[HISTORY: Adopted by the Town Meeting of
the Town of Southborough 3-25-2023 ATM by Art. 30. Amendments noted where
applicable.]
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,[1] 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.
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).
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."
Any "person" as defined below requesting a stormwater and
erosion control permit for proposed land-disturbance activity.
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.
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.
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.
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.
An area, man-made or natural, where the existing condition
has been or is proposed to be altered.
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.
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.
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.
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.
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.[1] 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.
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.
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.
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.
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.
The replenishment of underground water reserves.
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.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Solid material, whether mineral or organic, that is in suspension,
is transported or has been moved from its site of origin by erosion.
A process of depositing material that has been suspended
and transported in water.
The vertical rise divided by the horizontal distance and
expressed as a fraction or percentage.
The elimination of any erosion.
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.
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.
[1]
Editor's Note: See the Clean Waters Act in MGL c. 21,
§§ 26 through 53.
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;
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[2] 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.
A.
The Conservation Commission shall be the permit granting authority
for the issuance of a stormwater and erosion control permit and shall
administer, implement and enforce this bylaw. Any powers granted to
or duties imposed upon the Commission may be delegated in writing
by the Commission to its employees or agents or other municipal employees
as appropriate. Such permit applications shall be submitted, considered,
and issued only in accordance with the provisions of this bylaw and
the regulations adopted pursuant to this bylaw.
B.
Stormwater regulations. The Commission shall adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
and Erosion Control Bylaw. Failure by the Commission to promulgate
such rules and regulations or a legal declaration of their invalidity
by a court shall not act to suspend or invalidate the effect of this
bylaw.
C.
Right of entry. Filing an application for a stormwater and erosion
control permit grants the Commission, or its agent, permission to
enter the site to verify the information in the application and to
inspect for compliance with permit conditions.
D.
Stormwater management manual. The Commission will utilize the policy,
criteria and information, including specifications and standards of
the latest edition of the Massachusetts Stormwater Management Policy,
for execution of the provisions of this bylaw. This policy includes
a list of acceptable stormwater treatment practices, including the
specific design criteria for each stormwater practice. The policy
may be updated and expanded periodically, based on improvements in
engineering, science, monitoring, and local maintenance experience.
Unless specifically altered in the stormwater regulations, stormwater
management practices that are designed, constructed, and maintained
in accordance with these design and sizing criteria will be presumed
to be protective of Massachusetts's water quality standards.
E.
Application. To obtain approval for a project subject to the provisions
of this bylaw, the applicant shall submit a stormwater management
and erosion control plan and an operation and maintenance plan prepared,
stamped and signed by a professional engineer registered in Massachusetts,
a registered land surveyor, or a Massachusetts licensed soil evaluator,
as appropriate, that complies with the requirements set forth herein
and in the regulations adopted pursuant to this bylaw. The operation
and maintenance plan (O&M plan) shall be designed to ensure compliance
with the permit, this bylaw, and that the Massachusetts surface water
quality standards, 314 CMR 4.00, are met in all seasons and throughout
the life of the system. The O&M plan shall remain on file with
the Commission, the Planning Board, the Department of Public Works
and the Town Engineer and shall be an ongoing requirement. The O&M
plan shall meet the criteria set forth in the regulations adopted
pursuant to this bylaw. The plans shall fully describe the project
in drawings, narrative, and calculations.
(1)
At the time of application, the applicant shall provide in writing
the name and the 24 hours a day and seven days a week contact information
of the person who is responsible for erosion and sediment control
for the site- disturbing activity which is the subject of the application.
Said person shall ensure that the approved activity takes place in
accordance with the application, plan and permit requirements.
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.
A.
The Commission may waive strict compliance with some of the requirements
of this bylaw or the rules and regulations promulgated hereunder,
if it determines that some of the application requirements are unnecessary
because of the size or character of the development project or because
of the natural conditions at the site and where such action:
B.
Any request from an applicant for a waiver of these rules shall be
submitted, in writing, to the Commission at the time of submission
of the application. Such requests shall clearly identify the provisions
of the rule from which relief is sought and be accompanied by a statement
setting forth the reasons why, in the applicant's opinion, the
granting of such a waiver would be in the public interest or the specific
information required to show strict compliance is irrelevant to the
project, and why a waiver would be consistent with the intent and
purpose of this bylaw and the rules and regulations promulgated hereunder.
A.
The Commission shall not approve any application for a stormwater
and erosion control permit unless it finds that BMPs will be employed
to meet the following requirements:
(1)
Compliance with all applicable federal, state and local regulations
and guidelines, including but not limited to the Stormwater Management
Handbook as it may be amended, has been demonstrated;
(2)
Measures shall be employed to minimize adverse impacts on wildlife
habitats and corridors, natural or historic landscape features, and
scenic vistas and views;
(3)
The duration of exposure of disturbed areas due to removal of vegetation,
soil removal, and/or regrading shall be set forth in a written time
table and approved by the Commission;
(4)
There shall be no net increase in the rate of stormwater runoff from
the site;
(5)
There shall be no net increase in the volume of stormwater runoff
across the boundaries of the site unless provisions have been made
to tie into the public storm drains, where available, with the approval
of the appropriate parties or authorities, or the Commission has determined
that all reasonable provisions have been made to minimize any changes
in stormwater runoff at the site;
(6)
There shall be no adverse impacts to abutting properties from any
increase in volume of stormwater runoff, including erosion, silting,
flooding, sedimentation or impacts to wetlands, groundwater levels
or wells;
(7)
Where the site is not proposed to be covered with gravel, hardscape,
or a building or structure, a planting plan to ensure permanent revegetation
of the site has been approved;
(8)
Areas to be planted shall be loamed with not less than six inches
compacted depth of good quality loam and seeded with turf grass seed
or other appropriate ground cover in accordance with good planting
practice;
(9)
Dust control shall be used during grading operations if the grading
is to occur within 500 feet of an occupied residence or place of business,
school, playground, park, cemetery, or place of worship;
(10)
During construction, temporary erosion and sedimentation control
measures will be employed in accordance with the approved plan;
(11)
During construction, any site access from a paved public way
shall be improved with a gravel apron of 15 feet wide and at least
24 feet long to prevent unstable material from being transported onto
the street by vehicle tires or by runoff;
(12)
Until a disturbed area is permanently stabilized, sediment in
runoff water shall be trapped by using a siltation barrier, siltation
fences, and/or sedimentation traps;
(13)
Dust control shall be used during grading operations if the
grading is to occur within 500 feet of the property line of an occupied
residence or place of business. Dust control methods may consist of
grading fine soils on calm days only or dampening the ground with
water;
(14)
Permanent erosion control and vegetative measures shall be in
accordance with the approved plan; and
(15)
Where applicable, homeowner's, facility or condominium
documents shall provide for the long-term operation and maintenance
of all permanent erosion control and stormwater management measures,
including surety.
B.
Based upon the nature of the application the Commission may impose
reasonable requirements or limitations to minimize the impacts, if
any, on abutting properties or uses.
C.
Prior to commencement of any land disturbing activity, the applicant
shall record the permit with the Registry of Deeds or Registry District
of the Land Court, and shall submit to the Commission written proof
of such recording.
D.
At completion of the project, the owner shall submit as-built record
drawings of all structural stormwater controls and treatment best
management practices required for the site. The as-built drawing shall
show deviations from the approved plans, if any, and shall be certified
by a professional engineer registered in Massachusetts.
A.
The Commission shall act on each application for a permit within
90 days of the date of filing with the Commission and the Town Clerk,
unless such application has been withdrawn from consideration.
B.
The Commission may take any of the following actions as a result
of an application for a stormwater management and erosion control
permit as more specifically defined as part of stormwater regulations
promulgated as a result of this bylaw: approval, approval with conditions,
disapproval, or disapproval without prejudice.
D.
Appeals of action by the Commission. A decision of the Commission
shall be final. Relief of a decision by the Commission made under
this bylaw shall be reviewable in the Superior Court in an action
filed within 60 days thereof, in accordance with MGL c. 249, § 4.
Such an appeal shall result in revocation of the written approval,
until such time as the appeal process has been resolved. The remedies
listed in this bylaw are not exclusive of any other remedies available
under any applicable federal, state or local law.
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.
