[HISTORY: Adopted by the Town Meeting of the Town of Millville 5-13-2013 ATM by Art. 18. Amendments noted where applicable.]
A.
The purposes of this bylaw are to:
(1)
Protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures
to control the adverse effects of construction site/alteration runoff,
post-development stormwater runoff and nonpoint source pollution associated
with new development and redevelopment;
(2)
Protect, maintain, and enhance the public health, safety, environment,
and general welfare by establishing minimum standards and procedures
to control runoff and prevent soils erosion and sedimentation resulting
from construction/alteration and development.
B.
This bylaw seeks to meet these purposes through the following objectives:
(1)
Establish decision-making processes surrounding land development
activities that protect the integrity of the watershed and preserve
the health of water resources.
(2)
Require that new development, redevelopment and all land conversion
activities maintain after-development runoff characteristics equal
to or less than the predevelopment runoff characteristics.
(3)
Establish minimum construction site/alteration and post-development
stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality; establish minimum
design criteria for measures to minimize nonpoint source pollution
from stormwater runoff.
(4)
Establish design and application criteria for the construction and
use of structural stormwater control facilities that can be used to
meet the minimum construction/alteration and post-development stormwater
management standards.
(5)
Encourage the use of best management practices (BMPs) as recommended
by the State Department of Environmental Protection.
(6)
Establish provisions for the long-term responsibility for and maintenance
of structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety.
(7)
Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection, and long-term
maintenance of stormwater facilities.
(8)
Establish administrative procedures and fees for the submission,
review, approval, or disapproval of stormwater management plans, and
for the inspection of approved active projects, and long-term follow-up.
The following definitions shall apply in the interpretation
and implementation of this bylaw:
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
patterns.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment.
A contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
The policy issued by the Department of Environmental Protection,
as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act,[1] and the Massachusetts Clean Waters Act.[2] 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.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
Pollution from any 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.
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.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to the phase of a
new development or redevelopment project after completion, and does
not refer to the construction phase of a project.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Planning
Board. Where phased development or plan approval occurs, the existing
conditions at the time prior to the first plan submission shall establish
predevelopment conditions.
The replenishment of underground water resources.
Any construction, alteration, or improvement project that
disturbs the ground surface or increases the impervious area on a
previously developed site.
The Millville Planning Board or its authorized agent(s),
which is responsible for coordinating the review, approval and permit
process as defined in this bylaw. Other boards and/or commissions
of the Town may participate in the process as defined in the Stormwater
Regulations adopted by the Planning Board.
A permit issued by the Planning Board, after review of an
application, plans, and other supporting documents which are designed
to protect the environment of the Town of Millville.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34, and as authorized by the residents of the Town of
Millville at Town Meeting.
A.
The Planning Board shall administer, implement, and enforce this
bylaw. Any powers granted or duties imposed upon the Planning Board
may be delegated in writing by the Planning Board to its employees
or agents.
B.
The Planning Board may promulgate rules and regulations to effectuate
the purposes of this bylaw. The Planning Board may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees, procedures, and administration of this bylaw by
a majority vote of the Planning Board, after conducting a public hearing
to receive comments on any proposed rules and regulations, or revisions
thereto.
C.
The Planning Board will utilize the policy, criteria, and information,
including specifications and standards, of the latest edition of the
Massachusetts Stormwater Management Policy as a guideline for executing
the provisions of this bylaw.
D.
The Planning Board may take the following actions as a result of
an application for a stormwater management permit: approval, approval
with conditions, disapproval, or disapproval without prejudice.
E.
Decisions and orders of the Planning Board shall be final. Further
relief shall be appealed to a court of competent jurisdiction.
A.
This bylaw shall be applicable to all new development and redevelopment,
including clearing, grading and excavation, that results in a disturbance
of one or more acres of land or will disturb less than one acre of
land but is part of a larger common plan of development or sale that
will ultimately disturb one acre or more of land in the Town. No person
shall perform any activity that results in disturbance of land that
exceeds such threshold except as authorized by the Planning Board
in a stormwater management permit or as otherwise provided in this
bylaw.
B.
Exemptions:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.00 and
MGL c. 40A, § 3.
(2)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling; construction of patios, walkways, driveways,
swimming pools, or replacement wells or septic systems on lots having
an existing dwelling.
(3)
Repair or replacement of an existing roof on a single-family or multiple-family
dwelling.
(4)
The construction of any fence that will not alter existing terrain
or drainage patterns.
(5)
Construction of utilities (gas, water, electric, telephone, etc.),
other than drainage, which will not alter terrain, ground cover, or
drainage patterns.
(6)
Emergency repairs to any utilities, stormwater management facility,
or practice that poses a threat to public health or safety, or as
deemed necessary by the Planning Board.
(7)
As authorized in the Phase II Small MS4 General Permit for Massachusetts,
stormwater discharges resulting from the activities identified in
Section 4 that are wholly subject to jurisdiction under the Wetlands
Protection Act and demonstrate compliance with the Massachusetts Stormwater
Management Policy as reflected in an order of conditions issued by
the Conservation Commission.
(8)
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
Permit procedures and requirements shall be defined and included
as part of any rules and regulations promulgated by the Planning Board
as permitted under this bylaw.
A.
The Planning Board or its authorized agent shall enforce this bylaw,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations. Enforcement
shall be further defined and included as part of any stormwater regulations
promulgated under this bylaw.
B.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $100. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
C.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, as set forth in Chapter 1, General Provisions, Article I, § 1-3, of the Town Code, in which case the Millville Highway Surveyor shall be the enforcing person. Each day or part thereof on which such violation occurs or continues shall constitute a separate offense.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
