Regulation of activities that result in the disturbance of land
and the creation of stormwater runoff is necessary for the protection
of the Town of Southborough to safeguard the health, safety, and welfare
of the general public and protect the natural resources of the Town.
The purpose of this bylaw is to prevent or diminish these impacts
by controlling runoff and preventing soil erosion and sedimentation
resulting from site construction and development. This bylaw is adopted
under authority granted by the Home Rule Amendment of the Massachusetts
Constitution, the Home Rule statutes, and pursuant to the bylaws of
the federal Clean Water Act found at 40 CFR 122.34. Nothing in this
bylaw is intended to replace the requirements of either the Town of
Southborough Wetlands Protection Bylaw, or any other bylaw that has been or may be adopted by
the Town of Southborough. Any activity subject to the provisions of
the above-cited bylaws must comply with the specifications of each
applicable bylaw. The objectives of this bylaw are to:
A. Establish decision-making processes surrounding land development
activities that protect the integrity of the watershed and preserve
the health of wetland and water resources;
B. Require that new development, redevelopment and all land conversion
activities maintain the after-development runoff characteristics as
equal to or less than the pre-development runoff characteristics to
provide recharge and to reduce flooding, stream bank erosion, siltation,
nonpoint source pollution, property damage, and to maintain the integrity
of stream channels and aquatic habitats;
C. Establish minimum construction/alteration and post-development stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality and for the protection of
properties and aquatic resources downstream from land development
and land conversion activities from damages due to increases in volume,
velocity, frequency, duration, and peak flow rate of stormwater runoff;
D. Establish design criteria for measures to minimize nonpoint source
pollution from stormwater runoff which would otherwise degrade water
quality;
E. Establish design and application criteria for the construction and
use of structural stormwater control facilities that can be used to
meet the minimum construction/alteration and post-development stormwater
management standards and to encourage the use of nonstructural stormwater
management, stormwater site design practices or "low-impact development
practices," such as reducing impervious cover and the preservation
of open space and other natural areas, to the maximum extent practicable;
F. 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;
G. Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection and long-term
maintenance of stormwater facilities implemented as part of this bylaw;
and
H. Establish administrative procedures and fees for the submission,
review, approval, or disapproval of stormwater management plans, and
for the inspection of approved active projects, and long-term follow
up.
AGRICULTURE
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00).
ALTER
Any activity that changes the water quality, or the force,
quantity, direction, timing or location of runoff flowing from the
area and will measurably change the ability of a ground surface area
to absorb water. 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. Alter may be similarly
represented as "alteration of drainage characteristics," and "conducting
land disturbance activities."
APPLICANT
Any "person" as defined below requesting a stormwater and
erosion control permit for proposed land-disturbance activity.
AUTHORIZED ENFORCEMENT AGENCY
The Conservation Commission (hereinafter "the Commission")
and its employees or agents or other employee of the Town of Southborough
shall be in charge of enforcing the requirements of this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
Structural, nonstructural, vegetative and managerial techniques
that are recognized to be the most effective and practical means to
reduce erosion and sediment, prevent or reduce increases in stormwater
volumes and flows, reduce point source and nonpoint source pollution,
and promote stormwater quality and protection of the environment.
"Structural" BMPs are devices that are engineered and constructed
to provide temporary storage and treatment of stormwater runoff. "Nonstructural"
BMPs use natural measures to reduce pollution levels, do not require
extensive construction efforts, and/or promote pollutant reduction
by eliminating the pollutant source.
BETTER SITE DESIGN
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural stormwater
management practices. Better site design includes conserving and protecting
natural areas and green space, reducing impervious cover, and using
natural features for stormwater management.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or construction site materials
that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
DISTURBED AREA
An area, man-made or natural, where the existing condition
has been or is proposed to be altered.
ENVIRONMENTAL SITE MONITOR
A professional engineer, or other trained professional selected
by the Commission and retained by the holder of a stormwater and erosion
control permit to periodically inspect the work and report to the
Commission.
EROSION
A condition in which the earth's surface, including
soil or rock fragment, is detached and moved away by the action of
water, wind, ice, gravity or other natural means.
GENERAL STORMWATER MANAGEMENT PERMIT (GSMP)
A permit issued for an application that meets a set of predetermined
standards outlined in the regulations to be adopted by the Commission
under this bylaw. By meeting these predetermined standards, the proposed
project will be presumed to meet the requirements and intent of this
bylaw.
HOTSPOT
Land uses or activities with higher potential pollutant loadings,
such as auto salvage yards, auto fueling facilities, fleet storage
yards, commercial parking lots with high intensity use, road salt
storage areas, commercial nurseries and landscaping, outdoor storage
and loading areas of hazardous substances, or marinas.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and Massachusetts Clean
Waters Act, MGL c. 21, §§ 23 through 56. The policy addresses stormwater impacts through implementation
of performance standards to reduce or prevent pollutants from reaching
water bodies and control the quantity of runoff from a site.
NEW DEVELOPMENT
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
PERSON
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Southborough, and any other legal entity, its legal representatives,
agents, or assigns.
POST-DEVELOPMENT
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. Post-development refers to the phase of a new
development or redevelopment project after completion and does not
refer to the construction phase of a project.
PRE-DEVELOPMENT
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Conservation
Commission. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish pre-development
conditions.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration, or improvement exceeding land
disturbance of 5,000 square feet, where the existing land use is commercial,
industrial, institutional, or multifamily residential.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Solid material, whether mineral or organic, that is in suspension,
is transported or has been moved from its site of origin by erosion.
SEDIMENTATION
A process of depositing material that has been suspended
and transported in water.
SLOPE
The vertical rise divided by the horizontal distance and
expressed as a fraction or percentage.
STORMWATER MANAGEMENT HANDBOOK
Stormwater Management Handbook, Volume One and Volume Two,
prepared by the Mass. Department of Environmental Protection and the
Mass. Office of Coastal Zone Management dated March 1997, as the same
may be from time to time revised.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Conservation Commission, after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
deleterious effects of uncontrolled and untreated stormwater runoff.
This bylaw shall be applicable to all new development and redevelopment, including, but not limited to, site plan applications, subdivision applications, grading applications, land use conversion applications, any activity that will result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land, or any activity that will alter the drainage characteristics of a parcel of land, unless exempt pursuant to §
154-4 of this bylaw. After April 10, 2006, the Commission shall not approve any application for development or redevelopment if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified to avoid compliance. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw. A stormwater and erosion control permit shall be required from the Commission for the following:
A. Any activity subject to major site plan review (§
174-10) except when no land disturbance is commencing;
B. Any activity that will result in land disturbance of one acre or
more;
C. Any residential development or redevelopment proposed pursuant to
the Subdivision Control Law, MGL c. 41, §§ 81K to 81GG,
inclusive, or proposed under a special permit process pursuant to
MGL c. 40A, § 9;
D. Any activity that will increase the amount of impervious surfaces
more than 50% of the area of a parcel or lot when the lot size is
greater than one acre; and
E. Any activity that will disturb land with 15% or greater slope and
where the land disturbance is greater than or equal to 15,000 square
feet within the sloped area.
F. Any residential development or redevelopment that is part of a common
plan of development or sale which will disturb one acre, 43,560 square
feet, or more of land. The Commission requires an application if the
land, or parcels of land, were or are in common ownership and were
subdivided or otherwise modified to avoid compliance.
G. The maintenance, reconstruction or resurfacing of any public way;
and the installation of drainage structures or utilities within or
associated with public ways when the width of the road is expanded
three feet or greater for 100 feet or more.
H. Any land disturbance that will result in soil disturbance of 1/2
acre, 21,780 square feet up to, but not including, one acre, 43,560
square feet, shall be required to follow the procedure outlined within
the currently approved Stormwater Policy for Minor Projects enforced
by the Conservation Agent and shall at a minimum require: Notify the
Conservation Commission, in writing, of the date and nature (including
a sketch) of the proposed project at least seven calendar days'
prior to the commencement of land disturbing activities.
(1) Implement measures, such as erosion control barriers, to prevent
the off-site discharge of sediment at the direction of the Conservation
Commission or their agent.
(2) Construction materials shall be managed to not pollute stormwater.
(3) Containers and materials shall be stored and disposed of properly.
(4) Sediment and stormwater shall not be allowed to be directed or impact
abutting properties or roadways.
(5) The Conservation Commission reserves the right to request additional
measures at the discretion of the Commission if sedimentation and
erosion controls become problematic at a site.
The following activities are exempt from the requirements of
this bylaw:
A. Normal maintenance of Town-owned public land, ways and appurtenances;
B. Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04 and
MGL c. 40A,§ 3;
C. Repair or replacement of septic systems when approved by the Board
of Health for the protection of public health;
D. Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling, provided such maintenance
does not include the addition of more than 400 cubic yards of soil
material, or alteration of drainage patterns;
E. The construction of fencing that will not alter existing terrain
or drainage patterns;
F. Construction and associated grading of a way that has been approved
by the Planning Board except those in conjunction with any residential
development or redevelopment as described in Section 3.3;
G. The maintenance, reconstruction or resurfacing of any public way;
and the installation of drainage structures or utilities within or
associated with public ways that do not meet the applicability in
Section 3.7 that have been approved by the appropriate authorities,
provided that written notice be filed with the Conservation Commission
14 days' prior to commencement of activity;
H. The removal of earth products undertaken in connection with an agricultural
use if the removal is necessary for or directly related to planting,
cultivating or harvesting or the raising or care of animals; or
I. Activity in accordance with the terms of an existing order of conditions or determination of applicability issued by the Commission pursuant to MGL c. 131, § 40, or the Southborough Wetlands Protection Bylaw, Chapter
170 of the Code of the Town of Southborough, prior to the effective date of this bylaw.
The Commission shall establish fees to cover expenses incurred
by the Town in reviewing the application and monitoring permit compliance.
The Commission is authorized to retain and charge the applicant fees
to cover the cost of hiring a registered professional engineer or
other professional consultant to advise the Commission on any or all
aspects of the project. The applicant for a stormwater and erosion
control permit may be required to establish and maintain an escrow
account to cover the costs of said consultants. Applicants shall pay
review fees to the Commission before the review process may begin.
The Commission may require a cash performance guaranty to ensure
compliance with these requirements and for the long-term operation
and maintenance of all permanent erosion control and stormwater management
measures. The form of the bond shall be approved by the Commission
upon the recommendation of Town Counsel and the Town Treasurer, as
appropriate. With the approval of the Commission upon the recommendation
of Town Counsel and the Town Treasurer, as appropriate, the applicant
may substitute an irrevocable letter of credit or performance bond
in lieu of the cash performance guaranty. Any performance bond or
letter of credit shall be executed and maintained by a financial institution,
surety, or guaranty company qualified to do business in the Commonwealth
of Massachusetts.
The Commission or its authorized agent and the Town of Southborough
shall have the power and duty to enforce this bylaw, its regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for such violations.
A. Penalties. Any person who violates any provision of this bylaw, regulation,
or permit issued hereunder, shall be subject to fines, civil action,
criminal prosecution, and tax liens, as appropriate and as lawfully
established by the Town of Southborough.
B. Tax liens. The Town of Southborough shall require the repayment of
services provided to the responsible party that the responsible party
was obligated to perform as set forth in the operation and maintenance
plan. If repayment is not made within 30 days, the Town may impose
a tax lien on the property of the responsible party or parties.
C. Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case the
Conservation Administrator, Conservation Agent or other authorized
agent of the Town shall be the enforcing person.
Any determination that a particular provision or set of provisions
in this bylaw is invalid or unenforceable shall not render ineffective,
unenforceable, or inapplicable the remainder of this bylaw.