[HISTORY: Adopted by the Town Meeting of
the Town of Boxford 5-9-2006 ATM, Art. 31. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 192.
Zoning — See Ch. 196.
Subsurface sanitary systems — See Ch. 201.
Earth removal and earth filling projects — See Ch. 205.
Stormwater management regulations — See Ch. 295.
Subdivision of land — See Ch. 300.
Wetlands protection regulations — See Ch. 375.
It is hereby determined that:
A.
Construction site stormwater runoff and post-construction
stormwater discharges may permanently alter the hydrologic response
of local watersheds and increase stormwater runoff rates and volumes,
which in turn may increase flooding, stream channel erosion, non-point
source pollution, and sediment transport and deposition, and decrease
groundwater recharge;
B.
Construction site stormwater runoff and post-construction
stormwater discharges, as well as illicit discharges, can adversely
affect public safety, public and private property, surface water,
groundwater resources, drinking water supplies, recreation, aquatic
habitats, fish and other aquatic life, property values and other uses
of land and water;
[Amended 5-14-2019 ATM,
Art. 22]
C.
It is in the public interest to regulate construction
site stormwater runoff and post-construction stormwater discharges
in order to minimize the impacts identified above.
A.
The purpose of this bylaw is to protect, maintain
and enhance the public health, safety, environment and general welfare
by establishing minimum requirements and procedures to control the
adverse effects of construction site stormwater runoff and post-construction
stormwater discharges, as well as illicit discharges. This bylaw seeks
to meet these purposes through the following objectives:
[Amended 5-14-2019 ATM,
Art. 22]
(1)
Establish decision-making processes surrounding construction
site activities that protect the integrity of the watershed and preserve
the health of water resources;
(2)
Require that construction site activities maintain
the post-construction runoff characteristics as equal to or less than
the pre-construction runoff characteristics;
(3)
Establish minimum construction site and post-construction
stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality;
(4)
Encourage the use of nonstructural stormwater management
practices or "low-impact development practices";
(5)
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;
(6)
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,
(7)
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.
(8)
Establish
a prohibition on illicit discharges and a mechanism and authority
to remove any illicit discharges that may be discovered.
B.
Nothing in this bylaw is intended to replace the requirements
of the Town of Boxford Wetlands Protection Bylaw or any other bylaw
that may be adopted by the Town of Boxford, or any state or federal
requirement, law, regulation, or policy. Any activity subject to the
provisions of this bylaw must comply with any other applicable Town,
state or federal requirement.
The following definitions shall apply in the
interpretation and implementation of this bylaw. Additional definitions
may be adopted by separate regulation.
Means the owner of any property any portion of which lies
within 250 feet radially from any lot line of the subject property
including owners of land directly opposite on any public or private
street or way including any in another municipality or across a body
of water. In the case of property that has frontage on a pond, abutters
shall include all those properties with frontage on the pond or pond
association if in existence.
[Added 10-23-2007 STM, Art. 17; amended 10-22-2011 STM, Art. 12]
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Examples include but are not limited to earthmoving,
paving, and modification of existing vegetation.
Any site where activity is proposed or occurs that involves
the alteration of an area of one acre (43,560 square feet) or more
during or post-construction, or that will alter less than one acre
of land but is part of a larger, common plan of development or sale
that will ultimately disturb one acre or more of land. A project with
a "limit of disturbance" shown on a plan encompassing an acre or more
is a construction site.
Land uses or activities, without regard to square footage,
that have the potential for high stormwater runoff pollutant loadings,
including but not limited to auto fueling facilities, fleet storage
yards, municipal and commercial parking lots, road salt storage areas
and designated snow disposal areas, long-term staging areas for construction
or landscaping operations, and commercial outdoor maintenance, storage
or loading areas.
Means any discharge to an MS4 that is not composed entirely
of stormwater, except discharges pursuant to an NPDES permit, discharges
resulting from fire-fighting activities, and discharges allowed pursuant
to Section 1.4. of the Massachusetts MS4 General Permit effective
July 1, 2018.
[Added 5-14-2019 ATM,
Art. 22]
Means a vote by a majority of the Commission for all actions taken under § 160-5 of the Stormwater Management Bylaw (Administration) and issuance of enforcement orders, and a vote by a majority of a quorum of the Commission for all other matters under the bylaw or under these Regulations.
[Added 10-23-2007 STM, Art. 17]
The Standards 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 GL c. 131 § 40 and Massachusetts Clean Waters
Act GL c. 21, §§ 23-56, to prevent or reduce pollutants
from reaching water bodies and control the quantity of runoff from
a site.
[Amended 9-12-2020 ATM, Art. 13]
Municipal separate storm sewer system means a conveyance
or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-made channels,
or storm drains) that are: (i) owned or operated by a state, city,
town, borough, county, parish, district, association, or other public
body (created by or pursuant to state law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under state law such as a sewer district,
flood control district or drainage district, or similar entity, or
an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the
Federal Clean Water Act that discharges to waters of the United States;
(ii) designed or used for collecting or conveying stormwater; (iii)
which is not a combined sewer; and (iv) which is not part of a publicly
owned treatment works (POTW) as defined at 40 CFR 122.2.
[Added 10-23-2007 STM, Art. 17]
The area within Boxford identified by the U.S. Environmental
Protection Agency as "Designated MS4 Area" under the National Pollutant
Discharge Elimination System (NPDES) Phase II Stormwater Program.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to the regulations of the federal
Clean Water Act found at 40 CFR 122.34, and as authorized by the residents
of the Town of Boxford at Town Meeting, dated May 9, 2006.
[Amended 10-23-2007 STM, Art 17]
A.
The Conservation Commission shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Conservation Commission may be delegated in writing by the Conservation
Commission to its employees or agents.
B.
The Conservation Commission may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), application requirements, permit amendment requirements, procedures
and administration of this Stormwater Management Bylaw by majority
vote of the Conservation Commission, after conducting a public hearing
to receive comments on any proposed rules and regulations, or revisions
thereto. Such hearing dates shall be advertised in a newspaper of
general local circulation, at least 14 days prior to the hearing date.
Failure by the Conservation 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.
No work proposed in any Stormwater Management Permit
shall be undertaken until the permit issued by the Commission with
respect to such work has been recorded in the Registry of Deeds or,
if the land affected is registered land, in the registry section of
the Land Court for the district wherein the land lies and until the
holder of the permit certifies in writing to the Commission that the
permit has been recorded.
D.
The Conservation Commission may take any of the following
actions as a result of an application for a Stormwater Management
Permit: Approval, Approval with Conditions, Disapproval, or Disapproval
without Prejudice.
E.
A permit shall expire three years from the date of
issuance. At the Commission’s discretion, any permit may be
renewed twice for an additional one-year period, provided that a request
for a renewal is received in writing by the Commission at least 30
days prior to expiration. Notwithstanding the above, a permit may
contain requirements which shall be enforceable for a stated number
of years, indefinitely or until permanent protection is in place,
and shall apply to all owners of the land.
A.
No person shall perform any activity that alters a
construction site or hotspot except as authorized by the Conservation
Commission in a Stormwater Management Permit or as otherwise provided
in this bylaw.
B.
The following exemptions apply to the alteration of
a construction site or hotspot:
(1)
Alteration, regardless of square footage, all of which
is located outside of the NPDES Phase II Regulated Area and which
does not drain to the Boxford municipal separate storm sewer system
within the NPDES Phase II regulated area;
(2)
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;[2]
(3)
Emergency activities necessary to protect public health
or safety, so long as all necessary emergency permits or emergency
certifications have been or will be obtained; and,
(4)
Any work or projects for which all necessary approvals
and permits have been issued before the effective date of this bylaw.
[1]
Editor's Note: The title of this section was
amended 10-23-2007 STM, Art. 17.
A.
Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder, shall be punished by
a fine of not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate violation.
B.
As an alternative to criminal prosecution or civil action, the Conservation Commission or its agent may issue citations under the noncriminal disposition procedures set forth in MGL c. 40, § 21D, as set forth in Chapter 1 of the General Bylaws of the Town of Boxford. The penalty for the first violation shall be $100, the penalty for the second violation shall be $200, and the penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate violation.
The invalidity of any section, provision, paragraph,
sentence, or clause of this bylaw shall not invalidate any section,
provision, paragraph, sentence, or clause thereof, nor shall it invalidate
any permit or determination that previously has been issued.
