[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
Flood damage prevention — See Ch. 141.
Forest lands — See Ch. 145.
Wetlands — See Ch. 215.
Zoning — See Ch. 218.
[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Editor's Note: This enactment also repealed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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
Any "person" as defined below requesting a stormwater management
permit for proposed land-disturbance activity.
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]
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.
Any activity that removes the vegetative surface cover. Clearing
activities generally include grubbing activity as defined below.
The Middlesex Conservation District or its successor or other
agency designated by the Committee.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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.
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]
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]
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.
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.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
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.
Any activity, including clearing and grubbing, that causes
a change in the position or location of soil, sand, rock, gravel,
or similar earth material.
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 (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.
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.
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.
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.
Pollution from diffuse sources, as opposed to discrete conveyances,
caused by water, including rainfall or snowmelt, moving over or through
the ground.
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.
The point at which stormwater flows out from a discernible,
confined point source or discrete conveyance into waters of the Commonwealth.
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.
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 or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonnhazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
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.
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.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Owner(s), persons with financial responsibility, and persons
with operational responsibility.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
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
|
Earth materials, including decomposed organic material, humid
materials, sand, rock and gravel.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
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.
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.
Any activity, which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Material, including but not limited to trash, debris, soils,
sediment and sand suspended in stormwater runoff.
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.
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.
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.
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.
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.
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:
(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.
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.
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.
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.
A.
The Committee may waive strict compliance with any
requirement of this chapter or the rules and regulations promulgated
hereunder, where such action:
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.
[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.
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.
[Amended 4-29-2019 ATM by Art. 23]
A full or limited stormwater management permit shall be valid
for three 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.
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]
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.
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.
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.
