shall be inspected to ensure compliance with
Operation and Maintenance Plan (O & M Plan) approved by the [Stormwater Authority]. The owner of the
property, or other person in control of such property, shall maintain in good
condition and promptly repair and restore all grade surfaces, walls, drains,
structures, vegetation, erosion controls, and other protective measures. Repairs and maintenance shall comply with the
approved O & M Plan.
At a minimum, inspections
shall occur during the first year of operation and every [three years] thereafter. An agreement between the property owner
and the [Stormwater Authority] shall
be executed for privately-owned stormwater systems, which specifies the
responsible party for conducting long term inspections.
Inspection reports shall be
submitted to and maintained by the [Stormwater
Authority]. Inspection reports shall include: the date of the inspection;
an evaluation of the condition of structures and practices used to manage
stormwater; and a description of any needed maintenance.
The inspection agreement shall allow
the [Stormwater Authority] or its
designee to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. Parties
responsible for the operation and maintenance of a stormwater management
facility shall provide records of all maintenance and repairs to the [Stormwater Authority], upon request, and shall retain those records for [five] years.
If a responsible person fails to
meet the requirements of the inspection agreement, the [Stormwater Authority] may take action to restore a stormwater
facility or practice after [30 days] written
notice. If the violation is an immediate
threat to public health or public safety, 24 hours notice shall be sufficient
prior to actions required to return the facility or practice to proper working
condition. The [Stormwater
Authority] may assess the owner(s) of the facility for the cost of repair
work which shall be a lien on the property.
13.0 ENFORCEMENT
The [Stormwater
Authority] or its designee shall
enforce these Regulations, and may pursue all remedies for violations,
including a written enforcement order.
If remediation is required, the order may set forth a deadline when work
shall be completed. Said order may advise
that failure to remedy violations may require the Town of
Any person
who violates the Stormwater Bylaw, or
any regulation, or permit issued thereunder, may be punished by a fine of not
more than [$______]. Each day or part thereof that such violation
continues shall constitute a separate offense. The decisions or orders of the [Stormwater Authority] may be appealed
to a court of competent jurisdiction.
The remedies described in these regulations do not exclude other
remedies available under any applicable federal, state or local law.
14.0 SEVERABILITY
The invalidity of any section, provision, paragraph,
sentence, or clause of these Regulations shall not invalidate any section,
provision, paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.