[HISTORY: Adopted by the Town Meeting of the Town of Abington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2020 ATM by Art. 15]
A.
The purpose
of this Bylaw is to establish minimum stormwater management requirements
and procedures in order to minimize damage to public and private property
and infrastructure; safeguard the public health, safety, environment
and general welfare; protect aquatic resources and wildlife habitat;
protect the quality and health of water resources; conserve groundwater
supplies; and, foster climate change resiliency.
B.
This Bylaw seeks to meet that purpose through the following objectives:
(1)
Establish the Town of Abington as the legal authority to ensure compliance
with the provisions of this Bylaw and its accompanying Rules and Regulations
through a review process, inspections, monitoring, and enforcement;
(2)
Establish administrative procedures for: the submission, review,
and approval or disapproval of Stormwater Management Permits; the
inspection of approved active projects; and post-construction monitoring;
(3)
Establish decision-making processes surrounding new development and
redevelopment that protect watershed integrity and preserve and/or
restore the health of local water resources such as lakes, ponds,
streams, rivers, wetlands, and groundwater; and
(4)
Ensure compliance with requirements of the United States Environmental
Protection Agency (EPA) National Pollutant Discharge Elimination System
(NPDES) General Permit for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems (MS4) and other applicable state and
federal mandates.
For the purposes of this Bylaw, the following shall mean:
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act, M.G.L. c. 131, § 40, and its implementing regulations.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a soil erosion and sediment
control permit for proposed land-disturbance activity.
An activity, procedure, restraint, or structural improvement
that helps reduce the quantity or improve the quality of stormwater
runoff.
Document issued by the Stormwater Permitting Authority upon
receipt of a final inspection report and acknowledgement that all
conditions of the Stormwater Management Permit have been satisfactorily
completed.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
A written order issued by the Stormwater Permitting Authority
to enforce the provisions of this Bylaw.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Abington,
MA.
A permit issued by the EPA or jointly with the Commonwealth
of Massachusetts that authorizes the discharge of stormwater to waters
of the United States.
Any construction, land alteration, or addition of impervious
surfaces on previously undeveloped sites resulting in a total disturbance
of land equal to or greater than one acre (or activities that are
part of a larger common plan of development disturbing greater than
one acre) that does not meet the definition of redevelopment.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
A registered Professional Engineer within the Commonwealth
of Massachusetts in good standing.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites. Any construction, land alteration,
or improvement of impervious surfaces resulting in total disturbance
of land equal to or greater than one acre (or activities that are
part of a larger common plan of redevelopment disturbing greater than
one acre) that does not meet the definition of New Development.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
The written approval granted by the Stormwater Permitting
Authority to undertake a construction activity pursuant to a Stormwater
Management Permit Application. A valid Stormwater Management Permit
must be signed by the Stormwater Permitting Authority participating
at a duly noted public hearing, and such permit must be recorded at
the Plymouth Registry of Deeds, prior to the start of any work.
Organization designated by the Board of Selectmen as responsible
for enforcing this Bylaw.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
Areas specified in the Massachusetts Wetlands Protection
Act Regulations, 310 CMR 10.00, as amended, and in the Town of Abington
Wetland Bylaw, as amended.[1]
No person may undertake a construction activity, including clearing,
grading, or excavation that results in a land disturbance to an area
equal to or greater than one acre of land or will disturb less than
one acre of land but is part of a larger common plan of development
or sale that will ultimately disturb an area equal to or greater than
one acre of land within the Town of Abington without first obtaining
a Stormwater Management Permit issued by the Stormwater Permitting
Authority (SWPA).
This Bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
G.L. c. 83, §§ 1, 10, and 16, as amended by St. 2004,
c. 149, §§ 135-140, and pursuant to the Regulations
of the federal Clean Water Act found at 40 CFR 122.34.
A.
The Board of Selectmen shall be the appointing authority for the
SWPA. The SWPA is responsible for the administration, implementation,
and enforcement of this Bylaw. The SWPA shall consist of five members,
whom shall permanently be the Director of Public Works, the Planning
Board Chairman, the Conservation Commission Chairman, the Health Agent,
and the Building Commissioner. The SWPA shall administer, implement,
and enforce this Bylaw. Any powers granted to or duties imposed upon
the SWPA may be delegated, in writing, by the SWPA to any Town employee,
board, or agent.
B.
The SWPA shall take any of the following actions as a result of an
application for a Stormwater Management Permit as specifically defined
within the Stormwater Management Rules and Regulations promulgated
as a result of this Bylaw: Approval, Approval with Conditions, or
Disapproval.
The Planning Board may adopt, and periodically amend, the Stormwater
Management Rules and Regulations relating to the terms, conditions,
definitions, enforcement, fees (including application, inspection,
and/or consultant fees), procedures and administration of this Bylaw
by majority vote of the Planning Board, after conducting one advertised
public hearing to receive comments on any proposed revisions. The
hearings shall be duly advertised in a paper of general circulation
in the Town of Abington no less than 14 days prior to the date of
the public hearing. Failure by the Planning Board 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.
At the applicant's expense, the SWPA may retain independent
consultants as needed to review applications for Stormwater Management
Permit and to advise the Board on any and all aspects of a specific
project. Independent consultants may include but are not limited to
registered professional engineers and environmental site monitors.
A.
The following activities are exempt from requirements under this
Bylaw:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04, as
amended;
(2)
Maintenance of existing landscaping, gardens, or lawn areas associated
with a single-family dwelling;
(3)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(4)
Normal maintenance and improvements of the Town of Abington publicly
owned roadways and associated drainage infrastructure;
(5)
Construction or maintenance and repair of utility service lines (gas,
water, electric, telephone, fire alarms, etc.) other than drainage
lines or systems, which will not alter terrain, ground cover, or drainage
patterns;
(6)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by a Town department or board.
(7)
Repair or upgrade of septic systems when required by the Board of
Health for the protection of public health;
(8)
Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this Bylaw;
(9)
Projects that are wholly subject to jurisdiction under the Wetlands
Protection Act and/or the Abington Wetlands Protection Bylaw and demonstrate
compliance with the Massachusetts Stormwater Management Policy as
reflected in an Order of Conditions issued by the Conservation Commission.
A notice of such approval and conditions and a complete copy of the
approved stormwater plan and provisions shall be filed with the SWPA
before construction begins; and
(10)
Any construction activity or project requiring approval under
the Subdivision Rules and Regulations where the Planning Board has
approved a Definitive Subdivision Application and any construction
activity requiring site plan review and/or a special permit, provided
that the plans include stormwater management provisions and that the
activity is in compliance with any additional performance standards
contained in the regulations promulgated to implement this Bylaw.
A notice of such approval and conditions shall be filed with the SWPA
before construction begins.
A.
The Planning Board or SWPA shall enforce this Bylaw, regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for such violations.
B.
Civil relief. If a person violates the provisions of this Bylaw,
permit, notices, or order issued thereunder, the Planning Board or
SWPA may seek injunctive relief in a court of competent jurisdiction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
C.
Orders. The Planning Board or SWPA may issue a written order to enforce
the provisions of this Bylaw, which may include requirements to:
(1)
Cease and desist from construction or land disturbing activity until
there is compliance with this Bylaw and the Stormwater Management
Permit;
(2)
Repair, maintain, or replace the stormwater management system or
portions thereof in accordance with the operation and maintenance
plan;
(3)
Maintain, install, or perform additional erosion and sediment control
measures;
(4)
Perform monitoring, analyses, and reporting;
(5)
Remediate adverse impact resulting directly or indirectly from malfunction
of the stormwater management system or erosion and sediment control
system;
(6)
Cease and desist from unlawful discharges, practices, or operations;
and/or
(7)
Remediate contamination in connection therewith.
D.
If the Planning Board or SWPA determines that abatement or remediation
of adverse impacts is required, the Enforcement Order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town of Abington may, at its option, undertake such work, and
the property owner shall reimburse the Town's expense.
E.
Within 30 days after completing all measures necessary to abate the violation, the violator and the property owner shall be notified of the costs incurred by the Town of Abington, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Planning Board or SWPA within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Planning Board or SWPA affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the 31st day at which the costs first become due.
F.
Criminal Penalty. Any person who violates any provision of this Bylaw,
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 offense.
G.
Noncriminal Disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in G.L. Ch. 40, section 21D, in which case the Planning Board or SWPA shall be the Authorized Enforcing Agent. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
H.
Entry to Perform Duties under this Bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the SWPA or its Reviewing Agent, officers, and employees
may enter upon privately owned property for the purpose of performing
their duties under this Bylaw and regulations and may make or cause
to be made such examinations, surveys, or sampling as the SWPA deems
reasonably necessary.
I.
Appeals. A decision of the SWPA shall be final. Further relief of
a decision by the SWPA made under this Bylaw shall be appealed to
the Superior Court in an action filed within 60 days thereof, in accordance
with M.G.L. Ch 249 § 4.
J.
Remedies Not Exclusive. The remedies listed in this Bylaw are not
exclusive of any other remedies available under any applicable federal,
state, or local law.
A.
The SWPA may waive strict compliance with any requirement of this
Bylaw promulgated hereunder, where:
B.
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of this Bylaw does not further the purposes or objectives of this
Bylaw. The SWPA may require documentation to be submitted and stamped
by a qualified P.E. registered in Massachusetts or a Certified Professional
in Erosion and Sediment Control (CPESC).
The SWPA may require the permittee to post before the start
of land disturbance or construction activity, a surety bond, irrevocable
letter of credit, cash, or other acceptable security. The form of
the bond shall be approved by Town counsel and be in an amount deemed
sufficient by the SWPA to ensure that the work will be completed in
accordance with the permit. If the project is phased, the SWPA may
release part of the bond as each phase is completed in compliance
with the Stormwater Management Permit but the bond may not be fully
released until the SWPA has received the final inspection report as
required by the Stormwater Management Rules and Regulations and issued
a Certificate of Completion.
If any provision, paragraph, sentence, or clause of this Bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
