[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 3-31-2008 by Art. 30. Amendments noted where applicable.]
A.Â
Purpose. The purpose of this Stormwater Management
Bylaw is to:
(1)Â
Protect, maintain and enhance the public safety, environment,
health, and general welfare by establishing minimum requirements and
procedures to control the adverse effects of development; and
(2)Â
Establish a mechanism by which the Town can meet the
requirements of its National Pollutant Discharge Elimination System
(NPDES) general permit.
B.Â
Compatibility with other permit and bylaw requirements.
This chapter is not intended to interfere with, abrogate or annul
any other bylaw, rule or regulation, statute, or other provision of
law. The requirements of this chapter should be considered minimum
requirements, and where any provision of this chapter imposes restrictions
different from those imposed by any other bylaw, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
C.Â
Adoption. This chapter is adopted under authority
granted by the Home Rule Amendment of the Massachusetts Constitution,
the Home Rule Statutes, and pursuant to the rules and regulations
of the Federal Clean Water Act found at 40 CFR 122.34, and as authorized
by the residents of the Town of Lexington under Article 30 at the
Annual Town Meeting of 2008.
D.Â
Enforcement authority. The Stormwater Agency shall
enforce this chapter and resulting regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations. Enforcement shall be further defined
and included as part of the Stormwater Management Regulations.
E.Â
Penalties. Any person violating this chapter is subject
to any applicable penalties or other legal enforcement action by the
Town.
F.Â
Appeals. The decisions or orders of the Stormwater
Agency shall be final. Further relief of a decision by the Stormwater
Agency made under this chapter shall be reviewable in the Superior
Court in an action filed within 60 days thereof, in accordance with
MGL c. 249, § 4.
G.Â
Remedies not exclusive. The remedies listed in this
chapter are not exclusive of any other remedies available under any
applicable federal, state or local law.
The definitions contained herein apply to the
interpretation and implementation of this chapter. Terms not defined
in this section shall be construed according to their customary and
usual meaning unless the context indicates a special or technical
meaning. Additional definitions may be adopted by separate regulation.
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 be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
Structural, nonstructural, and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment.
Any alteration, construction, disturbance, improvement or
modification of land or structures to accommodate a use, expansion
of use or redevelopment on a site.
A set of strategies that seek to maintain natural hydrologic
systems both during and after the development process. This approach
is implemented by engineering a site so that the post-development
hydrologic functions remain close to predevelopment conditions by
using design techniques that infiltrate, filter, store, evaporate
and detain stormwater runoff close to its source.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) designed or used for
collecting or conveying stormwater, which is not a combined sewer,
that is owned or operated by a city or town having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes,
that discharges to waters of the United States.
As authorized by the Federal Clean Water Act, the NPDES permit
program controls water pollution by regulating point sources that
discharge pollutants into waters of the United States.
A term used to describe the water from rain, snowmelt or
irrigation that flows over the land surface and is not absorbed into
the ground, instead flowing into streams or other surface waters or
land depressions.
The parcel of land being developed or a designated planning
area in which the land development project is located.
Water that accumulates on land because of storms, and can
include runoff from urban areas such as roads and roofs.
The Town's Department of Public Works Engineering Division
is designated to administer, implement and enforce this chapter.
The entity responsible for adopting regulations pursuant
to this chapter.
The use of structural or nonstructural practices that are
designed to reduce and control stormwater runoff pollutant loads,
discharge volumes and/or peak flow discharge rates.
A permit issued by the Stormwater Agency, after review of
an application, plans, calculations, and other supporting documents,
approving a system that is designed to protect the environment of
the Town from the deleterious effects of uncontrolled and untreated
stormwater runoff.
A.Â
Prohibited activities. The prohibition of illicit
connections and discharges to the municipal storm sewer system is
necessary for the protection of local water bodies and groundwater
and to safeguard public safety, health and welfare.
(1)Â
Illicit discharges. No person shall dump, discharge,
cause or allow to be discharged any pollutant or nonstormwater discharge
into the municipal separate storm sewer system (MS4), into a watercourse,
or into the waters of the commonwealth.
(2)Â
Illicit connections. No person shall construct, use, allow, maintain or continue any connection to the municipal storm sewer system, except as exempted in Subsection B below.
(3)Â
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 written
approval from the Stormwater Authority.
(4)Â
Alteration of the MS4. No person shall modify or remove
any part of the MS4 including surface drainage or piping that crosses
private property if it serves the public as part of the drainage system.
B.Â
Exemptions. Stormwater discharges that are wholly
subject to jurisdiction under the Wetlands Protection Act or the Wetland
Protection Code of Lexington[1] and demonstrate compliance with the Massachusetts Storm
Water Management Standards as most recently revised and updated in
accordance with revisions to the wetlands regulations, 310 CMR 10.00,
and as reflected in an order of conditions or in a determination of
applicability issued by the Conservation Commission are exempt from
compliance with this section of the chapter.
A.Â
Applicability. This chapter shall be applicable to
the following activities:
(1)Â
Any activity that results in a land disturbance greater
than one acre of land, or any activity that disturbs less than one
acre if that project is part of a larger common plan of development
that eventually will disturb more than one acre of land; or
(2)Â
A new dwelling on a vacant lot, a new dwelling replacing
an existing dwelling, or the reconstruction of an existing dwelling
that is demolished to the extent of 50% or more of its replacement
cost, as determined by the Building Commissioner or designee; or
B.Â
Exemptions. No person who meets the applicability
of this chapter shall alter land within the Town of Lexington without
having obtained a stormwater management permit, except as follows:
(1)Â
Any work or projects for which all necessary approvals
and permits have been issued before the effective date of this chapter;
(2)Â
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act, MGL c. 131, § 40,
and its implementing regulations at 310 C.M.R. 10.04;
(3)Â
Use of land for the primary purpose of agriculture,
horticulture, floriculture, or viticulture, or the use, expansion,
or reconstruction of existing structures for the primary purpose of
agriculture, horticulture, floriculture, or viticulture, as protected
under the Zoning Act, MGL c. 40A, § 3;
(4)Â
Customary cemetery management;
(5)Â
Stormwater discharges that are wholly subject to jurisdiction
under the Wetlands Protection Act or the Wetland Protection Code of
Lexington and demonstrate compliance with the Massachusetts Storm
Water Management Standards as most recently revised and updated in
accordance with revisions to the wetlands regulations, 310 CMR 10.00,
and as reflected in an order of conditions or in a determination of
applicability issued by the Conservation Commission.
(6)Â
The construction, reconstruction, or repair of any
fence or wall that will not alter the existing terrain or drainage
patterns;
(7)Â
Construction of utilities (gas, water, electric, telephone,
etc.) other than drainage, which will not permanently alter terrain,
ground cover, or drainage patterns;
(8)Â
Emergency repairs to any stormwater management facility
or practice that poses a threat to public safety or health, or as
deemed necessary by the Stormwater Authority.
A.Â
The Stormwater Authority. The Select Board shall be
the Stormwater Authority.
[Amended 3-27-2019 ATM by Art. 34]
B.Â
Stormwater management regulations. The Select Board
may adopt, and periodically amend, rules and regulations relating
to the terms, conditions, definitions, enforcement, fees (including
application, inspection, and/or consultant fees), procedures and administration
of this Stormwater Management Bylaw after conducting a public hearing
to receive comments on any proposed revisions. Such hearing dates
shall be advertised in a newspaper of general local circulation at
least 14 days prior to the hearing date. After public notice and public
hearing, the Stormwater Authority may promulgate rules and regulations
to effectuate the purposes of this chapter.
[Amended 3-27-2019 ATM by Art. 34]
C.Â
The Stormwater Agency. The Town's DPW Engineering
Division shall be responsible for the day-to-day administration of
the Stormwater Management Bylaw and the stormwater management permit
granting authority.
D.Â
Actions by the Stormwater Agency. The Stormwater Agency
shall take final action within 21 days from the receipt of a complete
application unless such time is extended by written agreement between
the applicant and the Agency. The Stormwater Agency may take any of
the following actions on an application for a stormwater management
permit:
E.Â
Stormwater "buy-out." The Stormwater Agency may allow
the applicant to contribute to the construction of a public or shared
stormwater facility in lieu of an on-site stormwater facility where
it has been demonstrated that there is not sufficient space for on-site
stormwater best management practices.
F.Â
Waivers.
(1)Â
The Stormwater Agency may waive strict compliance
with any requirement of this chapter, where such action is allowed
by federal, state and local law or regulations, is in the public interest
and consistent with the purpose and intent of the chapter.
(2)Â
Any applicant may submit a written request for a waiver
as part of the application process. Such a request shall be accompanied
by an explanation or documentation supporting the waiver request and
demonstrate that strict application of the chapter or regulations
is not necessary to meet the purposes or objectives of the chapter.
G.Â
Stormwater utility. The Stormwater Agency may recommend
to the Select Board the formation of a stormwater utility, pursuant
to MGL c. 83, § 16 and c. 40, § 1A, as a special
assessment district to generate funding specifically for stormwater
management. Users within the district pay a stormwater fee, and the
revenue thus generated directly supports maintenance and upgrade of
the existing municipal separate storm sewer system (MS4); development
of drainage plans, flood control measures, and water quality programs;
administrative costs; and construction of major capital improvements.
[Amended 3-27-2019 ATM by Art. 34]
The use of nonstructural LID management practices
and better site design are encouraged to minimize reliance on structural
management measures. The use of better site design and/or LID management
practices may, if approved by the Stormwater Agency, also allow for
a reduction in the treatment volume, a reduction of applicable fees
associated with the project, or other incentive approved by the Agency.
If any court of competent jurisdiction declares
that any section, provision, paragraph, sentence, or clause of this
chapter, or any rule or regulation promulgated hereunder, is invalid
or unconstitutional, any other section, provision, sentence or clause
thereof, or other rule or regulation promulgated hereunder, shall
remain in full force and effect.
