[HISTORY: Adopted by the Town Meeting of the Town of Cohasset 7-10-2008 (Art. XV of the 1988 General
bylaws). Amendments noted where applicable.]
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the home rule statutes,
and pursuant to the federal Clean Water Act, 33 U.S.C. §§ 1251
to 1386 (the "Act") and regulations issued pursuant to the Act which
are found at 40 CFR 122.34.
The purpose of this bylaw is to:
A.
Prevent and reduce existing and future flooding.
B.
Protect water quality.
C.
Increase groundwater recharge.
D.
Reduce erosion and sedimentation.
E.
Promote environmentally sensitive site design practices.
F.
Ensure long-term maintenance of stormwater controls.
G.
Help the Town of Cohasset meet federal requirements under Phase II
of the National Pollutant Discharge Elimination System.
H.
Establish the legal authority by which the Town of Cohasset can enforce
the provisions of this bylaw and accompanying regulations.
The following definitions shall apply in the interpretation
and implementation of this bylaw:
Includes, without limitation, the following activities:
Changing of preexisting drainage characteristics, adding impervious
area or changing type of land cover, or changing sedimentation patterns,
flow patterns or flood retention characteristics;
Dumping, discharging or filling with any material, or removal
of material, which would alter elevations or change drainage patterns
or degrade water quality;
Driving of piles, erection, or expansion of buildings or structures
of any kind;
Destruction of plant life, including clearing of trees;
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
A.
Regulated activities requiring a stormwater permit. The following
activities, developments or redevelopments require the issuance of
a full stormwater permit by the Conservation Commission (the "Commission")
after the filing by the applicant of a full application and full review
by the Commission through a public hearing:
(1)
Any activity that will alter 5,000 square feet or more of land.
(2)
Any construction or development activity on an undeveloped parcel
of any size that will increase the impervious surface area, or increase
the amount or rate of runoff from the parcel.
(3)
Any development or redevelopment of land uses with higher potential
pollutant loads as defined in the Massachusetts Stormwater Management
Policy, which include, for example:
(a)
Auto salvage yards (auto recycler facilities).
(b)
Auto fueling facilities (gas stations).
(c)
Exterior fleet storage areas (cars, buses, trucks, public works
equipment).
(d)
Exterior vehicle service, maintenance and equipment cleaning
areas.
(e)
Commercial parking lots.
(f)
Road salt storage and loading areas.
(g)
Commercial nurseries.
(h)
Outdoor storage and loading/unloading of hazardous substances.
(i)
Marinas (service, painting and hull maintenance areas).
B.
Regulated activities requiring administrative approval. The following
activities, which are smaller than activities requiring a full stormwater
permit, shall require approval under an administrative approval process
by the Commission or its Stormwater Agent:
C.
Regulated activities completed in phases requiring a stormwater permit or administrative approval. Activities that are completed in phases, such as subdivision developments and phased commercial developments, which could be reasonably expected to alter more than the thresholds in Subsections A and B shall require a stormwater permit or administrative approval prior to beginning construction, even if the planned alteration is conducted over separate phases and/or by separate owners.
This bylaw shall not apply to the following activities:
A.
Normal use, maintenance and improvement of land in agricultural use.
B.
Maintenance of existing landscaping.
C.
Repair or modification of a building that remains within its existing
footprint.
D.
Construction of a fence that will not alter existing terrain or drainage
patterns.
E.
Repairs or alterations to any stormwater management facility or practice
that poses a threat to public health, safety, or the environment.
F.
Emergency work associated with accidents, spills or releases of oil
or hazardous wastes, or natural disasters.
G.
Repair or maintenance of a sewage disposal system when required by
the Board of Public Health for protection of public health, provided
the post-repair condition drainage is similar or more effective than
the pre-repair condition.
[Amended 5-24-2021 ATM by Art. 28]
H.
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
A.
The Commission shall be responsible for issuing a stormwater permit.
B.
The Commission may appoint a licensed professional engineer with
expertise in stormwater management as its Stormwater Agent to assist
the Commission. This position shall be funded from application and
review fees charged to applicants during the stormwater permit and
administrative approval process.
C.
The Commission shall review stormwater permit applications, conduct necessary site inspections and investigations, issue final permits, and monitor and enforce permit conditions. For administrative approval of projects regulated under § 223-4B of this Stormwater Management Bylaw, the Stormwater Agent may represent the Commission by conducting site inspections as necessary, issuing a decision based on review, and monitoring conditions stated in the administrative approval.
D.
The Commission shall establish application fees and review fees which
are sufficient to recover the cost for application review including
assistance from the Stormwater Agent. Separate application and review
fees shall be established for the stormwater permit process and for
the administrative approval process which requires no public hearing.
Said fees and charges shall be established by regulations issued by
the Commission.
A.
The Commission shall adopt and amend rules and regulations related
to the submittal requirements and performance standards required to
obtain a stormwater permit or administrative approval conducted pursuant
to this bylaw. Rules and regulations shall be adopted and amended
after a public hearing and public comment period. The public hearing
shall be advertised in a newspaper of general local circulation at
least seven days before the hearing date.
B.
Other boards, commissions, and departments are encouraged to adopt
those rules and regulations by reference.
C.
Failure to promulgate such rules and regulations shall not have the
effect of suspending or invalidating this bylaw.
A.
The purpose of the stormwater permit and administrative approval
program shall be to maintain the post-development runoff characteristics
(including peak flow, total volume of runoff, and water quality of
the runoff) for development and redevelopment projects as equal to
or less than the pre-development runoff characteristics.
B.
Performance standards for site design, erosion control, stormwater
management, materials, vegetation, and other aspects of developments
shall be outlined in the rules and regulations. Performance standards
shall include (but are not limited to) standards for the following:
(1)
Peak discharge rates and runoff volumes (flooding protection and
channel protection).
(2)
Recharge volume.
(3)
Pretreatment and water quality.
(4)
Erosion control and property damage.
(5)
Vegetation, site design, and site restoration.
(6)
Integrity of stream channels, surface water, and aquatic habitats.
(7)
Application of low-impact development measures to facilitate the
maximum possible infiltration of precipitation on site.
C.
Applicants shall meet these performance standards and those of the
Massachusetts Stormwater Management Policy (as may be amended), whichever
are more stringent.
[Amended 5-1-2023 ATM by Art. 18]
A.
Submittal requirements for a stormwater permit, administrative approval,
or amended stormwater permit or administrative approval shall be as
required below and as further defined in the rules and regulations.
B.
Submittal requirements for a stormwater permit or amended stormwater
permit shall include (but may not be limited to) the following:
(1)
Stormwater management plan stamped by a professional engineer certifying
post-development runoff characteristics (including peak flow, total
volume of runoff, and water quality of the runoff) for development
and redevelopment projects as equal to or less than the pre-development
runoff characteristics. The plan shall show proposed grading, description
of stormwater management system with map of pre- and post-development
drainage, existing and proposed vegetation, recharge analysis, hydrologic
calculations, and estimated seasonal high groundwater.
(2)
Abutters list.
(3)
Erosion control plan.
(4)
Operations and maintenance plan listing responsible parties, maintenance
agreements, maintenance schedule, and estimated annual budget (including
anticipated sources of funding) for operations and maintenance.
(5)
Record(s) of stormwater easements.
(6)
For subdivision applications, a plan showing the building envelope
within each house lot and proposed grading, drainage, and stormwater
disposal for each lot.
(7)
Application and review fees.
C.
Submittal requirements for an administrative approval or amended
administrative approval shall include (but may not be limited to)
the following:
(1)
A stormwater management plan stamped by a professional engineer describing
the proposed alteration activities and the mitigation measures and
best management practices to be employed to manage stormwater generated
by the alteration, and certifying post-development runoff characteristics
(including peak flow, total volume of runoff, and water quality of
the runoff) for development and redevelopment projects as equal to
or less than the pre-development runoff characteristics. The following
additional submittals may be required, but only if determined necessary
by the Commission or its Stormwater Agent to support the engineer's
stormwater management plan and certification: plan of proposed grading,
more detailed description and/or drawings of proposed stormwater management
system with map of pre- and post-development drainage, existing and
proposed vegetation, recharge analysis, hydrologic calculations, estimated
seasonal high groundwater, and erosion control plan.
(2)
Abutters list.
(3)
Application and review fees.
A.
Pre-application meeting. If a stormwater permit or administrative approval is required under § 223-4 of this bylaw, then applicants are strongly encouraged to schedule a pre-application meeting with the Commission and/or its Stormwater Agent to review the proposed development plans at the earliest feasible time.
B.
Review and comment by Town boards and departments. Following receipt
of a completed application for stormwater permit or for administrative
approval, the Commission shall provide the opportunity for review
and comments from the Planning Board, Board of Public Health, Sewer
Commission, Water Commission, Building Inspector and Department of
Public Works. Failure by these other Town boards or departments to
make recommendations within 14 days of receipt shall be deemed lack
of opposition.
[Amended 5-24-2021 ATM by Art. 28]
C.
Stormwater permit. If a stormwater permit application or amended
stormwater permit application is filed, then the review process shall
include a public hearing held by the Commission in conjunction with
public hearings held for other aspects of the project when practicable.
The Commission shall hold a separate hearing for the stormwater permit
or amended stormwater permit application if necessary. If a separate
hearing is required, then written notice shall be given, at the expense
of the applicant, in a newspaper of general circulation in the Town
at least seven working days prior to the hearing, and the Commission
shall also give written notice of the hearing to all abutters, as
that term may be defined by the Commission, also at least seven working
days prior to the hearing. Such notice shall be given in the form
and manner that the Commission shall prescribe.
[Amended 5-1-2023 ATM by Art. 18]
(1)
The Commission shall commence the public hearing within 21 calendar
days from the receipt of a complete application and shall issue its
permit, denial or determination in writing within 21 calendar days
after the close of said public hearing. The Commission shall have
the authority to continue any hearing to a date certain announced
at the hearing, for reasons stated at the hearing, which may include
receipt of additional information offered by the applicant or others,
information and plans required of the applicant deemed necessary by
the Commission in its discretion, or comments and recommendations
of other Town boards and officials.
(2)
After review of the stormwater permit application, circulation to
other boards, and public hearing, the Commission may take one of the
following actions within 21 days after closing the public hearing:
(a)
Approve the application and issue a stormwater permit if it
finds that the proposed plan will protect water resources and meets
the objectives and requirements of this bylaw.
(b)
Approve the application and issue a stormwater permit with conditions,
modifications, or restrictions as necessary to ensure protection of
water resources or to meet the objectives of this bylaw.
(c)
Disapprove the application and deny a permit if it finds the
proposed plan will not protect water resources or fails to meet the
objectives of this bylaw, or if it finds that the applicant has not
submitted information sufficient for the Commission to make such a
determination.
(3)
A decision by the Commission shall be final. Any person(s) aggrieved
by a decision issued by the Commission may appeal to a court of competent
jurisdiction pursuant to applicable law. The remedies listed in this
bylaw are not exclusive of other remedies available under applicable
federal, state, or local law.
D.
Administrative approval. The administrative approval and amended
administrative approval process shall require notification of abutters,
as that term may be defined by the Commission, but will not require
a public hearing and may be conducted by the Stormwater Agent acting
on behalf of the Commission.
[Amended 5-1-2023 ATM by Art. 18]
(1)
After completing a review and after circulating the application to
other boards, the Commission or its Stormwater Agent may take one
of the following actions within 21 calendar days of receiving a complete
application:
(a)
Approve the application if it finds that the proposed plan will protect
water resources and meets the objectives and requirements of this
bylaw.
(b)
Approve the application with conditions, modifications, or restrictions
as necessary to ensure protection of water resources or to meet the
objectives of this bylaw.
(c)
Disapprove the application and require submission of a stormwater
permit application to the Commission.
(d)
Disapprove the application if it finds the proposed plan will not
protect water resources or fails to meet the objectives of this bylaw,
or if it finds that the applicant has not submitted information sufficient
for the Commission or its Stormwater Agent to make such a determination.
(2)
A decision by the Commission or its Stormwater Agent shall be final.
Any person(s) aggrieved by a decision issued by the Stormwater Agent
for an administrative approval application may appeal to a court of
competent jurisdiction.
[Added 5-1-2023 ATM by Art. 18[1]]
A.
All stormwater permits and administrative approvals shall expire
three years from the date of issuance.
B.
The permittee, or its agent, shall notify the Conservation Commission
and its Stormwater Agent in writing of any changes made to the approved
plans or work activities subject to the bylaw and regulations as well
as the Massachusetts Stormwater Management Policy for determination
as to whether the changes are significant enough to require further
review and/or an amendment to the stormwater permit or administrative
approval and any conditions. Any errors in the plans or post-approval
information submitted by the permittee shall be considered changes.
(1)
If the proposed changes are determined to be minor by the Commission
or its Agent, they shall be approved administratively by the Stormwater
Agent without submission of an amended stormwater permit or administrative
approval application.
(2)
If the Conservation Commission or its Stormwater Agent determines that the change or alteration is moderate or significant based on the protected interests and performance and design standards specified in the bylaw, regulations, and/or Massachusetts Stormwater Management Policy, the Conservation Commission or its Stormwater Agent shall require that an amended or new stormwater permit or administrative approval application be filed. The submittal and application review procedures for amended stormwater permits and amended administrative approvals are equal to those outlined in §§ 223-9 and 223-10. If any change or alteration includes significant changes in project schedule, the Conservation Commission or its Stormwater Agent may require the installation of interim erosion and sedimentation control measures before considering whether to allow such change or alteration.
C.
Any stormwater permit or administrative approval may be renewed once
for an additional period of up to one year, provided that a written
request for renewal is received by the Commission and/or Stormwater
Agent at least 30 days prior to expiration. The Commission and/or
Stormwater Agent may exercise its discretion to grant such extension(s)
as it finds necessary to allow completion of the permitted work consistent
with the objectives and requirements of this bylaw.
(1)
Extension requests for all stormwater permits and/or administrative
approvals shall include all relevant and/or revised stormwater submission
documents (including, but not limited to, an explanation of the basis
for the proposed extension, proposed timeline for project completion,
notification to abutters, site plans, additional plans, stormwater
reports, etc.). Extension requests for stormwater permits shall require
a public hearing for review by the Commission. Extension requests
for administrative approvals do not require a hearing and may be reviewed
by the Stormwater Agent acting on behalf of the Commission. Within
21 days after the closing of the public hearing for a stormwater permit
extension request or within 21 days of receipt by the Stormwater Agent
of a complete request for an extended administrative approval, the
Commission and/or Stormwater Agent shall make one of the following
decisions:
(a)
Approve the extension of the stormwater permit or administrative
approval for a specified period if the Commission determines that
the proposed plan will protect water resources and meet the objectives
and requirements of this bylaw.
(b)
Approve the extension for the stormwater permit or administrative
approval for a specified period with additional conditions, modifications,
or restrictions to the stormwater permit or administrative approval
as necessary to ensure protection of water resources or to meet the
objectives of this bylaw.
(c)
Disapprove and deny the extension to the stormwater permit or
administrative approval if it is found that the proposed plan will
not protect water resources or fails to meet the objectives of this
bylaw or if the Commission determines that the applicant has not submitted
information sufficient for the Commission and/or Stormwater Agent
to make such a determination.
[Amended 5-1-2023 ATM by Art. 18]
As part of an application for a stormwater permit, or administrative
approval, the applicant should grant the Commission and its agents
permission to enter the site for inspection. Refusal to grant permission
for any inspections may be grounds for denial of the stormwater permit
or administrative approval application.
For projects requiring a stormwater permit under § 223-4A, the Commission may require the posting of a surety bond until work is completed.
A.
The Commission shall enforce this bylaw with violation notices, show
cause hearings, administrative orders, and enforcement orders, and
may pursue all civil and criminal remedies for any violations. Mechanisms
and procedures for enforcement shall be detailed in rules and regulations
adopted by the Commission pursuant to this bylaw.
[Amended 5-1-2023 ATM by Art. 18]
B.
Any person who violates any provision of this bylaw, regulations
thereunder, or permits issued thereunder, shall be punished by a fine
of $100. Each day or portion thereof during which a violation continues
shall constitute a separate offense, and each provision of the bylaw,
regulations or permit violated shall constitute a separate offense.
C.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Commission may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and § 1-7 of the Town's General Bylaws. The penalty for violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-1-2023 ATM by Art. 18]
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.
