A.
Article III of this bylaw shall apply to all activities that result in disturbance of one acre (43,560 square feet) of land or more that drains to the municipal separate storm sewer system (MS4). Except as authorized by the Stormwater Authority in a land disturbance permit or as otherwise provided in the Stormwater Regulations, no person shall perform any activity that results in disturbance of one acre (43,560 square feet) of land or more. Normal maintenance and improvement of land in agricultural or aquacultural use, as defined by the Wetlands Protection Act regulation 310 CMR 10.04, are exempt. In addition, as authorized in the Phase II Small MS4 General Permit for Massachusetts, stormwater discharges resulting from the above activities that are subject to jurisdiction under the Wetlands Protection Act or require other permits from the Planning Board and demonstrate compliance with the Massachusetts Stormwater Management Standards as reflected in an Order of Conditions issued by the Conservation Commission or permitted by the Planning Board are exempt from compliance with these regulations. Any activity proposed or undertaken outside the areas specified in this bylaw is not subject to regulation and does not require the filing of a land disturbance permit, unless and until that activity actually alters an area subject to protection under this bylaw. In the event that the Stormwater Authority determines that such activity has in fact altered an area subject to protection under this bylaw, it may require the filing of a land disturbance permit and/or issuance of an enforcement order and shall impose such conditions on the activity or any portion thereof as it deems necessary to contribute to the protection of the interests identified in Article I, § 232-101.
B.
Exemptions:
(1)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling conducted in such a way as not to cause
a nuisance;
(2)
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(3)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns
or result in discharge of sediment to the MS4;
(4)
Normal maintenance and improvement of land in agricultural or
aquacultural use; and
(5)
Disturbance or redevelopment of land that is subject to jurisdiction under the Wetlands Protection Act (MGL c. 131, § 40), Foxborough Wetlands Protection Bylaw (Chapter 267) or requires other permits from the Planning Board and demonstrates compliance with the Massachusetts Stormwater Management Standards and the Town of Foxborough Stormwater Management Regulations as reflected in a valid order of conditions issued by the Conservation Commission or permitted by the Planning Board.
C.
Permit procedures and requirements are outlined in the Town of Foxborough
Stormwater Regulations (the regulations).
D.
Any person that fails to follow the requirements of a land disturbance
permit and the related Erosion and Sedimentation Control Plan, and
Operations and Maintenance Plan issued under the regulations shall
be in violation of the Code of the Town of Foxborough.
A.
An applicant seeking an approval and/or a permit shall file an appropriate
application with the Stormwater Authority in a form and containing
information as specified in this bylaw and in regulations adopted
by the Stormwater Authority. Approval or a permit must be obtained
prior to the commencement of land-disturbing or redevelopment activity
based on thresholds described in the regulations.
B.
The Stormwater Authority shall hold a public hearing within 30 days
of the receipt of a complete application and shall take final action
within 30 days from the time of the close of the hearing unless such
time is extended by agreement between the applicant and the Stormwater
Authority. Notice of the public hearing shall be given by publication
and posting and by first-class mailings to abutters at least seven
days prior to the hearing. The Stormwater Authority shall make the
application available for inspection by the public during business
hours at the office of the Town of Foxborough Planning Board.
A.
Entry to perform duties under this bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Stormwater Authority, its agents, officers, and
employees may enter upon privately owned property for the purpose
of performing their duties under this bylaw and regulations and may
make or cause to be made such examinations, surveys or sampling as
the Stormwater Authority deems reasonably necessary.
The Stormwater Authority or its designated agent shall make
inspections as outlined in the regulations to verify and document
compliance with the land disturbance permit.
The Stormwater Authority may require the applicant to post,
before the start of land disturbance or construction activity, a surety
bond, irrevocable letter of credit, cash, or other acceptable security.
The form of the bond shall be approved by the Stormwater Authority
and shall be in an amount deemed sufficient by the Stormwater Authority
to ensure that the work will be completed in accordance with the permit.
If the project is phased, the Stormwater Authority may release part
of the bond as each phase is completed in compliance with the permit.
A.
Land disturbance permit. Upon completion of the work, the applicant
shall submit a report (including certified as-built construction plans)
from a professional engineer (PE), or professional land surveyor (PLS),
certifying that all erosion and sedimentation control devices, and
approved changes or modifications, have been completed in accordance
with the conditions of the approved Erosion and Sediment Control Plan
and Stormwater Management Plan. Any discrepancies shall be noted in
the cover letter.
A.
Civil relief. If a person violates the provisions of this bylaw,
or any associated regulations, permit, notice, or order issued thereunder,
the Stormwater Authority may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
B.
Orders. If the Stormwater Authority determines that a person's
failure to follow the requirements of a land disturbance permit and
the related Erosion and Sedimentation Control Plan or Operations and
Maintenance Plan is creating an adverse impact to a water resource,
or if the Stormwater Authority determines that an activity not otherwise
required to obtain a land disturbance permit is causing an adverse
impact to a water resource, then the Authority may issue a written
order to the person to remediate the adverse impact, which may include:
(1)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with this bylaw and provisions of the land
disturbance permit;
(2)
Maintenance, installation or performance of additional erosion
and sediment control measures;
(3)
Monitoring, analyses, and reporting; and
(4)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity.
C.
If the Stormwater Authority determines that abatement or remediation
of pollutants is required, the order shall set forth a deadline for
completion of the abatement or remediation. Said order shall further
advise that, should the violator or property owner fail to abate or
perform remediation within the specified deadline, the Town may, at
its option, undertake such work, and expenses thereof shall be charged
to the violator or property owner. Within 30 days after completing
all measures necessary to abate the violation or to perform remediation,
the violator and the property owner will be notified of the costs
incurred by the Town, including administrative costs. The violator
or property owner may file a written protest objecting to the amount
or basis of costs with the Stormwater Authority within 30 days of
receipt of the notification of the costs incurred. If the amount due
is not received by the expiration of the time in which to file a protest
or within 30 days following a decision of the Stormwater Authority
affirming or reducing the costs, or from a final decision of a court
of competent jurisdiction, the cost shall become a special assessment
against the property owner of said costs. Interest shall begin to
accrue on any unpaid costs at the statutory rate provided in MGL c.
59, § 57, after the 30th day at which the costs first become
due.
D.
Criminal and civil penalties. Any person who violates any provision
of this bylaw, valid regulation, or the terms or conditions in any
permit or order prescribed or issued thereunder, shall be subject
to a fine not to exceed $300 for each day such violation occurs or
continues or subject to a civil penalty, which may be assessed in
an action brought on behalf of the Town in any court of competent
jurisdiction.
E.
Appeals. The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be to a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
