[HISTORY: Adopted by the Special Town Meeting
of the Town of Townsend 11-13-2007 by Art. 13. Amendments noted where applicable.]
A.
Construction site stormwater runoff and post-construction
stormwater discharges may permanently alter the hydrologic response
of local watersheds and increase stormwater runoff rates and volumes,
which in turn may increase flooding, stream channel erosion, nonpoint
source pollution, and sediment transport and deposition, and decrease
groundwater recharge;
B.
Construction site stormwater runoff and post-construction
stormwater discharges can adversely affect public safety, public and
private property, surface water, groundwater resources, drinking water
supplies, recreation, aquatic habitats, fish and other aquatic life,
property values and other uses of land and water;
C.
It is in the public interest to regulate construction
site stormwater runoff and post-construction stormwater discharges
in order to minimize the impacts identified above.
A.
The purpose of this Stormwater Bylaw is to protect,
maintain and enhance the public health, safety, environment and general
welfare by establishing minimum requirements and procedures to control
the adverse effects of construction site stormwater runoff and post-construction
stormwater discharges. In addition, this Stormwater Bylaw is intended
to ensure and promote compliance with U.S. Environmental Protection
Agency (EPA) stormwater management regulations pertaining to municipal
separate storm sewer systems (MS4s) and the National Pollutant Discharge
Elimination System (NPDES), as amended. This Stormwater Bylaw seeks
to meet these purposes through the following objectives:
(1)
Establish decisionmaking processes surrounding construction
site activities that protect the integrity of the watershed and preserve
the health of water resources;
(2)
Require that construction site activities maintain
the post-construction runoff characteristics as equal to or less than
the pre-construction runoff characteristics in order to minimize flooding,
stream bank erosion, siltation, nonpoint source pollution, property
damage, and to maintain the integrity of stream channels and aquatic
habitats;
(3)
Establish minimum construction site and post-construction
stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality;
(4)
Require the use of nonstructural stormwater management
practices or "low-impact development practices," wherever practicable.
(5)
Establish provisions for the long-term responsibility
for 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;
(6)
Establish provisions to ensure 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 Stormwater Bylaw; and
(7)
Establish a procedure for the adoption of regulations
that will provide administrative procedures and fees for the submission,
review, approval or disapproval of stormwater management plans, and
for the inspection of approved active projects, and long-term follow-up.
B.
Nothing in this Stormwater Bylaw is intended to replace
the requirements of the Town of Townsend Wetlands Bylaw[1] or any other bylaw that may be adopted by the Town of
Townsend, or any state or federal requirement, law, regulation, or
policy. Any activity subject to the provisions of this Stormwater
Bylaw must comply with any other applicable Town, state or federal
requirements.
This bylaw 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, and as authorized by the residents
of the Town of Townsend at Town Meeting, dated November 20, 2007.
The following definitions shall apply in the
interpretation and implementation of this Stormwater Bylaw. Additional
definitions may be adopted by separate regulation.
Any activity that will measurably change the ability of a
ground surface area to absorb water or will change existing surface
drainage patterns. Alter may similarly represent "alteration of drainage
characteristics" and "conducting land disturbance activities." 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 on the area.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce adverse stormwater volumes and flows, reduce point source
and nonpoint source pollution, and promote stormwater quality and
protection of the environment.
"Structural" BMPs: devices that are engineered
and constructed to provide temporary storage and treatment of stormwater
runoff.
"Nonstructural" BMPs: natural measures to reduce
pollution levels, do not require extensive engineering and construction
efforts, and/or promote pollutant reduction by eliminating the pollutant
source.
Any site where activity is proposed or occurs which results
in soil disturbance by clearing, grading, excavation, stockpiling
earth materials or placement/removal of earth materials.
Any material or structure on or above the ground that prevents
water infiltration to the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops,
compacted soils, hard-packed gravel driveways, and similar surfaces.
Any activity, including clearing, grubbing, grading and stockpiling,
that causes a change in the position or location of soil, sand, rock,
gravel, or similar earth material.
An approach to environmentally friendly land use planning.
It includes a suite of landscaping and design techniques designed
to maintain the natural, pre-developed ability of a site to manage
rainfall. LID techniques capture water on site, filter it through
vegetation, and allow seeping into the ground rather than being lost
as surface runoff so that the local water table can recharge. An important
LID principle embodies the concept that rainwater is a resource and
not merely a superfluous waste product.
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and Massachusetts Clean
Waters Act, MGL c. 21, §§ 23 to 56.
The system 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 Townsend.
A federal environmental program addressing water pollution
under the Clean Water Act. NPDES Phase I addresses stormwater discharges
from towns and cities with medium to large storm sewer systems and
industrial activities. NPDES Phase II addresses towns and cities with
small storm sewer systems serving a population of less than 100,000.
Phase II also regulates construction activities disturbing greater
than one acre. Townsend is subject to NPDES Phase II.
Pollution from many dispersed sources caused by rainfall
or snowmelt moving over and through the ground. Movement of runoff
collects and carries away natural and human-source pollutants, finally
depositing them into water resource areas.
A plan describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
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.
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 conditions after
culmination of a new development or redevelopment project and does
not depict conditions during the construction phases of a project.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Stormwater
Authority. Where phased development or phased 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.
The Townsend Planning Board shall act as the Stormwater Authority
in implementing the provisions of this Stormwater Bylaw. The Stormwater
Authority may designate a Stormwater Agent to assist with plan review,
implementation and enforcement of the provisions of this Stormwater
Bylaw and accompanying regulations. The Stormwater Authority is responsible
for coordinating the review, approval and permit process as defined
in this chapter. Boards and/or departments may participate in the
review process as defined in this Stormwater Bylaw or the Stormwater
Regulations adopted by the Stormwater Authority.
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE), a professional public land
surveyor (PLS), or a certified professional in erosion and sedimentation
control (CPESC), that includes structural and nonstructural best management
practices (BMPs) to manage and treat stormwater runoff generated from
regulated development activity.
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
that is designed to protect the Town from deleterious effects of uncontrolled
or untreated stormwater runoff.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook, or underground stream.
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and in Chapter 138, of the Townsend Wetlands Bylaw.
A.
The Stormwater Authority shall administer, implement
and enforce this Stormwater Bylaw. Any powers granted to or duties
imposed upon the Stormwater Authority may be delegated in writing
by the Stormwater Authority to its employees or agents.
B.
The Stormwater Authority may adopt and periodically
amend regulations relating to receipt and content of stormwater management
permit applications; review time periods, permit terms, conditions,
additional definitions, enforcement, fees (including application,
inspection, and/or consultant fees), procedures, administration and
enforcement of this Stormwater Bylaw subsequent to a majority vote
of the Planning Board and after conducting a public hearing to receive
comments on the proposed regulations and/or any proposed revisions.
Such hearing dates shall be advertised in a newspaper of general local
circulation at least seven calendar days before a hearing date. After
public notice and hearing, the Stormwater Authority may promulgate
rules and regulations to effectuate the purposes of this Stormwater
Bylaw. Failure by the Stormwater Authority to promulgate such rules
and regulations shall not have the effect of suspending or invalidating
this Stormwater Bylaw.
C.
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.
The overall stormwater management plan consists of
two parts: a stormwater management erosion and sedimentation control
plan ("stormwater plan") and an operation and maintenance plan ("O&M
plan"). The stormwater plan addresses stormwater impacts during construction
and prior to site stabilization, as well as best management practices
for the permanent management and treatment of groundwater. The O&M
Plan addresses the long-term monitoring and care of the stormwater
management controls on the site.
This Stormwater Bylaw shall apply to all land-disturbing
activities within the jurisdiction of the Town of Townsend, whether
new development or redevelopment. Except as permitted by the Stormwater
Authority in a stormwater management permit (SMP) or as otherwise
provided in this Stormwater Bylaw, no person shall perform any activity
that results in land disturbance of 40,000 square feet or greater
without first obtaining an SMP according to the provisions of this
Stormwater Bylaw.
A.
Regulated activities. Regulated activities shall include,
but not be limited to:
(1)
Land disturbance of greater than 40,000 square feet,
associated with construction or reconstruction of structures.
(2)
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
together disturbs 40,000 square feet or more.
(3)
Paving or other change in surface material over an
area of 40,000 square feet or more causing a significant reduction
of permeability or increase in runoff.
(4)
Construction of a new drainage system or alteration
of an existing drainage system or conveyance serving a drainage area
of more than 40,000 square feet.
(5)
Land disturbance where there is a fifteen-percent
or greater slope and where the land disturbance is greater than or
equal to 1,000 square feet within the sloped area.
(6)
Land disturbance greater than or equal to 1,000 square
feet where the soil cut or filled exceeds four feet in vertical depth
at its deepest point as measured from the natural ground level.
(7)
Disturbance of a volume of earth greater than 1,500
cubic yards.
(8)
Any other activity altering the surface of an area
exceeding 40,000 square feet that will, or may, result in increased
stormwater runoff flowing from the property into a public way, the
municipal storm drain system or to a watercourse or wetland.
B.
Minor and major projects. For the purpose of this
bylaw and any regulations pertaining thereto, applications shall be
divided into minor and major categories. The application procedures
and submittal requirements for minor and major applications shall
be described in the Townsend Stormwater Regulations.
(1)
A minor project is any activity subject to the Stormwater
Bylaw which involves:
(a)
Land disturbance of an area greater than 40,000
square feet but less than 60,000 square feet for a single-family lot
which has not been included in an ANR or subdivision within the prior
five years; or
(b)
Land disturbance of a volume of earth greater
than 1,500 cubic yards but less than 2,200 cubic yards where not related
to a subdivision or ANR; or
(c)
Land disturbance of an area of land 1,000 square
feet to 10,000 square feet:
(2)
A major project is any project subject to the Stormwater
Bylaw which involves:
C.
Exempt activities. The following activities are exempt
from the requirements of this Stormwater Bylaw:
(1)
Normal maintenance and improvement of Town-owned public
ways and appurtenances. New road and building construction, however,
are subject to a requirement for a stormwater permit.
(2)
Normal maintenance and improvement of land in agricultural
or forestry use as defined by the Massachusetts Wetlands Protection
Act and its regulations.
(3)
Repair of septic systems when required by the Board
of Health for the protection of public health.
(4)
Normal maintenance of existing landscaping, gardens
or lawn areas associated with a single-family dwelling, provided such
maintenance does not include the addition of more than 300 cubic yards
of soil material, construction of walls, alteration of existing grades
by more than one foot in elevation, or alteration of drainage patterns.
(5)
The construction of fencing irrespective of materials
used that will not alter existing terrain or drainage patterns.
(6)
Construction of utilities (gas, water, sewer, electric,
telephone, etc.) other than drainage that will not alter terrain or
drainage patterns.
A.
The Stormwater Authority or an authorized agent of
the Stormwater Authority shall enforce this bylaw, regulations, permits,
violation notices, and enforcement orders and may pursue all civil,
criminal and noncriminal remedies for such violations.
B.
Notices of violation and enforcement orders.
(1)
The Stormwater Authority or an authorized agent of
the Stormwater Authority may issue a written notice of violation or
enforcement order to enforce the provisions of this bylaw or the regulations
thereunder, which may include requirements to:
(a)
Cease and desist from construction or land-disturbing
activity until there is compliance with the bylaw and the stormwater
management permit.
(b)
Repair, maintain, or replace the stormwater
management system or portions thereof in accordance with the O&M
plan.
(c)
Perform monitoring, analyses, and reporting.
(d)
Fix adverse impact resulting directly or indirectly
from malfunction of the stormwater management system.
(2)
If the enforcing person determines that abatement
or remediation of adverse impacts is required, the order may set forth
a deadline by which such abatement or remediation must be completed.
C.
Any person who violates any provision of the Stormwater
Bylaw, regulations or permit issued thereunder, maintenance agreement,
or enforcement order may be ordered to correct the violation and/or
pay a fine of $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town of Townsend may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D
and in which case the Stormwater Agent of the Town of Townsend shall
be the enforcing person. The penalty for the first violation shall
be $100. The penalty for the second violation shall be $200. The penalty
for the third and subsequent violations shall be $300. Each day or
part thereof that such violation occurs or continues shall constitute
a separate offense.
E.
Appeals. The decisions or orders of the Stormwater
Authority shall be final. Further relief shall be to a court of competent
jurisdiction.
F.
Remedies not exclusive. The remedies listed in this
bylaw are not exclusive of any other remedies available under any
applicable federal, state or local law.
The invalidity of any section, provision, paragraph,
sentence, or clause of this Stormwater 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.
This Stormwater Bylaw shall take effect upon
approval of the Attorney General and upon compliance with requirements
of MGL c. 40, Section 32.
