[HISTORY: Adopted by the Town of Andover 4-30-2008 Annual Town
Meeting, Art. 38; amended in its entirety 5-2-2023 ATM by Art. 36. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Art. VIII.
Subdivision rules and regulations — See Art.
XIII.
A.
The United States Environmental Protection Agency has identified
sedimentation and polluted stormwater runoff from land disturbance,
land development and redevelopment activities as major sources of
water pollution.
B.
The purpose of this bylaw is to prevent or diminish the impacts of
sedimentation and polluted stormwater from land disturbance, land
development and redevelopment activities by controlling runoff and
preventing soil erosion and sedimentation from site construction and
development. The bylaw is necessary to protect the Town of Andover
water bodies and groundwater resources, to safeguard the health, safety,
and welfare of the general public and protect the natural resources
of the Town.
C.
The objectives of this bylaw are to comply with state and federal
statutes and regulations relating to stormwater discharges and to
establish the Town of Andover's legal authority to ensure compliance
with the provisions of this bylaw through inspections, monitoring
and enforcement by:
(1)
Protecting water resources;
(2)
Controlling the volume and rate of stormwater;
(3)
Requiring practices to manage and treat stormwater runoff generated
from new development and redevelopment;
(4)
Protecting groundwater and surface water from degradation or depletion;
(5)
Promoting infiltration and the recharge of groundwater;
(6)
Preventing pollutants from entering Andover's municipal separate
storm sewer system (MS4) as well as private storm drain systems;
(7)
Preventing flooding and erosion to abutting properties;
(8)
Ensuring that soil erosion and sedimentation control measures and
stormwater runoff management practices are incorporated into site
planning and design process and are implemented and maintained;
(9)
Ensuring adequate long-term operation and maintenance of stormwater
best management practices; and
(10)
Requiring practices to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary
waste at construction sites that may cause adverse impacts to water
quality.
The owner(s) of land adjacent to the land disturbance site.
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).
Any activity on an area of land that changes the water quality
or the force, quantity, direction, timing or location of runoff flowing
from the area. Such changes include, but are not limited to, change
from distributed runoff to confined, concentrated 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.
Shall be the owner of record of all of the land shown on
any plan submitted for approval to the Planning Board in accordance
with the Stormwater Management Bylaw and Regulations.
The Town of Andover Planning Board, its employees or agents
designated to enforce this bylaw.
Any activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A document issued by the Planning Board which confirms that
all documents and final reports have been submitted and all work required
by the terms of a stormwater management permit has been satisfactorily
completed in accordance with this bylaw and its regulations.
Any activity that removes the vegetative surface cover and/or
organic layer. Clearing activities generally include grubbing activity
as defined below.
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.
The set of stormwater regulations promulgated by the Massachusetts
Department of Environmental Protection under the following:
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The Wetland Protection Regulations (310 CMR 10.00) adopted pursuant
to the Massachusetts Wetlands Protection Act G.L. c. 131, § 40;
and
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The 401 Water Quality Certification for Discharge of Dredged
or Fill Material, Dredging, and Dredged Material Disposal in Waters
of the United States within the Commonwealth, adopted pursuant to
the Massachusetts Clean Waters Act G.L. c. 21, §§ 26-53.
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Engineering design criteria as contained in the Stormwater
Regulations authorized under this bylaw.
Any person or entity designated by the Planning Board and
approved by the Town Manager to assist in the administration, implementation
and enforcement of the Stormwater Management and Erosion Control bylaw
and Regulations.
The temporary storage of storm runoff.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action, including clearing and grubbing, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel, or similar earth material.
A professional engineer or other trained professional selected
by the Planning Board or its designee and retained by the Planning
Board at the permit holder's expense to periodically inspect
the work and report to the Planning Board.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
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).
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 limits
water infiltrating the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, sports courts
and rooftops. "Impervious surface" also includes soils, gravel driveways,
and similar surfaces with a runoff coefficient (Rational Method) greater
than 0.70 or a runoff Curve Number (SCS Method) greater than 85.
Any activity that alters the existing vegetation and/or underlying
soil of a site, such as clearing, grading, site preparation (e.g.,
excavating, cutting and filling), soil compaction, movement, stockpiling
of top soils, grubbing, or other action that causes a change in the
position or location of soil, sand, rock, gravel, or similar earth
material.
The design of a site development or redevelopment employing
systems and practices that use or mimic natural processes that result
in the infiltration, evapotranspiration or beneficial use of stormwater,
to protect water quality and associated aquatic habitat. LID is an
approach to land development (or redevelopment) that works with nature
to manage stormwater as close to its source as possible. LID employs
principles such as preserving and recreating natural landscape features,
minimizing effective imperviousness to create functional and appealing
site drainage that treats stormwater as a resource rather than a waste
product. Practices include but are not limited to minimizing impervious
surfaces, capturing rainfall or runoff for subsequent use on-site,
promoting infiltration and evapotranspiration, and the use of vegetation-based
stormwater treatment practices.
MGL c. 131A and its implementing regulations at (321 CMR
10.00) which prohibit the "taking" of any rare plant or animal species
listed as "endangered," "threatened," or of "special concern."
The handbook issued by the Department of Environmental Protection,
as amended, that describes how to apply DEP's Stormwater Management
Standards as promulgated under the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and the Massachusetts Clean Waters
Act, MGL c. 21, §§ 23-56.
MGL c. 131, § 40, and its implementing regulations
(310 CMR 10.00).
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 Andover.
Any construction or disturbance of land that is currently
in a natural vegetated state. New development also includes any disturbance
beyond existing impervious and disturbed areas that is contiguous
to redevelopment projects.
A plan developed by a Massachusetts licensed professional
engineer (PE) describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
The point at which stormwater flows out from a discernible,
confined point source or concentrated conveyance 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.
Shall be the owner of record of all the land shown on any
plan submitted. The owner shall submit the title reference or references
from the Essex County Registry of Deeds indicating the owner of record.
The surface of an area which consists of bituminous concrete,
cement concrete, or paving bricks made of masonry or stone.
The placement of pavement on top of an existing impervious
surface. The underlying impervious surface is sometimes milled (partially
ground down in thickness) before the overlay is placed.
A procedure whereby existing pavement is broken and pounded
into small fragments.
The person who holds a stormwater management permit and therefore
bears the responsibilities and enjoys the privileges conferred thereby.
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.
Addition of stormwater runoff to the groundwater by natural
or artificial means.
Any construction, land alteration, or improvement of impervious
surfaces that does not meet the definition of new development. The
following activities are considered redevelopment:
Maintenance and improvement of existing roadways including widening
less than a single lane, adding shoulders, correcting substandard
intersections, improving existing drainage systems, and repaving;
and
Development, rehabilitation, expansion, and phased projects
on previously developed sites provided the redevelopment results in
no net increase in impervious area.
Owner(s), persons with financial responsibility, and persons
with operational responsibility.
The holding of stormwater runoff in a basin without release
except by means of evaporation, infiltration, or emergency bypass.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface or directed through a pipe or culvert.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Earth materials, including duff, humic materials, sand, rock,
silt, clay and gravel.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
Stormwater runoff, snowmelt runoff, surface water runoff
and drainage.
A technique, measure, or structural control that is designed
to remove pollutants, control quantity, and improve the quality of
stormwater runoff before the water discharges to the MS4 or Wetland
Resource Area.
A permit issued by the Planning Board pursuant to this bylaw.
A document containing narrative, drawings and details prepared
by a Massachusetts licensed qualified professional engineer (PE) which
includes structural and nonstructural best management practices to
manage and treat stormwater runoff generated from regulated development
activity. A stormwater management plan also includes an operation
and maintenance plan describing the maintenance requirements for structural
best management practices.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Total suspended solids; material, including but not limited
to trash, debris, soils, sediment and sand, suspended in stormwater
runoff.
Temporary bodies of fresh water which provide critical habitats
for a number of vertebrate and invertebrate wildlife species.
A natural or man-made channel through which water flows including
a river, brook, or stream.
Areas specified in the Massachusetts Wetlands Protection
Act MGL c. 131, § 40 and regulations promulgated thereunder
and in the Town of Andover Wetland Protection Bylaw and Regulations.[1]
Wet meadows, marshes, swamps, bogs, areas where groundwater,
flowing or standing surface water or ice provides a significant part
of the supporting substrate for a plant community for at least five
months of the year; emergent and submergent communities in inland
waters; that portion of any bank which touches any inland water.
[1]
Editor's Note: See Art. XIV, Wetlands Protection By-Law.
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.
A.
No person may undertake a construction activity that results in a
land disturbance of 43,560 square feet or more without a stormwater
management permit from the Planning Board.
(1)
Land disturbances. Land disturbances of 43,560 square feet or more,
including multiple separate activities which in aggregate disturb
43,560 square feet or more, whether on one parcel or adjacent parcels
held in common ownership, shall require a stormwater management permit.
(2)
Paving and impervious material. An increase of new pavement or other
impervious material, reclamation of existing pavement, or a combination
of both totaling 43,560 square feet or more shall require a stormwater
management permit.
(3)
The Town of Andover is not exempt from the provisions of this bylaw.
B.
Exempt activities. The following activities are exempt from the requirements
of this bylaw:
(1)
Normal maintenance and improvement of Town-owned publicways, appurtenances
to the publicways, and private and public utilities.
(2)
Normal maintenance and improvement of land in agricultural use.
(3)
Repair of septic systems when required by the Board of Health or
the Massachusetts Department of Environmental Protection for the protection
of public health.
(4)
Normal maintenance of currently existing landscaping, gardens or
lawn areas associated with an existing use.
(5)
Overlaying of existing impervious surface.
(6)
Areas of land that have had a stormwater management review and approval
either through the Conservation Commission or Planning Board using
design criteria that at a minimum comply with the latest edition of
the Massachusetts Stormwater Handbook or with design criteria as described
in Town of Andover's Subdivision Rules and Regulations[1] or with the Town of Andover Stormwater Management and Erosion Control Regulations, whichever is more stringent in the protection of the Town's resources.
[1]
Editor's Note: See Art. XIII, Subdivision Rules and Regulations.
A.
The Planning Board, as the permit granting authority, shall administer,
implement, and enforce this bylaw. Any powers granted to or duties
imposed upon the Planning Board in this bylaw may be delegated to
designated agents upon a majority vote of the Planning Board. Should
the Planning Board designate an agent, such agent shall be approved
by the Town Manager.
B.
The Planning Board may adopt and periodically amend rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this bylaw.
(1)
Adoption of and revisions to regulations may only be made after conducting
a public hearing to receive comments on any proposed revisions. Such
hearing dates shall be advertised in a newspaper of general local
circulation, at least 14 days before the hearing date.
C.
The Planning Board shall refer to the criteria and information, including
specifications and standards, of the latest edition of the Massachusetts
Stormwater Handbook or to the design criteria as described in the
Town of Andover's Subdivision Rules and Regulations[1] or to the Town of Andover Stormwater Management and Erosion Control Regulations, whichever is more stringent in the protection of the Town's environmental and infrastructure resources, for execution of the provisions of this bylaw.
[1]
Editor's Note: See Art. XIII, Subdivision Rules and Regulations.
D.
The Planning Board may waive strict compliance with any requirement
of this bylaw or the regulations promulgated hereunder, where:
Projects requiring a stormwater management permit shall be subject to the Town of Andover Stormwater Management and Erosion Control Regulations promulgated under Section 5 of this bylaw in addition to the procedures as set forth below.
B.
Public meetings.
(1)
The Planning Board shall hold a public meeting on all applications
for stormwater management permits for the purpose of reviewing the
application and accepting public input.
(2)
Notice of the public meeting shall be given by posting and by first-class
mailings to abutters and abutters to abutters within 300 feet of the
property line of the project site at least seven days prior to the
meeting.
(3)
The Board shall make the application available for inspection by
the public during business hours at the Planning Division.
C.
Actions. The Planning Board may:
(1)
Approve the application and issue a permit if it finds that the proposed
plan meets the objectives and requirements of this bylaw and its regulations;
(2)
Approve the application and issue a permit with conditions, modifications,
or restrictions that the Board determines meet the objectives and
requirements of this bylaw and its regulations;
(3)
Disapprove the application and deny a permit if the Planning Board
finds that the applicant has submitted insufficient information to
describe the site, the work, or the effect of the work on water quality
and runoff volume; and
(4)
Disapprove the application and deny a permit if it finds that the
proposed plan fails to meet the objectives and requirements of this
bylaw or its regulations.
D.
Time for action by the Board.
(1)
Within 45 days of the filing of an application for a stormwater management
permit, the Planning Board or its designated agent shall:
(2)
Within 60 days of the filing of the application, an interdepartmental
review shall be held.
i.
Following the Interdepartmental review but prior to the Planning
Board public meeting, the Town Engineer shall provide a written recommendation
for action on the application. Such recommendation shall itemize all
instances where the applicant has failed to meet the specifications
and standards of the latest edition of the Massachusetts Stormwater
Handbook or of the design criteria as described in the Town of Andover's
Subdivision Rules and Regulations[1] or of the Town of Andover Stormwater Management and Erosion Control Regulations.
[1]
Editor's Note: See Art. XIII, Subdivision Rules and Regulations.
(3)
Within 90 days of the filing of an application for a stormwater management
permit, the Planning Board shall hold a public meeting.
(4)
Once begun, the public meeting may not continue for more than 60
days unless such time is extended by written agreement between the
applicant and the Board to a date certain announced at the meeting.
(5)
The Planning Board shall take final action within 21 days of the
close of the public meeting discussion.
E.
Failure to act.
(1)
Upon certification by the Town Clerk that the allowed time has passed
without the Planning Board's action, failure to take such action
shall be deemed to be approval of said application and a stormwater
management permit shall be issued.
F.
Appeals of action by the Planning Board.
(1)
A written decision of the Planning Board shall be final when it is
executed by the Planning Board or its Chair or Acting Chair and filed
in the Town Clerk's office. Further relief of a decision by the
Planning Board made under this bylaw shall be in the Superior Court
or Land Court in accordance with the applicable law. The remedies
listed in this bylaw are not exclusive of any other remedies available
under any applicable federal, state or local law.
(2)
No work shall commence until the applicable appeal period has passed
with no appeal or, if an appeal has been filed the appeal has been
finally resolved by adjudication or otherwise.
G.
Permit duration.
(1)
All activity permitted by this bylaw must be completed within one
year of permit issuance. Extensions of time can be granted by the
Planning Board upon formal written request by the applicant. If one
year passes without an extension being granted, the Board may revoke
the permit.
H.
Certificate of completion.
(1)
The Planning Board will issue a certificate of completion upon receipt
and approval of final reports and documentation as specified in the
regulations.
Any person aggrieved by a decision or action of a designated
agent appointed by the Planning Board under § 5A, including
but not limited to matters regarding completeness of application,
inspections, and compliance with technical design criteria, may, within
30 days of such decision or action, request a public meeting with
the Planning Board. In such cases, following the decision of the Planning
Board, the provisions of § 6F(1) shall apply.
At the applicant's expense, the Planning Board may retain
independent consultants as needed to advise the Board on any and all
aspects of a specific project. Independent consultants may include
but are not limited to registered professional engineers and environmental
site monitors.
The Planning Board shall establish fees, subject to approval
of the Select Board, to cover expenses connected with application
review, mailings and monitoring permit compliance. The fees shall
be sufficient to cover direct and indirect costs to the Town of processing
and reviewing the application. Provided that a revolving fund for
such purpose is established by the Town in accordance with the provisions
of MGL c. 44, § 53E 1/2, the Planning Board is also authorized
to collect fees from the applicant in amounts sufficient to pay a
registered professional engineer and such other professional consultants
as the Planning Board requires to advise the Planning Board on any
and all aspects of the project. The fees for such professional engineers
and consultants shall be paid to the Town for deposit into the revolving
fund.
Before the start of land disturbance activity, the Planning
Board may require the permittee to post acceptable security, to insure
that the work will be completed in accordance with the permit. The
form of the security shall be approved by the Planning Board and shall
be in an amount deemed sufficient by the Planning Board. If the project
is phased, the Planning Board may release part of the security as
each phase is completed in compliance with the permit but may not
be fully released until the Planning Board has issued a certificate
of completion.
A.
The Planning Board or its designated agent shall enforce this bylaw,
its regulations, orders, violation notices, and enforcement orders
and may pursue all civil and criminal remedies for such violations.
B.
Entry. The Planning Board or its agents shall have the authority,
with prior approval from the property owner or pursuant to court process,
to enter upon privately owned land for the purpose of performing their
duties under this bylaw.
C.
Orders. The Planning Board or its designated agent may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(1)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw or its regulations;
(2)
Maintenance, installation or performance of additional erosion
and sediment control measures;
(3)
Monitoring, analyses, and reporting;
(4)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity;
(5)
Compliance with the operation and maintenance plan.
D.
If the enforcing person determines that abatement or remediation
of erosion and sedimentation is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
E.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder, shall be punished by
a fine in an amount of $300. Each day or part thereunder that such
violation occurs or continues shall constitute a separate offense.
F.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Planning Board may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, which
has been adopted by the Town, in which case the Planning Board or
designated agent shall be the enforcing person. The penalty for each
violation shall be $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
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
