[HISTORY: Adopted by the Conservation Commission
of the Town of Ashland 5-28-2008. Amendments noted where applicable.]
The purposes of these Stormwater Management
Regulations are 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 increased post-development
stormwater runoff, decreased groundwater recharge, and nonpoint source
pollution associated with new development and redevelopment, as more
specifically addressed in the Stormwater Management Bylaw of the Town
of Ashland.[1]
Establish uniform regulations and procedures
for conducting the business of the Conservation Commission under its
jurisdiction as a Permit Granting Authority for the Ashland Stormwater
Management Bylaw.
The Rules and Regulations (Regulations) contained
herein have been adopted by the Town of Ashland Conservation Commission
(Commission) in accordance with the Town of Ashland Stormwater Management
Bylaw (hereinafter "The Bylaw").
2.1
Nothing in these Regulations is intended to derogate
from or replace the requirements of the Town of Ashland Wetlands Protection
Bylaw or any Rules and Regulations adopted thereunder.
2.2
These Stormwater Regulations may be periodically amended
by the Commission in accordance with the Town of Ashland Stormwater
Management Bylaw.
The Stormwater Management Bylaw is applicable
to illicit discharges and all new development and redevelopment, including,
but not limited to, site plan applications, subdivision applications,
grading applications, land use conversion applications, any activity
that will result in an increased amount of stormwater runoff or pollutants
flowing from a parcel of land, or any activity that will alter the
drainage characteristics of a parcel of land, unless exempt pursuant
to the Stormwater Management Bylaw.
Any person applying for a Stormwater Management
Permit (hereinafter "SMP") under the Stormwater Management Bylaw,
whether or not governed by any other federal, state or local regulations,
laws, permits, variances, approvals, or programs, shall comply with
the provisions of these Regulations. An SMP shall be required from
the Commission for the following:
3.1
Any activity subject to Site Plan Review (§ 282-6);
3.2
Any activity that will result in soil disturbance
of 10,000 square feet, or more than fifty percent (50%) of the parcel
or lot, whichever is less;
3.3
Any residential development or redevelopment of five
(5) or more acres of land proposed pursuant to "the Subdivision Control
Law" G.L. c. 41, sections 81K to 81GG inclusive, or proposed under
a special permit process pursuant to G.L. c. 40A, sec. 9;
3.4
Any activity that will increase the amount of impervious
surfaces more than 50% of the area of a parcel or lot, and
3.5
Any activity that will disturb land with 15% or greater
slope and where the land disturbance is greater than or equal to 5,000
square feet within the sloped area.
3.6
Any activity that will alter, fill or degrade a wetland,
body of water, floodplain or isolated depression subject to flooding.
The following activities are exempt from the
requirements of The Bylaw:
(1)
Normal maintenance of Town owned public land, ways
and appurtenances;
(2)
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation, 310 CMR
10.04, and MGL Chapter 40A, Section 3;
(3)
Repair or replacement of septic systems when approved
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 100 cubic yards
of soil material, or alteration of drainage patterns;
(5)
The construction of fencing that will not alter existing
terrain or drainage patterns;
(6)
Construction and associated grading of a way that
has been approved by the Planning Board;
(7)
The maintenance, reconstruction or resurfacing of
any public way; and the installation of drainage structures or utilities
within or associated with public ways that have been approved by the
appropriate authorities provided that written notice be filed with
the Conservation Commission fourteen (14) days prior to commencement
of activity;
(8)
The removal of earth products undertaken in connection
with an agricultural use if the removal is necessary for or directly
related to planting, cultivating or harvesting or the raising or care
of animals, or
The definitions contained herein apply to issuance
of an SMP established by the Town of Ashland Stormwater Management
Bylaw and implemented through these Stormwater Regulations. Terms
not defined in this section or in The Bylaw shall be construed according
to their customary and usual meaning unless the context indicates
a special or technical meaning.
AGRICULTURE
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The normal maintenance or improvement of land
in agricultural or aquacultural use, as defined by the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40) and its implementing
regulations (310 CMR 10.00).
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ALTER
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Any activity that changes the water quality,
or the force, quantity, direction, timing or location of runoff flowing
from the area and will measurably change the ability of a ground surface
area to absorb water. 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. "Alter" may be
similarly represented as "alteration of drainage characteristics,"
and "conducting land disturbance activities."
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APPLICANT
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Any person, as defined below, requesting a stormwater
management permit for proposed land-disturbance activity.
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AUTHORIZED ENFORCEMENT AGENCY
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The Conservation Commission (hereinafter "the
Commission") and its employees or agents or other employee of the
Town of Ashland shall be in charge of enforcing the requirements of
this bylaw.
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BEST MANAGEMENT PRACTICE (BMP)
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Structural and nonstructural techniques that
are recognized to be the most effective and practical means to reduce
erosion and sediment, prevent or reduce increases in storm water volumes
and flows, reduce point source and nonpoint source pollution, and
promote storm water quality and protection of the environment. "Structural"
BMPs are devices that are engineered and constructed to provide temporary
storage and treatment of storm water 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.
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BETTER SITE DESIGN
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Site design approaches and techniques that can
reduce a site's impact on the watershed through the use of nonstructural
stormwater management practices. "Better site design" includes conserving
and protecting natural areas and green space, reducing impervious
cover, and using natural features for stormwater management.
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CERTIFIED LIST OF ABUTTERS
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A list of abutters, certified by the Assessors
Office; (abutters at their mailing addresses shown on the most recent
applicable tax list of the assessors, including owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within 100 feet of the property line of the Applicant, including
any in another municipality or across a body of water).
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CONSTRUCTION AND WASTE MATERIALS
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Excess or discarded building or construction
site materials that may adversely impact water quality, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste.
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CONVEYANCE
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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.
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DISTURBANCE OF LAND
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Any action that causes a change in the position,
location, or arrangement of soil, sand, rock, gravel or similar earth
material.
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DISTURBED AREA
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An area, man-made or natural, where the existing
condition has been or is proposed to be altered.
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DRAINAGE EASEMENT
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A legal right granted by a landowner to a grantee
allowing the use of private land for stormwater management purposes.
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ENVIRONMENTAL SITE MONITOR
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A professional engineer or other trained professional
selected by the Commission and retained by the holder of a stormwater
management permit to periodically inspect the work and report to the
Commission.
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EROSION
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A condition in which the earth's surface, including
soil or rock fragment, is detached and moved away by the action of
water, wind, ice, gravity or other natural means.
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EROSION CONTROL
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The prevention or reduction of the movement
of soil particles or rock fragments.
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EROSION CONTROL PLAN
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A document containing narrative, drawings, and
details developed by a Qualified Professional, which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during all phases of construction
related land disturbance activities.
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ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED
VERNAL POOLS
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Habitats delineated for state-protected rare
wildlife and certified vernal pools for use with the Wetlands Protection
Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (304 CMR 11.00)
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FLOOD CONTROL
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The prevention or reduction of flooding and
flood damage.
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FLOODING
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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.
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GENERAL STORMWATER MANAGEMENT PERMIT (GSMP)
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A permit issued for an application that meets
a set of pre-determined standards outlined in the Regulations to be
adopted by the Commission under this Bylaw. By meeting these pre-determined
standards, the proposed project will be presumed to meet the requirements
and intent of this Bylaw.
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GRADING
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Changing the level or shape of the ground surface.
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GROUNDWATER
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All water beneath any land surface including
water in the soil and bedrock beneath water bodies.
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GRUBBING
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The act of clearing land by digging up roots
and stumps.
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HOTSPOT
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Land uses or activities with higher potential
pollutant loadings, such as, but not limited to, auto salvage yards,
auto fueling 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.
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ILLICIT DISCHARGES
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Any discharge to a stormwater structure, stream,
lake, pond, vernal pool, body of water or wetland that is or has not
been permitted, waived or exempted by the Town (state and/or federal
regulations).
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IMPERVIOUS SURFACE
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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, parking
lots, sidewalks, roof tops, driveways, patios, and paved, gravel,
compacted dirt surfaced roads and similar surfaces with a runoff coefficient
(Rational Method) greater than 85.
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INFILTRATION
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The act of conveying surface water into the
ground to permit groundwater recharge and the reduction of stormwater
runoff from a project site.
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ISOLATED DEPRESSION SUBJECT TO FLOODING
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An isolated depression or closed basin which
serves as a ponding area for runoff or high groundwater which has
risen above the ground surface. The basin must confine standing water
at least once per year for a two-month period in nondrought conditions
to an average depth of six inches and occupy a minimum surface area
of 5,000 square feet.
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MASSACHUSETTS ENDANGERED SPECIES ACT (MGL c.131A)
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With its implementing regulations (321 CMR 10.00),
the act prohibits the taking of any rare plant or animal species listed
as Endangered, Threatened, or of Special Concern [321 CMR 10.04(1)].
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MASSACHUSETTS STORMWATER MANAGEMENT POLICY
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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.
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MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
or MUNICIPAL STORM DRAIN SYSTEM
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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 Ashland.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
- NPDES
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NPDES is defined as a program administered by
the United States Environmental Protection Agency. The purpose of
NPDES is control nonpoint source pollutant contamination of stormwater
discharges from a variety of sources, including, but not limited to,
Municipal Separate Storm Sewer Systems (MS4s) and construction sites
which disturb one-acre or more.
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NEW DEVELOPMENT
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Any construction or land disturbance of a parcel
of land that is currently in a natural vegetated state.
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NGVD of 1929
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National Geodetic Vertical Datum of 1929, a
vertical control datum established for vertical control in the United
States by the general adjustment of 1929.
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NONPOINT SOURCE POLLUTION
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Pollution from many diffuse sources caused by
rainfall or snowmelt 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.
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NOTICE OF COMPLETION (NOC)
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A document issued by the Conservation Commission
after all construction activities have been completed which states
that all conditions of an issued SMP have been met and that a project
has been completed in compliance with the conditions set forth in
a SMP.
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OPERATION AND MAINTENANCE PLAN
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A plan that defines 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.
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OWNER
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A person with a legal or equitable interest
in a property.
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PERSON
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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 Ashland, and any other legal entity, its legal
representatives, agents, or assigns.
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PHASED DEVELOPMENT
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The method of segmenting and dividing the disturbance,
construction or development of a site into smaller areas and/or timeframe
(to reduce possible impacts to the site and resource).
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POINT SOURCE
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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.
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POST- DEVELOPMENT
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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.
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PRE-DEVELOPMENT
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The conditions that exist at the time that plans
for the land development of a tract of land are submitted to the Conservation
Commission. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish predevelopment
conditions.
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QUALIFIED PROFESSIONAL
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A civil engineer registered in Massachusetts,
a registered land surveyor, a Massachusetts licensed soil evaluator,
a certified professional in erosion and sediment control, a certified
professional in stormwater quality, or other person who can satisfactorily
demonstrate to the issuing authority proficiency in the field of stormwater
management as appropriate to the scope of the project.
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RECHARGE
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The replenishment of underground water reserves.
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REDEVELOPMENT
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Any construction, alteration, or improvement
exceeding land disturbance of 5,000 square feet, where the existing
land use is commercial, industrial, institutional, or multifamily
residential.
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REGULATIONS
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The Rules and Regulations for an SMP as presented
herein.
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RESOURCE AREA
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Any area protected under including without limitation:
the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act,
the Town of Ashland Wetlands Protection Bylaw or the Town of Ashland
Stormwater Management Bylaw.
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RUNOFF
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Rainfall, snowmelt, or irrigation water flowing
over the ground surface.
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SEDIMENT
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Solid material, whether mineral or organic,
that is in suspension, is transported or has been moved from its site
of origin by erosion.
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SEDIMENTATION
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A process of depositing material that has been
suspended and transported in water.
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SITE
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The parcel of land being developed, or a designated
planning area in which the land development project is located.
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SLOPE
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The vertical rise divided by the horizontal
distance and expressed as a fraction or percentage.
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STABILIZED
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The elimination of any erosion or erosion potential.
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STORMWATER MANAGEMENT
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The use of structural or non-structural practices
that are designed to reduce storm water runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates.
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STORMWATER MANAGEMENT HANDBOOK
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Massachusetts Stormwater Handbook, Volumes One,
Two, and Three, prepared by the Massachusetts Department of Environmental
Protection and the Massachusetts Office of Coastal Zone Management,
dated February 2008, as the same may be from time to time revised.
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STOP WORK ORDER
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An order issued which requires that all construction
activity on a site be stopped.
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TSS
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Total Suspended Solids (TSS) are solids in water
that can be trapped by a filter. TSS can include a wide variety of
material, such as silt, decaying plant and animal matter, industrial
wastes, and sewage.
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VERNAL POOL
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A confined basin or depression not occurring
in existing lawns, gardens, landscaped areas or driveways which, at
least in most years, holds water for a minimum of two continuous months
during the spring and/or summer, contains at least 200 cubic feet
of water at some time during most years, is free of adult fish populations,
and provides essential breeding and rearing habitat functions for
amphibian, reptile or other vernal pool community species, regardless
of whether the site has been certified by the Massachusetts Division
of Fisheries and Wildlife.
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WATER QUALITY VOLUME (WQv)
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The storage needed to capture a specified average
annual stormwater runoff volume. Numerically (WQv) will vary as a
function of drainage area or impervious area.
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The Conservation Commission shall administer,
implement and enforce these Regulations. Projects or activities approved
by the Conservation Commission shall be deemed in compliance with
the intent and provisions of these Stormwater Regulations.
6.1
Coordination with Other Permits
In the case where the proposed development or
alteration is subject to the Massachusetts Wetlands Protection Act
and/or the Ashland Wetlands Bylaw, the Applicant shall submit the
required application/s with the Application for a SMP hereunder. The
Commission shall consider both applications at the same time. Any
SMP issued by the Commission applies only to the requested approval.
Other approvals or permits required by the Zoning Bylaw of the Town
of Ashland, other governmental boards, agencies or bodies having jurisdiction,
shall not be assumed or implied by issuance of the SMP.
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6.2
Waiver of Regulations
Strict compliance with these Regulations may
be waived if the Commission finds that the waiver is allowed by federal,
state and local statutes and/or regulations, is in the public interest
or is unnecessary because the project will not adversely impact the
environmental resources, and is consistent with the intent and purpose
of The Bylaw and these Regulations.
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Any request from an Applicant for a waiver of
these Regulations must be submitted, in writing, to the Commission
at the time of submission of the Application. Such requests must clearly
identify the provision/s of the Regulations from which relief is sought
and be accompanied by a statement setting forth the reasons why, in
the Applicant's opinion, the granting of such a waiver would be in
the public interest or why the specific information required is irrelevant
to the project, and demonstrating that strict application of the Bylaw
does not further the purposes or objectives of this Bylaw.
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6.3
Provision of Security
The Commission may require the permittee to
post with the Town before the start of land disturbance or construction
activity, a surety bond, irrevocable letter of credit, cash, or other
acceptable security to secure the satisfactory completion of all or
any part of the work authorized under an SMP (known as the Stormwater
Completion Surety). The form of the surety shall be approved by the
town treasurer, and be in an amount deemed sufficient by the Commission
to ensure that the work will be completed in accordance with the SMP.
If the project is phased, the Commission may release part of the bond
as each phase is completed in compliance with the SMP but the bond
may not be fully released until the Commission has received the final
inspection report as required by these Regulations and issued a Notice
of Completion.
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The Conservation Commission may also require
the permittee to secure the future maintenance of the stormwater system
by a perpetual surety bond or by a deposit of money of an amount as
determined by the Conservation Commission. This shall be named the
Stormwater Maintenance Surety. In the event that the permittee does
not follow maintenance procedures and programs as approved by the
Conservation Commission, the Commission shall have the authority to
expend any portion of said security to provide such maintenance.
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In the event the Commission determines that
either stormwater surety is no longer required, it will be returned.
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6.4
Amendments to the Regulations
The Regulations may be amended by a majority
vote of the Commission in a public meeting.
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Anyone may file an application for an SMP provided
that the property owner of record has signed the application form
thereby granting his/her consent to the filing of the application.
An Applicant has the option of an informal meeting with the Commission
prior to filing the Application to receive informal guidance to facilitate
the processing of the application. Any informal guidance provided
to the applicant shall not be construed as an approval or endorsement
of the project.
7.1
Application Fees
An application shall be accompanied by a non-refundable
fee to cover the expenses incurred by the town in reviewing the application.
Part of the fee may be waived if the Commission chooses to have some
of the review work performed by outside consultants as provided below:
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7.1.1
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The fees for an SMP are as follows:
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7.1.1.1
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Basic Residential Application
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$100
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7.1.1.2
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Application for Residential Subdivision or Multifamily
Development
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$500
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7.1.1.3
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Commercial Application
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$750
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7.1.1.4
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Notice of Completion for Non-Basic Residential
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$150
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7.1.1.5
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Permit Extension
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$150
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7.1.1.6
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True Copy Attest
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$50
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7.1.1.7
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Re-inspection
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$50
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7.2
Engineering and Consultant Reviews and Fees
The Commission is authorized to require an Applicant
to pay a fee for the reasonable costs and expenses for specific expert
engineering and other consultant services deemed necessary by the
Commission to reach a final decision on the application.
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7.2.1
Consultant fees shall be determined at the time of
filing of an application based on a specific scope of work as the
Commission may determine.
a)
The services for which a consultant may be utilized
include, but are not limited to, hydrologic and drainage analysis,
stormwater quality analysis, site inspections, as-built plan review,
and analysis of legal issues.
b)
The Commission is authorized to require an Applicant
to pay reasonable costs and expenses for certain activities which
utilize the services of Town Staff in connection with review or consideration
of a pending SMP application.
c)
Subject to applicable law, any unused portion of any
fees collected shall be returned by the Commission to the Applicant
within forty-five calendar days of a written request by the Applicant
upon completion of the project.
d)
The Engineering and Consultant Review fees collected
under these Regulations shall be deposited in an escrow account.
7.2.2
Appeal from the Selection of the Consultants - The
Applicant may appeal from the selection of an outside review consultant
to the Select Board. 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 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 Applicant
must identify the specific grounds which the Applicant claims constitute
a conflict of interest or a failure to meet minimum professional requirements.
[Amended 11-20-2019 STM, Art. 13]
a)
Appeal from Selection of the Consultant shall result
in a stay of the time period for deliberation of the application until
the appeal is resolved.
7.3
Submission of an Application
Seven (7) complete copies of the application
(one [1] full size copy of all plan sheets and six [6] reduced size
copies of all plan sheets), the required fees and proof that the applicant
does not have any outstanding tax liability with the Town shall be
submitted to the office of the Commission during normal business hours.
The Commission staff will file a copy with the Town Clerk who will
certify the date and time of filing. The Commission staff may request
additional copies. The Applicant may request and shall be entitled
to a receipt for the materials submitted.
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Information submitted after the initial filing
of the application as described above will be accepted and the public
hearing may be continued at the discretion of the Commission to allow
time to review the new material. The number of copies of the additional
materials required shall be at the discretion of the Commission. The
public hearing may be continued, at the discretion of the Commission,
to allow time for review of the new material. Questions concerning
this process should be directed to the Commission staff.
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7.4
Review of Application
The Commission will transmit a copy of an application
to various other town departments, boards, committees, agencies or
independent consultants to ensure full and qualified review of the
application. The Commission will make copies of reviews available
to the applicant.
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7.5
Application Form
Any Application for an SMP shall be made in
writing and include the completed application form entitled "Application
for a Stormwater Management Permit" attached to these Regulations.[1] In the case where the Applicant is a person other than
the record owner of the property, the Applicant must obtain the owner's
signature on the application indicating that the owner has knowledge
of and consents to the Application. If the Applicant is acting in
the name of a trust, corporation or company, a letter documenting
the authorizing vote shall be attached.
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An Application for an SMP that lacks information
or is incomplete may be denied or delayed. The Applicant shall be
responsible for factually supporting all points relied upon in the
Application including references for methodologies used in design
calculations.
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7.5.1
All plan sheets and engineering calculations shall
bear the seal and/or signature of a Qualified Professional as appropriate
to the data.
7.5.2
Entry - Filing an application for an SMP grants the
Commission, or its agent, permission to enter the site to verify the
information in the application and to inspect for compliance with
the resulting SMP
[1]
Editor's Note: A copy of the application form is included at the end of this chapter.
7.6
Application Contents
A complete Application for an SMP shall include
the following items listed below and other items required by these
Regulations.
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7.6.1
A completed Application Form with original signatures
of all owners;
7.6.2
A list of abutters;
7.6.3
Payment of the application and review fees;
7.6.4
Inspection and Maintenance agreement/s;
7.6.5
Surety bond, if required, and
7.6.6
Other Permits, Approvals and Variances.
7.6.7
List and copies of variances, special permits, and
other permits previously issued by other Town boards or departments,
State and Federal agencies, and a list of any variances or permits
required to complete the proposed work, as well as a town treasurer's
certification that the applicant has no outstanding tax liabilities
with the town.
NOTE:
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If any other permits are required from the Commission,
the Applicant is hereby permitted and encouraged to make the applications
for such additional permits concurrently with this SMP application.
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7.6.8
Recorded Plans and Deeds: A copy of the most recently
recorded plan(s) and deed(s) for the lot(s) on which the work will
take place bearing the book number(s), page number(s), and date(s)
of recording(s) or registration(s).
7.6.9
Locus Plan: A locus plan at a scale appropriate for
the proposed project showing the area within a 1/2 mile radius of
the site, Zoning Districts and property boundary lines, surface water
bodies, wetlands, existing and future planned public wells, private
wells, major roadways and other landmarks.
7.6.10
Site Composite
Plan: One or more plan sheets with a detailed legend for all symbols
used, and a detailed site data table for all relevant dimensional
information, showing the following:
7.6.10.1
Wellhead Protection Zone(s) in which the site
and lot are located, if any;
7.6.10.2
Total lot area and areas of Floodplain District
(Section 282-36 of the Code of the Town of Ashland) and Wetlands on
the lot (in percent and square feet);
7.6.10.3
Existing/Proposed areas (in percent and square
feet) of impervious cover, open space, undisturbed open space with
such areas clearly delineated on plan. Limits of clearance and disturbance
as it will be staked and marked in the field for construction purposes;
7.6.10.4
Natural Features, including surface water bodies,
wetlands, land within the Floodplain District, natural drainage courses,
ledge outcropping, vegetation, soils;
7.6.10.5
Existing and proposed structures and impervious
cover;
7.6.10.6
Pre- and post-development topography in two
(2) foot contours, or as appropriate to the proposed development,
with reference to the NGVD of 1929;
7.6.10.7
A sufficient number of test pits and test information
shall be provided to demonstrate the reasonable accuracy of the groundwater
elevation in areas where stormwater runoff is proposed to be infiltrated
into the ground. The applicant shall demonstrate that at least 2-feet
of separation is present from the bottom of the infiltration device
to the maximum groundwater elevation;
7.6.10.8
Location of existing and proposed area on site
with the shortest distance between the surface and the estimated seasonal
high groundwater elevation;
7.6.10.9
Reference of location of nearest public wells,
and known private wells on abutting properties with distance and direction
to them;
7.6.10.10
Stormwater management, showing the location
and elevations of the various features of the site stormwater management
system;
7.6.10.11
Erosion, sedimentation and siltation control
devices to be utilized during construction, and
7.6.10.12
Existing/proposed water supply on site, if any.
7.6.11
Construction Detail Sheet: Construction details
for entire site drainage and management including: pipe sizes; catch
basins; manholes; detention/retention ponds with lining, vegetation
and overflow structure; leaching facilities; floor drains; diversion
boxes; slide gates; etc. Sedimentation, siltation, and erosion control
devices. Details of tanks, containment structures, vapor recovery
systems as applicable and of any other pollution control/prevention
devices.
7.6.12
Drainage Calculations, Treatment of Runoff:
Storm drainage runoff calculations and description of proposed surface
runoff renovation concept. The calculations must be based on a recognized
standard method (rational formula or Soil Conservation Service (SCS)
method) and must contain a written summary explaining the rationale
of the design approach. Full documentation is required including charts,
tables, diagrams and the name/type of computer software application
used.
7.6.13
Earth Removal/Fill Calculations: Calculations
for determining the volume of earth to be removed from or introduced
to the site with full documentation of calculations including reference
of method used. The source and description of the fill material to
be used. A written summary is required.
7.6.14
Land Use description: Detailed and specific
description of existing and proposed land use(s) understandable by
a lay person.
7.6.15
Emergency Response Plan: If deemed necessary
by the Commission, a complete Emergency Response Plan with profile
of events that could adversely affect the groundwater or surface water.
Location of emergency response equipment stored on site and list of
equipment shall be included. A plan to educate employees on the general
concept of stormwater management and groundwater protection, and to
train employees for the specific events expected to be incurred during
an emergency situation on the site shall be included.
7.6.16
Stormwater Management Plan Contents: The application
for an SMP shall include the submittal of a Stormwater Management
Plan to the Conservation Commission. This Stormwater Management Plan
shall contain sufficient information for the Conservation Commission
to evaluate the environmental impact, effectiveness, and acceptability
of the measures proposed by the applicant for reducing adverse impacts
from stormwater runoff. This plan shall be in accordance with the
criteria established in these regulations and must be submitted with
the stamp and signature of a Qualified Professional.
a)
The Stormwater and Erosion Plan shall ensure that
the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are
met in all seasons. Refer to the latest version of the Massachusetts
Erosion & Sediment Control Guidelines for Urban & Suburban
Areas, for detailed guidance. The Stormwater Management Plan shall
fully describe the project in drawings, narrative, and calculations.
b)
It shall include:
1)
Contact Information. The name, address, and
telephone number of all persons having a legal interest in the property
and the tax reference number and parcel number of the property or
properties affected;
2)
A locus map, north arrow, map scale;
3)
The existing zoning, and land use at the site;
4)
The proposed land use;
5)
The location(s) of existing and proposed property
lines and easements;
6)
The location of existing and proposed utilities,
roads, Scenic Roads, structures and other impervious areas;
7)
The site's existing and proposed topography,
including existing and proposed slopes with contours at 2 foot intervals;
8)
The existing site hydrology;
9)
A description and delineation of existing stormwater
conveyances, impoundments, and wetlands on or adjacent to the site
or into which stormwater flows;
10)
A delineation of 100-year floodplains, if applicable;
11)
Estimated seasonal high groundwater elevation
in areas to be used for stormwater retention, detention, or infiltration;
12)
A drainage area map showing pre- and post-construction
watershed boundaries, drainage area and stormwater flow paths, including
municipal drainage system flows;
13)
A description and drawings of all components
of the proposed stormwater management and erosion control systems
including:
(a)
Locations, cross sections, and profiles of all
brooks, streams, drainage swales and their method of stabilization;
(b)
Detailed drawings, structural details, materials
to be used, construction specifications, and design calculations of
all temporary and permanent stormwater, erosion and sediment control
structures and devices;
(c)
Narrative that includes a discussion of each
measure, its purpose, its construction sequence and installation timing
as they relate to soil disturbance;
(d)
A plan showing areas of vegetation alteration,
soil disturbance and areas of cut and fill;
(e)
The project's phases as they relate to vegetation
alteration, soil disturbance, cut and fill, including protected designated
stockpile locations with a tabulated sequence of construction and
construction schedule, including earthworks;
(f)
Proposed schedule for the inspection and maintenance
of erosion control measures for the project throughout the construction
period;
(g)
Name and 24hr/7day contact information of the
person responsible for the site's development;
(h)
The structural details for all components of
the proposed drainage systems;
(i)
Notes on drawings specifying materials to be
used, construction specifications, and expected hydrology with supporting
calculations;
(j)
Proposed improvements including location of
buildings or other structures, impervious surfaces, and drainage facilities,
if applicable;
(k)
Any other information requested by the Conservation
Commission.
c)
Hydrologic and hydraulic design calculations for the
pre-development and post-development conditions for the design storms
specified in this Regulation. Such calculations shall use the NOAA
Atlas 14 precipitation data, or more current precipitation data as
approved by the Conservation Commission, and shall include:
[Amended 1-23-2023]
1)
Description of the design storm frequency, intensity and duration;
2)
Time of concentration;
3)
Soil Runoff Curve Number (RCN) based on land use and soil hydrologic
group;
4)
Peak runoff rates and total runoff volumes for each watershed
area;
5)
Information on construction measures used to maintain the infiltration
capacity of the soil where any kind of infiltration is proposed;
6)
Infiltration rates, where applicable;
7)
Culvert capacities;
8)
Flow velocities;
9)
Data on the increase in rate and volume of runoff for the specified
design storms;
10)
Documentation of sources for all computation methods and field
test results;
11)
Post-development downstream analysis if deemed necessary by
the Conservation Commission;
12)
Soils information from test pits performed at the location of
proposed stormwater management facilities, including but not limited
to soil descriptions, depth to seasonal high groundwater, depth to
bedrock, and percolation rates. Soils information will be based on
site test pits logged by a Massachusetts Registered Soil Evaluator,
or a Massachusetts Registered Professional Engineer, and
13)
Landscaping plan describing the woody and herbaceous vegetative
stabilization and management techniques to be used within and adjacent
to the stormwater practice.
7.6.17
Operation and Maintenance Plan Contents: An Operation
and Maintenance Plan (O&M Plan) is required at the time of application
for all projects. The Plan shall be designed to ensure compliance
with the SMP, this Bylaw and that the Massachusetts Surface Water
Quality Standards, 314 CMR 4.00, are met throughout the life of the
system. The Operation and Maintenance Plan shall remain on file with
the Commission and shall be an ongoing requirement.
7.6.17.1
The O&M Plan shall include:
a)
The name(s) of the owner(s) for all components of
the system;
b)
Name and 24hr/7day contact information of the person
responsible for the site's O&M Plan;
c)
A map showing the location of the systems and facilities
including catch basins, manholes/access lids, main, and stormwater
devices;
d)
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)
An Inspection and Maintenance Schedule for all
stormwater and erosion control management facilities including routine
and non-routine maintenance tasks to be performed;
(4)
A list of easements with the purpose and location
of each;
(5)
The signature(s) of the owner(s), and
(6)
An Inspection and Maintenance Schedule log sheet
shall be created at commencement of construction. The log sheets shall
be maintained and filled out whenever inspection or maintenance is
performed, and the log sheets shall be made available for inspection
upon request;
e)
Stormwater Management Easement(s) - Stormwater management
easements shall be provided by the property owner(s) 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 maintenance;
f)
The purpose of each easement shall be specified in
the maintenance agreement signed by the property owner;
g)
Stormwater management easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by the Commission;
h)
Easements shall be recorded with the Middlesex County
Registry of Deeds prior to issuance of a Notice of Completion by the
Commission;
i)
An Emergency Spill Response Plan shall be created
for all sites that store hazardous materials during construction and/or
post-development;
7.6.17.2
Changes to Operation and Maintenance Plans
a)
The owner(s) of the stormwater management system must
notify the Commission of changes in ownership or assignment of financial
responsibility, and
b)
The maintenance schedule in the Maintenance Agreement
may be amended to achieve the purposes of this Regulation by mutual
agreement of the Commission 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.
At a minimum all projects shall comply with
the performance standards of the most recent version of Massachusetts
Department of Environmental Protection (DEP) Stormwater Management
Standards, as well as the following.
8.1
General Criteria
The following general performance criteria shall
be applicable to all stormwater management plans, unless otherwise
provided for in this Regulation.
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8.1.1
No Untreated Discharges - All stormwater runoff generated
from land development and land use conversion activities shall not
discharge untreated stormwater runoff directly to a wetland, local
water body, municipal drainage system, or abutting property, without
adequate treatment.
8.1.2
Channel Protection - Protection of channels from bank
and bed erosion and degradation shall be provided by controlling the
peak discharge rate from the 2-year storm event to the pre-development
rate as required by the MA DEP Stormwater Management Standards.
8.1.3
Overbank Flooding Protection - Downstream overbank
flood and property protection shall be provided by attenuating the
post-development peak discharge rate to the pre-development rate for
the 10-year, 24-hour return frequency storm event as required by the
MA DEP Stormwater Management Standards.
8.1.4
Extreme Flooding Protection - Extreme flooding and
public safety protection shall be provided by evaluating the 100-year,
24-hour return frequency storm event to demonstrate no increased flooding
impacts off-site, as required by the MA DEP Stormwater Management
Standards.
8.1.5
Recharge - Annual groundwater recharge rates shall
be maintained, by promoting infiltration through the use of structural
and non-structural methods. At a minimum, annual recharge from the
post-development site shall mimic the annual recharge from pre-development
site conditions.
8.1.6
Structural Practices for Water Quality - Presumed
Compliance with Massachusetts Water Quality Standards All structural
stormwater management facilities shall be selected and designed using
the appropriate criteria from the most recent version of the Massachusetts
DEP Stormwater Management Manual.
Applicants are encouraged to meet water quality
standards through the use of low impact techniques such as bio-retention
cells, vegetated filter strips and porous surfaces. For structural
stormwater controls not included in the Massachusetts Stormwater Management
Manual, or for which pollutant removal rates have not been previously
documented by prior applicants, the applicant must document the effectiveness
and pollutant removal of the structural control by providing scientific
studies, literature reviews, or other citations deemed acceptable
by the Commission, in order to receive approval from the Commission
before including such techniques in the design of a stormwater management
system.
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Structural best management practices (BMPs)
must be designed to remove 80% of the average annual post-development
total suspended solids (TSS) and 40% for total phosphorus (TP), and
30% for total nitrogen (TN). It is presumed that a BMP complies with
this performance goal if it is:
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8.1.7
Sensitive Areas - Stormwater discharges to critical
areas with sensitive resources (i.e., swimming areas, aquifer recharge
areas, water supply reservoirs, vernal pools) may be subject to additional
criteria, or may need to utilize or restrict certain stormwater management
practices at the discretion of the Conservation Commission.
8.1.8
Hotspots - Stormwater discharges from land uses or
activities with higher potential pollutant loadings, known as "hotspots",
such as auto salvage yards, auto fueling 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, as defined
in the most recent version of the MA DEP Stormwater Management Manual
or superseding manual require the use of specific stormwater management
BMPs as specified in the most recent version of the MA DEP Stormwater
Management Manual or superseding manual. The use of infiltration practices
without pretreatment is prohibited.
The Commission shall set the date, time, and
place of the public hearing, which shall be held within 60 days of
the application filing date.
9.1
Notice of Public Hearing
A notice of the public hearing indicating the
date, time, place, and purpose of the public hearing shall be sent
by certified mail by the Applicant to the Certified List of Abutters
at least five (5) days prior to the date of the public hearing at
the expense of the Applicant. Such notice must contain, at a minimum,
the information presented in the sample legal notice that is attached
to these Regulations.[1]
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9.1.1
A notice of the public hearing shall also be published
at the expense of the Applicant in a newspaper of general circulation
in Ashland not less than five (5) days before the day of the public
hearing. The contents of this published notice shall be as above for
the Parties In Interest.
9.1.2
Failure to properly notify the Certified List of Abutters
and to publish a notice of the public hearing could render the public
hearing invalid and could cause delays in the processing of the Application.
[1]
Editor's Note: A sample notice of public hearing is included at the end of this chapter.
9.2
Withdrawal of Application
Any application for an SMP submitted hereunder
may be withdrawn without prejudice by notice in writing to the Commission
prior to the notice of a public hearing being posted or mailed pursuant
to these Regulations. Withdrawal of any application thereafter requires
Commission approval. A partial refund of fees may be provided if an
application is withdrawn.
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9.3
Time Period for Deliberation
The Commission will act on each application
for an SMP within ninety (90) days after the date of filing of the
application with the Commission and the Town Clerk, unless such application
has been withdrawn from consideration as set forth above.
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9.3.1
Continuation and Extension - The period within which
final action shall be taken may be extended for a defined period by
written agreement between the Commission and the Applicant. In the
event that the Commission determines that the application is inadequate
for the Commission to make a finding, the Commission may, at its discretion,
continue the public hearing to a later date to permit the Applicant
to submit a revised application.
9.3.2
At its discretion, the Commission may require that
an additional fee be paid by the Applicant prior to the close of the
public hearing if such a continuation results from a deficiency in
the original application. Such a continuation may not automatically
extend the 90-day period within which final action shall be taken
by the Commission unless the extension is agreed upon by both the
Commission and the Applicant.
9.4
Decision
The concurring vote of a majority of the members
of the Commission in office present (a quorum) shall be necessary
to decide in favor of granting an SMP.
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9.4.1
The Commission's action, rendered in writing, shall
consist of either:
a)
Approval of the SMP Application based upon determination
that the proposed plan meets the standards set forth in these Regulations
and 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 SMP Application subject to any conditions,
modifications or restrictions required by the Commission which will
ensure that the project meets the Standards set forth in these Regulations
and adequately protects water resources, set forth in this Bylaw;
c)
Disapproval of the SMP Application based upon a determination
that the proposed plan, as submitted, does not meet the standards
set forth in these Regulations and/or does not adequately protect
water resources, as set forth in this Bylaw.
d)
The Commission may disapprove an application "without
prejudice" where an Applicant fails to provide requested additional
information that in the Commission's opinion is needed to adequately
describe the proposed project.
9.4.2
Plan Changes - The permittee must notify the Conservation
Commission in writing of any drainage change or alteration in the
system authorized in an SMP before any change or alteration is made.
If the Conservation Commission determines that the change or alteration
is significant, based on the Stormwater Management Standards in these
Regulations and accepted construction practices, the Conservation
Commission may require that an amended application be filed.
9.5
Appeals of Actions of the Conservation Commission
A decision of the Commission shall be final.
The appeal of a decision by the Commission under this bylaw shall
be filed with the Massachusetts Land Court or Massachusetts Superior
Court.
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9.6
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 as required
by these Regulations. The as-built drawing shall show deviations from
the approved plans, if any, include a narrative of said deviations,
and be certified by a Qualified Professional. If a NPDES construction
site filing was required, at the completion of the project a copy
of the Notice of Termination of NPDES coverage shall be submitted
to the Commission.
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9.7
Time Limit for SMP
Any SMP granted by the Commission shall expire
within three years from the date of issuance of the permit.
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9.7.1
Extension of SMP
The applicant may be granted a one-year extension
by applying to the Commission, in writing, at least 30 days prior
to the date when the SMP is due to lapse. The Commission may evaluate
the existing stormwater management plan to determine whether the plan
still satisfies local program requirements and to verify that all
design factors are still valid. If the Commission finds the previously
filed plan to be inadequate, a modified plan shall be submitted and
approved prior to the commencement of land-disturbing activities.
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Failure to submit such a request as prescribed
above shall be due cause for the Commission to deny the requested
time extension. If the actions permitted are not exercised or the
approval not extended, they shall lapse, and a new application and
public hearing shall be required.
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9.8
Limitation of the Decision
The granting of a SMP constitutes approval only
under the pertinent sections of the Bylaw. Other permits or approvals
required by other governmental boards, agencies, or bodies having
jurisdiction such as the Board of Health, and Planning Board shall
not be assumed or implied. The Commission may condition any SMP hereunder
on satisfactory demonstration of compliance with the requirements
of other governmental bodies having jurisdiction prior to the start
of any work on the site, the issuance of a Building Permit, or any
other appropriate step in the development process. The Applicant is
hereby encouraged to seek approvals and certificates of compliance
from such other governmental bodies prior to or concurrently with
the application to the Commission.
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9.9
Amending an SMP
A previously granted SMP may be amended by written
request to the Commission or on the Commission's own motion. The Commission
shall determine whether any request for further alterations to a site
constitutes an amendment or if such request should be considered a
new application requiring a public hearing. The Commission may amend
a SMP without a new public hearing provided it finds that the amendment
is not significant to the public interest and is consistent with the
purpose and intent of the Bylaw. Consultation with the Building Department
is recommended prior to the filing of any request to amend a SMP.
The Commission may require a fee for amendments.
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10.1
Notice of Construction Commencement
The Applicant must notify the Commission in
advance before the commencement of construction. In addition, the
Applicant must notify the Commission in advance of construction of
critical components of the stormwater management system. A pre-construction
conference may be held on site prior to the start of construction.
At a minimum, required attendees at the pre-construction conference
shall be the Commission and/or the Commission's agent, the owner and/or
owner's agent, and the general contractor for the project. Additional
attendees shall be determined on a per project basis. The pre-construction
conference shall be used to discuss construction scheduling, compliance
with any and all permit conditions, emergency contact information,
inspection procedures, and any other pertinent topics.
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10.1.1
At the discretion of the Commission, periodic
inspections of the stormwater management system construction shall
be conducted by the Commission or its designee, the Building Inspector,
the DPW Director, and/or a professional engineer. The inspector shall
document all inspections and prepare written reports that contain
the following information:
10.1.2
The Commission or its designee may inspect the
project site at the following stages, at a minimum:
a)
Initial Site Inspection: prior to approval of any
plan;
b)
Erosion Control Inspection: to ensure erosion control
practices are in accord with the filed plan, and
c)
Stormwater Management System Inspection: An inspection
will be made of the completed stormwater management system, prior
to backfilling of any underground drainage or stormwater conveyance
structures.
10.1.3
Final Inspection
a)
After the stormwater management system has been constructed
and before the surety has been released, all Applicants are required
to submit actual "as-built" plans for any stormwater management facilities
or practices after final construction is completed and must be certified
by a Qualified Professional.
b)
The Commission or its designee 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 shall so report to the Commission
which will issue a Notice of Completion. As-built plans shall reflect
the as-built conditions, including all final grades, developed by
a Qualified Professional. All changes to project design should be
recorded in red ink on plans to define changes made. All work deleted,
corrections in elevations, and changes in materials, should be shown
on the as-built drawings.
10.1.4
Inadequacy of System
a)
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 Applicant before the Notice of Completion is released. If the
Applicant fails to act, the Commission may use the surety bond to
complete the work.
b)
If the Commission determines that there is a failure
to comply with the plan, the property owner shall be notified in writing
of the nature of the violation and the required corrective actions.
A Stop Work Order may be issued until any violations are corrected
and all work previously completed has received approval by the Commission.
11.1
Maintenance Responsibility
11.1.1
Stormwater management facilities and practices
included in a stormwater management plan with an inspection and maintenance
agreement in accordance with these Regulations must undergo ongoing
inspections to document maintenance and repair needs and ensure compliance
with the requirements of the agreement, the plan and this Regulation.
11.1.2
The owner of the property on which work has
been done pursuant to this Regulation 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 sedimentation controls, and other protective devices. Such repairs
or restoration and maintenance shall be in accordance with approved
plans.
11.2
Maintenance Inspections
11.2.1
All stormwater management facilities must undergo
inspections by the system owner or operator to document maintenance
and repair needs and ensure compliance with the requirements of this
bylaw and accomplishment of its purposes as specified in the Operation
and Maintenance Plan and Maintenance Agreement described in these
Regulations.
11.2.2
At a minimum, inspections shall occur quarterly
during the first year of operation, and once a year thereafter. In
addition, a maintenance agreement as specified by these Regulations
between the owner and the Commission shall be executed for privately-owned
stormwater management systems that specify the Responsible Party for
conducting long term inspections.
11.2.3
Inspection reports
may be required to be submitted to and maintained by the Commission
for all stormwater management systems. Inspection reports for stormwater
management systems shall include:
a)
The date of inspection;
b)
Name of inspector;
c)
The condition of:
(1)
Pretreatment devices;
(2)
Vegetation or filter media;
(3)
Fences or other safety devices;
(4)
Spillways, valves, or other control structures;
(5)
Embankments, slopes, and safety benches;
(6)
Reservoir or treatment areas;
(7)
Inlet and outlet channels and structures;
(8)
Underground drainage;
(9)
Sediment and debris accumulation in storage
and forebay areas (including catch basins);
(10)
Any nonstructural practices;
(11)
Any other item that could affect the proper
function of the stormwater management system;
d)
Description of the need for maintenance.
11.3
Right-of-Entry for Inspection
The terms of the inspection and maintenance
agreement as specified in these Regulations shall provide for the
Commission or its designee to enter the property at reasonable times
and in a reasonable manner for the purpose of inspection. The Commission,
its agents, officers, and employees shall have authority to enter
upon privately owned land for the purpose of performing their duties
under this Regulation and may make or cause to be made such examinations,
surveys, or sampling as the Commission deems necessary, subject to
the constitutions and laws of the United States and the Commonwealth.
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11.4
Records of Maintenance and Repair Activities
Parties responsible for the operation and maintenance
of a stormwater management facility shall provide records of all mainte©nance
and repairs to the Commission, upon request. Parties responsible for
the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least 10 years. These
records shall be made available to the Commission during inspection
of the facility and at other reasonable times upon request.
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11.5
Failure to Maintain
11.5.1
If a responsible person fails or refuses to
meet the requirements of the inspection and maintenance agreement,
the Commission, after thirty (30) days written notice (except, that
in the event the violation constitutes an immediate danger to public
health or public safety, 24 hours notice shall be sufficient), may
correct a violation of the design standards or maintenance requirements
by performing the necessary work to place the facility or practice
in proper working condition. The Town of Ashland may assess the owner(s)
of the facility for the cost of repair work which shall be a lien
on the property. Said assessment shall run with the land and shall
be binding upon the Applicant, its successors in interest and assigns,
and shall be enforceable by the Town of Ashland. Interest shall begin
to accrue on any unpaid costs at the statutory rate provided in G.L.
Ch. 59, § 57, after the thirty-first day at which the costs
first become due.
11.5.2
After notification is provided to the person
responsible for carrying out the maintenance plan of any deficiencies
discovered from an inspection of a stormwater management system, the
person responsible for carrying out the maintenance plan shall have
30 days or other time frame mutually agreed to between the Commission
and the person responsible for carrying out the maintenance plan to
correct the deficiencies. The Commission shall then conduct a subsequent
inspection to ensure completion of repairs.
Upon completion, the applicant is responsible
for certifying that the completed project is in accordance with the
approved plans and specifications and shall provide regular inspections
sufficient to adequately document compliance.
The Commission will issue a document certifying
completion upon receipt and approval of the final inspection and reports
and/or upon otherwise determining that all work of the SMP has been
satisfactorily completed in conformance with this Regulation.
The Commission or an authorized agent of the
Commission shall enforce this Bylaw, Regulations, orders, violation
notices, and enforcement orders, and may pursue all civil, criminal
and non-criminal remedies for such violations.
13.1
Notices and Orders
13.1.1
The Commission or an authorized agent of the
Commission 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)
Issuance of a Stop Work Order for construction or
land disturbing activity until there is compliance with the Bylaw
and the SMP;
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;
d)
Fix adverse impact resulting directly or indirectly
from malfunction of the stormwater management system.
13.1.2
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.
Said order may further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town of Ashland may, at its option, undertake such work, and the
property owner shall reimburse the Town of Ashland for expenses incurred.
13.1.3
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 of Ashland including administrative costs. The
violator or property owner may file a written protest objecting to
the amount or basis of costs with the Commission 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 Commission 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 G.L. Ch. 59, § 57, after the thirty-first day at which
the costs first become due.
13.2
Penalties
13.2.1
Any person who violates any provision of this
chapter, or regulations, permits or administrative orders issued thereunder
shall be punished by a fine of $300. Each day or portion thereof during
which a violation continues, or unauthorized fill or alteration remains
in place, shall constitute a separate offense, and each provision
of the bylaw, regulations and permits or administrative orders violated
shall constitute a separate offense.
The invalidity of any section, provision, paragraph,
sentence, or clause of these Regulations shall not invalidate any
section, provision, paragraph, sentence, or clause thereof, nor shall
it invalidate any SMP or determination that previously has been issued.
Accepted unanimously by the Conservation Commission On May 28, 2008