[HISTORY: Adopted by the Special Town Meeting of the Town of Townsend 11-13-2007 by Art. 13. Amendments noted where applicable.]
GENERAL REFERENCES
Illicit discharges to the municipal storm drain system — See Ch. 62.
Wetlands — See Ch. 138.
Wetlands regulations — See Ch. 150, Art. I.
A. 
Construction site stormwater runoff and post-construction stormwater discharges may permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn may increase flooding, stream channel erosion, nonpoint source pollution, and sediment transport and deposition, and decrease groundwater recharge;
B. 
Construction site stormwater runoff and post-construction stormwater discharges can adversely affect public safety, public and private property, surface water, groundwater resources, drinking water supplies, recreation, aquatic habitats, fish and other aquatic life, property values and other uses of land and water;
C. 
It is in the public interest to regulate construction site stormwater runoff and post-construction stormwater discharges in order to minimize the impacts identified above.
A. 
The purpose of this Stormwater Bylaw is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of construction site stormwater runoff and post-construction stormwater discharges. In addition, this Stormwater Bylaw is intended to ensure and promote compliance with U.S. Environmental Protection Agency (EPA) stormwater management regulations pertaining to municipal separate storm sewer systems (MS4s) and the National Pollutant Discharge Elimination System (NPDES), as amended. This Stormwater Bylaw seeks to meet these purposes through the following objectives:
(1) 
Establish decisionmaking processes surrounding construction site activities that protect the integrity of the watershed and preserve the health of water resources;
(2) 
Require that construction site activities maintain the post-construction runoff characteristics as equal to or less than the pre-construction runoff characteristics in order to minimize flooding, stream bank erosion, siltation, nonpoint source pollution, property damage, and to maintain the integrity of stream channels and aquatic habitats;
(3) 
Establish minimum construction site and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(4) 
Require the use of nonstructural stormwater management practices or "low-impact development practices," wherever practicable.
(5) 
Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety;
(6) 
Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection and long-term maintenance of stormwater facilities implemented as part of this Stormwater Bylaw; and
(7) 
Establish a procedure for the adoption of regulations that will provide administrative procedures and fees for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow-up.
B. 
Nothing in this Stormwater Bylaw is intended to replace the requirements of the Town of Townsend Wetlands Bylaw[1] or any other bylaw that may be adopted by the Town of Townsend, or any state or federal requirement, law, regulation, or policy. Any activity subject to the provisions of this Stormwater Bylaw must comply with any other applicable Town, state or federal requirements.
[1]
Editor's Note: See Ch. 138, Wetlands.
This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34, and as authorized by the residents of the Town of Townsend at Town Meeting, dated November 20, 2007.
The following definitions shall apply in the interpretation and implementation of this Stormwater Bylaw. Additional definitions may be adopted by separate regulation.
ALTER
Any activity that will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alter may similarly represent "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.
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 adverse stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment.
A. 
"Structural" BMPs: devices that are engineered and constructed to provide temporary storage and treatment of stormwater runoff.
B. 
"Nonstructural" BMPs: natural measures to reduce pollution levels, do not require extensive engineering and construction efforts, and/or promote pollutant reduction by eliminating the pollutant source.
CONSTRUCTION SITE
Any site where activity is proposed or occurs which results in soil disturbance by clearing, grading, excavation, stockpiling earth materials or placement/removal of earth materials.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water infiltration to the underlying soil. "Impervious surface" includes, without limitation, roads, paved parking lots, sidewalks, and rooftops, compacted soils, hard-packed gravel driveways, and similar surfaces.
LAND-DISTURBING ACTIVITY OR LAND DISTURBANCE
Any activity, including clearing, grubbing, grading and stockpiling, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
LOW-IMPACT DEVELOPMENT (LID)
An approach to environmentally friendly land use planning. It includes a suite of landscaping and design techniques designed to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques capture water on site, filter it through vegetation, and allow seeping into the ground rather than being lost as surface runoff so that the local water table can recharge. An important LID principle embodies the concept that rainwater is a resource and not merely a superfluous waste product.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and Massachusetts Clean Waters Act, MGL c. 21, §§ 23 to 56.
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 man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Townsend.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
A federal environmental program addressing water pollution under the Clean Water Act. NPDES Phase I addresses stormwater discharges from towns and cities with medium to large storm sewer systems and industrial activities. NPDES Phase II addresses towns and cities with small storm sewer systems serving a population of less than 100,000. Phase II also regulates construction activities disturbing greater than one acre. Townsend is subject to NPDES Phase II.
NONPOINT SOURCE POLLUTION
Pollution from many dispersed sources caused by rainfall or snowmelt moving over and through the ground. Movement of runoff collects and carries away natural and human-source pollutants, finally depositing them into water resource areas.
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.
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.
POST-DEVELOPMENT
Conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. "Post-development" refers to conditions after culmination of a new development or redevelopment project and does not depict conditions during the construction phases of a project.
PRE-DEVELOPMENT
The conditions that exist at the time that plans for the land development of a tract of land are submitted to the Stormwater Authority. Where phased development or phased 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.
STORMWATER AUTHORITY
The Townsend Planning Board shall act as the Stormwater Authority in implementing the provisions of this Stormwater Bylaw. The Stormwater Authority may designate a Stormwater Agent to assist with plan review, implementation and enforcement of the provisions of this Stormwater Bylaw and accompanying regulations. The Stormwater Authority is responsible for coordinating the review, approval and permit process as defined in this chapter. Boards and/or departments may participate in the review process as defined in this Stormwater Bylaw or the Stormwater Regulations adopted by the Stormwater Authority.
STORMWATER MANAGEMENT, EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details prepared by a qualified professional engineer (PE), a professional public land surveyor (PLS), or a certified professional in erosion and sedimentation control (CPESC), that includes structural and nonstructural best management practices (BMPs) to manage and treat stormwater runoff generated from regulated development activity.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, that is designed to protect the Town from deleterious effects of uncontrolled or untreated stormwater runoff.
WATERCOURSE
A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and in Chapter 138, of the Townsend Wetlands Bylaw.
A. 
The Stormwater Authority shall administer, implement and enforce this Stormwater Bylaw. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents.
B. 
The Stormwater Authority may adopt and periodically amend regulations relating to receipt and content of stormwater management permit applications; review time periods, permit terms, conditions, additional definitions, enforcement, fees (including application, inspection, and/or consultant fees), procedures, administration and enforcement of this Stormwater Bylaw subsequent to a majority vote of the Planning Board and after conducting a public hearing to receive comments on the proposed regulations and/or any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation at least seven calendar days before a hearing date. After public notice and hearing, the Stormwater Authority may promulgate rules and regulations to effectuate the purposes of this Stormwater Bylaw. Failure by the Stormwater Authority to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Stormwater Bylaw.
C. 
The Stormwater Authority may take any of the following actions as a result of an application for a stormwater management permit: approval, approval with conditions, or disapproval.
D. 
The overall stormwater management plan consists of two parts: a stormwater management erosion and sedimentation control plan ("stormwater plan") and an operation and maintenance plan ("O&M plan"). The stormwater plan addresses stormwater impacts during construction and prior to site stabilization, as well as best management practices for the permanent management and treatment of groundwater. The O&M Plan addresses the long-term monitoring and care of the stormwater management controls on the site.
This Stormwater Bylaw shall apply to all land-disturbing activities within the jurisdiction of the Town of Townsend, whether new development or redevelopment. Except as permitted by the Stormwater Authority in a stormwater management permit (SMP) or as otherwise provided in this Stormwater Bylaw, no person shall perform any activity that results in land disturbance of 40,000 square feet or greater without first obtaining an SMP according to the provisions of this Stormwater Bylaw.
A. 
Regulated activities. Regulated activities shall include, but not be limited to:
(1) 
Land disturbance of greater than 40,000 square feet, 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 together disturbs 40,000 square feet or more.
(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 drainage system or alteration of an existing drainage system or conveyance serving a drainage area of more than 40,000 square feet.
(5) 
Land disturbance where there is a fifteen-percent or greater slope and where the land disturbance is greater than or equal to 1,000 square feet within the sloped area.
(6) 
Land disturbance greater than or equal to 1,000 square feet where the soil cut or filled exceeds four feet in vertical depth at its deepest point as measured from the natural ground level.
(7) 
Disturbance of a volume of earth greater than 1,500 cubic yards.
(8) 
Any other activity altering the surface of an area exceeding 40,000 square feet that will, or may, result in increased stormwater runoff flowing from the property into a public way, the municipal storm drain system or to a watercourse or wetland.
B. 
Minor and major projects. For the purpose of this bylaw and any regulations pertaining thereto, applications shall be divided into minor and major categories. The application procedures and submittal requirements for minor and major applications shall be described in the Townsend Stormwater Regulations.
(1) 
A minor project is any activity subject to the Stormwater Bylaw which involves:
(a) 
Land disturbance of an area greater than 40,000 square feet but less than 60,000 square feet for a single-family lot which has not been included in an ANR or subdivision within the prior five years; or
(b) 
Land disturbance of a volume of earth greater than 1,500 cubic yards but less than 2,200 cubic yards where not related to a subdivision or ANR; or
(c) 
Land disturbance of an area of land 1,000 square feet to 10,000 square feet:
[1] 
If the slope is 15% or greater; or
[2] 
If the soil cut or filled exceeds four feet in vertical depth at its deepest point as measured from the natural ground level. This requirement may be waived for septic system installation.
(2) 
A major project is any project subject to the Stormwater Bylaw which involves:
(a) 
Land disturbance of an area of 40,000 or more square feet for a subdivision or ANR;
(b) 
Land disturbance of an area of greater than 60,000 square feet; or
(c) 
Land disturbance of a volume of earth resulting in a total quantity greater than 2,200 cubic yards; or
(d) 
Land disturbance of an area of land greater than 10,000 square feet:
[1] 
If the slope is 15% or greater; or
[2] 
If the soil cut or filled exceeds four feet in vertical depth at its deepest point as measured from the natural ground level.
C. 
Exempt activities. The following activities are exempt from the requirements of this Stormwater Bylaw:
(1) 
Normal maintenance and improvement of Town-owned public ways and appurtenances. New road and building construction, however, are subject to a requirement for a stormwater permit.
(2) 
Normal maintenance and improvement of land in agricultural or forestry use as defined by the Massachusetts Wetlands Protection Act and its regulations.
(3) 
Repair of septic systems when required by the Board of Health for the protection of public health.
(4) 
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 300 cubic yards of soil material, construction of walls, alteration of existing grades by more than one foot in elevation, or alteration of drainage patterns.
(5) 
The construction of fencing irrespective of materials used that will not alter existing terrain or drainage patterns.
(6) 
Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage that will not alter terrain or drainage patterns.
A. 
The Stormwater Authority or an authorized agent of the Stormwater Authority shall enforce this bylaw, regulations, permits, violation notices, and enforcement orders and may pursue all civil, criminal and noncriminal remedies for such violations.
B. 
Notices of violation and enforcement orders.
(1) 
The Stormwater Authority or an authorized agent of the Stormwater Authority may issue a written notice of violation or enforcement order to enforce the provisions of this bylaw or the regulations thereunder, which may include requirements to:
(a) 
Cease and desist from construction or land-disturbing activity until there is compliance with the bylaw and the stormwater management permit.
(b) 
Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the O&M plan.
(c) 
Perform monitoring, analyses, and reporting.
(d) 
Fix adverse impact resulting directly or indirectly from malfunction of the stormwater management system.
(2) 
If the enforcing person determines that abatement or remediation of adverse impacts is required, the order may set forth a deadline by which such abatement or remediation must be completed.
C. 
Any person who violates any provision of the Stormwater Bylaw, regulations or permit issued thereunder, maintenance agreement, or enforcement order may be ordered to correct the violation and/or pay a fine of $300. 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 Townsend may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and in which case the Stormwater Agent of the Town of Townsend shall be the enforcing person. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E. 
Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be to a court of competent jurisdiction.
F. 
Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.
The invalidity of any section, provision, paragraph, sentence, or clause of this Stormwater Bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.
This Stormwater Bylaw shall take effect upon approval of the Attorney General and upon compliance with requirements of MGL c. 40, Section 32.