[HISTORY: Adopted by the Annual Town Meeting
of the Town of Marblehead 5-7-2007 by Art. 22. Amendments noted where applicable.]
[Amended 5-6-2019 ATM by Art. 35; 5-3-2021 ATM by Art. 46]
A.
Increased volumes of stormwater, contaminated stormwater runoff from
impervious surfaces, and soil erosion and sedimentation are major
causes of: impairment of water quality and flow in lakes, ponds, streams,
rivers, wetlands and groundwater; contamination of drinking water
supplies; erosion of stream channels; alteration or destruction of
aquatic and wildlife habitat; flooding; and overloading or clogging
of the municipal storm sewer system, including catch basins and storm
drainage systems. The United States Environmental Protection Agency
has identified sedimentation from land disturbance activities and
polluted stormwater runoff from land development and redevelopment,
and pollutants from illicit connections and discharges to municipal
storm sewer systems as major sources of water pollution, impacting
drinking water supplies, natural habitats and recreational resources.
In order to comply with state and federal statutes and regulations,
regulation of activities that result in the disturbance of land and
the creation of stormwater runoff, and regulation of illicit connections
and discharges to the municipal storm sewer system is necessary for
the protection of the water bodies and groundwater resources within
the Town of Marblehead, to safeguard the health, safety and welfare
of the general public and protect the natural resources of the Town.
B.
The objectives of this by-law are to:
(1)
Protect water resources;
(2)
Require practices that eliminate soil erosion and sedimentation;
(3)
Control the volume and rate of stormwater runoff resulting from land
disturbance activities in order to minimize potential impacts of flooding;
(4)
Require practices to manage and treat stormwater runoff generated
from new development and redevelopment;
(5)
Protect groundwater and surface water from degradation;
(6)
Promote infiltration and the recharge of groundwater;
(7)
Prevent pollutants from entering the municipal storm sewer system;
(8)
Ensure that soil erosion and sedimentation control measures and stormwater
runoff management practices are incorporated into the site planning
and design process and are implemented and maintained;
(9)
Ensure adequate long-term operation and maintenance of structural
stormwater best management practices;
(10)
Require practices to control waste such as discarded building
materials, concrete truck washout, chemicals, litter and sanitary
waste at construction sites that may cause adverse impacts to water
quality;
(11)
Prohibit illicit connections and unauthorized discharges to
the municipal storm sewer system;
(12)
Establish the authority to enforce and remove all such illicit
connections;
(13)
Comply with state and federal statutes and regulations relating
to stormwater discharges and ensure low impact development site planning
and design strategies are implemented as defined in the latest Massachusetts
Stormwater Handbook;
(14)
Establish the Town of Marblehead's legal authority to ensure
compliance with the provisions of this by-law through inspection,
monitoring and enforcement.
For the purposes of this by-law, the following
shall mean:
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
Any activity on an area of land that changes the water quality
or the force, quantity, direction, timing or location of runoff flowing
from the area. 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 in the area.
Any "person," as defined below, requesting a soil erosion
and sediment control permit for proposed land-disturbance activity.
The Conservation Commission and its employees or agents are designated to enforce this by-law. For permits pursuant to §195-7, where the Conservation Commission does not have jurisdiction over the land disturbance activity, the Planning Board is designated as the authorized enforcement authority. For illicit connections and discharges, the Select Board is designated as the authorized enforcement authority.
[Amended 5-6-2019 ATM by Art. 35; 5-3-2021 ATM by Art. 46]
An activity, procedure, restraint or structural improvement
that helps to reduce the quantity of and/or improve the quality of
stormwater runoff.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, oils, litter
and sanitary waste at a construction site that may adversely impact
water quality.
Any activity that removes the vegetative surface cover. Clearing
activities generally include grubbing activity as defined below.
The modification of land to accommodate a new use or expansion
of an existing 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.
A registered professional engineer or other trained professional
selected by the authorized enforcement authority and retained by the
authorized enforcement authority and paid by the holder of a minor
land disturbance permit or a full land disturbance permit to periodically
inspect the work and report to the authorized enforcement authority.
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 registered professional engineer (PE) or a registered professional
land surveyor (PLS), 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.
Habitats delineated for state-protected rare wildlife and
certified vernal pools. See the Wetlands Protection Act regulations
(310 CMR 10.00) and the Forest Cutting Practices Act regulations (304
CMR 11.00).
Changing the level or shape of the ground surface.
The act of clearing land surface by digging or grinding up
roots and stumps.
Any non-stormwater surface or subsurface drain or conveyance,
which allows an illicit discharge into the storm sewer system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this by-law. Connections to the municipal storm
sewer system which constitute illicit discharges as defined below
which exist at the time of enactment of this regulation are considered
illicit connections.
[Added 5-6-2019 ATM by Art. 35; amended 5-3-2021 ATM by Art. 46]
Any direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in § 195-7. The term does not include a discharge in compliance with an NPDES Storm Water Discharge Permit, or resulting from firefighting activities exempted pursuant to § 195-7 of this regulation.
[Added 5-6-2019 ATM by Art. 35; amended 5-3-2021 ATM by Art. 46]
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks and roof
tops. Impervious surface also includes soils, gravel driveways and
similar surfaces with a runoff coefficient (Rational Method) greater
than 85.
Any activity including, without limitation, clearing, grubbing,
grading, digging, cutting or excavation of soil; placement of fill;
and construction that causes a change in the position or location
of soil, sand, rock, gravel or similar earth material.
A single parcel of land held in identical ownership throughout
and defined by metes, bounds or boundary lines in a recorded deed
on a recorded plan.
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 Massachusetts 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 separate storm
sewer (drainage) system, streets, gutters, curbs, ditches, inlets,
piped separate storm sewers (storm drains), pumping facilities, retention
or detention basins, natural or man-made or altered drainage channels,
open channels, reservoirs and other separate storm sewers or drainage
structures that together comprise the storm sewer system owned or
operated by the Town of Marblehead
[Amended 5-3-2021 ATM by Art. 46]
Any construction activities, land alterations or activities
that are part of a larger common plan on an area that has not previously
been developed to include impervious cover.
[Added 5-3-2021 ATM by
Art. 46]
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 a receiving water
body and/or wetland.
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 Water Quality Standards,
promulgated at 314 CMR 4.00, and the Massachusetts Stormwater Management
Standards, set forth in the Massachusetts Stormwater Management Policy.
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.
The person who holds a land disturbance permit and therefore
bears the responsibilities and enjoys the privileges conferred thereby.
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 thereof.
Any discernible, confined and discrete means of 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.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
A person designated by the authorized enforcing authority
knowledgeable in the principles and practice of erosion and sediment
controls and pollution prevention, who possesses the appropriate skills
and training to assess conditions at the construction site that could
impact stormwater quality, and the appropriate skills and training
to assess the effectiveness of any stormwater controls selected and
installed to meet the requirements of this permit and state and federal
statutes and regulations.
[Added 5-3-2021 ATM by
Art. 46]
Any construction, development, rehabilitation, expansion,
demolition, land alteration, improvement of impervious surfaces, or
phased projects that disturb the ground surface or increase the impervious
area on previously developed sites that does not meet the definition
of new development.
[Amended 5-3-2021 ATM
by Art. 46]
Owner(s) and persons with financial, operational and/or administrative
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, including but not limited
to the creation of new impervious cover and improvements of existing
impervious cover.
[Amended5-3-2021 ATM
by Art. 46]
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel or similar material.
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 document containing narrative, drawings and details prepared
by a registered professional engineer (PE), 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 and
sand, suspended in stormwater runoff.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species. For
the purpose of this by-law, vernal pools shall be as those areas certified
as such by the Commonwealth of Massachusetts Division of Fisheries
and Wildlife.
A natural or man-made channel through which water flows,
including a river, brook, stream, underground stream, pond or lake.
An area specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and accompanying regulations and/or in Chapter 194 of the By-Laws of the Town of Marblehead.
Freshwater wetland, marsh, bog, wet meadow and swamp are
defined in MGL c. 131, § 40, and accompanying regulations,
and the Town of Marblehead Wetlands Protection By-Law and Regulations
and are collectively known as "vegetated wetlands." Credible evidence
as to wetland affinities of other vegetation in an area shall be considered
in making wetland determinations.
This by-law is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, MGL c. 83 § 1, 10 and 16 and MGL c.
149 §§ 135 - 140 and pursuant to the regulations of
the Federal Clean Water Act, found at 40 CFR 122.34 and published
in the Federal Register on December 8, 1999, as amended.
[Amended 5-6-2019 ATM by Art. 35; 5-3-2021 ATM by Art. 46]
This by-law or the regulations promulgated thereunder
shall apply to all land-disturbing activities within the jurisdiction
of the Town of Marblehead. Except as permitted by the authorized enforcement
authority, or as otherwise provided in this by-law, no person shall
perform any activity that results in land disturbance of 40,000 square
feet or more, including 40,000 square feet of area which is comprised
of smaller, individual parcels within the same project or unconnected
areas which comprise 40,000 square feet or more in the aggregate.
A.
Regulated activities. Regulated activities shall include,
but not be limited to:
(1)
Land disturbance of 40,000 square feet or more, whether
or not associated with construction or reconstruction of structures;
(2)
Development or redevelopment involving multiple separate
activities in discontinuous locations or on different schedules if
the activities are part of a larger common plan of development that
all together disturbs 40,000 square feet or more of land;
(3)
Paving or other change in surface material over an
area of 40,000 square feet or more causing a significant reduction
of permeability or increase in runoff;
(4)
Construction of a new municipal separate storm sewer
system, drainage system, or alteration of any existing drainage system
or conveyance serving a drainage area of 40,000 square feet or more;
(5)
Any other activity altering the surface of an area
exceeding 40,000 square feet or more that will, or may, result in
increased stormwater runoff flowing from the property into a public
way, the municipal storm sewer system, or wetlands; or
(6)
Construction or reconstruction of structures where
40,000 square feet or more of roof drainage is altered.
(7)
Erosion and sedimentation control requirement. A project which includes
land disturbance of less than 40,000 square feet shall be considered
to be in conformance with this by-law if soils or other eroded matter
have been or will be prevented from being deposited onto adjacent
properties, rights-of-way, the public storm sewer system or wetlands
and watercourses. The design, installation and maintenance of erosion
and sediment control operations and facilities shall adhere to the
standards specified in the regulations adopted pursuant to this by-law.
B.
Erosion and sedimentation control requirement. A project
which includes land disturbance of less than 40,000 square feet shall
be considered to be in conformance with this by-law if soils or other
eroded matter have been or will be prevented from being deposited
onto adjacent properties, rights-of-way, the public storm drainage
system or wetlands and watercourses. The design, installation and
maintenance of erosion and sediment control operations and facilities
shall adhere to the standards specified in the regulations adopted
pursuant to this by-law.
C.
Illicit
discharges and illicit connections. Illicit discharges and connections
shall include, but not be limited to: all flows of non-stormwater
into the municipally owned storm sewer system, a watercourse, and
any waters of the commonwealth located within the boundaries of the
Town of Marblehead.
D.
Exempt activities. The following activities are exempt
from the requirements of this by-law:
(1)
Normal maintenance and improvement of land in agricultural
use as defined by the Massachusetts Wetlands Protection Act;
(2)
Repair of septic systems when required by the Board of Health for the protection of public health and in compliance with § 195-4A(2) hereof;
(3)
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 50 cubic yards
of soil material, construction of any walls, alteration of existing
grades by more than one foot in elevation or alteration of drainage
patterns;
(4)
The construction of fencing that will not alter existing
terrain or drainage patterns;
(5)
Construction of utilities other than drainage (e.g.
gas, water, electric, telephone) that will not alter terrain or drainage
patterns; and
(6)
Projects wholly within the jurisdiction of the authorized
enforcement authority and requiring an order of conditions.
[Amended 5-3-2021 ATM by Art. 46]
The authorized enforcement authority shall administer,
implement and enforce this by-law or the regulations promulgated thereunder.
Any powers granted to or duties imposed upon the authorized enforcement
authority through this by-law may be delegated in writing by the authorized
enforcement authority to its employees and/or agents.
[Amended 5-6-2019 ATM by Art. 35]
Each of the authorized enforcement authorities
may adopt and periodically amend rules and regulations to effectuate
the purposes of this by-law under their respective jurisdiction. Prior
to the adoption and subsequent amendment to the rules and regulations,
if any, the authorized enforcement authority shall hold a public hearing.
Notice of the time and place of the hearing, and of the subject matter,
sufficient for identification, shall be published in a newspaper of
general circulation in the Town once in each of two successive weeks,
the first publication to be not less than 14 days before the day of
the hearing. A copy of the adopted regulations shall be made available
at the Office of the Town Clerk and as otherwise deemed appropriate
by the authorized enforcement authority. Failure by the authorized
enforcement authority to promulgate such rules and regulations shall
not have the effect of suspending or invalidating this by-law.
[Amended 5-6-2019 ATM by Art. 35]
A.
Permit hereunder is required prior to any activity
disturbing 40,000 or more square feet of land or less than 40,000
square feet that is part of a larger common plan of development or
sale, that will ultimately alter or disturb any land equal to or greater
than 40,000 square feet. Where the Conservation Commission does not
have jurisdiction over the land disturbance activity, the Planning
Board is the land disturbance permit granting authority. The site
owner or their agent shall apply to the authorized enforcement authority
for the permit. While application may be made by a representative,
the permittee must be the owner of the site.
(1)
Applications. An application shall be made to the
authorized enforcement authority in a form and containing information
as specified in this by-law and in the rules and regulations adopted
by the authorized enforcement authority, if any, and shall be accompanied
by payment of the appropriate application and review fees.
(2)
Fees. Fees shall be established by authorized enforcement
authority to cover expenses connected with public notice, application
review and monitoring permit compliance. The fees shall be sufficient
to cover professional review as well. The authorized enforcement authority
is authorized to retain a registered professional engineer or other
professional consultant to advise the authorized enforcement authority
on any or all aspects of the application. Applicants must pay all
review fees before the review process may begin. The applicant for
a land disturbance permit may be required to cover the costs of said
consultant(s) through an account established pursuant to MGL Ch. 44,
§ 53G.
(3)
Design requirements and information requests. Stormwater
management systems shall be designed to be at least as stringent as
the latest Massachusetts Stormwater Handbook design requirements.
Additionally, the stormwater management system shall meet the US EPA
Total Phosphorus and TSS design requirements for new development and
redevelopment per the Federal NPDES permit. If there is a conflict
between the latest Massachusetts Stormwater Handbook and the US EPA
Total Phosphorus and Total Suspended Solids requirements, the more
stringent requirements apply. The authorized enforcement authority
may request such additional information as is necessary to enable
the authorized enforcement authority to determine whether the proposed
land disturbance activity will protect water resources and comply
with the requirements of this by-law.
[Amended 5-3-2021 ATM
by Art. 46]
(4)
Determination of completeness. The authorized enforcement
authority shall make a determination as to the completeness of the
application and adequacy of the materials submitted. No review shall
take place until the application has been found to be complete.
(5)
.Coordination with other boards. On receipt of a complete
application for a land disturbance permit, the authorized enforcement
authority shall distribute one copy each to the Planning Board, the
Water and Sewer Commission, the Board of Health, the Building Commissioner,
and the Department of Public Works as designated by the Select Board
for review and comment. Said agencies and persons shall, in their
discretion, investigate the case and report their recommendations
to the authorized enforcement authority. The authorized enforcement
authority shall not hold a hearing on the land disturbance permit
until it has received reports from said agencies or until said agencies
have allowed 20 days to elapse after receipt of the application materials
without submission of a report thereon.
[Amended 5-3-2021 ATM
by Art. 46]
(6)
Entry. Filing an application for a land disturbance
permit grants the authorized enforcement authority or its agent(s)
permission to enter the site to verify the information in the application
and to inspect for compliance with permit conditions, to the extent
permitted by law.
(7)
Hearing. Within 30 days of receipt of a complete application
for a land disturbance permit, the authorized enforcement authority
shall hold a public hearing and shall take final action within 30
days from the close of said hearing, unless such time is extended
by agreement between the applicant and the authorized enforcement
authority. Notice of the public hearing shall, at least five business
days prior to said hearing, be given by publication in a local newspaper
of general circulation, and by posting. The authorized enforcement
authority shall be responsible for publishing the notice in the local
newspaper and posting the notice at Abbot Hall, and the applicant
shall be responsible for paying the costs of same. The authorized
enforcement authority shall make the application available for inspection
by the public during business hours at the Mary Alley Building.
(8)
Action. The authorized enforcement authority may:
(a)
Approve the application and issue a permit if
it finds that the proposed plan will protect water resources and complies
with the requirements of this by-law;
(b)
Approve the application and issue a permit with
conditions, modifications and/or restrictions that the authorized
enforcement authority determines are required to ensure that the project
will protect water resources and complies with the requirements of
this by-law; or
(c)
Disapprove the application and deny a permit
if it finds that the proposed plan will not protect water resources
or fails to meet the objectives of and/or comply with the requirements
of this by-law. If the authorized enforcement authority finds that
the applicant has submitted insufficient information to describe the
site, the work or the effect of the work on water quality and runoff
volume, the authorized enforcement authority may disapprove the application,
denying a permit.
(d)
If approved, the authorized enforcement authority
shall require hat the permit, in addition to the Plan as noted herein,
shall be placed on record at the Southern Essex Registry of Deeds.
Upon completion of the project and following approval of compliance
with the permit, the authorized enforcement authority shall issue
a certificate of completion to be placed on record at the Southern
Essex Registry of Deeds.
(9)
Project changes. The permittee, or their agent, must
notify the agent of the authorized enforcement authority in writing
of any change or alteration of a land disturbing activity before the
change or alteration occurs. If the agent of the authorized enforcement
authority determines that the change or alteration is significant,
based on the design requirements listed in the rules and regulations
adopted by the authorized enforcement authority pursuant to this by-law,
if any, the agent of the authorized enforcement authority may require
that an amended application or a new full application be filed in
accordance with this section. If any unauthorized or unpermitted change
or alteration from the land disturbance permit occurs during land
disturbing activities, the agent of the authorized enforcement authority
may require the permittee to cease all work and/or require the installation
of interim erosion and sedimentation control measures before approving
the change or alteration.
B.
Illicit
discharges and illicit connections shall be prohibited.
[Amended 5-3-2021 ATM
by Art. 46]
(1)
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into any
storm sewer system, into a watercourse, or into waters of the United
States and/or commonwealth.
(2)
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm sewer system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
(3)
Obstruction of the municipal storm sewer system. No person shall
obstruct or interfere with the normal flow of stormwater into or out
of the municipal storm sewer system without prior approval from the
Marblehead Department of Public Works as designated by the Select
Board.
The erosion and sedimentation control plan shall
contain sufficient information to describe the nature and purpose
of the proposed development, pre and post construction conditions
of the site and the adjacent areas and proposed erosion and sedimentation
controls. The applicant shall submit such material as is necessary
to show that the proposed development will comply with the design
standards and contain the information listed in the rules and regulations
adopted by the authorized enforcement authority for administration
of this by-law, if any.
The stormwater management plan shall contain
sufficient information to describe the nature and purpose of the proposed
development, pre and post construction conditions of the site and
the adjacent areas and proposed best management practices for the
permanent management and treatment of stormwater. The stormwater management
plan shall contain sufficient information for the authorized enforcement
authority 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
the Massachusetts Stormwater Management Policy and the United States
Department of Environmental Protection's Stormwater Management Handbook:
Volumes I and II. The stormwater management plan shall fully describe
the project in drawings and narrative. The applicant shall submit
such material as is required by the rules and regulations adopted
by the authorized enforcement authority for the administration of
this by-law, if any.
A.
Requirements. An operation and maintenance plan (O&M
plan) for the permanent stormwater management system is required for
all projects at the time of application. The O&M plan shall be
designed to ensure compliance with this by-law and its regulations,
if any, and the Massachusetts Surface Water Quality Standards, 314
CMR 4.00, in all seasons and throughout the life of the system. The
O&M plan shall include any requirements deemed necessary by the
authorized enforcement authority to ensure compliance therewith, including,
without limitation, a covenant. The authorized enforcement authority
shall make the final decision of what maintenance option is appropriate
in a given situation. In making said decision, the authorized enforcement
authority will consider natural features, the proximity of the site
to water bodies and wetlands, the extent of impervious surfaces, the
size of the site, the types of stormwater management structures and
the potential need for ongoing maintenance activities. Once approved
by the authorized enforcement authority, the O&M plan shall be
recorded at the Southern Essex District Registry of Deeds by and at
the expense of the permittee, shall run with the land, shall remain
on file with the authorized enforcement authority and shall be an
ongoing requirement. The O&M plan shall conform to the requirements
listed in the rules and regulations adopted by the authorized enforcement
authority for the administration of this by-law, if any. Stormwater
management easements shall be provided by the property owner(s) in
areas and as necessary to carry out the required maintenance.
B.
Changes to operation and maintenance plan.
(1)
The owner(s) of the stormwater management system must
notify the authorized enforcement authority or its agent 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 by-law by mutual agreement
of the authorized enforcement authority and the responsible parties.
Amendments must be in writing and signed by all responsible parties.
Once the amended O&M plan is signed, the authorized enforcement
authority shall file it with the Southern Essex District Registry
of Deeds at the expense of the current owner(s).
A.
Preconstruction meeting. Prior to clearing, excavation,
construction or any land disturbing activity requiring a permit, the
applicant, the applicant's technical representative, the general contractor,
pertinent subcontractors and any person with authority to make changes
to the project shall meet with the authorized enforcement authority
or its designated agent to review the permitted plans and proposed
implementation.
B.
Inspection. The authorized enforcement authority or
its designated agent shall designate a qualified person to complete
inspections as hereinafter required and shall either approve that
portion of the work completed or shall notify the permittee wherein
the work fails to comply with the approved plans and/or any conditions
of approval. One copy of the approved plans and conditions of approval,
signed by the authorized enforcement authority, shall be maintained
at the site during the progress of the work. To facilitate inspections,
the permittee shall notify the agent of the authorized enforcement
authority within 24 hours after each of the following events:
[Amended5-3-2021 ATM
by Art. 46]
(1)
Erosion and sediment control measures are in place and stabilized;
(2)
Rough grading has been substantially completed;
(3)
Final grading has been substantially completed;
(4)
Bury inspection, prior to backfilling of the municipal separate storm
sewer system and/or any underground drainage or stormwater conveyance
structures;
C.
Permittee inspections. The permittee or their agent
shall conduct and document inspections of all control measures no
less frequently than weekly or as specified in the permit, and prior
to and following anticipated storm events. The purpose of such inspections
will be to determine the overall effectiveness of the control plan,
and the need for maintenance and/or additional control measures. The
permittee or their agent shall submit monthly reports to the authorized
enforcement authority or designated agent in a format approved by
the authorized enforcement authority. The authorized enforcement authority
may require, as a condition of approval, that a professional environmental
site monitor, approved by the authorized enforcement authority, be
retained by and paid for by the permittee to conduct such inspections
and prepare and submit such reports to the authorized enforcement
authority or its designated agent.
D.
Access permission. To the extent permitted by law,
or if authorized by the owner or other party in control of the property,
the authorized enforcement authority, its agents, officers and employees
may enter upon privately owned property for the purpose of performing
their duties under this by-law and may make or cause to be made such
examinations, surveys or samplings as the authorized enforcement authority
deems reasonably necessary to determine compliance with the permit.
Prior to the start of land disturbance activity, the authorized enforcement authority may require the permittee to post a surety bond, irrevocable letter of credit, cash or other acceptable security. The form of the bond shall be approved by Town Counsel, and shall be in an amount deemed sufficient by the authorized enforcement authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the authorized enforcement authority may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the authorized enforcement authority has received the final report as required by § 195-13 and issued a certificate of completion.
Upon completion of the work, the permittee shall
submit a report, including certified, as built construction plans,
from a registered professional engineer (P.E.) certifying that all
requirements of the permit and any approved changes and modifications
thereto have been completed in accordance with the conditions of the
approved permit.
A.
Authority. The authorized enforcement authority or
its authorized agent shall enforce this by-law, the rules and regulations
adopted pursuant hereto, if any, and all orders, violation notices
and/or enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
Orders.
(1)
The authorized enforcement authority or an authorized
agent of the authorized enforcement authority may issue a written
order to enforce the provisions of this by-law or the rules and regulations
adopted pursuant hereto, if any, which may include (i) a requirement
to cease and desist from the land-disturbing activity until there
is compliance with the by-law and provisions of the land-disturbance
permit; (ii) maintenance, installation or performance of additional
erosion and sedimentation control measures; (iii) monitoring, analyses
and reporting; or (iv) remediation of erosion and sedimentation resulting
directly or indirectly from the land disturbing activity.
(2)
If the enforcing person or entity 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
permittee or property owner fail to abate or perform remediation within
the specified deadline, the Town of Marblehead may, at its option,
undertake such work, and the permittee or property owner shall reimburse
the Town's for the cost thereof.
(3)
Within 30 days after completing all measures necessary
to abate the violation or to perform remediation, the permittee and
the property owner shall be notified of the costs incurred by the
Town of Marblehead, including administrative costs. The permittee
or property owner may file a written protest objecting to the amount
or basis of costs with the authorized enforcement authority within
30 days of receipt of said notification. 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 authorized enforcement
authority affirming or reducing the costs, or from a final decision
of a court of competent jurisdiction to that effect, the costs shall
become a special assessment against the property owner and shall constitute
a lien on the owner's property for the amount thereof. 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.
(4)
Upon discovery of illicit discharges or illicit connections, the
authorized enforcement authority may issue a written order to enforce
the provisions of this by-law or the regulations promulgated thereunder,
which may include:
[Added 5-6-2019 ATM by Art. 35; amended 5-3-2021 ATM by Art. 46]
(a)
Elimination of illicit connections or discharges to the municipal
storm sewer system;
(b)
Performance of monitoring, analyses, and reporting;
(c)
That unlawful discharges, practices, or operations shall cease and
desist; and
(d)
Remediation of contamination in connection;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
Implementation of source control or treatment BMPs.
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If the enforcing person determines that abatement or remediation
of contaminations is required and is the responsibility of the property
owner, 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 of Marblehead
may at its option, undertake such work, and expenses times three thereof
shall be charged to the violator.
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Within 30 days after completing all measures necessary to abate
the violation or to perform remediation, the violator and the property
owner will be notified of the costs incurred by the Town of Marblehead,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Department of Public Works as designated by the Select Board 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 Department
of Public Works as designated by the Select Board 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 MGL c. 59, § 57
after the thirty-first day at which the costs first become due.
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C.
Criminal penalty. Any person who violates any provision
of this by-law, the rules and regulations adopted pursuant hereto,
if any, or an order or permit issued hereunder shall be punished by
a fine of not more than $300 for each offense. Each day or part thereof
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 of Marblehead may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D,
in which case the authorized enforcement authority or authorized agent
shall be the enforcing person. The penalty for each violation shall
be $300. Each day or part thereof that such violation occurs or continues
shall constitute a separate offense.
E.
Appeals. All decisions, permits or orders of the authorized
enforcement authority shall be final. Further relief shall be sought
only in a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this
by-law are not exclusive of any other remedies available under any
applicable federal, state or local law.
The authorized enforcement authority will issue
a certificate of completion upon receipt and approval of the final
reports and/or upon otherwise determining that all work under the
permit has been satisfactorily completed in conformance with this
by-law and the rules and regulations adopted pursuant hereto, if any.
The certificate of completion shall be recorded at the Essex Southern
District Registry of Deeds by the property owner(s) and at the property
owner(s) expense.
If any provision, paragraph, sentence or clause
of this by-law or the application hereof to any person, establishment
or circumstance shall be held invalid for any reason, all other provisions
shall continue in full force and effect to the extent permitted by
law.
