[HISTORY: Adopted by the Annual Town Meeting of the Town
of Newbury 5-26-2009 by Art. 29. Amendments noted where applicable.]
Regulation of activities that result in the disturbance of land
and the creation of stormwater runoff is necessary for the protection
of the Town of Newbury to safeguard the health, safety, and welfare
of the general public and protect the natural resources of the Town
of Newbury, including the water bodies and groundwater. The purpose
of this By-Law is to prevent or diminish these impacts by controlling
runoff and preventing soil erosion and sedimentation resulting from
site construction and development and to provide compliance with Newbury's
NPDES Permit Number: MAR041212/MA DEP Transmittal Number: W 040791.
(a)
The harmful impacts of soil erosion and sedimentation are:
01)
impairment of water quality and flow into lakes, ponds, streams,
rivers, coastal and marine waters and estuaries (314 CMR 4.00), wetlands
and groundwater;
02)
contamination of drinking water supplies;
03)
alteration or destruction of aquatic and wildlife habitat;
04)
flooding; and
05)
overloading or clogging of municipal catch basins and stormwater
drainage systems.
(b)
The objectives of this By-Law are:
01)
to prevent pollutants from entering the Town of Newbury municipal
separate storm sewer system (MS4) and to minimize discharge of pollutants
from the MS4;
02)
to protect water resources;
03)
to prohibit illicit connections and unauthorized discharges to the
MS4;
04)
to require the removal of all such illicit connections;
05)
to require practices that control the flow of stormwater from new
and redeveloped sites into the Town of Newbury's MS4 in order
to prevent flooding and erosion;
06)
to ensure that soil erosion and sedimentation control measures and
stormwater runoff control practices are incorporated into the site
planning and design process and are implemented and maintained;
07)
to require practices that control wastes such as concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality;
08)
to require that new development, redevelopment, and all land conversion
activities maintain runoff characteristics equal to or less than predevelopment
runoff characteristics; provide groundwater recharge; reduce flooding,
stream bank erosion, siltation, nonpoint source pollution and property
damage; and maintain the integrity of streams, channels and aquatic
and wildlife habitats;
09)
to require site designs that minimize non-point
source pollution from stormwater runoff which would otherwise degrade
water quality;
10)
to require site designs that incorporate "low-impact development"
(LID) practices for the construction and use of structural stormwater
control facilities that can be used to meet minimum construction/alteration
and post-development stormwater management, stormwater site design
practices or LID practices, such as reducing impervious cover and
the preservation of open space and other natural areas, to the maximum
extent practicable;
11)
to require construction/alteration and post-development storm water
management standards and design criteria for the regulation and control
of stormwater runoff quality and quantity;
12)
to require provisions for the long-term responsibility and maintenance
of structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety;
13)
to comply with state and federal statutes and regulations relating
to stormwater discharges;
14)
to establish the Town of Newbury as the legal authority to ensure
and enforce compliance with the provisions of this By-Law through
inspection, monitoring, and enforcement;
15)
to establish decision-making processes relative to the land-disturbing
development activities that protect the integrity of all surface and
groundwaters, promote groundwater recharge and preserve the health
of wetland and water resources; and
16)
to establish provisions that ensure that there is an adequate funding
mechanism, including surety, for the proper review, inspection, and
long-term maintenance of stormwater facilities implemented as part
of this By-Law.
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aqua-cultural use, as defined by the Massachusetts Wetlands Protection
Act G.L. c. 131, § 40, and its implementing regulations.
An activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater in the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department or political subdivision
of the Commonwealth or the Federal government, to the extent permitted
by law, requesting a soil erosion and sediment control permit for
proposed land-disturbance activity.
The Conservation Commission, its employees or agents designated
to enforce this By-Law.
[Amended 5-20-2014 ATM, Art. 22]
An activity, procedure, restraint, or structural improvement
that is recognized to be the most effective and practical means to
reduce the quantity or improve the quality of stormwater runoff.
The Atlantic Ocean and all contiguous saline bays, inlets,
and harbors within the jurisdiction of the Commonwealth, including
areas where fresh and salt waters mix and tidal effects are evident,
or any partially enclosed body of water where the tide meets the current
of a stream or river (314 CMR 10.0).
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
Any activity that removes the vegetative surface cover, including,
but not limited to, grubbing.
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.
Town's authorized agent to enforce construction and
post construction stormwater run-off controls as specified in the
Stormwater Management Rules and Regulations.[1]
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.
A document containing narrative, drawings, and details which
includes BMP's, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbances. The plan is required as part of the application
for a Stormwater Management Permit.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this By-Law.
Direct or indirect discharge to the municipal storm drainage system, that is not composed entirely of stormwater, except as exempted in § 87-4(d). The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 87-4(d).
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and roof
tops. Impervious surface also includes soils, gravel driveways, and
similar surfaces with a high runoff coefficient (Rational Method),
as determined by the Conservation Commission.
[Amended 5-20-2014 ATM, Art. 22]
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
A Stormwater Management approach and set of practices incorporated
into development or redevelopment designs to reduce runoff and pollutant
loadings in the runoff as close to its source(s) as possible that
protect downstream resources from adverse degradation while minimizing
the extent of clearing and maximizing groundwater recharge.
(G.L. c. 131A) and its implementing regulations at (321 CMR
10.00) that prohibit the "taking" of any rare plant or animal species
listed as Endangered, Threatened, or of Special Concern.
The Regulations as contained within the Massachusetts Wetlands
Protection Regulations (310 CMR 10.00) and Massachusetts 401 Water
Quality Certificate Regulations (314 CMR 9.00).
The various systems 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 Newbury.
Permit required by the EPA for construction activities that
disturb one acre or more of land, either by itself or as part of a
larger development. Permit requires a Notice of Intent (NOI) to be
submitted to the EPA and the development of a Stormwater Pollution
Prevention Plan (SWPPP).
The area within Newbury identified by the U.S. Environmental
Protection Agency as "Designated MS4 Area" under the NPDES Phase II
Stormwater Program. See map entitled, "NPDES Phase II Stormwater Program
Automatically Designated MS4 Areas, Newbury, Massachusetts" as may
be amended.
Pollution of surface or groundwater supplies originating
from land use activities and/or the atmosphere, having no well-defined
point of entry.
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.
The point at which stormwater flows from a discernible, confined
and discrete point source into waters of the Commonwealth.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any element or property of sewage, agricultural, industrial,
or commercial waste, runoff, leachate, heated effluent, or other matter
in whatever form, and whether originating at a point or introduced
into any sewerage system, treatment works, wetlands or waters of the
Commonwealth.
All activity in preparation for construction.
Estimated habitats delineated for state-protected rare wildlife
and certified vernal pools for use with the Wetlands Protection Act
Regulations (c. 310 CMR 10.00), Priority Habitats, for use with the
MA Endangered Species Act Regulations (c. 321 CMR 10.00) and the Forest
Cutting Practices Act Regulations (304 CMR 11.00).
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot, parcel of land, or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
Rainfall runoff, snow melt runoff, and surface water runoff
and drainage.
A permit issued by the Conservation Commission, after review
of an application, plans, calculations, and other supporting documents
designed to protect the environment of the Town from the deleterious
effects of uncontrolled and untreated stormwater runoff.
[Amended 5-20-2014 ATM, Art. 22]
A plan required as part of the application for a Stormwater
Management Permit. A document containing narrative, drawings and details
that include best management practices, or equivalent measures designed
to control surface runoff, erosion and sedimentation and illicit connections
during pre-construction and construction related land disturbance
activities.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Material, including, but not limited to, silts, sediments
and particulates suspended in stormwater runoff.
A confined basin depression which, at least in most years,
holds water for a minimum of two continuous months during the spring
and/or summer, and which are free of adult fish populations. These
areas are essential breeding habitat, and provide other extremely
important wildlife habitat functions during non-breeding season as
well, for a variety of amphibian species such as wood frog (Rana sylvatica)
and the spotted salamander (Ambystoma macultum), and are important
habitat for other wildlife species.
A natural or man-man channel through which water flows, including
a river, brook, stream, underground stream, pond or lake.
Systematic application of standards to describe water pursuant
to the Massachusetts Surface Water Quality Standards (314 CMR 4.00).
Area specified in the Massachusetts Wetlands Protection Act G.L. c. 131, § 40 and the Town's Wetlands By-Law (Chapter 95).
(a)
This By-Law is adopted under authority granted by the Home Rule Amendment
of the Massachusetts Constitution, the Home Rule statutes, and pursuant
to the regulations of the federal Clean Water Act found at 40 CFR
122.34
(b)
Nothing in this By-Law is intended to replace the requirements of
any other By-Law that has been or may be adopted by the Town of Newbury.
(a)
This bylaw applies to 1) all properties in Newbury, and 2) all activities
that alter or disturb any land area equal to or greater than one acre,
or less than one acre that is part of a larger common plan of development
or sale, that will ultimately alter or disturb any land equal to or
greater than one acre that drains into the Town of Newbury MS4.
[Amended 5-20-2014 ATM, Art. 22; 4-24-2018 ATM, Art. 21]
(b)
In addition, as authorized in the Phase II Small MS4 General Permit
for Massachusetts, storm water discharges resulting from the above
activities that are subject to jurisdiction under the Wetlands Protection
Act and demonstrate compliance with the Massachusetts Storm Water
Management Regulations as reflected in a final Order of Conditions
issued by the Conservation Commission or the Department of Environmental
Protection are exempt from compliance with this By-Law.
(c)
No person may alter or disturb any land equal to or greater than
one acre, or less than one acre that is part of a larger common plan
of development or sale, that will ultimately alter or disturb any
land equal to or greater than one acre that drains into the Town of
Newbury MS4 without a Stormwater Management Permit from the Conservation
Commission.
[Amended 5-20-2014 ATM, Art. 22]
(d)
Activities that meet the definitions of alteration or disturbance
of land that are exempt from requiring a Stormwater Management Permit
are:
[Amended 5-20-2014 ATM,
Art. 22; 4-24-2018 ATM, Art. 21]
01)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulations 310 CMR 10.04 and
MGL Chapter 40A, section 3;
02)
Maintenance of existing landscaping, gardens, or lawn areas associated
with a single family dwelling provided such maintenance does not include
the addition of more that 100 cubic yards of soil material, or alteration
of drainage patterns;
03)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
04)
Normal maintenance of Town owned public land, ways, and appurtenances,
including minor road repair, emergency repairs to any stormwater management
facility or practice that poses a threat to public health or safety,
or further maintenance activities as deemed necessary by the Conservation
Commission.
05)
Activities that are subject to jurisdiction under the Wetlands Protection
Act and demonstrate compliance with the Massachusetts Storm Water
Management Regulations as reflected in an Order of Conditions issued
by the Conservation Commission;
06)
Water line flushing;
07)
Construction activities that receive a waiver from EPA under the
provisions of 40 CFR § 122.26 (b) (15) (i) as included in
Newbury's NPDES Permit identified above in (1) Purpose.
08)
Construction of utilities other than drainage (e.g. gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns;
09)
Emergency work to protect life, limb, or property.
[Added 4-24-2018 ATM,
Art. 21[1]]
All Illicit Connections and Illicit Discharges shall be prohibited.
In the event any Illicit Discharge or Illicit Connection exists prior
to the adoption of this bylaw it shall immediately cease and be removed.
[Amended 5-20-2014 ATM, Art. 22]
(a)
The Conservation Commission shall administer, implement and enforce
this By-Law. Any powers granted to, or duties imposed upon, the Conservation
Commission may be delegated in writing by the Conservation Commission
or its authorized agent to such individual or individuals as the Board
or its agent may, from time to time, deem appropriate.
(b)
Waiver. The Conservation Commission may waive strict compliance with
any requirement of this By-Law or the rules and regulations promulgated
hereunder, where such action:
(c)
Public Hearing. The Conservation Commission shall hold a public hearing
within sixty-five (65) days of the receipt of a complete application
and shall take final action within ninety (90) days from the time
of the close of the hearing unless such time is extended by agreement
between the applicant and the Permit Authority. Notice of the public
hearing shall be given by publication and posting and by certified
mail or certificates of mailing at the Applicant's expense to
abutters at least fourteen (14) days prior to the hearing. The Conservation
Commission shall make the application available for inspection by
the public during business hours at the Newbury Town Hall.
(d)
Information requests. The applicant shall submit all additional information
requested by the Conservation Commission to issue a decision on the
application.
(e)
The Conservation Commission may;
01)
Approve the SMP (Stormwater Management Permit) Application and issue
a permit if it finds that the proposed plan will protect water resources
and meets the objectives and requirements of this By-Law;
02)
Approve the Stormwater Management Permit Application and issue a
permit with conditions, modifications or restrictions that the Conservation
Commission determines are required to ensure that the project will
protect water resources and meets the objectives and requirements
of this By-Law;
03)
Disapprove the Stormwater Management Permit Application and deny
the permit if it finds that the proposed plan will not protect water
resources or fails to meet the objectives and requirements of this
By-Law.
(f)
Failure of the Conservation Commission to take final action. Failure
of the Conservation Commission to take final action upon an Application
within the time specified above shall be deemed to be approval of
said Application. Upon certification by the Town Clerk that the allowed
time has passed without the Conservation Commission's action,
the Stormwater Management Permit shall be issued by the Town Clerk.
[Amended 5-20-2014 ATM, Art. 22]
(a)
The Conservation Commission shall adopt, and periodically amend rules
and regulations to effectuate the purposes of this By-Law. Failure
by the Conservation Commission to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this By-Law.
The Rules and Regulations shall include, at a minimum, Permits and
Procedural Requirements; Stormwater Management Plan Requirements;
Operation and Maintenance Plan Requirements, etc.
[Amended 5-20-2014 ATM, Art. 22]
(a)
Fees: Stormwater Management review fees shall be governed and set
by the Conservation Commission and shall be assessed to the owner
and/or the applicant. Such fees may include a deposit for review by
a consultant selected by the Town. The amount of fees shall be as
listed in the Stormwater Management Rules and Regulations[1] and administered in accordance with § 117-46 through § 117-48 of the Town's Regulations for the Subdivision of Land.
[Amended 5-20-2014 ATM, Art. 22]
(a)
The Conservation Commission or its authorized agent shall enforce
this By-Law, regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations,
in accordance with the regulations.
(b)
Any person violating any provision of this By-Law may be fined $300.00
for each offense. Each day such violation continues shall constitute
a separate offense. Fines may be levied pursuant to G.L. c. 40, § 21,
or, in the alternative, the Conservation Commission, its authorized
agents, police officers, or any other person having police powers,
may impose such specified penalties pursuant to the non-criminal disposition
provisions set forth in G.L. c. 40, § 21D.
(a)
If any provision, paragraph, sentence, or clause of this By-Law shall
be held invalid for any reason, all other provisions shall continue
in full force and effect.[1]
[1]
Editor’s Note: An Appendix A followed this section.
Appendix A consists of a map created 11-18-2002 entitled "NPDES Phase
II Stormwater Program Automatically Designated MS4 Areas, Newbury,
Massachusetts." Said map is on file in the Town offices.
