Town of Groton, MA
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Groton 4-24-2006 by Art. 24.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Chs. 134 and 239.
Flood damage prevention — See Ch. 141.
Forest lands — See Ch. 145.
Wetlands — See Ch. 215.
Zoning — See Ch. 218.
Soil erosion and sediment control — See Ch. 352, Art. I.
Subdivision of land — See Ch. 381, Part 1.
[1]
Editor's Note: This enactment also repealed former Ch. 198, Soil Erosion and Sediment Control, adopted 10-19-1998 ATM, Art. 18, which was amended in its entirety 4-24-2000 ATM, Art. 37, and further amended.

§ 198-1 Purpose and objectives.

A. 
The purpose of this chapter 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 increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of construction sites and post-development stormwater runoff will prevent damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare, protect water and aquatic resources, promote groundwater recharge to protect surface and groundwater drinking supplies, and encourage the appropriate use of the land throughout the Town, including consideration of the recommendations of the Comprehensive Master Plan. This chapter seeks to meet that purpose through the following objectives:
(1) 
Establish decision-making processes surrounding land development activities that protect the integrity of watersheds and preserve the health of water resources;
(2) 
Require that new development, redevelopment and all land conversion activities maintain after-development runoff characteristics that are equal to or less than the pre-development runoff characteristics in order to reduce flooding, stream bank erosion, siltation, nonpoint source pollution, property damage, and to maintain the integrity of stream channels and aquatic habitats;
(3) 
Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; establish minimum design criteria for the protection of properties and aquatic resources downstream from land development and land conversion activities from damage due to increases in volume, velocity, frequency, duration, and peak flow rate of stormwater runoff; establish minimum design criteria for measures to prevent nonpoint source pollution from stormwater runoff which would otherwise degrade water quality;
(4) 
Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum post-development stormwater management standards;
(5) 
Encourage the use of nonstructural stormwater management practices, better site design practices or "low-impact development practices," such as reducing impervious cover and the preservation of greenspace and other natural areas, to the maximum extent practicable; coordinate site design plans, including greenspace, with the Town of Groton's design guidelines;
(6) 
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;
(7) 
Establish provisions to ensure there is an adequate funding mechanism, including financial security or surety, for the proper review, inspection and long-term maintenance of stormwater facilities implemented as part of this chapter;
(8) 
Establish administrative procedures for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active development projects, and long-term follow up; establish certain administrative procedures and fees for the submission, review, approval or disapproval of stormwater plans, and the inspection of approved projects.
B. 
Nothing in this chapter is intended to replace the requirements of any applicable codes of the Town of Groton.

§ 198-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ABUTTER
The owner(s) of land sharing a common property line with the owner of land that is the subject of an application and the owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of land that is the subject of the application as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town.
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) and any agricultural activity which is consistent with an approved soil conservation plan prepared or approved by the United States Department of Agriculture (USDA) Natural Resources Conservation Service.
ALTERATION
Any activity that will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alteration may be similarly represented as "alteration of drainage characteristics," and "conducting land disturbance activities." 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.
APPLICANT
Any "person" as defined below requesting a stormwater management permit for proposed land-disturbance activity.
AUTHORIZED ENFORCEMENT AGENCY
The Earth Removal-Stormwater Advisory Committee, the Earth Removal-Stormwater Inspector or other authorized agent of the Earth Removal-Stormwater Advisory Committee (the Committee).
[Amended 4-30-2007 ATM, Art. 24]
BEST MANAGEMENT PRACTICE (BMP)
Structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to prevent and/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.
CLEARING
Any activity that removes the vegetative surface cover. Clearing activities generally include grubbing activity as defined below.
CONSERVATION DISTRICT
The Middlesex Conservation District or its successor or other agency designated by the Committee.
DEVELOPMENT
The modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LAND
Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
EARTH REMOVAL-STORMWATER ADVISORY COMMITTEE
The Earth Removal-Stormwater Advisory Committee (the Committee) as established by Chapter 134 of the Code of the Town of Groton.
[Amended 4-30-2007 ATM, Art. 24]
EARTH REMOVAL-STORMWATER INSPECTOR
The Earth Removal-Stormwater Inspector as designated in Chapter 239 of the Code of the Town of Groton.
[Amended 4-30-2007 ATM, Art. 24]
EROSION
The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details developed by a qualified professional engineer (PE), a professional land surveyor (PLS), a registered landscape architect (RLA), or a certified professional in erosion and sedimentation control (CPESC), which includes best management practices or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction-related land disturbance activities.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes, but is not limited to, roads, paved parking lots, sidewalks, and rooftops.
LAND-DISTURBING ACTIVITY or LAND DISTURBANCE
Any activity, including clearing and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
LOT or PARCEL
A single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown on a recorded plan or described in a recorded deed.
LOW-IMPACT DEVELOPMENT
Low-impact development (LID) is a more sustainable land development pattern that results from a site planning process that first identifies critical natural resources, then determines appropriate building envelopes. LID also incorporates a range of best management practices (BMPs) that preserve the natural hydrology of the land.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL C. 131A and its implementing regulations at 321 CMR 10.00 which prohibit the "taking" of any rare plant or animal species listed as endangered, threatened, or of special concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection, 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 the Massachusetts Clean Waters Act, MGL C. 21, §§ 23-56. 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.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Groton.
NONPOINT SOURCE POLLUTION
Pollution from diffuse sources, as opposed to discrete conveyances, caused by water, including rainfall or snowmelt, moving over or through the ground.
OPERATION AND MAINTENANCE PLAN
A plan describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.
OUTFALL
The point at which stormwater flows out from a discernible, confined point source or discrete conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORW)
Waters designated by the Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Surface Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
OWNER
A person with a legal or equitable interest in property.
PERSON
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.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.
POLLUTANT
Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth. Pollutants shall include without limitation:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Nonnhazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinance, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock, sand, salt, soils;
J. 
Construction wastes and residues; and
K. 
Noxious or offensive matter of any kind.
PRE-DEVELOPMENT
The conditions that exist at the time that plans for the land development of a site or parcel of land are submitted to the Committee. 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.
PRIVATE STORMWATER SYSTEMS
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 manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by private persons, including homeowner associations.
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 parcel 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.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RESPONSIBLE PARTIES
Owner(s), persons with financial responsibility, and persons with operational responsibility.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SLOPE
The slope of land at any point, stated as a percentage, shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100.
Slope = Change in elevation/horizontal distance measured perpendicular to contours) x 100
SOIL
Earth materials, including decomposed organic material, humid materials, sand, rock and gravel.
STABILIZATION
The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Committee, after review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the Town of Groton from the deleterious effects of uncontrolled and untreated stormwater runoff.
STORMWATER MANAGEMENT PLAN
A document containing narrative, drawings and details prepared by a qualified professional engineer (PE), a professional land surveyor (PLS), or a certified professional in erosion and sedimentation control (CPESC),which includes structural and nonstructural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the maintenance requirements for structural best management practices.
STRIP
Any activity, which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TOTAL SUSPENDED SOLIDS (TSS)
Material, including but not limited to trash, debris, soils, sediment and sand suspended in stormwater runoff.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection Act, MGL C. 131, § 40, and in Chapter 215, Wetlands, of the Code of the Town of Groton.

§ 198-3 Authority.

This chapter 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.

§ 198-4 Applicability.

A. 
Limited stormwater management permit. The following land-disturbing activities, whether new development or redevelopment, shall require a limited stormwater management permit:
(1) 
Excavating, grading, or other activity which disturbs an area greater than 20,000 square feet but less than 40,000 square feet or a volume of earth greater than 500 cubic yards but less than 1,000 cubic yards;
(2) 
Activity disturbing an area of land greater than 5,000 square feet if the slope is 10% or greater or the soil cut or filled exceeds four feet in vertical depth at its deepest point as measured from the natural ground level.
B. 
Full stormwater management permit. The following land-disturbing activities, whether new development or redevelopment, shall require a full stormwater management permit:
(1) 
Excavating, grading, or other activity which disturbs an area of 40,000 or more square feet or a volume of earth resulting in a total quantity equal to or greater than 1,000 cubic yards;
(2) 
The application for a full stormwater management permit shall consist of submittal of a stormwater management plan to the Committee. This Stormwater Management Plan shall contain sufficient information for the Committee to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The Plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in § 198-7B of this chapter and the DEP Stormwater Management Handbook, Volumes I and II.
C. 
Exemptions. The provisions of this chapter shall not apply to:
(1) 
Work performed for normal maintenance or improvement of land in agricultural or forestry use;
(2) 
The removal of hazardous trees;
(3) 
Routine maintenance of vegetation and removal of dead or diseased limbs or trees necessary to maintain the health of cultivated plants, to control noxious weeds or vines in accordance with a Department of Conservation and Recreation (DCR) approved Forest Management Plan, or to remedy a potential fire or health hazard or threat to public safety;
(4) 
Repair of individual sewage disposal systems serving a single- or two-family dwelling when required by the Board of Health for the protection of public health;
(5) 
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 100 cubic yards of soil material, construction of any walls more than four feet in height, alteration of existing grades by more than two feet in elevation, or alteration of drainage patterns;
(6) 
Construction of utilities other than drainage (gas, water, sewer, electric, telephone, etc.) that will not alter terrain or drainage patterns.

§ 198-5 Administration.

The Committee, as established under the Code of the Town of Groton, Chapter 134, shall have authority to administer this chapter.
A. 
The Committee and its agents shall review all applications for limited or full stormwater management permits, conduct inspections, issue a final permit and conduct any necessary enforcement action. Following receipt of a completed application, the Committee shall seek review and comments from the Planning Board, Conservation Commission, Board of Health, Building Inspector and the Director of Public Works. The Committee shall not make a decision on the stormwater management permit until it has received comments from the Conservation Commission, Planning Board, Board of Health, Building Inspector and Director of Public Works or until the Conservation Commission, Planning Board, Board of Health and Director of Public Works have allowed 14 days to elapse after receipt of the application materials without submission of comments thereon.
[Amended 4-26-2010 ATM, Art. 13]
B. 
The Committee will refer to 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 chapter in the protection of the Town's environmental and infrastructure resources.

§ 198-6 Regulations.

After public notice and public hearing, the Committee shall have authority to promulgate rules and regulations to implement this chapter, to review permit applications, to perform monitoring and inspections, to grant or deny permits, and to enforce the provisions of this chapter, and to take any other actions reasonable and appropriate to implement this chapter.

§ 198-7 Permits and procedures.

A. 
Application. A completed application for a limited stormwater management permit or full stormwater management permit shall be filed with the Committee. A permit must be obtained prior to the commencement of land disturbing activity. The permit application requirements shall be specified in regulations adopted by the Committee.
B. 
Standards.
(1) 
Projects shall meet the standards of the Massachusetts Stormwater Management Policy, which are as follows:
(a) 
No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetland resource areas or waters of the Commonwealth.
(b) 
Stormwater management systems must be designed so that post-development peak discharge rates and volume do not exceed pre-development peak discharge rates and volume.
(c) 
Loss of annual recharge to groundwater shall be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types.
(d) 
For new development, stormwater management systems must be designed to remove 80% of the average annual load (post-development conditions) of total suspended solids (TSS). It is presumed that this standard is met when:
[1] 
Suitable nonstructural practices for source control and pollution prevention are implemented;
[2] 
Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and
[3] 
Stormwater management BMPs are maintained as designed.
(e) 
Stormwater discharge from areas with higher potential pollutant loads requires the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited.
(f) 
Stormwater discharge to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). Critical areas are outstanding resource waters (ORWs), swimming beaches, cold water fisheries and recharge areas for public water supplies.
(g) 
Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.
(h) 
Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.
(i) 
All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.
(2) 
When one or more of the standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided.
C. 
Public hearing. The Committee shall hold a public hearing within 21 days of the receipt of a complete application and shall take final action within 21 days from the time of the close of the hearing unless such time is extended by agreement between the applicant and the Committee. Notice of the public hearing shall be given by publication and posting and by first-class mailings to abutters at least seven days prior to the hearing. The Committee shall make the application available for inspection by the public during business hours at the Town Hall.
D. 
Information requests. The applicant shall submit all additional information requested by the Committee to issue a decision on the application.
E. 
Action. The Committee may:
(1) 
Approve the limited or full stormwater management permit application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this chapter;
(2) 
Approve the limited or full stormwater management permit application and issue a permit with conditions, modifications or restrictions that the Committee determines are required to ensure that the project will protect water resources and meet the objectives and requirements of this chapter;
(3) 
Disapprove the limited or full stormwater management permit application and deny the permit if it finds that the proposed plan will not protect water resources or fails to meet the objectives and requirements of this chapter.

§ 198-8 Operation and maintenance plans.

An operation and maintenance plan (O&M Plan) is required at the time of application for all projects subject to a full stormwater management permit. The maintenance plan shall be designed to ensure compliance with the permit, this chapter 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 Committee shall make the final decision on what maintenance option is appropriate in a given situation. The Committee will consider natural features, proximity of site to water bodies and wetland resource areas, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The operation and maintenance plan shall remain on file with the Committee and shall be an ongoing requirement. The O&M plan shall include:
A. 
The name(s) of the record owner(s) responsible for components of the system;
B. 
Maintenance agreements that specify:
(1) 
The names and addresses of the person(s) responsible for operation and maintenance;
(2) 
The person(s) responsible for financing maintenance and emergency repairs;
(3) 
A maintenance schedule for all drainage structures, including swales and ponds;
(4) 
A list of easements with the purpose and location of each;
(5) 
The signature(s) of the owner(s).
C. 
Stormwater management easement(s). Stormwater management easements shall be provided by the property owner(s) as necessary for:
(1) 
Access for facility inspections and maintenance;
(2) 
Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the one-hundred-year storm event;
(3) 
Direct maintenance access by heavy equipment to structures requiring regular cleanout.
(4) 
The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.
(5) 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Committee.
(6) 
Easements shall be recorded with the Middlesex South Registry of Deeds prior to issuance of a certificate of completion by the Committee.
D. 
Self reporting requirements. The owner/operator of a stormwater management system is responsible for periodic self-inspections to ensure that the stormwater management system is working as planned and is in conformance with any permits issued by the Town of Groton. Copies of the (weekly/monthly) site inspection reports shall be submitted to the Committee as they are generated until the project has been issued a certificate of completion per § 198-16 of this chapter. Self reporting standards shall comply with the applicable Town of Groton regulations.
E. 
Changes to operation and maintenance plans.
(1) 
The owner(s) of the stormwater management system must notify the Committee of changes in ownership or assignment of financial responsibility.
(2) 
The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this chapter by mutual agreement of the Committee and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility.

§ 198-9 Fees.

The Committee by regulation shall promulgate an application fee schedule for full and limited stormwater management permit applications and completion certificates. The fee schedule shall be reasonably related to the costs of processing, reviewing and acting upon the application. The fee specified in such a fee schedule shall be made payable to the Town of Groton and shall accompany the permit application or request for certificate of completion. The Committee may require an additional fee for review of any change in or alteration from an approved permit. Said fee shall be paid into a special account set up by the Town Treasurer and may be expended by the Committee for the purpose allocated without further appropriation in accordance with the provisions of MGL C. 44, § 55E 1/2.

§ 198-10 Surety.

The Committee may require the applicant to post a surety bond, cash, or other acceptable security before the start of land disturbance activity. The form of the bond/surety shall be approved by Town Counsel and the Town Treasurer, and be in an amount deemed sufficient by the Committee to insure that the work will be completed in accordance with the permit. Any performance bond or certificate of guarantee shall be executed and maintained by a financial institution, surety, or guaranty company qualified to do business in the Commonwealth.

§ 198-11 Waivers.

A. 
The Committee may waive strict compliance with any requirement of this chapter or the rules and regulations promulgated hereunder, where such action:
(1) 
Is allowed by federal, state and local statutes and/or regulations;
(2) 
Is in the public interest; and
(3) 
Is not inconsistent with the purpose and intent of this chapter.
B. 
Any applicant may submit a written request to be granted such a waiver. Such a waiver request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of this chapter does not further the purposes or objectives of this chapter.
C. 
All waiver requests shall be discussed by the Committee and a decision will be made by the Committee within 30 days of receiving the waiver request.
D. 
If, in the Committee's opinion, additional time or information is required for review of a waiver request, the Committee may continue consideration of the waiver request to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide the requested information, the waiver request shall be denied.

§ 198-12 Compliance and emergency authorization.

[Added 4-26-2010, ATM, Art. 19[1]]
No land-disturbing activity shall take place, unless exempted by the terms of this chapter, without compliance with a stormwater management permit issued by the Committee, with the plans approved by that permit, and with any rules and regulations promulgated by the Committee. In addition, any land-disturbing activity shall comply with all federal, state and local statutes, regulations, and bylaws and shall be subject to and comply with any other necessary permits, licenses, or other approvals.
In the event that the Earth Removal Stormwater Inspector determines, after an inspection, that an emergency situation exists with respect to soil erosion or sedimentation control under this chapter and that the procedures set forth in §§ 198-4 and 198-7 cannot be complied with without substantially endangering the public health, safety, welfare or the environment, the Earth Removal Stormwater Inspector shall take whatever action may be appropriate consistent with the purposes of this chapter. Such action may include authorization of such land-disturbing activity as the Inspector deems prudent to stabilize disturbed or eroding land or other action which the Inspector deems necessary to protect the public health, safety, welfare or the environment. If such emergency action is taken, the Committee shall review said emergency action at its next meeting and may take whatever action it deems necessary under this chapter, including issuing an order that a stormwater management permit application be filed or an enforcement order or violation notice be issued under § 198-13 of this chapter.
[1]
Editor's Note: This article also renumbered former §§ 198-12 through 198-18 as §§ 198-13 through 198-19, respectively.

§ 198-13 Enforcement.

A. 
The Committee or its authorized agent shall enforce this chapter, its regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Orders.
(1) 
The Committee or its authorized agent may issue a written order to enforce the provisions of this chapter, or the regulations thereof, which may include:
(a) 
A requirement to cease and desist from the land-disturbing activity until there is compliance with the chapter or provisions of the stormwater management permit;
(b) 
Maintenance, installation or performance of additional erosion and sediment control measures;
(c) 
Monitoring, analyses, and reporting;
(d) 
Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity;
(e) 
Compliance with the operation and maintenance plan.
(2) 
If the enforcing person determines that abatement or remediation of erosion and sedimentation is required, the 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 may, at its option, undertake such work, and the property owner shall reimburse the Town for its expenses.
(3) 
Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator (if different than the property owner) and the property owner shall be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Committee 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 Committee 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, as provided in MGL C. 59, § 57, after the 31st day following the day on which the costs were due.
C. 
Criminal penalty. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder, shall be punished by a fine of not more than $300. Each day or part thereunder that such violation occurs or continues shall constitute a separate offense.
D. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL C. 40, § 21D, which has been adopted by the Town in the Code of the Town of Groton Chapter 1, § 1-4, Complaints, in which case the Committee or authorized agent shall be the enforcing person. The penalty for each violation shall be $50 for the first violation, $100 for the second violation, and $300 for the third violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E. 
Tax liens. The Town shall require the repayment of the cost of services performed upon failure of performance by the responsible party as required under the operation and maintenance plan. Such services may include but are not limited to the following: removing sediment from stormwater devices, repairing stormwater devices or revegetating stormwater devices. The Town will send the responsible party a bill for services provided. If the bill is not paid 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, as provided in MGL C. 59, § 57, after the 31st day following the day on which the costs were due.

§ 198-14 Extension.

A full or limited stormwater management permit shall be valid for two years from the date the permit is issued. The Committee may grant extensions for additional time upon written request for renewal no later than 30 days prior to expiration of the permit.

§ 198-15 Inspection.

A. 
Filing an application for a stormwater management permit grants the Committee, or its agent, permission to enter the site of the land-disturbing activity, as permitted by law, to verify the information in the application and to inspect for compliance with permit conditions.
B. 
The Earth Removal-Stormwater Inspector, in his/her discretion, may conduct an inspection at any stage of land-disturbing activity to ensure compliance with the terms of this chapter and any permit. The Committee also may require the applicant to submit self inspection reports at any stage of development or post-development. The Earth Removal-Stormwater Inspector or the Committee's agent may inspect sites before construction, weekly during construction, and within 24 hours of a rainstorm of two inches or greater.
[Amended 4-30-2007 ATM, Art. 24]

§ 198-16 Certificate of completion.

Upon the completion of the activities allowed under a stormwater management permit, the applicant shall notify the Committee and request a final inspection and certificate of completion. The applicant shall submit an as-built plan prepared by a professional land surveyor along with certification from a registered professional engineer that all construction has been done in accordance with the approved stormwater management plan.

§ 198-17 Public education.

The Committee, within its available resources, shall provide education programs on soil erosion and sediment control and stormwater management to the general public and persons regulated by this chapter. The Committee shall provide guidelines and advice to ease the permit application process and foster acceptance of good erosion control and stormwater management practices.

§ 198-18 Severability.

If any provision, paragraph, sentence, or clause of this chapter is held invalid for any reason by a court of competent jurisdiction, all other provisions shall continue in full force and effect.

§ 198-19 Effective date.

This chapter shall take effect upon approval of the Attorney General in accordance with MGL C. 40 § 32.[1]
[1]
Editor's Note: This chapter was approved by the Attorney General 7-27-2006.