A.Â
The purpose of this Stormwater Management Bylaw (bylaw) is to protect
the health, safety, general welfare, and environment by regulating
illicit connections and discharges to the storm drain system and controlling
the adverse effects of construction site stormwater runoff and post-construction
runoff. Stormwater runoff is potentially a major cause of:
(1)Â
Impairment of water quality and flow in lakes, ponds, streams,
rivers, wetlands, groundwater and drinking water supplies;
(2)Â
Contamination of drinking water supplies;
(3)Â
Contamination of downstream coastal areas;
(4)Â
Alteration or destruction of aquatic and wildlife habitat;
(5)Â
Overloading or clogging of municipal stormwater management systems;
and
(6)Â
Flooding.
B.Â
The objectives of this bylaw are:
(1)Â
Protect water resources;
(2)Â
Comply with state and federal statutes and regulations relating
to stormwater discharges, including total maximum daily load requirements;
(3)Â
To prevent pollutants from entering the Town's municipal
separate storm sewer system (MS4) and reduce or eliminate pollutants
entering the Town's MS4 from existing uses;
(4)Â
To prohibit illicit connections and unauthorized discharges
to the MS4 and require their removal;
(5)Â
To establish minimum construction and post-construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality;
(6)Â
To 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;
and
(7)Â
To establish the Town of Foxborough's legal authority to
ensure compliance with the provisions of this bylaw through inspection,
monitoring, and enforcement.
Definitions applicable to this bylaw are as follows:
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include change from distributed runoff to confined, discrete
discharge; change in the volume of runoff from the area; change in
the peak rate of runoff from the area; and change in the recharge
to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, requesting a land disturbance permit for proposed land disturbance
activity.
An 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 after all construction
activities have been completed, which states that all conditions of
an issued land disturbance permit have been met and that a project
has been completed in compliance with the conditions set forth in
the SWMP.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or the commonwealth from any source.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
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.
A document containing a narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff and erosion and sedimentation during preconstruction and construction-related
land disturbance activities.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including,
without limitation, sewage, process wastewater, or wash water, and
any connections from indoor drains, sinks, or toilets, regardless
of whether said connection was previously allowed, permitted, or approved
before the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Article II, § 232-202D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to Article II, § 232-202D of this Stormwater Management Bylaw.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. "Impervious surface"
includes, without limitation, roads, paved parking lots, sidewalks,
and rooftops.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Land uses or activities with higher potential pollutant loadings,
as defined in the Massachusetts Stormwater Management Standards. (See
Standard 5 of the MassDEP Stormwater Handbook, as amended.)
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MGL c. 131A and its implementing regulations, 321 CMR 10.00,
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
The standards issued by the Department of Environmental Protection,
and as amended, that coordinate the requirements prescribed by state
regulations promulgated under the authority of Massachusetts Wetlands
Protection Act MGL c. 131 § 40, and Massachusetts Clean
Waters Act MGL c. 21, § 26-53. The policy addresses stormwater
impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity
and quality of runoff from a site.
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 Foxborough.
A permit issued by the United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up 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 point source
into waters of the commonwealth.
A person with a legal or equitable interest in property.
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.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock; sand; salt; soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of "new development." (See above.)
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
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.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
The Town of Foxborough Planning Board or its authorized agent(s).
A plan required as part of the application for a land disturbance
permit.
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Total suspended solids.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
Tidal and nontidal areas characterized by the presence of
hydrophytic (water dependent or tolerant) plant communities and evidence
of hydrology (e.g., hydric soils) generally located between terrestrial
(land-based) and aquatic (water) environments.
A.Â
The Stormwater Authority shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees or agents.
A.Â
Following a public hearing on a waiver request, the Stormwater Authority
may waive strict compliance with any requirement of this bylaw or
the rules and regulations promulgated hereunder, where:
B.Â
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of this bylaw does not further the purposes or objective of this bylaw.
C.Â
All waiver requests shall be discussed and voted on at the public
hearing for the project.
D.Â
If in the Stormwater Authority's opinion, additional time or
information is required for review of a waiver request, the Stormwater
Authority may continue a hearing to a certain date announced at the
meeting. In the event the applicant objects to a continuance, or fails
to provide requested information, the waiver request shall be denied.
This bylaw shall be implemented in accordance with the requirements
of the EPA's most recent General Permit for MS4s in Massachusetts
relating to illicit connections and discharges, construction site
runoff, and post-construction stormwater management. The Stormwater
Authority shall include these requirements in any regulations that
it issues. The Stormwater Authority may establish additional requirements
by regulation to further the purposes and objectives of this bylaw
so long as they are not less stringent than those in the MS4 General
Permit for Massachusetts.
A.Â
The Stormwater Authority may adopt, and periodically amend, regulations,
rules and/or written guidance relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
Bylaw by majority vote after conducting a public hearing to receive
comments. Such hearing shall be advertised in a newspaper of general
local circulation, at least 14 days prior to the hearing date. Failure
of the Stormwater Authority to issue such rules or regulations, or
a legal declaration of their invalidity by a court, shall not act
to suspend or invalidate the effect of this bylaw.
B.Â
Such regulations, rules or guidance may include, without limitation, provisions for the establishment of one or more categories of administrative review approvals for specific types or sizes of projects. Administrative review applications that meet all the standard requirements may be issued by one or more agents designated, in writing, by the Stormwater Authority, without the requirement for a public hearing as detailed in Article III of this bylaw. Administrative review approval shall comply with all other provisions of this bylaw.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
