[HISTORY: Adopted by the Annual Town Meeting
of the Town of Belchertown 6-27-2020 by Art. 21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 36.
Sewers — See Ch. 104.
Wetlands protection — See Ch. 139.
Zoning — See Ch. 145.
Subdivision of land — See Ch. 270.
Wetlands — See Ch. 290.
[1]
Editor's Note: This article also repealed former Ch. 112,
Stormwater Management, adopted 5-14-2007 ATM by Art. 25, as
amended 5-11-2009 ATM by Art. 23 and 5-13-2019 ATM by Art. 35.
Land uses in Town affect our streams, lakes and drinking water
supplies. Land development and other land use conversions, and their
associated changes to land cover, have the potential to permanently
alter the function of local watersheds, resulting in increased stormwater
runoff rates and volumes, which in turn increase flooding, stream
channel erosion, sediment transport and discharge, and nonpoint source
pollution, and decrease groundwater recharge. Adverse impacts can
be controlled and minimized through the application of stormwater
best management practices (BMPs) and low-impact development principles.
Low-impact development (LID) seeks a balance between human activities
and protecting habitat and important natural resources. It is about
maintaining the environmental quality of life that gives the communities
we live in a sense of place. The goal of LID is to integrate human
development into the landscape in a way that is mindful of natural
ecosystems and does not disrupt the complex hydrologic cycle that
maintains them. LID can be applied through development density, reduced
impervious surface coverage, lot size, open space/tree retention,
street design, street width, parking design, sidewalks, and stormwater
management practices. Because LID involves a comprehensive approach,
it must be integrated into municipal policies, regulations, and development
standards in order for it to be effective.
Careful planning of development, redevelopment, and land conversion
projects will protect the quality and health of the water resources
of Belchertown. Therefore, the Town of Belchertown enacts this Stormwater
Management Bylaw to prevent potential harmful impacts from land development
activities.
In addition, localities in the Commonwealth of Massachusetts
are required to comply with a number of both state and federal laws,
bylaws, and permits which require a locality to address the impacts
of construction site runoff and post-development stormwater runoff.
Therefore, the Town of Belchertown has established this bylaw
to provide reasonable guidance for the administration of site planning
and stormwater management for the purpose of protecting local water
resources from degradation. This bylaw applies to construction and
post-construction stormwater runoff from new development and redevelopment
projects. It designates the stormwater authority, applicable projects
and how regulations are created and enforced.
A.
The purpose of this bylaw is to protect, maintain, and enhance the
public health, safety, environment and general welfare by establishing
the process for creating requirements and procedures to control the
adverse impacts of stormwater runoff from new development and redevelopment.
B.
Interests and values protected by this bylaw:
(1)
Reducing the adverse water quality impacts from stormwater discharges
to rivers, lakes, reservoirs, and streams;
(2)
Maintaining the natural hydrologic characteristics of the land and
treating for water quality in order to reduce flooding, stream bank
erosion, siltation, nonpoint source pollution, and property damage,
and to maintain the integrity of stream channels and aquatic habitats;
(3)
Preventing the discharge of pollutants, including hazardous chemicals,
into stormwater runoff;
(4)
Minimizing the volume and rate of stormwater discharges to rivers,
lakes, reservoirs, and streams during and following development;
(5)
Preventing erosion and sedimentation from, during and following land
development.
(6)
Providing for the recharge of groundwater aquifers and maintaining
the base flow of streams;
(7)
Promoting the use of LID practices such as limiting disturbance,
reducing impervious cover, treating and infiltrating stormwater at
the source, using environmentally sensitive site design, and the preservation
of open space and other natural areas, to the maximum extent practicable;
(8)
Ensuring that stormwater treatment practices will be maintained and
continue to function for the life of the design;
(9)
Providing clear procedures for the Town's review of stormwater
management plans, and for the Town's inspection of approved stormwater
controls;
(10)
Complying with state and federal statutes and regulations relating
to stormwater discharges.
C.
This bylaw is intended to integrate with other parts of the Town's
land use regulations and not replace requirements, particularly of
the Town of Belchertown Wetlands Protection Bylaw,[1] or any other bylaw that may be adopted by the Town of
Belchertown. Any activity subject to the provisions of the above-cited
bylaws must comply with the specifications of each.
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alter may be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs use natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
Any structure or device, including pipes, drains, culverts,
curb breaks, paved swales or man-made swales of all types designed
or utilized to move or direct stormwater runoff or existing water
flow.
The modification of land to accommodate a new use or expansion
of use, usually involving construction. See also "new development";
"redevelopment."
Wearing away of land by running water, waves, wind, ice abrasion
and transportation.
A local and temporary inundation or a rise in the surface
of a body of water, such that it covers land not usually under water.
A plan for the cutting of trees on forest land, which is
prepared and submitted in accordance with MGL c. 132, §§ 40
through 46A. The forest cutting plan requires approval by a Service
Forester of the Massachusetts Department of Conservation and Recreation,
as provided under the Forest Cutting Practices Act by Massachusetts
Department of Environmental Protection.
Changing the level or shape of the ground surface.
All subsurface water contained in natural geologic formations
or artificial fill, including soil water in the zone of aeration.
Removal of stumps and large or matted roots from the ground
after the removal of trees, prior to construction.
Land uses or activities with higher potential pollutant loadings,
such as auto salvage yards, auto fueling and repair facilities, fleet
storage yards, commercial parking lots with high-intensity use, road
salt storage areas, commercial nurseries and landscaping, outdoor
storage and loading areas of hazardous substances, or marinas.
Any material or structure on or above the ground that prevents
water from infiltrating through the underlying soil. "Impervious surface"
is defined to include, without limitation: paved parking lots, rooftops,
driveways, patios, and paved roads.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
Pollution from many diffuse sources, rather than a single
point of origin, caused by stormwater moving over and through the
ground. As the runoff moves, it picks up and carries away natural
and human-made pollutants, finally depositing them into water resource
areas.
A person with a legal or equitable interest in a property.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Belchertown, and any other legal entity, its legal representatives,
agents, or assigns.
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.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to the phase of a
new development or redevelopment project after completion, and does
not refer to the construction phase of a project.
The replenishment of underground water reserves.
Any construction, alteration, or improvement that disturbs
the ground surface or increases the impervious area on previously
developed sites.
A process of depositing material that has been suspended
and transported in water.
The parcel of land being developed, or a designated planning
area in which the land development project is located.
Rainwater runoff, snow melt runoff, and surface runoff and
drainage. Stormwater/runoff commonly collects in the MS4 system for
treatment and discharge.
The Town of Belchertown Conservation Commission. The Stormwater Authority is responsible for coordinating the review, approval and permit process as defined in this bylaw. Other boards and/or departments participate in the review process as defined in § 112-5 of this bylaw.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
adverse effects of uncontrolled and untreated stormwater runoff.
A plan to be submitted with the application for a stormwater
management permit, which shall include current and proposed site conditions,
proposed improvements, proposed stormwater control measures, development
schedules, and such other matters as may be required by the Stormwater
Authority.
This bylaw, as amended, 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 Belchertown at Town Meeting, dated
May 14, 2007.
The Conservation Commission is hereby designated as the Stormwater
Authority. The Stormwater Authority shall administer, implement and
enforce this bylaw. The Stormwater Authority may designate Town boards,
including (but not limited to) the Planning Board, Department of Public
Works, and the Board of Health, as its authorized agent for the purpose
of reviewing and making recommendations on stormwater permit applications
within the designated board's expertise (the "reviewing board").
The reviewing board(s) shall notify the Stormwater Authority of its
recommendations on stormwater management permit applications. Both
the Stormwater Authority and the reviewing board(s) shall have authority
to enforce this bylaw.
A.
The Stormwater Authority may adopt, and periodically amend, rules
and regulations relating to the terms, conditions, definitions, enforcement,
fees (including application, inspection, and/or consultant fees),
procedures and administration of this bylaw, after conducting a public
hearing to receive comments on any proposed revisions. Such hearing
dates shall be advertised in a newspaper of general local circulation,
at least 14 days prior to the hearing date. After public hearing,
the Stormwater Authority may issue rules and regulations to fulfill
the purposes of this bylaw. Failure by the Stormwater Authority to
issue such rules and regulations or a legal declaration of their invalidity
by a court shall not act to suspend or invalidate the effect of this
bylaw.
B.
Waivers. The Stormwater Authority may waive strict compliance with
this bylaw if such action is allowed by federal, state and local statutes,
bylaws, and/or regulations; is in the public interest; and is consistent
with the purposes of this bylaw.
C.
Actions by the Stormwater Authority. The Stormwater Authority may
take any of the following actions as a result of an application for
a stormwater management permit: approval, approval with conditions,
or disapproval.
D.
Appeals. A decision of the Stormwater Authority shall be final. Further
relief of a decision by the Stormwater Authority made under this bylaw
shall be reviewable in the Superior Court in an action filed within
60 days thereof, in accordance with MGL c. 249, § 4.
E.
Stormwater credit system. The Stormwater Authority may adopt a stormwater
credit system as part of the Stormwater Management Regulations authorized
by this bylaw. Failure of the Stormwater Authority to promulgate such
a credit system through its regulations or a legal declaration of
its invalidity by a court shall not act to suspend or invalidate the
effect of this bylaw.
A.
Permit required. Notwithstanding any exemption provided pursuant to § 112-7B, for any proposed development project listed below, no person may initiate construction, any land clearing and grubbing, land grading, earthmoving, or other development activities without approval or waiver of the requirement for a stormwater management permit by the authorized permitting agency. Proponents of these projects are required to submit drainage reports, plans, construction drawings, specifications, and as-built information in accordance with the permit standards, procedures and requirements defined in the Stormwater Regulations.
(1)
Construction activities that disturb land greater than or equal to
10,000 square feet.
(2)
Construction activities that disturb land less than 10,000 square
feet if part of a larger common or phased plan.
(3)
Any alteration, redevelopment, or conversion of land use to a hotspot
as defined in this bylaw, such as auto salvage yards, auto fueling
facilities, fleet storage yards, commercial parking lots, and other
potential water quality concerns, regardless of the amount of land
altered.
(4)
Construction activities that are not part of a larger common plan
and that result in the disturbance of less than 10,000 square feet
of land, or are not located on a hotspot, are still required to minimize
impervious surface, disconnect impervious area runoff from the public
storm drainage system, wetlands, waterways, and adjacent off-site
impervious areas; or otherwise treat, infiltrate or retain stormwater
runoff by implementing stormwater management measures designed in
accordance with best management practices as defined by the Stormwater
Authority. The applicant shall submit evidence to the building inspector
that the requirements of this subsection and the grading and drainage
requirements from the most recently issued edition of the Massachusetts
Building Code have been met prior to issuance of a building permit.
B.
Exemptions. The following use and activities are exempt from the
requirements for submittal and approval of a stormwater management
plan. All exempt uses and activities must still comply with the purposes
and the stormwater performance standards within the Regulations. Failure
of an exempt activity to comply with these standards shall be interpreted
as a violation and exempt status revoked.
(1)
Any agricultural activity that is consistent with an approved soil
conservation plan prepared or approved by the Natural Resources Conservation
Service;
(2)
Any logging that is consistent with a timber management plan approved
under the Forest Cutting Practices Act by Massachusetts Department
of Environmental Protection;
(3)
Developments that disturb less than 10,000 square feet of land, provided
that they are not part of a larger common development plan;
(4)
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).
(5)
Repairs to any stormwater treatment system deemed necessary by the
Department of Public Works;
(6)
Any emergency activity that is immediately necessary for the protection
of life, property or the environment, as determined by the Department
of Public Works, Board of Health or Police and Fire.
Permit procedures and requirements shall be defined and included
in the Stormwater Management Regulations adopted under this bylaw.
Failure to promulgate such procedures or a legal declaration of its
invalidity by a court shall not act to suspend or invalidate this
bylaw.
The Stormwater Authority or an authorized agent of the Stormwater
Authority shall have the authority to enforce this bylaw, regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies, including injunctive relief and monetary
damages and costs of litigation and attorney fees, for such violations
and for mitigation and compliance actions taken by the Stormwater
Authority. Enforcement shall be further defined and included as part
of the Stormwater Management Regulations adopted under this bylaw.
The invalidity of any section, provision, paragraph, sentence
or clause of this bylaw shall not invalidate any other section, provisions,
paragraph, sentence or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
