[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.
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.
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.
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.
A.
Parcel criteria. A parcel of land shall be subject to the requirements of § 313-4 if it meets any of the following criteria:
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(1)
It is at least 5,000 square feet;
(2)
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
(3)
It
is part of any plan that was approved or endorsed, and thereafter
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.
B.
Exempt activities. This Chapter shall not apply to the following
land disturbance activities:
(1)
Any environmental remediation that is required by, and conducted
in accordance with, the provisions of 310 CMR 40.00 or any successor
regulation thereto;
(2)
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,
but excluding the regrading of such land or the creation of new agricultural
land;
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(3)
Maintenance of existing gardens and landscaping;
(4)
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, provided that said Board has consulted with the Director in order to ensure full compliance both with the stormwater runoff standards as described in § 313-5A and with the common, comprehensive stormwater system requirements of § 313-3C;
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(5)
Any activity that is authorized by a recorded order of conditions or other decision 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, provided that said Commission has consulted with the Director in order to ensure full compliance both with the stormwater runoff standards as described in § 313-5A and with the common, comprehensive stormwater system requirements of § 313-3C;
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(6)
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, provided that said Board has consulted with the Director in order to ensure full compliance both with the stormwater runoff standards as described in § 313-5A and with the common, comprehensive stormwater system requirements of § 313-3C;
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(7)
Any activity that is authorized by a recorded definitive subdivision plan that has been approved by the Planning Board pursuant to Massachusetts General Laws, Chapter 41, Sections 81K through 81GG, provided that said Board has consulted with the Director in order to ensure full compliance both with the stormwater runoff standards as described in § 313-5A and with the common, comprehensive stormwater system requirements of § 313-3C;
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(8)
Any activity that is undertaken in accordance with a special permit that is granted under the Zoning Bylaw, provided that the relevant Special Permit Granting Authority has consulted with the Director in order to ensure full compliance both with the stormwater runoff standards as described in § 313-5A and with the common, comprehensive stormwater system requirements of § 313-3C; and
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(9)
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.
C.
Multi-parcel activity. Whenever this Chapter applies to contiguous commonly owned parcels as described in § 313-3A(2), or to any plan as described in § 313-3A(3), then the common owner of all such contiguous parcels, or of all parcels as shown on said plan, must submit a single application under § 313-4B for all such parcels, which application shall provide for a common, comprehensive stormwater system for all such parcels.
[Added 6-7-2022 ATM by Art. 18, approved 8-30-2022]
(1)
No
individual parcel may be conveyed by said common owner until such
time as a single stormwater permit has been issued for all such parcels
(2)
For
residential developments, no individual parcel may be conveyed by
said common owner until a homeowners’ association has been established
through recorded instrument in the chain of title of all such parcels,
which homeowners’ association shall have responsibility, including
financial responsibility, for the maintenance, repair and replacement
of the common, comprehensive stormwater system. The Board may establish
regulations detailing the specific provisions that must be found in
the recorded homeowners’ association documents relative to the
stormwater system. Failure by the homeowners’ association to
maintain, repair and replace the common, comprehensive stormwater
system shall be a violation of this Chapter, for which both the homeowners’
association and each individual parcel owner who is a member thereof
shall be responsible.
(3)
For
nonresidential developments, whenever an individual parcel is conveyed,
the deed must create an easement, running with the land, allowing
one of the parcels to have the ability to maintain, repair and replace
the common, comprehensive stormwater system. The Board may establish
regulations detailing the specific provisions that must be found in
the easement relative to the stormwater system. Failure by the owner
of the parcel benefiting from this easement to maintain, repair and
replace the common, comprehensive stormwater system shall be a violation
of this Chapter.
(4)
Subsequent to the conveyance of any individual parcels to separate owners, all parcel owners of any portion of the originally permitted land must jointly apply for any amendment to the stormwater permit. In the event that an individual parcel is conveyed in violation of § 313-3C(1) through (3), then all parcel owners of any portion of the land that was subject to § 313-3C nonetheless must jointly apply for a stormwater permit for a common, comprehensive stormwater system before any land disturbance activities may take place on any of said parcels.
(5)
In the Director’s sole discretion, the Director may determine that the nature of the multi-parcel development does not require a common, comprehensive stormwater system, and therefore that separate stormwater permits may be sought for individual parcels, and individual parcels may be conveyed prior to the receipt of any stormwater permit. In such instances, the Director shall issue a written decision stating that the requirements of § 313-3C do not apply.
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.
A.
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.
B.
Application submission; application form; rejection without prejudice.
(1)
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.
(2)
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.
(3)
Applications that are incomplete, or that are submitted to the wrong
reviewing authority, shall be rejected without prejudice.
C.
Review by Director of Public Works; delegation of review; appeal.
(1)
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.
(2)
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.
(3)
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.
D.
Review by the Board of Public Works; hearing notice; imposition of
conditions.
(1)
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.
(2)
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).
(3)
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.
E.
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:
F.
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.
G.
Waivers. Both the Director and the Board, in their respective sole discretions, may grant waivers to the stormwater runoff standards as provided in § 313-5A, but only so long as the application can establish that the waiver would neither derogate from the protection of the MS4, nor negatively impact the public resources or infrastructure of the Town, in the particular instance.
[Added 6-7-2022 ATM by Art. 18, approved 8-30-2022]
H.
Recordation. A stormwater permit shall be recorded in the chain of title of all parcels to which it applies. Such recordation shall occur before any land disturbance activities are undertaken, and in the case of stormwater permits as discussed in § 313-3C, such recordation shall occur before the conveyance of any individual parcel.
[Added 6-7-2022 ATM by Art. 18, approved 8-30-2022]
All granted stormwater permits are subject to the following
standard limitations:
A.
Stormwater runoff standards. Except as otherwise allowed by § 313-4G, 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; further provided, that nothing shall preclude the Board from creating different stormwater runoff standards for different sizes of parcels and for different parcel uses. All such applicable standards shall be incorporated by reference into each granted stormwater permit.
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
B.
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.
C.
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.
D.
Limited authority of Director to amend. The Director may not approve any amendment to a stormwater permit that was granted by the Board. The Director may not grant a waiver under § 313-4G to a stormwater runoff standard that the Board has required to be applied with respect to a stormwater permit.
[Amended 6-7-2022 ATM by Art. 18, approved 8-30-2022]
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.
A.
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.
B.
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.
C.
Judicial relief. The Board shall have the authority, and may delegate to the Director the authority, to seek declaratory, injunctive and other equitable relief in the Superior Court to enforce the requirements of this Chapter 313 and the terms and conditions of any stormwater permit that is issued pursuant thereto.
[Added 6-7-2022 ATM by Art. 18, approved 8-30-2022]
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.
