[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-16-2006 FATM, Art. 13 (Article
XXVIII of the 1973 General Bylaws)]
A.
Findings.
(1)
Increased volumes of stormwater and contaminated stormwater
runoff are major causes of:
(2)
The United States Environmental Protection Agency
has identified land disturbance and polluted stormwater runoff as
major sources of water pollution. Regulation of illicit connections
and discharges to the municipal storm drain system is necessary for
the protection of the Town of Walpole's water bodies and groundwater
resources and to safeguard the public health, safety, and welfare
and the natural resources of the Town.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Walpole's
municipal storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges
to the municipal storm drain system;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations
relating to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring,
and enforcement.
For the purposes of this bylaw, the following
shall mean:
Employee or designees of the Town Administrator.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
Water beneath the surface of the ground including confined
or unconfined aquifers.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain 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 bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 499-7. The term does not include a discharge in compliance with an NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 499-7B(1) of this bylaw.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Walpole.
A permit issued by United States Environmental Protection
Agency or jointly with the State that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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 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 considered
toxic to humans or the environment and may be introduced into any
sewage treatment works or waters of the Commonwealth. Pollutants shall
include, but not be limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, 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.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as Toxic or Hazardous under MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
A natural or man-made channel through which water flows,
or a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, costal waters, and groundwater.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by product
or waste product.
This bylaw shall apply to flows entering the
municipal storm drainage system.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and in accordance with the regulations of the
federal Clean Water Act found at 40 CFR 122.34 and the Phase II ruling
from the Environmental Protection Agency found in the December 8,
1999 Federal Register.
The Town Administrator shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Town Administrator may be delegated in writing by the Town Administrator
to employees or agents of the Department of Health, Department of
Public Works, Department of Water and Sewer, Department of Conservation,
Department of Building Inspections or other Town Department.
The Town Administrator may promulgate rules
and regulations to effectuate the purposes of this bylaw. Failure
by the Town Administrator to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
A.
Prohibited activities.
(1)
Illicit discharges. No person shall dump, discharge,
cause, or allow to be discharged any pollutant or non-stormwater discharge
into the municipal storm drain system, into a watercourse, or into
the waters of the Commonwealth.
(2)
Illicit connections. No person shall construct, use,
allow, maintain, or continue any illicit connection to the municipal
storm drain system, regardless of whether the connection was permissible
under applicable law, regulation, or custom at the time of connection.
(3)
Obstruction of municipal storm drain system. No person
shall obstruct or interfere with the normal flow of stormwater into
or out of the municipal storm drain system without prior written approval
from the Town Administrator.
B.
Exemptions.
(1)
Discharge or flow resulting from fire fighting activities;
(2)
The following non-stormwater discharges or flows are
exempt from this bylaw, provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system;
(a)
Waterline flushing;
(b)
Flow from portable water sources;
(c)
Springs;
(d)
Natural flow from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(h)
Discharge from landscape irrigation or lawn
watering;
(i)
Water from exterior foundation drains, footing
drains (not including active groundwater dewatering systems), crawl
space pumps, or air conditioning condensation;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated swimming pool water
(less than one ppm chlorine) provided test data is submitted to the
Town substantiating that the water meets the one ppm standard, and
the pool is drained in such a way as not to cause a nuisance or public
safety issue and complies with all applicable Town Bylaws;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is
given to the Town Administrator prior to the time of the test;
(n)
Non-stormwater discharge permitted under an
NPDES permit or a Surface Water Discharge Permit, waiver, or waste
discharge order administered under the authority of the United States
Environmental Protection Agency or the Department of Environmental
Protection, provided that the discharge is in full compliance with
the requirements of the permit, waiver, or order and applicable laws
and regulations; and
(o)
Discharge for which advance written approval
is received from the Town Administrator as necessary to protect public
health, safety, welfare or the environment.
(3)
Discharge or flow that results from exigent conditions
and occurs during a Public Health Emergency declared by an agency
of the federal or state government, or by the Town Administrator,
Select Board or Board of Health.
[Amended 10-21-2019 FATM, Art. 20]
The Town Administrator may suspend municipal
storm drain system access to any person or property without prior
written notice when such suspension is necessary to stop an actual
or threatened discharge of pollutants that presents imminent risk
of harm to the public health, safety, welfare or the environment.
In the event any person fails to comply with an emergency suspension
order, the Town Administrator may take all reasonable steps to prevent
or minimize harm to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local,
state or federal law, as soon as a person responsible for a facility
or operation, or responsible for emergency response for a facility
or operation has information of or suspects a release of materials
at the facility or operation resulting in or which may result in discharge
of pollutants to the municipal drainage system or waters of the Commonwealth,
the person shall take all necessary steps to ensure containment and
cleanup of the release. In the event of a release of oil or hazardous
materials, the person shall immediately notify the municipal fire
and police departments, the Town Administrator, the Walpole Board
of Health, Conservation Commission, and the Water and Sewer Commission.
In the event of a release of non-hazardous material, the reporting
person shall notify the Town Administrator and the Conservation Commission
no later than the next business day. The reporting person shall provide
to the Town Administrator written confirmation of all telephone, facsimile
or in person notifications within three business days thereafter.
If the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or facility operator shall also retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for a least
three years.
A.
Authorized agent. The Town Administrator shall authorize
the Fire Inspector, Police Inspector, Health Agent, Conservation Agent,
Building Inspector and other applicable Agents to enforce this bylaw,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
B.
Civil relief. If a person violates the provisions
of this bylaw, regulations, permit, notice, or order issued thereunder,
the Town Administrator and or an authorized Agent may seek injunctive
relief in a court of competent jurisdiction restraining the person
from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
C.
Orders.
(1)
The Town Administrator or an authorized agent of the
Town Administrator may issue a written order to enforce the provisions
of this bylaw or the regulations thereunder, which may include:
(2)
If the enforcing person determines that abatement
or remediation of contamination 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 of Walpole may, at its option, undertake such work, and all
costs incurred by the Town shall be charged to the violator, to be
recouped through all available means, including the placement of liens
on the property.
(3)
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,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Town Administrator 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 Town Administrator 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 31st day at which the costs first become due.
D.
Criminal penalty. Any person who violates any provision
of this bylaw, regulation, order or permit issued thereunder, shall
be punished by a fine of not more than $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
E.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town of Walpole may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D,
in which case the Town Administrator or an authorized agent of the
Town Administrator of the Town 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.
F.
Entry to perform duties under this bylaw. To the extent
permitted by state law, or if authorized by the owner or other party
in control of the property, the Town Administrator, its agents, officer,
and employees may enter upon privately owned property for the purpose
of performing their duties under this bylaw and regulations and may
make or cause to be made such examinations, surveys or sampling as
the Town Administrator deems reasonably necessary.
G.
Appeals. The decisions or orders of the Town Administrator
shall be final. Further relief shall be to a court of competent jurisdiction.
H.
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 provisions of this bylaw are hereby declared
to be severable. If any provision, paragraph, sentence, or clause,
of this bylaw or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this bylaw.
Residential property owners shall have 180 days
from the effective date of the bylaw to comply with its provisions
or petition the Town Administrator for an extension.
[Adopted 5-7-2022 SATM by Art. 18[1]]
[1]
Editor's Note: This article also repealed former Art. II,
Erosion Control, adopted 5-7-2007 SATM, Art. 29 (Article XXIX of the
1973 General Bylaws), as amended.
A.
Findings.
(1)
Increased volumes of stormwater, contaminated stormwater runoff from
impervious surfaces, and soil erosion and sedimentation are major
causes of:
(a)
Impairment of water quality and decreased flow in lakes, ponds,
streams, rivers, wetlands and groundwater;
(b)
Contamination of drinking water supplies;
(c)
Erosion of stream channels;
(d)
Alteration or destruction of aquatic and wildlife habitat;
(e)
Flooding; and
(f)
Overloading or clogging of municipal catch basins and storm
drainage systems.
(2)
The United States Environmental Protection Agency has identified
sedimentation from land disturbance activities and polluted stormwater
runoff from land development and redevelopment as major sources of
water pollution, impacting drinking water supplies, natural habitats,
and recreational resources. Regulation of activities that result in
the disturbance of land and the creation of stormwater runoff is necessary
for the protection of the Town of Walpole's water bodies and
groundwater resources, to safeguard the health, safety, and welfare
of the general public and protect the natural resources of the Town.
B.
The objectives of this bylaw 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)
Establish minimum construction and post-construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality generated from new development and redevelopment;
(5)
Protect groundwater and surface water from degradation;
(6)
Promote infiltration and the recharge of groundwater;
(7)
Maximize recharge of groundwater in the Walpole Resource Protection
Overlay District as defined by Section 12 of the Walpole Zoning Bylaw;
(8)
Prevent pollutants from entering the municipal storm drain system;
(9)
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;
(10)
Ensure adequate long-term operation and maintenance of structural
stormwater best management practices;
(11)
Encourage low-impact development best management practices which
minimize land disturbance;
(12)
Prevent and reduce pollutants from entering the Town of Walpole's
municipal separate sewer system (MS4);
(13)
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;
(14)
Comply with state and federal statutes and regulations relating
to stormwater discharges; and
(15)
Establish the Town of Walpole's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring
and enforcement.
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[1] 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 on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the commonwealth or the federal government, to the extent permitted
by law, requesting a land disturbance permit and/or fast track permit
for proposed land disturbance activity.
Drawings that completely record and document applicable aspects
and features of conditions of a project following construction using
stormwater management plans derived from a land disturbance permit.
Conservation Commission and its employees or agents designated
to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A document issued by the Stormwater Authority after all construction
activities have been completed, which states that all conditions of
an issued land disturbance permit have been met and that a project
has been completed in compliance with the conditions set forth in
the permit.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material;
results in an increased amount of runoff or pollutants; measurably
changes the ability of a ground surface to absorb waters; involves
clearing and grading; or results in an alteration of drainage characteristics.
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
A professional engineer, or other trained professional selected
by the Conservation Commission and retained by the holder of a land
disturbance permit, to periodically inspect the work and report to
the Conservation Commission.
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) or a public 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 for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Permit issued by the Stormwater Authority for a land disturbance
activity that does not require a land disturbance permit because of
its size and/or scope.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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 rooftops.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
A permit issued by the Conservation Commission regulating any activity applicable under § 499-16B of this bylaw.
Land uses such as auto salvage yards, auto fueling facilities,
exterior fleet storage yards, vehicle service and equipment cleaning
areas, commercial parking lots with high intensity use, road salt
storage areas, outdoor storage and loading areas of hazardous substances,
confined disposal facilities and disposal sites, marinas, boat yards
or other uses as identified by the Massachusetts Stormwater Handbook.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing and
grading; or results in an alteration of drainage characteristics.
A contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
An individual tract of land as shown on the current Assessor's
Map for which an individual tax assessment is made. For the purposes
of these regulations, a lot also refers to an area of a leasehold
on a larger parcel of land, as defined in the lease agreement and
shown by approximation on the Assessor's Map.
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 through 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 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 Walpole.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and man-made pollutants finally
depositing them into a water resource area.
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 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 impervious area adjoining a house and used as an area
for outdoor lounging, dining and other such recreational uses.
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 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, watercourse or waters
of the commonwealth. Pollutants include, but are not limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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.
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.[2]
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
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 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.
Walpole Conservation Commission or its authorized agent(s).
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE) or a professional public
land surveyor (PLS), 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.
The greatest amount of a pollutant that a water body can
accept and still meet water quality standards for protecting public
health and maintaining the designated beneficial uses of those waters
for drinking, swimming, recreation, and fishing. A TMDL is also a
plan, adopted under the Clean Water Act,[3] specifying how much of a specific pollutant can come from
various sources, including stormwater discharges, and identifies strategies
for reducing the pollutant discharges from these sources so as not
to violate Massachusetts surface water quality standards (314 CMR
4.00 et seq.).
Undissolved organic or inorganic particles in water.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
A natural or man-made channel through which water flows,
including a river, brook, or stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater and waters of
the United States as defined under the federal Clean Water Act (33
U.S.C. § 1251 et seq.) as hereafter amended.
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and in the Town of Walpole Wetlands
Protection Bylaw[4] and collectively referred to as "wetlands resource areas."
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, published in the Federal Register on December 8,
1999.
No person may undertake a construction activity or land disturbance,
including clearing, grading, excavation or redevelopment that will
disturb equal to or greater than the thresholds outlined in the Town
of Walpole Stormwater Management Regulations without an administrative
fast track permit or a land disturbance permit approved by a majority
of the Stormwater Authority members or as otherwise provided in this
bylaw. Any person who fails to follow the requirements of an erosion
and sedimentation control plan, operation and maintenance plan, and/or
any land disturbance permit or fast track permit issued under this
bylaw and the Stormwater Management Regulations shall be in violation
of this bylaw.
A.
An administrative fast track permit or land disturbance permit must
be obtained prior to the commencement of land disturbance activity
or redevelopment based on the thresholds established in the Stormwater
Management Regulations. An applicant seeking a fast track permit and/or
land disturbance permit shall file an appropriate application with
the Stormwater Authority in a form and containing information specified
in this bylaw and in the related Stormwater Management Regulations
adopted by the Stormwater Authority.
B.
The following items and activities shall specifically require a land
disturbance permit:
(1)
Land disturbance of 40,000 square feet or more, 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;
(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)
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 or the municipal
storm drain system; or
(6)
Construction or reconstruction of structures where 40,000 square
feet or more of roof drainage is altered.
C.
Fast track permit. The Conservation Commission shall require a fast
track permit for projects involving land disturbance of 5,000 square
feet to 39,999 square feet that do not require a land disturbance
permit. Projects involving the aforementioned amount of land disturbance
and which require a building permit under the Zoning Bylaw and its
revisions or involve alteration of land or redevelopment of land shall
require a fast track permit.
(1)
The purpose of the fast track permit authority is to streamline the
permitting process under this bylaw by eliminating the requirement
for public hearings for projects which meet a pre-approved set of
design standards to be developed as part of the Stormwater Management
Regulations.
(2)
Project applications that meet the requirements of a fast track permit
shall not be subject to the public hearing requirements of this bylaw
and can be issued without holding of a public hearing.
(3)
The Conservation Commission shall have the authority to designate
an agent or agents to issue a fast track permit on its behalf.
D.
Exempt activities. The following activities are exempt from the requirements
of this bylaw and do not require issuance of a land disturbance permit
or fast track:
(1)
Normal maintenance and/or replacement of existing driveways and/or
patios;
(2)
Expansion of a residential driveway and/or patio in such that no
more than 15% or 2,500 square feet, whichever is greater, of the building
lot is rendered impervious;
(3)
Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling;
(4)
Repair or replacement of septic systems with erosion controls shown
on the plan approved by the Board of Health for the protection of
public health;
(5)
The construction of fencing that will not alter existing terrain
or drainage patterns;
(6)
The removal of earth products undertaken in connection with an agricultural
use if the removal is necessary for or directly related to planting,
cultivating or harvesting or the raising or care of animals;
(7)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04,
and MGL c. 40A, § 3;
(8)
The maintenance, reconstruction or resurfacing of any public way;
and the installation of drainage structures or utilities within or
associated with public ways that have been approved by the appropriate
authorities provided that written notice be filed with the Conservation
Commission 14 days prior to commencement of activity; or
(9)
Normal maintenance of Town-owned public land, ways and appurtenances.
The Town of Walpole Conservation Commission shall administer,
implement and enforce this bylaw. Any powers granted to, or duties
imposed upon, the Conservation Commission through this bylaw may be
delegated in writing by the Conservation Commission to its employees
or agents.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminant, or
significantly limit the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structure
will not become a hazard to the use, function, or physical integrity
of the watercourse.
All construction site operators, general contractors, and owners
shall control waste such as discarded building materials, concrete
truck wash-out, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality.
The Conservation Commission may adopt, and periodically amend,
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Conservation Commission to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
A public hearing before the Conservation Commission is required
for a land disturbance permit to be issued prior to any activity disturbing
40,000 or more square feet of land unless otherwise stated in this
bylaw or regulations adopted hereunder. The site owner or his agent
shall file a completed application for the permit with the Conservation
Commission. While application may be made by a representative, the
permittee must be the owner of the site.
A.
Applications. An application shall be made to the Conservation Commission
in a form and containing information as specified in this bylaw and
in the regulations adopted by the Conservation Commission and shall
be accompanied by payment of the appropriate application and review
fees.
B.
Fees. Fees shall be established by Conservation Commission to cover
expenses related to public notice, application review, and monitoring
permit compliance. The fees shall be sufficient to also cover professional
review. The Conservation Commission is authorized to retain a registered
professional engineer or other professional consultant to advise the
Commission on any or all aspects of the application. Applicants must
pay 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 through an account established pursuant to MGL c.
44, § 53G.
C.
Information requests. The Conservation Commission may request such
additional information as is necessary to enable the Commission to
determine whether the proposed activity will protect water resources
and meet the objectives of this bylaw.
D.
Determination of completeness. The Conservation Commission 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.
E.
Coordination with other boards. On receipt of a complete application
for a land disturbance permit the Conservation Commission shall distribute
one copy each to the Planning Board, Department of Public Works, Board
of Health, Engineering Department and Sewer and Water Commission for
review and comment.
F.
Entry. Filing a complete application for a land disturbance permit
will include a written grant approval for the Conservation Commission
or its agent, permission to enter the site to verify the information
in the application and to inspect for compliance with permit conditions.
G.
Hearing.
(1)
The Conservation Commission shall hold a public hearing within 21
days of receipt of complete application and shall take final action
within 21 days upon closing the public hearing. Notice of the public
hearing shall be given by publication in a local paper of general
circulation at a minimum of seven days prior to the public hearing,
and by posting the notice at the Town Hall.
(2)
Any person filing an application with the Commission shall at the
time give written notice at a minimum of seven days prior to the public
hearing thereof, by certified mail, certificate of mailing, or hand
delivery, to all the abutters according to the most recent records
of the Assessor, including those across a traveled way or body of
water. The notice to abutters shall include the date, time and place
of the hearing and where copies of the application and plans may be
examined by abutters free of charge.
H.
Action. The Conservation Commission may:
(1)
Approve the application and issue a permit if it finds that the proposed
plan will protect water resources and meets the objectives and requirements
of this bylaw;
(2)
Approve the application and issue a permit with conditions, modifications
or restrictions that the Conservation Commission determines are required
to ensure that the project will protect water resources and meets
the objectives and requirements of this bylaw; or
(3)
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 and requirements of this bylaw. If the Commission 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 Commission may disapprove the application and deny
the permit.
I.
Project changes. The permittee, or their agent, must notify the agent
of the Conservation Commission in writing of any change or alteration
of a land-disturbing activity before the change or alteration occurs.
If the agent of the Commission determines that the change or alteration
is significant, based on the design requirements listed in the regulations
adopted by the Commission under this bylaw, the agent of the Commission
may require that an amended application or a full application be filed
in accordance with this section. If any change or alteration from
the land disturbance permit occurs during land-disturbing activities,
the agent of the Commission may require the installation of interim
erosion and sedimentation control measures before approving the change
or alteration.
The erosion and sediment control plan shall contain sufficient
information to describe the nature and purpose of the proposed development,
pertinent conditions of the site and the adjacent areas, and proposed
erosion and sedimentation controls. The applicant shall submit such
requirements as stated in the Stormwater Management Regulations adopted
under this bylaw and such material as the Commission deems necessary
to show that the proposed development will comply with applicable
design standards.
The stormwater management plan shall contain sufficient information
to describe the nature and purpose of the proposed development, pertinent
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 Conservation Commission to evaluate the environmental impact,
effectiveness, and acceptability of the measures proposed by the applicant
for reducing adverse impacts from stormwater. The stormwater management
plan shall fully describe the project in drawings and narrative. The
applicant shall submit such material as is required by the Stormwater
Management Regulations adopted hereunder.
An operation and maintenance plan (O&M plan) for the permanent
stormwater management system is required at the time of application
for all projects. The maintenance plan shall be designed to ensure
compliance with this bylaw and the regulations throughout the life
of the system. The Commission shall make the final decision of what
maintenance option is appropriate in a given situation. The Commission
shall maintain the authority to review an operation and maintenance
plan approved by the Planning Board for a subdivision project and
impose such additional conditions as deemed necessary to ensure compliance
with the requirements of this bylaw and any regulations adopted hereunder.
Once approved by the Commission the operation and maintenance plan
shall be recorded at the Norfolk County Registry of Deeds by the permittee,
shall remain on file with the Commission and compliance therewith
shall be an ongoing requirement. The operation and maintenance plan
shall conform to the requirements listed in the regulations adopted
by the Conservation Commission for the administration of this bylaw.
Stormwater management easements shall be provided by the property
owner(s) in areas deemed necessary to carry out the required maintenance.
A.
Preconstruction meeting shall take place as described in the regulations.
B.
Board inspection. The Conservation Commission or its designated agent
shall make inspections as required in the Stormwater Management Regulations
to approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the approved plans
and any conditions of approval.
C.
Permittee inspections. The permittee or his/her agent shall conduct
and document inspections of all control measures as required in the
Stormwater Management Regulations. The Commission may require, for
land disturbance permits, that an environmental site monitor, approved
by the Conservation Commission, be retained by the applicant to conduct
such inspections and prepare and submit such reports to the Conservation
Commission or its designated agent as deemed necessary by the Commission.
D.
Access permission. To the extent permitted by state law, or if authorized
by the owner or other party in control of the property, the Conservation
Commission, its agents, officers, and employees may enter upon privately
owned property for the purpose of performing their duties under this
bylaw and may make or cause to be made such examinations, surveys
or sampling as the Conservation Commission deems reasonably necessary
to determine compliance with this bylaw and any permit(s) issued hereunder.
Upon completion of the allowed work, the applicant shall submit
a report (including certified as-built construction plans) from a
professional engineer (P.E.), surveyor, or certified professional
in erosion and sedimentation control (CPESC), certifying that all
BMPs, erosion and sedimentation control devices, and approved changes
and modifications have been completed in accordance with the conditions
of the approved erosion and sediment control plan and stormwater management
plan or the requirements of the fast track permit. The Stormwater
Authority may, by regulation, require ongoing reporting to ensure
long-term compliance, including, but not limited to, appropriate operation
and maintenance of stormwater BMPs. Any discrepancies shall be noted
in the cover letter.
A.
The Commission or an authorized agent of the Commission shall enforce
this bylaw, the Stormwater Management Regulations, orders, violation
notices, and/or enforcement orders, and may pursue all civil and criminal
remedies for any violations thereof.
B.
Orders.
(1)
The Commission or its authorized agent may issue a written order
to enforce the provisions of this bylaw and/or the Stormwater Management
Regulations, which orders may include but are not limited to the following
requirements:
(a)
Cease and desist from the land-disturbing activity until there
is compliance with this bylaw and/or provisions of the land disturbance
permit;
(b)
Undertake maintenance, installation or performance of additional
erosion and sediment control measures;
(c)
Engage in monitoring, analyses, and/or reporting; and
(d)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity.
(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 of Walpole may, at its option, pursue a court order allowing
the Town to undertake such work, and the property owner shall reimburse
the Town's expenses.
(3)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner shall be notified of the costs incurred by the Town of Walpole,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
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 Commission 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 bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town of Walpole may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the Conservation Commission or authorized agent shall be
the enforcing person. The penalty for the first violation shall be
a warning. The penalty for the second violation shall be $100. The
penalty for subsequent violation shall be $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
E.
Appeals. All decisions or orders of the Conservation Commission 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 Conservation Commission will issue a letter certifying completion
upon receipt and approval of the final reports and/or upon otherwise
determining that all work of the land disturbance permit has been
satisfactorily completed in conformance with this bylaw and regulations.
The certificate of completion shall be recorded at the Registry of
Deeds by the owner(s). A certificate of compliance is not required
under a fasttrack permit.
The Stormwater Authority may require the applicant to post before
the start of land disturbance or construction activity a surety bond,
irrevocable letter of credit, cash, or other acceptable security.
The form of the bond shall be approved by the Stormwater Authority
and be in an amount deemed sufficient by the Stormwater Authority
to ensure that the work will be completed in accordance with the permit.
If the project is phased, the Stormwater Authority may release part
of the bond as each phase is completed in compliance with the permit.
A.
The Stormwater Authority, or its authorized agent, may waive strict
compliance with any requirement of this bylaw or the rules and regulations
promulgated hereunder where such action is:
B.
Any person seeking a waiver must submit a written waiver request.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the bylaw does not further the purposes or objectives of this bylaw.
C.
All waiver requests shall require a public hearing.
D.
If in the opinion of the Stormwater Authority or its authorized agent
additional time or information is required for review of a waiver
request, the Stormwater Authority may continue a hearing to a date
certain announced at the meeting. In the event the applicant objects
to a continuance, or fails to provide requested information, the waiver
request shall be denied.
