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.
ALTERATION OF DRAINAGE CHARACTERISTICS — Any
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 on the area.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Town of Wakefield Advisory Board of Public Works.
Any activity that removes the vegetative surface cover.
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.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
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.
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 – 56. The policy addresses
stormwater impacts through implementation of performance standards
to reduce or prevent pollutants from reaching water bodies and control
the quantity of runoff from a site.
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 Wakefield.
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 out from a point source
into waters of the commonwealth.
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociologic, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
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.
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.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
A plan required as part of the application for a stormwater management permit. See § 170-35.
Total suspended solids.
A.
Regulation of discharges to the municipal separate
storm sewer system (MS4) is necessary for the protection of the Town's
water bodies and groundwater, and to safeguard the public health,
safety, welfare and the environment. Increased and contaminated stormwater
runoff associated with developed land uses and the accompanying increase
in impervious surface are major causes of:
B.
Therefore, this bylaw establishes stormwater management
standards for the final conditions that result from development and
redevelopment projects to minimize adverse impacts off site and downstream
which would be born by abutters and the general public.
C.
The objectives of this bylaw are:
(1)
To require practices to control the flow of stormwater
from newly developed and redeveloped sites into the Town storm drainage
system in order to prevent flooding and erosion;
(2)
To protect groundwater and surface water from degradation;
(3)
To promote groundwater recharge;
(4)
To prevent pollutants from entering the Town's municipal
separate storm sewer system (MS4) and to minimize discharge of pollutants
from the MS4;
(5)
To ensure adequate long-term operation and maintenance
of structural stormwater best management practices so that they work
as designed;
(6)
To comply with state and federal statutes and regulations
relating to stormwater discharges; and
(7)
To establish the Town's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring,
and enforcement.
A.
No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance meeting the thresholds set forth in § 170-17, Applicability, without a permit from the Board hereunder.
B.
Construction activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity or the original purpose of the site.
C.
Exemptions. The following shall be exempt from the
provisions of this bylaw:
(1)
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(2)
Maintenance of existing landscaping, gardens or lawn
areas associated with a single-family dwelling;
(3)
The construction of fencing that will not substantially
alter existing terrain or drainage patterns;
(4)
Construction of utilities other than drainage (gas,
water, electric, telephone, etc.), which will not alter terrain or
drainage patterns;
(5)
As authorized in the Phase II Small MS4 General Permit
for Massachusetts, stormwater discharges resulting from the activities
identified in Section 4 that are wholly subject to jurisdiction under
the Wetlands Protection Act and demonstrate compliance with the Massachusetts
Stormwater Management Policy as reflected in an order of conditions
issued by the Conservation Commission are exempt from compliance with
this bylaw;
(6)
Furthermore, stormwater discharges resulting from
the above activities or from development or construction relating
to any project, or portion thereof, that has received any of the following:
A.
The Board shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Board
may be delegated in writing by the Board to its employees or agents.
B.
Rules and regulations. The Board may adopt and periodically
amend rules and regulations relating to the procedures and administration
of this Stormwater Management Bylaw, by majority vote of the Board
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 seven (7) days prior to the hearing
date.
A.
Filing application.
(1)
The site owner shall file with the Board at the office
of the Department of Public Works a completed application package
for a stormwater management permit (SMP). Permit issuance is required
prior to any site altering activity. While the applicant can be a
representative, the permittee must be the owner of the site. The SMP
application package shall include:
(a)
A completed application form with original signatures
of all owners plus ten (10) copies thereof;
(b)
A list of abutters, certified by the Assessors'
Office;
(c)
For proposed work disturbing more than one (1)
acre of land, one (1) copy of the NPDES general permit issued for
stormwater discharges from construction activities;
(d)
Ten (10) copies of the stormwater management plan and project description as specified in § 170-35;
(e)
Ten (10) copies of the operation and maintenance plan as required by § 170-36 of this bylaw; and
(f)
Payment of the application and review fees.
(2)
After the foregoing is filed with the Board, one (1)
copy of the application form, the stormwater management plan, the
operation and maintenance plan, and the list of abutters shall be
filed with the Town Clerk. The date of filing with the Town Clerk
shall be the date on which the application is deemed filed with the
Board, provided that the filing of the package with the Board precedes
the filing with the Town Clerk.
B.
Entry. Filing an application for a permit grants the
Board, or its agent, permission to enter the site to verify the information
in the application and to inspect for compliance with the resulting
permit.
C.
Other boards. The Board shall notify the Town Clerk
of receipt of the application, and shall give one copy of the application
package to Planning Board, Board of Health, Conservation Commission
and Department of Public Works, or others as appropriate or required
by the Board.
D.
Fee structure. The Board shall obtain with each submission
an application fee established by the Board to cover expenses connected
with the public hearing and application review of the stormwater management
permit and a technical review fee sufficient to cover professional
review. The Board is authorized to retain a registered professional
engineer or other professional consultant to advise the Board on any
or all aspects of these plans. Applicants must pay review fees before
the review process may begin.
E.
Public hearing. The Board shall hold a public hearing
within twenty-one (21) days of the receipt of a complete application
and shall take final action within twenty-one (21) days from the close
of the hearing unless such time is extended by agreement between the
applicant and the 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 seven (7) days prior
to the hearing.
F.
Actions. The Board's action, rendered in writing,
shall consist of either:
(1)
Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in § 170-35 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw;
G.
Failure of the Board 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 Board action, the Board must
issue a stormwater management permit.
H.
Plan changes. The permittee must notify the Board in writing of any drainage change or alteration in the system authorized in a stormwater management permit before any change or alteration is made. If the Board determines that the change or alteration is significant, based on the stormwater management standards in § 170-35B and accepted construction practices, the Board may require that an amended application be filed and a public hearing held.
I.
Project completion. At completion of the project,
the permittee shall submit as-built record drawings of all structural
stormwater controls and treatment best management practices required
for the site. The as-built drawing shall show deviations from the
approved plans, if any, and be certified by a registered professional
engineer.
A.
The application for a stormwater management permit shall consist of submittal of a stormwater management plan to the Board. This stormwater management plan shall contain sufficient information for the Board to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the Massachusetts stormwater management standards as set forth in Subsection B of this section and DEP Stormwater Management Handbook Volumes I and II. The stormwater management plan shall fully describe the project in drawings and narrative. It shall include:
(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 and proposed topography with contours
at two-foot intervals;
(7)
The existing site hydrology;
(8)
A description and delineation of existing stormwater
conveyances, impoundments, and wetlands on or adjacent to the site
or into which stormwater flows;
(9)
A delineation of one-hundred-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 coefficients for each;
(12)
A drainage area map showing pre- and post-construction
watershed boundaries, drainage area and stormwater flow paths;
(13)
A description and drawings of all components
of the proposed drainage system including:
(a)
Locations, cross sections, and profiles of all
brooks, streams, drainage swales and their method of stabilization;
(b)
All measures for the detention, retention or
infiltration of water;
(c)
All measures for the protection of water quality;
(d)
The structural details for all components of
the proposed drainage systems and stormwater management facilities;
(e)
Notes on drawings specifying materials to be
used, construction specifications, and typicals; and
(f)
Expected hydrology with supporting calculations.
(14)
Proposed improvements including location of
buildings or other structures, impervious surfaces, and drainage facilities,
if applicable;
(15)
Timing, schedules, and sequence of development
including clearing, stripping, rough grading, construction, final
grading, and vegetative stabilization;
(16)
A maintenance schedule for the period of construction;
and
(17)
Any other information requested by the Board.
B.
Standards.
(1)
Projects shall meet the standards of the Massachusetts
Stormwater Management Policy, which are as follows:
(a)
No new stormwater conveyances (e.g. outfalls)
may discharge untreated stormwater directly to or cause erosion in
wetlands or water of the commonwealth.
(b)
Stormwater management systems must be designed
so that post-development peak discharge rates do not exceed pre-development
peak discharge rates.
(c)
Loss of annual recharge to groundwater should
be avoided through the use of infiltration measures to the maximum
extent practicable.
(d)
For new development, stormwater management systems
must be designed to remove 80% of the average annual load (post-development
conditions) of total suspended solids (TSS). It is presumed that this
standard is met when:
(e)
Stormwater discharges from areas with higher
potential pollutant loads require the use of specific stormwater management
BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook).
The use of infiltration practices without pretreatment is prohibited.
(f)
Stormwater discharges to critical areas must
utilize certain stormwater management BMPs approved for critical areas
(see Stormwater Management Volume I: Stormwater Policy Handbook).
Critical areas are outstanding resource waters (ORWs), shellfish beds,
swimming beaches, cold-water fisheries and recharge areas for public
water supplies.
(g)
Redevelopment of previously developed sites
must meet the stormwater management standards to the maximum extent
practicable. However, if it is not practicable to meet all the standards,
new (retrofitted or expanded) stormwater management systems must be
designed to improve existing conditions.
(h)
Erosion and sediment controls must be implemented
to prevent impacts during disturbance and construction activities.
(i)
All stormwater management systems must have
an operation and maintenance plan to ensure that systems function
as designed.
(2)
When one or more of the standards cannot be met, an
applicant may demonstrate that an equivalent level of environmental
protection will be provided.
C.
Project changes. The permittee, or its agent, shall notify the Board in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the Board determines that the change or alteration is significant, based on the design requirements listed in this § 170-35 and accepted construction practices, the Board may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the Board may require the installation of interim measures before approving the change.
An operation and maintenance plan (O&M plan)
is required at the time of application for all projects. The maintenance
plan shall be designed to ensure compliance with the permit and this
bylaw and that the Massachusetts Surface Water Quality Standards 314
CMR 4.00 are met in all seasons and throughout the life of the system.
The Board shall make the final decision of what maintenance option
is appropriate in a given situation. The Board will consider natural
features, proximity of site to water bodies and wetlands, extent of
impervious surfaces, size of the site, the types of stormwater management
structures, and potential need for ongoing maintenance activities
when making this decision. The operation and maintenance plan shall
remain on file with the Board and shall be an ongoing requirement.
The O&M plan 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 schedule for all drainage structures,
including swales and ponds.
(4)
A list of easements with the purpose and location
of each.
(5)
The signature(s) of the owner(s).
C.
Stormwater management easement(s).
(1)
Stormwater management easements shall be provided
by the property owner(s) as necessary for:
(a)
Access for facility inspections and maintenance.
(b)
Preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities, including flood
routes for the one-hundred-year storm event.
(c)
Direct maintenance access by heavy equipment
to structures requiring regular cleanout.
(2)
The purpose of each easement shall be specified in
the maintenance agreement signed by the property owner.
(3)
Stormwater management easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by the Board.
(4)
Easements shall be recorded with the Middlesex County
South Registry of Deeds prior to issuance of a certificate of completion
by the Board.
D.
Changes to operation and maintenance plans.
(1)
The owner(s) of the stormwater management system must
notify the 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 Board and the responsible parties. Amendments must be in writing
and signed by all responsible parties. Responsible parties shall include
owner(s), persons with financial responsibility, and persons with
operational responsibility.
A.
The Board shall inspect the project site at the following
stages:
(1)
Initial site inspection: prior to approval of any
plan.
(2)
Erosion control inspection: to ensure erosion control
practices are in accord with the filed plan.
(3)
Bury inspection: prior to backfilling of any underground
drainage or stormwater conveyance structures.
(4)
Final inspection. After the stormwater management
system has been constructed and before the surety has been released,
the applicant must submit a record plan detailing the actual stormwater
management system as installed. The Board shall inspect the system
to confirm its as-built features. This inspector shall also evaluate
the effectiveness of the system in an actual storm. If the inspector
finds the system to be adequate he/she shall so report to the Board,
which will issue a certificate of completion.
B.
If the system is found to be inadequate by virtue
of physical evidence of operational failure, even though it was built
as called for in the stormwater management plan, it shall be corrected
by the permittee. Examples of inadequacy shall be limited to: errors
in the infiltrative capability, errors in the maximum groundwater
elevation, failure to properly define or construct flow paths, or
erosive discharges from basins.
A.
The Board may waive strict compliance with any requirement
of this bylaw or the rules and regulations promulgated hereunder,
where:
B.
Any applicant may submit a written request to be granted
such a waiver. Such a request shall be accompanied by an explanation
or documentation supporting the waiver request and demonstrating that
strict application of the bylaw does not further the purposes or objectives
of this bylaw.
C.
All waiver requests shall be discussed and voted on
at the public hearing for the project.
D.
If in the Board's opinion, additional time or information
is required for review of a waiver request, the Board may continue
a hearing to a date certain announced at the meeting. In the event
the applicant objects to a continuance, or fails to provide requested
information, the waiver request shall be denied.
The Board will issue a letter certifying completion
upon receipt and approval of the final inspection reports and/or upon
otherwise determining that all work of the permit has been satisfactorily
completed in conformance with this bylaw.
A.
The Board or an authorized agent of the Board shall
enforce this bylaw, regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations.
B.
Orders.
(1)
The Board or an authorized agent of the Board may
issue a written 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 operation
and maintenance plan;
(c)
Perform monitoring, analyses, and reporting;
and/or
(d)
Remediate 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 shall set
forth a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town may, at its option, undertake such work, and the property
owner shall reimburse the Town's expenses.
(3)
Within thirty (30) days after completing all measures
necessary to abate the violation or to perform remediation, the violator
and the property owner shall be notified of the costs incurred by
the Town, including administrative costs. The violator or property
owner may file a written protest objecting to the amount or basis
of costs with the Board within thirty (30) days of receipt of the
notification of the costs incurred. If the amount due is not received
by the expiration of the time in which to file a protest or within
thirty (30) days following a decision of the Board affirming or reducing
the costs, or from a final decision of a court of competent jurisdiction,
the costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57, after
the thirty-first day at which the costs first become due.
C.
Criminal penalty. Any person who violates any provision
of this bylaw, or regulation, order or permit issued thereunder, shall
be punished by a fine. 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 Board may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and § 1-7 of the Code of the Town of Wakefield, in which case the Town of Wakefield Town Engineer shall be the enforcing person. The penalty for the 1st violation shall be $100. The penalty for the 2nd violation shall be $200. The penalty for the 3rd 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 Board 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.
If any provision, paragraph, sentence, or clause
of this bylaw shall be held invalid for any reason, all other provisions
shall continue in full force and effect.
To the Wakefield Advisory Board of Public Works:
The undersigned hereby submits a Stormwater
Management Permit Application as defined in the Bylaws of the Town
of Wakefield Section 170-Storm Drain System and requests a review
and determination by the Board of the enclosed Stormwater Management
Plan. The applicant hereby authorizes the Board and/or its designees
to inspect the property described below from time to time for the
purpose of establishing compliance with any permit or order of the
Board, pursuant to the said bylaw.
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The Stormwater Management Plan involves property
where owner's title to the land is derived under deed from __________,
dated _____, and recorded in the Middlesex County South Registry of
Deeds, Book _____, Page _____, or Land Court Certificate of Title
No. _____, Registered in _____ District, Book _____, Page _____.
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Give a brief summary of the nature of the project.
| |
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The property (building) is described as being
located at __________________________; it is currently used as _____________________________________,
and the changes proposed to be made are ____________________________________________________________.
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The project is located on the parcel shown on
Assessors Map _____, Parcel _____.
| |
|
Applicant's Name (print)
|
Owners' Names(s)
|
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Applicant's Name (print)
|
Owners' Names(s)
|
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Applicant's Name (print)
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Owners' Names(s)
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Date Received by Town Clerk: ____________________________
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Town Clerk's Signature _______________________________________________
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Please note: 1) An applicant for a Stormwater
Management Plan Review must file with the Board an original Stormwater
Management Permit Application Form and ten (10) copies thereof, a
list of abutters, ten (10) copies of the Stormwater Management Plan
Package, ten (10) copies of the Operation and Maintenance Plan, and
the application and review fees as noted in the Stormwater Management
Plan Review Fee Schedule. 2) The applicant shall also file a copy
of the Stormwater Management Plan, Operation & Maintenance Plan,
and the application form with the Town Clerk after filing with the
Board. The date of receipt by the Town Clerk shall be the official
filing date.
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A.
The following fee schedules are minimum fees. The
Board may require higher fees if deemed necessary for proper review
of an application or to ensure compliance.
(1)
No application fee required.
B.
General.
(1)
Any application not accompanied by the appropriate
fee shall be deemed incomplete. Payment must be made to the Board
in money order or bank or certified check payable to the Town of Wakefield.
(2)
An applicant's failure to pay any additional review
or inspection fee within five business days of receipt of the notice
that further fees are required shall be grounds for disapproval.
(3)
Funds received by the Board for professional review
services pursuant to this section shall be deposited with the Wakefield
Treasurer.
(4)
The Board will publish the public notice and send
abutter notifications. Abutter notification shall be by certified
mail-return receipt requested. The applicant shall pay all costs associated
with the publication and notification requirements. These costs shall
not be imposed on the applicant if the applicant completes the public
notice and abutter notification requirements, and provides the Board
with copies of the public notices and the return receipt cards.
C.
Professional review fees include engineering review,
legal review, and clerical fees associated with the public hearing
and permit processing. A fee estimate may be provided by the Board's
consulting engineer.
