A.
Filing fees.
(1)
General provisions.
(a)
The Bylaw at § 227-4D of the Easton Town Code authorizes the Conservation Commission to charge a filing fee for a request for a determination and an application for a permit for work and to set the amount of this fee by regulation. The schedule of filing fees is found below, payable at the time of application, and such fees are nonrefundable. All applications reviewed by the Commission are listed below. If a particular project type is not described below, the prospective applicant is encouraged to seek pre-application assistance from the Conservation Commission. The Commission does not consider an application or request received until the filing fee is paid.
[Amended 8-10-2009; 12-2-2013; 1-6-2020; 12-6-2021; 4-11-2022]
|
Project Type
|
Fee
| ||
|---|---|---|---|
|
1.
|
Minor Project
| ||
|
a.
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Residential site that has no more than 250 square feet of disturbance
|
$100
| |
|
b.
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Certain projects described in § 503-24A(1)(c) below that have no more than 250 square feet of disturbance
|
$25
| |
|
c.
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Commercial/industrial – net increase in impervious cover
of no more than 250 square feet
|
$200
| |
|
d.
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Septic system repair or replacement
|
$150
| |
|
2.
|
Single-family dwelling
|
$525
| |
|
3.
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Certain projects described in § 503-24A(1)(c) below
|
$100
| |
|
4.
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Subdivisions; roadway & utilities
| ||
|
a.
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Work within buffer zone
|
$750 plus $6 per 1.f.*
| |
|
b.
|
Work within a resource area
|
$750 plus $15 per s.f.*
| |
|
c.
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Utility work not measurable by linear feet
|
$750
| |
|
5.
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Commercial and Industrial Projects, Multi-dwelling structures
| ||
|
a.
|
Any activity resulting in new disturbance within a resource
area except: land subject to flooding, outer 50 feet of buffer zone,
outer 50 feet of RFA of an intermittent stream
|
$900 plus $15 per s.f.*
| |
|
b.
|
Any activity resulting in new disturbance within land subject
to flooding, 50-foot buffer zone or outer 100 feet of RFA of an intermittent
stream
|
$900 plus $0.6 per s.f.*
| |
|
c.
|
Any activity within previously lawfully disturbed resource areas
except land subject to flooding, outer 50-foot buffer zone, outer
100 feet of RFA of an intermittent stream
|
$900 plus $0.50 per s.f.*
| |
|
d.
|
Any activity within previously lawfully disturbed land subject
to flooding, outer 50 feet of buffer zone or outer 100 feet of RFA
of an intermittent stream
|
$900 plus $0.25 per s.f.*
| |
|
e.
|
Work within any resource area that has been disturbed without
a lawful Permit for Work, Order of Conditions or Determination of
Applicability.**
|
$1,000 plus applicable per s.f. charge
| |
|
6.
|
Ecological Restoration Projects***
|
$900
| |
|
7.
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Request for Term Extension
| ||
|
a.
|
Single-family dwelling/minor project
|
$75
| |
|
b.
|
Other
|
$100
| |
|
8.
|
Refiling of previously denied projects within 3 years
|
Original fee or $1,250, whichever is less
| |
|
9.
|
Abbreviated Notice of Resource Area Delineation
| ||
|
a.
|
Single-family dwelling
|
$2 per l.f. not to exceed $400
| |
|
b.
|
Other
|
$2 per l.f. not to exceed $2,000
| |
|
10.
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Determination of Applicability
|
$100
| |
|
a.
|
Single-family dwelling/minor project
|
$100
| |
|
b.
|
Certain projects described in § 503-24A(1)(c) below
|
$100
| |
|
c.
|
Other
|
$300
| |
|
11.
|
Certificate of Compliance
| ||
|
a.
|
Partial
|
$100
| |
|
b.
|
Complete
|
$125
| |
|
12.
|
Amendment to valid Permit for Work
| ||
|
a.
|
Single Family Dwelling
|
$100
| |
|
b.
|
Minor project
|
$100
| |
|
c.
|
Other
|
$300
| |
|
*
|
Where the proposed activities intend to return previously lawfully
disturbed resource areas to a natural state the per linear foot and/or
square foot charge will be calculated based on the net new disturbance
within the resource areas.
|
|
**
|
A lawful permit would be one issued by the Commission in conformance
with the regulations and laws in existence at the time the permit
was issued; disturbance conducted prior to the adoption or existence
of regulations and laws governing such disturbance is also considered
lawful.
|
|
***
|
Ecological Restoration Projects are defined at 310 CMR 10.04
as a project whose primary purpose is to restore or otherwise improve
the natural capacity of a Resource Area(s) to protect and sustain
the interests identified in M.G.L. c. 131, § 40, when such
interests have been degraded or destroyed by anthropogenic influences.
The term Ecological Restoration Project shall not include projects
specifically intended to provide mitigation for the alteration of
a Resource Area authorized by a Final Order or Variance issued pursuant
to 310 CMR 10.00 or a 401 Water Quality Certification issued pursuant
to 314 CMR 9.00: 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 other than
projects implemented pursuant to a US Army Corps of Engineers approved
in-lien fee program.
|
(b)
Town, county, state, and federal projects are exempt from filing
fees.
(c)
The Conservation Commission will consider reduced fees in the following three instances. (1) Agricultural activities not exempt under the wetlands bylaw at § 227-3A: (2) Projects by applicants that the Easton Assessor’s Office find eligible for a tax exemption under G.L. c. 61A, and (3) activities by a non-profit organization that enhance open space or wetland values found at § 503-1B, Purpose.
[Amended 3-5-2018; 1-6-2020]
(d)
The Bylaw filing fees are in addition to the filing fees charged
under MGL c. 131, § 40, and Mass. Regs. Code tit. 310, §§ 4.00,10.03(7).
(e)
The maximum fee amount shall be $10,000
[Amended 7-27-2015]
B.
Consultant fees.
(1)
The Bylaw, at § 227-4E through J, authorizes the Conservation Commission to impose fees on the applicant to pay for expert consultants to the Commission to aid in and expedite the Commission's review of the proposed project. If the Commission elects to engage a consultant to assist with plan reviews, the Commission shall notify the applicant, within 21 days of the filing of the application, of its designation of an outside consultant. The applicant shall submit a deposit for said fees as set forth in the table below. In the event the cost of the review exceeds the amount of the deposit, an additional deposit shall be made by the applicant based on an estimate provided by the consultant to complete their review. Failure of an applicant to pay a review fee shall be grounds for denial of the Permit. When the review fee account is depleted, an additional deposit shall be made by the applicant.
(2)
The applicant may appeal the selection of the outside consultant
to the Board of Selectman within 14 days of notification of consultant
designation from the Conservation Commission. 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, as specified in M.G.L. c. 44, § 53G.
(3)
Review fees may only be spent on services rendered in connection
with the specific project for which they were collected. Accrued interest
may also be spent for this purpose. At the completion of the Board's
review of a project, any excess amount in the account, including interest,
attributable to a specific project, shall be refunded to the applicant,
or the applicant's successor in interest. A final report of said account
shall be made available to the applicant or the applicant's successor
in interest.
|
Review Fee Deposit Table
|
|
APPLICATION
|
PROJECT
|
CONSULTANT REVIEW FEE
|
|---|---|---|
|
Residential-single family
| ||
|
Accessory/Addition
|
$300*
| |
|
New Construction
|
$500*
| |
|
Residential - other
| ||
|
Notice of Intent (NOI)
|
Subdivision
|
$2,500*
|
|
Multi-Unit
|
$2,500*
| |
|
Commercial
| ||
|
New
|
$2,500*
| |
|
Redevelopment
|
$1,500*
| |
|
Industrial
| ||
|
New
|
$3,000*
| |
|
Redevelopment
|
$1,500*
| |
|
Utilities - New/Expansion
|
$5 per linear foot/not-to-exceed $2,500
| |
|
Limited Project (other than 10.53(e)
|
Fee Varies: As per the Commission's Consultant's
Proposal
| |
|
*Wetland Alterations/located w/in RFA
|
*Additional 50% of Fee
| |
|
Notice of Resource Area Delineation (ANRAD)
|
Base Review
|
$2,500 plus:
|
|
Resource Area Boundary
|
$4 per linear foot/not-to-exceed $2,000
| |
|
Request for Determination of Applicability - NO Boundary Confirmation
|
Residential
|
No Charge
|
|
All Other
|
$300
| |
|
Boundary Confirmation
|
See ANRAD Fee Schedule
| |
|
Certificate of Compliance (COC)
|
No Charge1
| |
|
OOC Extension Request
|
No Charge
| |
|
Emergency Certification
|
$500
| |
|
Request for Amended Order of Conditions
|
$5002
|
|
1
|
No Charge assumes that all required documentation is available
and/or provided with Request and no site inspection to confirm that
the project meets the applicable General Performance Standards. Otherwise,
a Consultant Review Fee may be assessed by the Commission on a case-by-case
basis.
|
|
2
|
Consultant Review Fee assumes that no stormwater management
design review is necessary.
|
A.
Information.
(1)
Generally. The information provided to the Conservation Commission to enable it to review an application for a permit for work or a determination shall describe the proposed activity and its effect on the environment. By effect on the environment, the Conservation Commission requires a discussion of the effect of the proposed project on all Bylaw wetland values, which are listed in § 503-1B and defined in § 503-4 of the Easton Town Code. In addition, due regard shall be shown for all natural features such as large trees, watercourses and water bodies, wildlife habitat, and similar community assets.
[Amended 3-5-2018]
(2)
Minimal submittal requirements for applications for determinations
and permits for work.
(a)
Subsection A(2)(b) below contains a list of the minimum filing requirements, and applicants should refer to §§ 503-26 and 503-27 of the Easton Town Code for more specific guidance. The applicant may submit, or be required to submit, any further information that will assist the Conservation Commission in its review and deemed necessary to determine the proposed effect on the Bylaw wetlands values, listed in § 503-IB of the Easton Town Code. However, the Conservation Commission may waive any of the plan requirements of Subsection B below for projects deemed insignificant.
(b)
The applicant must submit the application with all relevant
material electronically using the online permitting system found at
the Town of Easton website. Original material and two hard copies
will be accepted by the Conservation Commission only where the applicant
can demonstrate they do not have access to or the means to access
a computer.
[Amended 7-27-2015]
[2]
An eight-and-one-half-inch by eleven-inch reproduction of the
United States Geological Survey (USGS) quadrangle sheet showing the
project locus.
[3]
One or more appropriate drawings or plans of the project site
and Bylaw resource areas. Where the project requires two or more plans
or drawings to show the locus, an eight-and-one-half-inch by eleven-inch
sheet clearly identifying the proposed site and work in addition to
the labeled boundaries of the resource areas.
[4]
The names and addresses of the record owner(s), the applicant(s)
and of all abutters, as determined by the most recent local tax list
unless the applicant shall have a more recent knowledge of such abutters.
[5]
A description of any alteration to flood storage capacity on
the site. Include calculations if necessary.
[6]
The maximum groundwater elevations. The calendar dates of measurements,
samplings, and percolation tests shall be included, regardless of
planned sewer connections.
[7]
The soil characteristics in representative portions of the site.
[8]
A runoff plan and calculations using the Rational Method for
pipe size and the TR-55/TR-20 Soil Conservation Service methods for
all drainage and flood storage design.
[9]
The methods to be used to stabilize and maintain any embankments
facing any area subject to protection under the Bylaw, except land
subject to flooding, buffer zones, and riverfront areas, or show on
a professionally prepared plan existing slopes of less than or equal
to 3:1.
[10]
The methods to control erosion during and after
construction, which shall be in accordance with the Massachusetts
Department of Environmental Protection's current guidelines.
[11]
Where applicable, a description and calculation
of peak flow and estimated water quality characteristics of discharge
from a point source (both closed and open channel) when the point
of discharge falls within a resource area subject to protection under
the Bylaw.
(c)
Delay in opening public hearing if application incomplete. The Bylaw at § 227-5C of the Easton Town Code states that the "Commission shall commence the public hearing within 21 days of the receipt of a completed application or request for determination. . . ." Where the Conservation Commission does not receive the minimum filing requirements it shall deem the application incomplete. The minimum filing requirements include payment of the filing fee as provided in § 503-24 of the Easton Town Code.
[Amended 8-10-2009]
B.
Plans (drawings).
(1)
Scale, title, date, person preparing, and other general requirements.
(a)
All plans (drawings) shall be drawn (one inch equals 40 feet
maximum) with the title designating the name of the project location,
the name(s) of the person(s) preparing the drawings, and the date
prepared, including all revision dates.
(b)
Drawings, whenever possible, should be stamped and signed by
a registered professional engineer. In lieu of a registered professional
engineer, the Commission may accept a plan signed by a land surveyor,
registered in the Commonwealth of Massachusetts. Pencil notations
will not be accepted.
(c)
Assessor's map and lot number(s) shall be shown.
(2)
Delineation of Bylaw resource areas and areas subject to protection of the Act. All drawings must include a delineation of all resource areas subject to protection under the Bylaw (Bylaw resource areas) as defined in Article II, §§ 503-16 through 503-21, of the Easton Town Code, and areas subject to protection under the Act. The Bylaw resource areas should be clearly delineated as indicated below, regardless of whether the applicant believes the work is subject to the Wetlands Protection Act, MGL c. 131, § 40, or the Easton Wetlands Bylaw, Chapter 227 of the Easton Town Code:
(a)
Vernal pools regulated under the Bylaw: purple.
(b)
Reservoirs, lakes, ponds, rivers, streams: light blue.
(c)
Vegetated wetlands: light green with swamp symbols superimposed.
(d)
Lands subject to flooding: outline with a dashed blue line.
(e)
Buffer zone: mark the one-hundred-foot boundary with a solid
orange line; the fifty-foot inner "No Disturb Zone" boundary with
a solid red line.
(f)
Riverfront area: mark the two-hundred-foot boundary with a solid
brown line.
(3)
Alterations.
(a)
All plans must include a delineation of all alterations (such
as filing, dredging, and placing of impervious surfaces) proposed
in or within 100 feet of Bylaw Resource Areas, and those areas subject
to protection under the Act. All alterations must be clearly explained
in the accompanying text or footnotes.
(b)
Cumulative Impacts.
[1]
A plan illustrating the cumulative impacts, including reasonably
foreseeable future impacts resulting from the project as a whole,
must be provided for all housing development and redevelopment projects
consisting of two or more lots, for any subdivision or multi-unit
dwelling structures and for any commercial development. The plan(s)
must depict the following locations, in addition to those requirements
specified elsewhere in these regulations:
[a]
Roadways, sidewalks, driveways;
[b]
Maximum building envelopes;
[c]
Pools, decks, patios, outbuildings;
[d]
Tree line, limit of lawn and landscaping (existing
and proposed);
[f]
Septic (primary and reserve fields); and
[g]
All other man-made structures, features or work
which has the potential to alter Resource Areas
[2]
In addition to the above items, applicants must provide information
regarding the total impact to each Resource Area(s), expressed in
square footage and/or percentages.
(4)
Contours and elevations.
(a)
All drawings must indicate existing and final contours (after
proposed alterations) and contour interval used, including reservoir,
lake and pond bottom pollution pillows, and river and stream invert
contours. The contour interval shall be no greater than two feet.
[Amended 3-5-2018]
(b)
All drawings, where applicable, must indicate locations and
elevations of sills and bottom of septic systems. The bottom of a
septic system is the elevation of the leaching field substrate.
(c)
All drawings must indicate the location and elevation of the
benchmark used for the survey.
(d)
All drawings must indicate invert elevations on catch basins.
(5)
Soil characteristics. All drawings must indicate soil characteristics
in representative parts of property, including depth of peat and muck
in vegetated wetlands; include test borings, unless the Conservation
Commission grants a waiver of this requirement.
(6)
Culverts and pipes. All drawings must indicate locations, sizes and
slopes of existing and proposed culverts and pipes.
(7)
Cross-section of vegetated wetlands where work is proposed in a vegetated
wetland. All drawings must include cross-section of all vegetated
wetlands, showing slopes, and bank and bottom treatments.
(8)
Water storage capacity of property calculation. All drawings must
be accompanied by information showing the existing and proposed water
storage capacity of the property, including calculations and data
on which the capacity is based. If filling is proposed, determine
the effect of loss of storage on downstream channels and culverts.
(9)
Trees, walls, historic sites, etc. All drawings must indicate existing
trees, stone walls, fences, buildings, historic sites, rock ridges
and outcroppings.
(10)
Pollution control devices. All drawings must indicate proposed
on-site control devices, such as hooded catch basins, oil absorption
detention/retention basins, flow dissipaters or vegetative buffers.
(11)
Erosion control. Show locations/details of erosion control devices.
(12)
Water supply wells. All wells within 100 feet of any proposed
septic system shall be shown.
(13)
Areas of critical environmental concern. If location is within
the Canoe River Aquifer Area of Critical Environmental Concern; the
Hockomock Swamp Area of Critical Environmental Concern; or the Sole
Source Aquifer, same shall be so indicated on the plan.
(14)
Dates of measurements. All drawings must be accompanied by the
calendar dates of taking the measurements, samplings, contours, and
so forth. All such data shall be stated in NGVD base.
C.
Conditions required for site inspection. Before the Conservation
Commission or the Commission's agent can conduct a site inspection,
the following conditions must be met:
(1)
Stakes shall be provided as follows. Failure to have the lot staked may result in no review and thus costly delay of the project. If the lot is not staked in accordance with the requirements below, the application shall not be considered complete and, therefore, the twenty-one-day period to open the public hearing, as provided in the Bylaw at § 227-5C of the Easton Town Code, does not begin.
(2)
Lot number or house number must be posted at location.
(3)
Boundaries of all Bylaw resource areas and areas subject to protection
under the Act shall be marked appropriately.
(4)
Directions shall be made available to the Conservation Commission
to locate property.
A.
Forms.
(1)
Wetlands Protection Act. At the same time as the applicant files
for a determination under the Bylaw, the applicant should file "Form
I" issued by the Department of Environmental Protection (the "DEP")
under MGL c. 131, § 40, as follows:
B.
Notice to abutters.
(1)
Bylaw requirement. As stated in the Bylaw at § 227-5A of the Easton Town Code, "Any person filing a permit application or a request for determination with the Commission at the same time shall give written notice thereof, by certified mail (return receipt requested) or hand delivery, to all abutters . . . ."
(a)
The notice to abutters shall include a copy of the application
or request, with plans, or state that copies may be examined and obtained
by abutters from the office of the Conservation Commission.
(b)
Notice must be sent to abutters at their mailing addresses shown
on the most recent applicable tax list of the Assessors.
(c)
Abutters include owners of land directly opposite on any public
or private way, and abutters to the abutters within 300 feet of the
property line of the applicant, including any in another municipality
or across a body of water.
(2)
Availability of copy of request for determination. Where the notice
to abutters does not contain a copy of the request for determination,
that notice shall state that a copy may be examined and obtained at
the Conservation Commission office and at any other place where the
applicant will make the document available.
(3)
Evidence of mailing. The Conservation Commission shall request that
applicant supply evidence of mailing to all abutters and shall not
open any public hearing until it receives such proof.
C.
Notice to and participation of other Town boards.
(1)
Boards to be notified and information in notice. As provided in the Bylaw at § 227-6 of the Easton Town Code, "Any person filing . . . a request for determination shall inform each of the following: the Board of Selectmen, Planning and Zoning Board, Board of Appeals, Board of Health, Town Engineering Division and Building Inspector, by certified mail or hand delivery, that same is on file in the Commission office for their immediate review."
(2)
Time for boards' response, disclosure of response to applicant.
(a)
The Conservation Commission shall not take action on the application for a determination until 14 days have lapsed from the receipt by the Town boards of the notice specified in the foregoing Subsection C(1).
(b)
The Conservation Commission shall provide the applicant with
a copy of any response from any Town board.
D.
Public hearing notice (Bylaw, § 227-5, Notice and hearing, of the Easton Town Code).
(1)
Bylaw. The Bylaw, at § 227-5B of the Easton Town Code, states that "[t]he Commission shall conduct a public hearing on any application or request for determination, with written notice given at the expense of the applicant, five business days prior to the hearing, in a newspaper of general circulation in the municipality."
[Amended 3-5-2018]
(2)
Payment of published notice. The applicant shall provide, when filing
an application for a determination, a check to the Commission. The
check shall be made payable to "The Enterprise" in the amount of the
prevailing rate to cover the cost of said legal notice.
A.
Forms.
(1)
Wetlands Protection Act. At the same time as the applicant files
for a permit for work under the Bylaw on the applicable form, which
may be obtained from the Conservation Commission, the applicant should
file either a notice of intent or an abbreviated notice of intent
form issued by the Department of Environmental Protection ("DEP"),
as follows:
B.
Notice to abutters.
(1)
Bylaw requirement. As stated in the Bylaw at § 227-5A of the Easton Town Code, "Any person filing a permit application or a request for determination with the Commission at the same time shall give written notice thereof, by certified mail (return receipt requested) or hand delivery, to all 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 way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water. The notice to abutters shall enclose a copy of the application or request, with plans, or state where copies may be examined and obtained by abutters." (This would be the Conservation Commission office.)
(2)
Availability of copy of request for permit. Where the notice to abutters
does not contain a complete copy of the application for permit for
work, that notice shall state that a copy may be examined and obtained
at the Conservation Commission office and at any other place where
the applicant will make the document available.
(3)
Evidence of mailing. The Conservation Commission shall request that
applicant supply evidence of mailing to all abutters and shall not
open any public hearing until it receives such proof.
C.
Notice to and participation of other Town boards.
(1)
Boards to be notified and information in notice. As provided in the Bylaw at § 227-6 of the Easton Town Code, "Any person filing an application for a permit for work ... shall inform each of the following: the Board of Selectmen, Planning and Zoning Board, Board of Appeals, Board of Health, Town Engineering Division and Building Inspector, by certified mail or hand delivery, that same is on file in the Commission office for their immediate review."
(2)
Time for boards' response, disclosure of response to applicant.
(a)
The Conservation Commission shall not take action on the application for a permit for work until 14 days have lapsed from the receipt by the Town boards of the notice specified in the foregoing Subsection C(1).
(b)
The Conservation Commission shall provide the applicant with
a copy of any response from any Town board.
D.
Public hearing notice.
(1)
Bylaw. The Bylaw at § 227-5B of the Easton Town Code states that "[t]he Commission shall conduct a public hearing on any application for permit or request for determination, with written notice given at the expense of the applicant, five business days prior to the hearing, in a newspaper of general circulation in the municipality."
[Amended 3-5-2018]
(2)
Payment of published notice. The applicant shall provide, when filing
an application for a permit for work, a check to the Conservation
Commission. The check shall be made payable to "The Enterprise" in
the amount of the prevailing rate to cover the cost of said legal
notice.
A.
Applicability.
(1)
No Area Subject to Protection under the Act or Bylaw may be altered
or filled for the impoundment or detention of stormwater, the control
of sedimentation or the tenuation of pollutants in stormwater discharges,
and the applicable performance standards shall apply to any such alteration
or fill.
(2)
Except as expressly provided herein, stormwater runoff from all industrial, commercial, institutional, office, residential and transportation projects that are subject to regulation under Chapter 227 of the Town of Easton Bylaw and the Easton Wetlands Regulations, Chapter 503 of the Easton Town Code including site preparation, construction, and redevelopment and all point source stormwater discharges from said projects within an Area Subject to Protection under the Act and Bylaw or within the Buffer Zone shall be provided with stormwater best management practices to attenuate pollutants and to provide a setback from the receiving waters and wetlands in accordance with the Stormwater Management Performance Standards referenced in § 503-28B.
B.
Performance Standards
(1)
No new stormwater conveyances may discharge untreated stormwater
directly to or cause erosion in Resource Areas Subject to protection
under the Bylaw and Act.
(2)
Stormwater management systems shall be designed so that post-development
peak discharge rates do not exceed pre-development peak discharge
rates.
(3)
Loss of annual recharge to ground water shall be eliminated through
the use of infiltration measures including environmentally sensitive
site design, low impact development techniques, stormwater best management
practices and good operation and maintenance. At a minimum, the annual
recharge from the postdevelopment site shall approximate the annual
recharge from the pre-development conditions based on soil type. This
Standard is met when the stormwater management system is designed
to infiltrate the required recharge volume as determined in accordance
with the Massachusetts Stormwater Handbook.
(4)
Stormwater management systems shall be designed to remove 90% of
the average annual post-construction load of Total Suspended Solids
(TSS). This Standard is met when:
(a)
Suitable practices for source control and pollution prevention
are identified in a long-term pollution prevention plan and thereafter
are implemented and maintained;
(b)
Structural stormwater best management practices are sized to
capture the required water quality volume determined in accordance
with Massachusetts Stormwater Handbook; and
(c)
Pretreatment is provided in accordance with the Massachusetts
Stormwater Handbook.
(5)
For land uses with higher potential pollutant loads, source control
and pollution prevention shall be implemented in accordance with the
Massachusetts Stormwater Handbook to eliminate or reduce the discharge
of stormwater runoff from such land uses to the maximum extent practicable.
If through source control and/or pollution prevention, all land uses
with higher potential pollutant loads cannot be completely protected
from exposure to rain, snow, snow melt and stormwater runoff, the
proponent shall use the specific structural stormwater BMPs determined
by the Commission to be suitable for such use as provided in the Massachusetts
Stormwater Handbook.
(6)
Stormwater discharges within the Zone II or Interim Wellhead Protection
Area of a public water supply and stormwater discharges near or to
any Areas of Critical Environmental Concern and Vernal Pools and their
associated buffer zones require the use of the specific source control
and pollution prevention measures and the specific structural stormwater
best management practices determined by the Commission to be suitable
for managing discharges to such area as provided in the Massachusetts
Stormwater Handbook. A discharge is near a critical area, if there
is a strong likelihood of a significant impact occurring to said area,
taking into account site-specific factors.
(7)
Stormwater discharges to Outstanding Resource Waters, Special Resource
Waters, within an Area of Critical Environmental Concern and their
buffer zones shall be removed and set back from the receiving water
or wetland and receive the highest and best practical method of treatment.
Stormwater discharges to a Zone I or Zone A are prohibited, unless
essential to the operation of the public water supply.
(8)
A redevelopment project is required to meet the following Stormwater
Management Standards: Standard 2, Standard 3, and the pretreatment
and structural stormwater best management practice requirements of
Standards 4, 5 and 6. Existing stormwater discharges shall comply
with Standard 1 only to the maximum extent practicable. A redevelopment
project shall also comply with all other requirements of the Stormwater
Management Standards and improve existing conditions.
(9)
A plan to control construction related impacts including erosion,
sedimentation and other pollutant sources during construction and
land disturbance activities (construction period erosion, sedimentation
and pollution prevention plan) shall be developed and provided to
the Issuing Authority for approval prior to commencement of work.
(10)
A long-term operation and maintenance (O & M) plan shall
be developed and implemented to ensure that the stormwater management
system functions as designed.
(11)
All illicit discharges to the stormwater management system are
prohibited.
C.
Applicability. The Stormwater Management Standards shall apply to
the maximum extent practicable to the following:
(1)
Housing development and redevelopment projects comprised of detached
single-family dwellings on three or more lots
(2)
Housing development and redevelopment projects comprised of detached single-family dwellings on one or two lots that that may potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6)
(3)
Multi-family housing development and redevelopment projects including
condominiums, cooperatives, apartment buildings, and townhouses;
(4)
Footpaths, bike paths and other paths for pedestrian and/or nonmotorized
vehicle access.
D.
Exceptions - the Stormwater Management Standards shall not apply
to:
(1)
Housing development and redevelopment projects comprised of detached single-family dwellings on one or two lots with stormwater discharges that do not potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6);
(2)
Multi-family housing development and redevelopment projects, including condominiums, cooperatives, apartment buildings and townhouses, that do not potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6);
(3)
Emergency repairs to roads or their drainage systems.
E.
Phased Projects. For phased projects, the determination of whether
the Stormwater Management Standards apply is made on the entire project
as a whole including all phases. When proposing a development or redevelopment
project subject to the Stormwater Management Standards, proponents
shall consider environmentally sensitive site design that incorporates
low impact development techniques in addition to stormwater best management
practices.
F.
Compliance
(1)
Project proponents seeking to demonstrate compliance with some or
all of the Stormwater Management Standards to the maximum extent practicable
must demonstrate that:
[Amended 3-5-2018]
(a)
They have made all reasonable efforts to meet each of the Standards;
(b)
They have made a complete evaluation of possible stormwater
management measures including environmentally sensitive site design
and low impact development techniques that minimize land disturbance
and impervious surfaces, structural stormwater best management practices,
pollution prevention, erosion and sedimentation control and proper
operation and maintenance of stormwater best management practices;
and
(c)
If full compliance with the Standards cannot be achieved, they
are implementing the highest practicable level of stormwater management.
(2)
Certificate of Compliance. As a standard condition of the issuance
of a Certificate of Compliance, the Applicant shall submit the following
(a)
A letter from a registered professional engineer certifying
the structures and elements as constructed will meet the standards
as intended by the approved plan and detailing any deviations from
the approved proposed plan and their potential effect. A statement
the work is in "substantial compliance" with no detailing of the deviations
shall not be accepted.
(b)
An "As-Built" plan signed and stamped by a registered professional
engineer or land surveyor showing in detail the exact location of
all structures or elements, elevations and the topography of the finished
grades.
(3)
Operations and Maintenance. The ability of Stormwater Management
structures and elements to achieve the intended result is fully dependent
on the system functioning properly on a continuing basis. To ensure
the structures and elements are operated and maintained according
to plan, the applicant shall submit an annual report to the Commission
for review no later than January 31 of each year. This report shall
correlate to the originally approved Operations and Maintenance plan
and shall include:
(a)
Reference to each structure or element comprising the overall
stormwater management system
(b)
Maintenance conducted over the past year, including dates and
contractors
(c)
Observations of function
(d)
Recommendation and schedule for repairs, as necessary. Repairs
must be documented in the next annual report.
(4)
Failure to provide the report by the date due will result in a fine
of up to $100 per business day beyond the January 31 due date.
G.
Submittals.
(1)
Information. Every project subject to the Town of Easton's Stormwater
Management Regulations and/or the State Stormwater Management Regulations
shall submit a Stormwater Management Report. This report should document
the stormwater management system proposed and provide the Town and
its consultants with the information necessary to adequately evaluate
the design.
(2)
Minimal Submittal Requirements.
(a)
Supply one copy of original material to the Easton Conservation Commission, plus either six hard copies or one electronic version in Portable Document Format (PDF). Original material must conform to the submission requirements of § 503-25 and be printed double sided where feasible; electronic versions deemed illegible will be rejected by the Commission.
[Amended 3-5-2018]
(b)
(Reserved)
(c)
Reports should not include any information that is not relevant
to the particular project being proposed. For example, portions of
the regulations should not be quoted within the report unless they
provide meaningful relevance; items in the checklist which have not
been checked as applying to the proposed project should not be included;
do not include appendices if there is no associated or relevant content.
(d)
The report shall be ordered such that there is a section labeled
and referenced to correlate directly to each section of the Massachusetts
Department of Environmental Protection Checklist for Stormwater Report.
All sections and information listed below shall be included in the
report, in the order listed. Each section should be clearly labeled
and separated from the previous section. The following information,
at a minimum, must be included in the report:
[1]
Title. Identify the project name, location (i.e. street address
and map and lot #), DEP/Easton File Number, applicant, and engineer
[2]
Introduction. This should be a summary narrative that includes:
[a]
A description of existing topography and landscape
at the site
[b]
Existing stormwater drainage patterns
[c]
Existing soil conditions and times of concentrations
[d]
Proposed topographic, landscape and soil changes
[e]
Proposed treatment methods and resulting stormwater
drainage patterns
[f]
Summary, in tabular format, of pre- and post-development
curve numbers, run-off rates and times of concentration
[Amended 3-5-2018]
[3]
MADEP Checklist for Stormwater Report and Certification.
[5]
Stormwater Management Standards.
