[HISTORY: Adopted by the Annual Town Meeting 5-18-2021 by Art. 29. Amendments noted
where applicable.]
A.
The purpose of this bylaw is to better manage land development and
redevelopment in order to protect, maintain, and enhance the public
health, safety, and general welfare of the citizens of Southwick by
establishing minimum requirements and procedures to control the adverse
impacts associated with stormwater runoff, and to promote adherence
to permit filing requirements for the U.S. Environmental Protection
Agency (EPA) mandated National Pollutant Discharge Elimination System
(NPDES) Phase II Program.
B.
The proper management of stormwater runoff will meet the following
objectives:
(1)
Reduce the adverse water quality impacts of stormwater discharges
to rivers, lakes, reservoirs, streams, and other bodies of water or
wetlands in order to meet or exceed federal water quality standards;
(2)
Prevent the discharge of pollutants, including hazardous chemicals,
into stormwater runoff;
(3)
Minimize the volume and rate of stormwater which is discharged to
rivers, streams, reservoirs, lakes, and storm sewers that flows from
any site during and following development or redevelopment;
(4)
Prevent erosion and sedimentation from land development or redevelopment,
and reduce stream channel erosion caused by increased runoff;
(5)
Provide for the non-polluted recharge of groundwater aquifers and
maintain the base flow of streams;
(6)
Provide stormwater facilities that are attractive, maintain the natural
integrity of the environment, and are designed to protect public safety;
(7)
Maintain or reduce pre-development runoff characteristics after development
to the extent feasible;
(8)
Minimize damage to public and private property from flooding; and
(9)
Ensure that these management controls are properly maintained.
The Planning Board shall administer and implement this bylaw.
Enforcement will be by the Director of the Department of Public Works.
Any powers granted to or duties imposed upon the Planning Board may
be delegated in writing by the Planning Board to its employees or
agents, or to the Director of the Department of Public Works or the
Conservation Commission after review by the Select Board.
Unless otherwise expressly stated, the following definitions
describe the meaning of the terms used in this bylaw:
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Same definition as definition in Chapter 140 of the Southwick Code Right to Farm bylaw.
The Planning Board, its employees or its agents designated
to administer this bylaw.
The Director of the Department of Public Works.
The best technologies currently available at that point in
time. These include, but are not limited to, structural or biological
devices that temporarily store or treat stormwater runoff to reduce
flooding, remove pollutants, and provide other amenities. They can
also be non- structural practices that reduce pollutants at their
source. Some examples of BMPs are described in the stormwater design
manual: Massachusetts Stormwater Management Handbook, Volume 2, Chapter
2: Stormwater Best Management Practices (February 2008, Mass. Department
of Environmental Protection, as updated or amended).
The disturbance of the ground by removal of vegetative surface
cover or topsoil, grading, excavation, clearing or filling.
The temporary storage of storm runoff which is used to control
the Peak Discharge rates, and which provides gravity settling of pollutants.
Any land clearing, grading, bulldozing, digging or similar
activities.
An area contributing runoff to a consolidated flow of water
as measured in a horizontal plane.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
Methodology used to determine quantity and circulation of
surface and subsurface water at and near a particular site and determined
by the Southwick Conservation Commission to be the best available
current technology.
Any areas, such as pavement or rooftops, which prevent the
infiltration of water into the soil.
The downward movement of water from the surface to the subsoil.
A stormwater management excavation filled with stone rip
rap which removes both soluble and particulate pollutants. Infiltration
Trenches are not intended to trap coarse sediments.
As authorized by the Clean Water Act, is a permit program
that controls water pollution by regulating point sources that discharge
pollutants into waters of the United States.
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
The United States Department of Agriculture Natural Resources
Conservation Service (formerly the Soil Conservation Service).
The terminus of a storm drain or other stormwater structure
where the contents are released.
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm event.
Soil materials with a sufficiently rapid infiltration rate
so as to greatly reduce or eliminate surface and stormwater runoff.
These soils are generally classified as NRCS hydrologic soil types
A and B.
Any individual, group of individuals, association, partnership,
corporation, company, business, organization, trust, estate, administrative
agency, public or quasi-public corporation or body, the Commonwealth
or political subdivision thereof.
The final impervious cover on the portion of the property
where construction activities have occurred.
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of new development (see above).
The holding of runoff in a basin without release except by
means of evaporation, infiltration, or emergency bypass.
The area extent of construction activities, including but
not limited to the creation of new impervious cover and improvement
of existing impervious cover (excluding redevelopment activities that
are exclusively limited to maintenance and improvement of existing
roadways as described under the "Redevelopment" definition above).
The first land-disturbing activity associated with a new
development or redevelopment, including land preparation such as:
clearing, grading and filling; installation of streets and walkways;
excavation for basements, footings, piers or foundations; erection
of temporary forms; and installation of accessory buildings such as
garages.
A depression or wide shallow ditch used to temporarily store,
route, or filter runoff.
A.
Prior to the issuance of any Special Permit or site plan approval
or development permit for any proposed new development or redevelopment
listed below, a Southwick Stormwater Management Permit or a waiver
of the requirement for a stormwater management permit from the Town
of Southwick must be approved by the Planning Board. Any waiver approval
shall be with the concurrence of the Enforcement Agent which will
be deemed approved if the enforcement agent fails to respond in writing
after receipt of written notice of waiver from the Planning Board
within 20 days. No person shall, on or after the effective date of
the bylaw, initiate any land clearing, land grading, earth moving
or development activities without first complying with this bylaw.
The following uses and activities shall be required to submit drainage
reports, plans, construction drawings, specifications and as-constructed
information in conformance with the requirements of this bylaw:
(1)
Multifamily or single family residential new development or redevelopment
that will disturb greater than or equal to one acre;
(2)
Any new commercial, industrial, and institutional structures under
the same ownership, which disturb greater than or equal to one acre.
(3)
Redevelopment or additions to existing commercial, industrial, and
institutional uses which disturb greater than or equal to one acre.
(4)
Subdivisions or construction activities of any kind disturbing greater
than or equal to one acre; and
(5)
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development that all together
disturbs one or more acres.
(6)
Widening or other improvements to an existing roadway that increase
the amount of impervious area on the redevelopment site by greater
than or equal to a single lane width.
B.
The Planning Board, with the prior concurrence of the DPW Director
and Conservation Commission, which concurrence will be deemed given
if such agencies fail to respond in writing after receipt of written
notice of waiver from the Planning Board within 20 days, may issue
a waiver of any or all of the requirements of this bylaw for a project
that will, in its judgement, generate minimal stormwater, erosion
or sedimentation, and will have minimal impact on the municipal stormwater
system. The waiver may be rescinded by the Planning Board or its designates
upon the recommendation of the DPW Director or Conservation Commission
if during construction it is found that construction activities create
adverse impacts from stormwater runoff. Except for agricultural uses,
the issuance of any waiver may only be granted for sites disturbing
less than one acre and do not affect the municipal stormwater system
or flow into territorial waters of the United States.
A.
To prevent the adverse impacts of stormwater runoff, the Southwick
Planning Board has developed a set of performance standards (described
in a separate document titled Southwick Stormwater Regulation Handbook)
that must be met at new development and redevelopment sites. These
standards apply to construction activities as described under Subsection
D(1).[1] The following activities shall be exempt from these stormwater
performance standards and need not file an application for Stormwater
Management Permit:
(1)
Any agricultural activity which is consistent with an approved soil
conservation plan prepared or approved by the Natural Resources Conservation
Service (NRCS);
(2)
Any logging which is consistent with a timber management plan approved
under the Forest Cutting Practices Act by Massachusetts Department
of Conservation and Recreation;
(3)
Minor additions or modifications to existing structures, which disturb
less than one acre of land;
(4)
New developments and redevelopments that do not disturb more than
one acre of land, provided that they are not part of a larger common
development plan;
(5)
Repairs to any stormwater treatment system deemed necessary by the
Southwick Conservation Commission and/or the Department of Public
Works.
(6)
Redevelopment activities that are exclusively limited to maintenance
and improvement of existing roadways, including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems, and repaving projects; and
(7)
Any emergency activity that is immediately necessary for the protection
of life, property or the environment, as determined by the Southwick
Health Director, Department of Public Works, Conservation Commission,
or Building Department.
B.
The language herein is exclusive of what the Federal government will
require. The Planning Board or its designee may review the exempt
status under this bylaw and require a Southwick Stormwater Management
Permit if any of the exempt activities are not in compliance with
applicable exemption requirements (i.e. agriculture BMP's, Forest
Management Plan) or are found to have a significant impact on the
municipal stormwater system, a neighboring property or a receiving
water.
A.
The Southwick Stormwater Regulation is hereby incorporated by reference
as part of this bylaw, and shall furnish additional policy, criteria
and information including specifications and standards, for the proper
implementation of the requirements of this bylaw.
B.
This manual includes a list of acceptable stormwater treatment practices,
including the specific design criteria for each stormwater practice.
The manual may be updated and expanded from time to time, based on
improvements in engineering, science, monitoring and local maintenance
experience. Stormwater treatment practices that are designed and constructed
in accordance with these design and sizing criteria will be presumed
to meet the minimum water quality performance standards. The Planning
Board has the sole authority to amend the Southwick Stormwater Regulation
under their responsibilities established in Chapter 40A and Chapter
41 of the General Laws of the Commonwealth.
C.
The latest issue of the Southwick Stormwater Management Regulation
as published on the date of the application for a permit under this
bylaw shall be applied.
A.
Approval of stormwater management permit required.
(1)
No landowner or land operator shall receive any of the building, grading, or other land development permits required, or commence land disturbance activities as defined in Subsection D and E,[1] without approval of a Stormwater Management Permit and
meeting the requirements of this bylaw, and evidence of an approved
stormwater permit from the U.S. EPA.
B.
Application requirements.
(1)
Application for approval of a Stormwater Management Permit shall
include the following:
(a)
A stormwater management plan shall be submitted to the Southwick Planning Board for review and approval for any proposed new development or redevelopment specified in Subsection D(1).[2] Three paper copies and one electronic copy of the application
and stormwater management plan shall be submitted, and clearly labeled.
The plan shall contain supporting computations, drawings, and sufficient
information describing the manner, location, and type of measures
in which stormwater runoff will be managed during the entire development
process. The plan shall serve as the basis for all subsequent construction.
(c)
An Operation and Maintenance Plan for post-construction management
of stormwater control facilities that meets Standard 9 of DEP's
Stormwater Policy.
(d)
A non-refundable permit review fee of $250.
(e)
An additional fee of $100 per construction site shall be paid
upon application for a building permit for on-site stormwater management
inspections during and after construction.
(2)
Any waiver request from the requirements contained herein shall be
submitted to, and may be granted, by the Southwick Planning Board
with the prior written notice and concurrence of the DPW Director
and Conservation Commission. Such concurrence will be deemed given
if such agencies fail to respond in writing after 20 days after receiving
notice of waiver request from the Planning Board.
C.
Procedures for review and approval of stormwater permits.
(1)
The procedures for review and approval of stormwater management plans
shall be consistent with the Special Permit approval process, as appropriate
to the use as further described herein, except that approval shall
be by vote of a majority of the Planning Board members present at
a meeting at which a quorum is present.
(2)
The plan shall be circulated to the Conservation Commission and Department
of Public Works to determine compliance with the requirements of this
bylaw prior to approval. Said bodies shall submit written comments
and recommendations to the Planning Board.
(3)
The Planning Board will attempt to make the Stormwater Permit approval
process concurrent with any other public hearing or process. The Stormwater
Permit approval process shall be concurrent with the Planning Board
public hearing process. The Planning Board shall hold a public hearing
within 65 days of the filing of a complete application and take final
action within 90 days from the close of the hearing unless such time
is extended by agreement between the applicant and the Planning Board.
Notice of the public hearing shall be given by publication in a local
paper of general circulation, by posting and by first-class mailings
to abutters at least 14 days prior to the hearing.
D.
Criteria for review of stormwater permits.
(1)
In addition to other criteria used by the Southwick Planning Board
in making permit decisions, for the uses specified in this bylaw,
the Department of Public Works must provide a written report that
the Stormwater Management Plan submitted with the permit application
meets the following criteria:
(b)
The Stormwater Management Plan meets the Performance Standards
described the Southwick Stormwater Regulation Handbook.
(c)
The Erosion and Sediment Control plan must meet the Design Requirements
in the Southwick Stormwater Regulation Handbook.
(d)
All necessary State and Federal permits, including an EPA Stormwater
Permit, have been obtained.
E.
Planning Board Action.
(1)
The Planning Board shall render a written decision consisting of
either:
(a)
Approval of the Stormwater Management Permit Application based upon a determination that the proposed plan meets the purposes in Subsection A[5] and the standards in the Southwick Stormwater Regulation
Handbook will adequately protect the water resources of the community
and is in compliance with the requirements set forth in this bylaw;
(b)
Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the Planning Board which will ensure that the project meets the purposes in Subsection A[6] and the standards in the Southwick Stormwater Regulation
Handbook and adequately protects water resources, set forth in this
bylaw; or
(c)
Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the purposes in Subsection A[7] and the standards in the Southwick Stormwater Regulation
Handbook or adequately protect water resources, as set forth in this
bylaw.
(2)
Failure of the Planning Board to take final action upon an Application
within the time specified above shall not relieve the applicant's
responsibility to meet NPDES reporting requirements.
F.
Inspections.
(1)
No plan will be approved without adequate provision for inspection
of the property before development activity commences. The applicant
shall arrange with the Director of the Department of Public Works
or other agents designated by the Planning Board through its permitted
land use decision on the specific site for scheduling the following
inspections:
(a)
Initial Inspection: prior to the commencement of work,
(b)
Erosion Control Inspections: after site clearing, rough grading
and final grading to ensure erosion control practices are in accord
with the plan,
(c)
Bury Inspection: prior to backfilling of any underground drainage
or stormwater conveyance structures, and
(d)
Final Inspection: when all work, including construction of stormwater
management facilities and landscaping, have been completed.
(2)
The Southwick Planning Board or its agents shall inspect the work
and either approve it explicitly in writing or notify the applicant
in writing in what respects there has been a failure to comply with
the requirements of the approved plan within 14 days of the inspection
date. The applicant shall promptly correct any portion of the work
which does not comply or the applicant will be subject to the bonding
provisions of Subsection K[8] or the penalty provisions of Subsection L.[9] The Town may conduct random inspections to ensure effective
control of erosion and sedimentation during all phases of construction.
(3)
The project applicant or designated representative is required to
perform self-inspection of the construction site every two weeks and
after a rain event of 1/2 inch or more to ensure that construction
phase erosion control procedures are effective and in accordance the
Southwick Stormwater Permit issued in accordance with this bylaw.
Inspection reports must be kept on-site with a copy of the Stormwater
Permit for review by Town enforcement authorities at any time.
G.
Right-of-entry for inspection.
(1)
When any new drainage control facility is installed on private property,
or when any new connection is made between private property and a
public drainage control system or sanitary sewer, the filing of an
application shall be deemed as the property owner's permission
to the Southwick Planning Board, Department of Public Works, Building
Department, Conservation Commission or their agents for the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of the inspection. This includes the right to enter
a property when it has a reasonable basis to believe that a violation
of this bylaw is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this bylaw.
H.
Permit review fees.
(1)
The fee for review of any Stormwater Permit application shall be
$250 and submitted to the Town Clerk. All of the monetary contributions
shall be credited to an appropriate stormwater revolving account and
shall be made prior to scheduling the public hearing. An additional
fee of $100 per construction site shall be paid upon application for
a building permit to be used for on-site stormwater management, inspections
during and after construction. The revolving account funds will be
used to offset direct labor costs associated with permit review and
site inspections. Any residual funds may be used for stormwater management
infrastructure engineering or improvements.
(2)
Engineering and consultant review fees.
(a)
When reviewing an application for, or when conducting inspections
in relation to, subdivision approval, the Board may determine that
the assistance of outside consultants is warranted due to the size,
scale or complexity of a proposed project, because of a project's
potential impacts, or because the Town lacks the necessary expertise
or staff hours to perform the work related to the approval. The Board
may require that applicants pay a project review fee consisting of
the reasonable costs incurred by the Board for the employment of outside
consultants engaged by the Board to assist in the review of a proposed
project.
(b)
In hiring outside consultants, the Board may engage engineers,
planners, lawyers, urban designers or other appropriate professionals
who can assist the Board in analyzing a project to ensure compliance
with all relevant laws, ordinances/bylaws and regulations. Such assistance
may include, but not be limited to, analyzing an application, monitoring
or inspecting a project or site for compliance with the Board's
decision or regulations or inspecting a project during construction
or implementation.
(c)
Funds received by the Board pursuant to this section shall be
deposited with the municipal treasurer who shall establish a special
account for this purpose. Expenditures from this special account may
be made at the direction of the Board without further appropriation.
Expenditures from this special account shall be made only for services
rendered in connection with a specific project or projects for which
a project review fee has been or will be collected from the applicant.
Accrued interest may also be spent for this purpose. Failure of an
applicant to pay a review fee shall be grounds for denial of the application.
(d)
At the completion of the Board's review of a project, any
excess amount in the account, including interest, attributable to
a specific project shall be repaid to the applicant or the applicant's
successor in interest. A final report of said account shall be made
available to the applicant or applicant's successor in interest.
For the purpose of this regulation, any person or entity claiming
to be an applicant's successor in interest shall provide the
Board with documentation establishing such succession in interest.
(e)
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Select Board. Such appeal must be
made in writing and may be taken only within 20 days after the Planning
Board has mailed or hand-delivered notice to the applicant of the
selection. The grounds for such an appeal shall be limited to claims
that the consultant selected has a conflict of interest or does not
possess the minimum, required qualifications. The minimum qualifications
shall consist either of an educational degree in, or related to, the
field at issue or three or more years of practice in the field at
issue or a related field. The required time limit for action upon
an application by the Board shall be extended by the duration of the
administrative appeal. In the event that no decision is made by the
Select Board within one month following the filing of the appeal,
the selection made by the Board shall stand.
A.
The application for a Stormwater Management Permit shall consist
of submittal of a stormwater management and erosion control plan,
prepared by a professional engineer licensed by the Commonwealth of
Massachusetts, which meets the design requirements provided by this
bylaw.
B.
The plan shall include sufficient information to evaluate the environmental
characteristics of the affected areas, the potential impacts of the
proposed new development or redevelopment on water resources, and
the effectiveness and acceptability of measures proposed for managing
stormwater runoff.
C.
The plan must be designed to meet the Massachusetts Stormwater Management
Standards as set forth in the Southwick Stormwater Regulation Handbook
and the Massachusetts Stormwater Management Handbook as amended from
time to time. The applicant shall certify on the drawings that all
clearing, grading, drainage, construction, and development shall be
conducted in strict accordance with the plan.
D.
The minimum information submitted for support of a stormwater management
plan shall be as follows:
(1)
A locus map;
(2)
The existing zoning and land use at the site;
(3)
The proposed land use;
(4)
The location(s) of existing and proposed easements;
(5)
The location of existing and proposed utilities;
(6)
The site's existing & proposed topography with contours
at minimum two-foot intervals (must be sufficient to delineate watershed
areas);
(7)
The existing and proposed site hydrology and watershed areas;
(8)
A description and delineation of existing stormwater conveyances,
impoundments, and wetlands on or adjacent to the site or into which
stormwater flows;
(9)
Delineation of 100-year floodplains, if applicable;
(10)
Estimated seasonal high groundwater elevation (November to April)
in areas to be used for stormwater retention, detention, or infiltration;
(11)
The existing and proposed vegetation and ground surfaces with
runoff coefficient for each;
(12)
A drainage area map showing pre and post construction watershed
boundaries, drainage area and stormwater flow paths;
(13)
Locations of stockpiled construction materials including stockpiled
soils and any proposed incremental movement of these stockpiles;
(14)
Locations of construction trailers;
(15)
Construction road details and locations;
(16)
Location of other wastes such as discarded building materials,
concrete wash out, chemicals, fuel, porta potties, and litter that
will be generated and how will they be protected from stormwater;
and
(17)
A description and drawings of all components of the proposed
drainage system including:
(a)
Pre-construction phase:
(b)
Construction phase:
[1]
All measures for the detention, retention or infiltration of
water;
[2]
All measures for the protection of water quality, including
proposed locations of silt fencing and hay bales;
[3]
Notes on drawings specifying materials to be used, construction
specifications, and typicals;
[4]
A description of construction activities and waste materials
expected to be stored on-site, and a description of controls to reduce
pollutants from these materials including storage practices to minimize
exposure of the materials to stormwater, and spill prevention and
response consistent with those allowed in zoning district; and
[5]
A maintenance schedule for the period of construction.
(c)
Post-construction phase:
[1]
The structural details for all components of the proposed drainage
systems and stormwater management facilities;
[2]
Notes on drawings specifying materials to be used, construction
specifications, and typicals;
[3]
Expected hydrology with supporting calculations; and
[4]
Proposed improvements including location of buildings or other
structures, impervious surfaces, and drainage facilities, if applicable.
(18)
Summary of soil conditions, including soil hydrologic group
rating. Soil tests shall be conducted by a Registered Professional
Engineer or Massachusetts Soil Evaluator, performed at the location
of all proposed LID techniques and BMPs, to identify soil descriptions,
depth to estimated seasonal high groundwater, depth to bedrock, and
soil texture.
(19)
Flow path for time of concentration (Tc) calculation.
(20)
Calculations:
(a)
Hydrologic calculation to determine pre and post peak rates
and volumes of stormwater runoff for two-, ten-, and 100-year twenty-four-hour
storm events;
(b)
Groundwater recharge calculations and BMP drawdown (time to
empty);
(c)
Water quality calculations including (if applicable):
[1]
TSS, phosphorus, and nitrogen removal calculations for each
watershed;
[2]
Specific BMPs utilized in critical areas;
[3]
Specific BMPs utilized for land uses of higher potential pollutant
loads (LUHPPL); and
[4]
Specific treatment for pollutant causing impairment of down-gradient
waterbody identified by U.S. Environmental Protection Agency and Massachusetts
Department of Environmental Protection.
(d)
Hydraulic calculations to size drainage pipes, swales and culverts;
and
(e)
Supplemental calculations for sizing LID and BMPs and addressing
impairments to water bodies.
(21)
MassDEP Checklist for Stormwater Report completed, stamped and
signed by a registered Professional Engineer (PE) licensed in the
Commonwealth of Massachusetts to certify that the Stormwater Management
Plan is in accordance with the criteria established in the Massachusetts
Stormwater Management Standards, Southwick Stormwater Management bylaw,
and other applicable rules and regulations.
A.
The design requirements of the Erosion and Sediment Control Plan
are:
(1)
Minimize total area of disturbance;
(2)
Sequence activities to minimize simultaneous areas of disturbance;
(3)
Minimize peak rate of runoff in accordance with the Southwick Stormwater
Regulation Handbook;
(4)
Minimize soil erosion and control sedimentation during construction.
Prevention of erosion is preferred over sedimentation control;
(5)
Divert uncontaminated water around disturbed areas;
(6)
Maximize groundwater recharge;
(7)
Install, and maintain all Erosion and Sediment Control measures in
accordance with the manufacturer's specifications and good engineering
practices;
(8)
Prevent off-site transport of sediment;
(9)
Protect and manage on and off-site material and equipment storage
areas (overburden and stockpiles of dirt, borrow areas, or other areas
used solely by the permitted project are considered a part of the
project);
(10)
Comply with all applicable Federal, State and local laws and
regulations, including but not limited to, waste disposal, sanitary
sewer or septic system regulations, and air quality requirements,
including dust control;
(11)
Prevent adverse impact from the proposed activities to habitats
mapped by the Massachusetts Natural Heritage & Endangered Species
Program as Endangered, Threatened or of Special Concern, Estimated
Habitats of Rare Wildlife and Certified Vernal Pools, and Priority
Habitats of Rare Species;
(12)
Institute interim and permanent stabilization measures. The
measures shall be instituted on a disturbed area as soon as practicable
but no more than seven days after construction activity has temporarily
or permanently ceased on that portion of the site;
(13)
Properly manage on-site construction and waste materials; and
(14)
Prevent off-site vehicle tracking of sediments.
A.
As-built plans.
(1)
Final As-built plans shall be submitted to the Planning Board no
later than two years after completion of construction. Three paper
copies and one electronic copy shall be submitted and clearly labeled.
(2)
The As-built plans shall depict all site controls, both structural
and non-structural, designed and constructed to manage the stormwater
associated with the completed site (post construction stormwater management).
B.
Operation, maintenance and inspection agreement.
(1)
Prior to issuance of any building permit for which stormwater management
is required, the Planning Board shall require the applicant or owner
to execute an operation, maintenance and inspection agreement binding
on all subsequent owners of land served by the private stormwater
management facility. The agreement shall be designed to ensure that
water quality standards are met in all seasons and throughout the
life of the system. Such agreement shall provide for access to the
facility at reasonable times for regular inspections by the Planning
Board, Public Works Department, Conservation Commission, Building
Department, the Health Agent, or their designated representative and
for regular or special assessments of property owners to ensure that
the facility is maintained in proper working condition to meet design
standards and any provision established. The agreement shall include:
(a)
The name(s) of the owner(s) for all components of the system.
(b)
Maintenance agreements that specify:
[1]
The names and addresses of the person(s) responsible for operation
and maintenance;
[2]
The person(s) responsible for financing maintenance and emergency
repairs;
[3]
A maintenance and inspection schedule for all drainage structures,
including swales and ponds;
[4]
Agreement that the person(s) responsible for operation and maintenance
will follow this schedule and maintain an operation and maintenance
log to include inspections, repairs, replacement and disposal (type
of material and disposal location), and that they will submit this
log to the Town annually in perpetuity;
[5]
Information on how future property owners will be notified of
the presence of the stormwater management system and the requirement
for proper operation and maintenance;
[6]
A plan and list of easements with the purpose and location of
each;
[7]
The signature(s) of the owner(s); and
[8]
Title reference for the land or lands in question and reference
to recorded plans or plans to be recorded in the Hampden County Registry
of Deeds.
(c)
Stormwater management easements as necessary for:
[1]
Access for facility inspections and maintenance;
[2]
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
100-year storm event; and
[3]
Direct maintenance access by heavy equipment to structures requiring
regular cleanout.
(d)
Stormwater management easement requirements.
[1]
The purpose of each easement shall be specified in the maintenance
agreement signed by the property owner.
[2]
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
Town.
[3]
Easements shall be recorded with the Registry of Deeds prior
to issuance of a Certificate of Completion.
(e)
Changes to operation and maintenance plans.
[1]
The owner(s) of the stormwater management system must notify
the Planning Board of changes in ownership or assignment of financial
responsibility.
[2]
The maintenance schedule in the Maintenance Agreement may be
amended to achieve the purposes of this bylaw by mutual agreement
of the Planning Board and the Responsible Parties. Amendments must
be in writing and signed by all Responsible Parties. Responsible Parties
must include owner(s), persons with financial responsibility, and
persons with operational responsibility.
(2)
Prior to the release of the security and/or granting a certificate
of occupancy, this agreement shall be recorded by the applicant and/or
owner in the land records of the Registry of Deeds and the Planning
Board is provided with evidence of the recording in the Registry of
Deeds.
(3)
The agreement shall also provide that, if after written notice to
owner by the Director of the Department of Public Works or designated
representative to correct a violation requiring maintenance work,
satisfactory corrections are not made by the owner(s) within 30 days,
the Town may perform or contract all necessary work to place the facility
in proper working condition. The owner(s) of the facility shall be
assessed the cost of the work and any penalties and such costs and
penalties shall constitute a municipal lien on the property.
C.
Maintenance responsibility.
(1)
The owner of the property on which work has been done pursuant to
this bylaw for private stormwater management facilities, or any other
person or agent in control of such property, shall maintain in good
condition and promptly repair and restore all grade surfaces, walls,
drains, dams and structures, vegetation, erosion and sediment control
measures and other protective devices. Such repairs or restoration
and maintenance shall be in accordance with approved plans.
(2)
A maintenance schedule shall be developed for any stormwater management
facility and shall state the maintenance to be completed, the time
period for completion, and who shall be legally responsible to perform
the maintenance. This maintenance schedule shall be printed on the
stormwater management plan.
(3)
Records of installation and maintenance shall be maintained by the
property owner. Maintenance logs shall be submitted to the Director
of the Public Works Department on an annual basis. This annual submission
shall include a written statement whether the work completed over
the prior 12 months was in accordance with the Operation and Maintenance
Plan. These records shall be stored by the property owner for a minimum
of five years.
A.
The Town or its agents shall require from the developer a Security
for Performance, or other means of security acceptable to the Town
prior to the issuance of any building permit for the construction
of all subject uses listed in Subsection D[1] requiring a stormwater management facility. The amount
of the security shall not be less than the total estimated construction
cost of the stormwater management facility computed by the developer
and reviewed by the Department of Public Works. The security so required
in this section shall include provisions relative to forfeiture for
failure to complete work specified in the approved stormwater management
plan, compliance with all of the provisions of this bylaw and other
applicable laws and regulations, and any time limitations.
B.
The Security shall not be fully released without:
(1)
Final inspection and approval of the completed work by the Director
of the Department of Public Works and the Conservation Commission;
(2)
Submission of "As-built" plans;
(3)
Certification of completion by the Planning Board of the stormwater
management facilities being in compliance with the approved plan and
the provisions of this bylaw; and
(4)
Proof that the operations and maintenance inspection agreement has
been recorded in land records at the Registry of Deeds.
A.
Violations.
(1)
Any new development or redevelopment activity that has commenced
or is conducted contrary to this bylaw may be restrained by injunction
or otherwise abated in a manner provided by law.
B.
Notice of violation.
(1)
When the Authorized Enforcement Authority determines that an activity
is not being carried out in accordance with the requirements of this
bylaw, it shall issue a written notice of violation to the owner of
the property. Failure to maintain proper maintenance and installation
records, as detailed in Subsection J,[1] shall constitute a violation of this bylaw.
(2)
The notice of violation shall contain:
(a)
The name and address of the owner applicant;
(b)
The address when available or the description of the building,
structure, or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the
new development or redevelopment activity into compliance with this
bylaw and a time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
and
(f)
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
C.
Stop work orders.
(1)
Persons receiving a notice of violations may be required to halt
all construction activities or correct under the supervision of a
designated representative of the Authorized Enforcement Authority.
This "stop work order" will be in effect until the Planning Board
or agents designated by the Planning Board confirms that the new development
or redevelopment activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this bylaw.
D.
Non-criminal disposition.
(1)
As an alternative to criminal prosecution, the Select Board may elect to utilize the non-criminal disposition procedure set forth in Southwick's Town Bylaws § 1-6 or Massachusetts General Laws Ch. 40 Sec. 21D. The Planning Board shall be the enforcing entity. The Planning Board will give the owner or violator written notice of a violation of this Bylaw and a time frame for bringing a project or property into compliance with this Bylaw. However, if such owner or operator fails to bring the project or property into compliance by the date specified with the written notice, then the penalty for the 1st violation shall be $100 per day; the penalty for the 2nd violation shall be $200 per day; and the penalty for the 3rd and subsequent violations shall be $300 per day. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If action is not taken by the property owner within 30 days, this shall become a civil or criminal penalty.
E.
Criminal and civil penalties.
(1)
Any person who violates any provision of this bylaw, valid regulation,
or the terms or conditions in any permit or order prescribed or issued
thereunder, shall be subject to a fine not to exceed $300 for each
day such violation occurs or continues or subject to a civil penalty
which may be assessed in an action brought on behalf of the Town in
any court of competent jurisdiction.
F.
Restoration of lands.
(1)
Any violator may be required to restore land to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable
time after notice, the Authorized Enforcement Authority may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
G.
Holds on occupancy permits, licenses or other municipal permits.
(1)
Occupancy Permits, Licenses or other Municipal Permits will not be
granted until corrections to all stormwater practices have been made
and accepted by the Planning Board and the maintenance and inspection
agreement has been recorded at the Registry of Deeds.
A.
The invalidity of any section or provision of this Bylaw shall not
invalidate any other section or provision thereof.
