[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 6-5-2018 by Art. 25, approved 9-10-2018. Amendments noted where applicable.]
The purpose of this Chapter is to ensure the review and enforcement of proper stormwater management during and after construction and other land disturbance activities, in accordance with the requirements of 40 CFR 122.34 and the MS4 Permit.
Any terms that have not been defined specifically herein shall have their normal English meanings, unless the context indicates otherwise; provided, that this Chapter additionally shall incorporate by reference the definitions that are provided in 40 CFR 122.26(b) and Appendix A to the MS4 Permit, including any future revision to, or replacement of, the same:
- shall mean the Board of Public Works of the Town.
- shall mean the Director of Public Works of the Town.
- LAND DISTURBANCE ACTIVITIES
- shall mean activities that result in the alteration of the existing vegetation or underlying soil of a site, whether through clearing, grading, excavating, filling, compacting, stockpiling or otherwise.
- shall mean the stormwater drainage systems of the Town that are publically owned and operated, as further defined in said Appendix A.
- MS4 PERMIT
- shall mean the MA MS4 General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts, as executed on April 4, 2016, between the Office of Ecosystem Protection of the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection.
- STORMWATER HANDBOOK
- shall mean the most recent version, at any given time, of the Massachusetts Stormwater Handbook that has been promulgated by the Massachusetts Department of Environmental Protection, or any successor agency to the same.
- shall mean the Town of Dartmouth, Massachusetts.
This Chapter is intended to supplement existing state and local review and enforcement procedures for regulating stormwater runoff. This Chapter shall apply to any land disturbance activities that occur on parcels of land that meet the criteria of § 313-3A, unless those land disturbance activities are specifically exempted by § 313-3B.
Parcel criteria. Parcels of land on which land disturbance activities occur shall be subject to the requirements of § 313-4 if they meet both of the following criteria:
The parcel drains into the MS4, whether such drainage preexists, or would result from, the land disturbance activities; and
The parcel meets any one of the following requirements:
It is at least 5,000 square feet;
It is contiguous to separately designated parcels that are in common ownership, operation or effective control of the same person, corporate entity or other public or private entity, and the combination of it and all such contiguous parcels is at least 5,000 square feet; or
It is part of any plan that was approved and recorded in accordance with, Massachusetts General Laws, Chapter 41, Section 81P, Massachusetts General Laws, Chapter 41, Sections 81K through 81GG, Massachusetts General Laws, Chapter 40R, or Massachusetts General Laws, Chapter 40B, or any successor statutes thereto.
Exempt activities. This Chapter shall not apply to the following land disturbance activities:
Any environmental remediation that is required by, and conducted in accordance with, the provisions of 310 CMR 40.00 or any successor regulation thereto;
Any land disturbance that is undertaken as part of, and in accordance with, customary agricultural practices on established agricultural land, including, but not limited to, soil manipulation by harrowing or plowing, stone removal from harrowed or plowed fields, the harvesting of root crops, and nursery or orchard stock cultivation or removal;
Maintenance of existing gardens and landscaping;
Any excavation, removal or relocation of earth minerals or soils that is authorized by the Soil Conservation Board in accordance with Chapter 184 of the General By-Laws;
Any activity that is authorized by a recorded order of conditions that has been issued by the Conservation Commission pursuant to Chapter 360 of the General By-Laws or Massachusetts General Laws, Chapter 131, Section 40 or any successor statute thereto;
Any activity that is undertaken in accordance with a parking site plan that has been approved by the Planning Board pursuant to Section 16 of the Zoning By-Laws, but only so long as the Planning Board applied the standards of the Stormwater Handbook, after consultation with the Director or his designee, in granting said approval;
The construction and installation of private ways, sidewalks, open space landscaping, common drainage systems, water and sewer mains, street lighting and any other common infrastructure and facilities, but excluding any construction upon or improvement to any individual residential lots, that is undertaken in accordance with a recorded subdivision plan that was approved by the Planning Board pursuant to Massachusetts General Laws, Chapter 41, Sections 81K through 81GG, or any successor statute thereto, but only so long as the Planning Board, after consultation with the Director or his designee, applied the standards of the Stormwater Handbook in granting said approval;
Any activity that is undertaken in accordance with a recorded decision that was issued by the Plan Approval Authority pursuant to Section 7.0 of the Zoning By-Laws and Massachusetts General Laws, Chapter 40R or any successor statute thereto, but only so long as the Plan Approval Authority, after consultation with the Director or his designee, applied the standards of the Stormwater Handbook in granting said approval; and
The construction, reconstruction, maintenance and repair of public ways, public stormwater or drainage facilities, or public water or sewer facilities, by the Department of Public Works or any state or federal agency.
Any land disturbance activity that will take place on a parcel that is described in § 313-3A, and that is not otherwise exempted pursuant to § 313-3B, shall require a stormwater permit from the Department of Public Works. No aspect of such qualifying land disturbance activity, including any clearing of land, excavation or other site preparation activities, may occur prior to the issuance of a stormwater permit.
Referral from Building Department. Whenever the Building Department receives any application for a building permit or other approval, and the activity that is proposed by said application, or that would result from the issuance of said building permit or other approval, would qualify as land disturbance activity that requires a stormwater permit, then the Building Department shall inform the Director of the receipt of said application, and shall inform the applicant that the proposed project additionally requires a stormwater permit; provided, that nothing herein shall preclude, or be construed as limiting or delaying, the issuance of any such building permit or other approval by the Building Department; further, provided that the failure of the Building Department to so inform either the Director or any such applicant shall not affect the applicability or enforceability of this Chapter or the obligation or ability to obtain a stormwater permit for any given proposed project.
Application submission; application form; rejection without prejudice.
The application for an original stormwater permit, or for an amendment to a stormwater permit that was granted by the Director, shall be submitted to the Director. The application for an amendment to a stormwater permit that was granted by the Board must be submitted directly to the Board.
Applications shall be in such form, shall require such information and documentation, and shall be accompanied by a nonrefundable fee in such amount, as the Board may establish from time to time by regulation.
Applications that are incomplete, or that are submitted to the wrong reviewing authority, shall be rejected without prejudice.
Review by Director of Public Works; delegation of review; appeal.
Within 14 days of receipt of any properly submitted and complete application, the Director shall review said application in accordance with § 313-4E, and shall either grant or deny the stormwater permit.
The Director may delegate to any subordinate the review of any given stormwater permit application for compliance with these requirements, but the final decision on whether to issue said permit shall remain with the Director.
The applicant may appeal to the Board the decision of the Director to deny a stormwater permit; provided, that any such appeal must be received by the Board within 14 days of the date of said decision.
Review by the Board of Public Works; hearing notice; imposition of conditions.
Within 30 days of receipt of either an appeal of a denial by the Director or a properly submitted and complete application to amend a prior decision of the Board, the Board shall hold a public hearing with respect to the same, shall review said appeal or application in accordance with § 313-4E, and shall either grant or deny the stormwater permit.
At least seven days prior to the public hearing, notice of the same shall be provided to the applicant and to all abutters to the parcel for which the stormwater permit is sought (including any abutters across any public or private way, body of water, or municipal boundary).
In granting a stormwater permit, the Board may impose, in its sole discretion, reasonable conditions in order to protect the environment, the MS4, abutting properties and any public and private ways and other infrastructure.
Perquisites for approval. A stormwater permit shall be granted if, but only if, the applicant demonstrates that any stormwater runoff that would occur as a result of the proposed land disturbance activity (either during or after the completion of the same) either:
Third-party consultant. In reviewing an application for a stormwater permit, either or both the Director and the Board may seek the assistance of a third-party consultant. The cost of any such consultant shall be paid by the applicant, and the imposition and administration of said fee shall be governed by the provisions of Massachusetts General Laws, Chapter 44, Section 53G.
All granted stormwater permits are subject to the following standard limitations:
Stormwater runoff standards. Land disturbance activities that are subject to this Chapter shall adhere to such stormwater runoff standards as the Board may promulgate from time to time through its regulations; provided, that the Board shall ensure that such standards are promulgated both for runoff associated with ongoing land disturbance activities and for ongoing runoff associated with completed land disturbance activities; further provided, that the standards of the Stormwater Handbook shall be the default stormwater runoff standards, in the absence of any other standards being promulgated by the Board; further provided, that the more stringent or restrictive stormwater runoff standard, whether as found in the Stormwater Handbook, or as promulgated by the Board, must be followed in all instances. All such standards shall be incorporated by reference into each granted stormwater permit.
Surety. In order to receive a granted stormwater permit, the applicant must first post a performance bond or other surety in an amount that is sufficient to ensure the completion of all stormwater management infrastructure obligations under the stormwater permit. The calculation of said amount for any given stormwater permit shall be governed by the regulations of the Board. The Director shall release this surety upon the receipt of an as-built plan demonstrating that all required stormwater management infrastructure has been completed in accordance with the stormwater permit.
Adherence to stormwater permit. All land disturbance activities shall be undertaken only in accordance with all plans that were approved, and all conditions, if any, that were imposed, as part of the grant of the stormwater permit; provided, that nothing herein shall prevent the maintenance and repair of any approved stormwater management systems.
Limited authority of Director to amend. The Director may not approve any amendment to a stormwater permit that was granted by the Board.
The issuance of a stormwater permit for land disturbance activities shall not substitute for, or satisfy or preempt the need for, any other permit, license, approval or authorization that must be obtained for such activities pursuant to any other local, state or federal statute, regulation, code or bylaw.
The provisions of this Chapter shall be enforced by any officer or employee of the Department of Public Works, and may be enforced by any agent of the Conservation Commission, any agent of the Board of Health, any officer or employee of the Building Department, any agent of the Planning Board, and any agent of the Soil Conservation Board.
Inspections. The Director and any other officer or employee of the Department of Public Works may inspect the parcel at any time after issuance of a stormwater permit, and without advance notice, in order to ensure compliance with the same. Acceptance of a stormwater permit concurrently shall constitute acceptance of this inspection authority. Nothing herein shall be construed as preempting or limiting the authority of any Town employee, agent or official to conduct inspections pursuant to any other local, state or federal statute, regulation or bylaw.
Penalties. A fine of $300 shall be imposed for each violation of the provisions of this Chapter, or of any term, condition or incorporated plan of any stormwater permit that is granted pursuant to the same, which fine shall be enforced through the noncriminal method of disposition as provided by Massachusetts General Laws, Chapter 40, Section 21D. Each day of a continuing violation shall be considered a separate violation.
The provisions of this Chapter are severable. If any court of competent jurisdiction determines that any provision is in violation of the laws, constitutions or regulations of the Commonwealth of Massachusetts or the United States of America, the remaining provisions shall not be affected thereby and shall continue in full force and effect.