[HISTORY: Adopted by the Annual Town Meeting of the Town
of Wayland 4-10-2008 by Art. 25;
amended in its entirety by the Annual Town Meeting 4-6-2015 by Art. 19. Subsequent amendments noted
where applicable.]
A.
The purpose of this chapter is to:
(1)
Protect the quantity and quality of water recharge to the Town's
water supply aquifers;
(2)
Protect cold water fisheries and other designated outstanding water
resources from discharges of toxic pollutants, nutrients, and temperature
changes;
(3)
Protect and enhance wildlife habitat;
(4)
Protect streams, rivers, and private property from additional flood
damage from changed flow patterns.
B.
This chapter seeks to implement these goals through the following
objectives:
(1)
Complement and expand upon the requirements of state and federal
statutes and regulations relating to stormwater and illicit discharges;
(2)
Establish provisions for long-term responsibility for and maintenance
of structural stormwater control facilities/devices and nonstructural
stormwater management practices to ensure they continue to function
as designed, are maintained, and pose no threat to public safety;
(3)
Ensure that soil erosion control measures, sedimentation control
measures and stormwater runoff control practices are incorporated
into the site planning and design process and are implemented and
maintained;
(4)
Require that new development and redevelopment maintain the pre-development
hydrologic characteristics in the post-development state as nearly
as practicable in order to reduce flooding, stream bank erosion, and
non-point source pollution, to maintain the integrity of stream channels
and aquatic habitats and to provide protection from property damage.
(5)
Establish minimum design criteria for the protection of properties
and aquatic resources downstream from land development and land conversion
activities from damages due to increases in volume, velocity, frequency,
duration and peak flow rate of stormwater runoff; establish minimum
design criteria for BMP measures to minimize point and non-point source
pollution from stormwater runoff which would otherwise degrade water
quality;
(6)
Control the volume and rate of stormwater runoff resulting from land
disturbance activities; establish minimum post-development stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality; establish minimum design
criteria for the protection of properties and aquatic resources downstream
from land development, redevelopment and land conversion activities
from damages due to increases in volume, velocity, frequency, duration
and peak flow rate of stormwater runoff;
(7)
Establish minimum design criteria for BMP measures to minimize point
and non-point source pollution from stormwater runoff which would
otherwise degrade water quality;
(8)
Require that there be no increase in post-development discharge from
storm drainage systems or any other changes in post-development conditions
that alter the post-development watershed boundaries;
(9)
Require that all catch basin discharge points or other point source
discharge points shall be designed with structures to disperse stormwater
energy;
(10)
Encourage the use of non-structural stormwater management and
low-impact stormwater site design standards such as reducing impervious
cover and the preservation of open space and other natural areas;
(11)
Require practices to control waste such as discarded building
materials, truck washouts, chemicals, litter and sanitary waste at
construction sites that may cause adverse impacts to water quality;
(12)
Ensure compliance with the provisions of this bylaw through
inspection, monitoring and enforcement;
(13)
Establish provisions to ensure there is an adequate funding
mechanism, including a performance guarantee, for the proper review,
inspection and long-term maintenance of stormwater facilities implemented
as part of this chapter;
(14)
Establish 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.
The following definitions shall apply in the interpretation
and implementation of this chapter.
Shall include, but is not limited to, one or more of the
following actions upon areas described in this bylaw:
The removal, excavation or dredging of soil, sand, gravel or
aggregate material of any kind;
The changing of pre-existing drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow
patterns and flood storage retention areas;
The drainage or disturbance of the water level or water table;
the dumping, discharging or filling with any material or drainage
which could degrade the water quality;
The driving of piles; erection of buildings or structures of
any kind;
The placing of obstructions, including docks and piers, whether
or not they interfere with the flow of water;
The destruction of plant life, including the cutting of trees;
The changing of water temperature, biochemical oxygen demand
and other natural characteristics of the receiving water;
Any activity, change or work which pollutes or degrades the
quality of any stream, body of water, wetland, buffer zone, or water
resource area, whether located in or out of the Town of Wayland;
The flowage of water, piped or otherwise channelized, through
irrigation or other unnatural means into or onto any wetlands, buffer
zones, and related water resources.
The Wayland Conservation Commission, hereinafter the Commission,
its employees or agents designated to enforce this chapter.
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 non-point source pollution, and promote stormwater quality
and protection of the environment.
Structural BMPs are devices that are engineered and constructed
to provide temporary storage and treatment of stormwater runoff.
Nonstructural BMPs use natural measures to reduce pollution
levels, do not require extensive construction efforts, and/or promote
pollutant reduction by eliminating the pollutant source.
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural stormwater
management practices. Better site design includes conserving and protecting
natural areas and open space, reducing impervious cover, and using
natural features for stormwater management.
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 construction sites that may adversely impact water quality.
The modification of land to accommodate a new use or expansion
of an existing use, usually involving construction.
A general outflow term including flow from a pipe into a
stream, or from a stream to a body of water.
DISCHARGE POINTThe outlet of a pipe or a particular location along a stream.
DISCHARGE (FLOW) RATEVolume of water passing a particular point in a given time.
DISCHARGE (FLOW) VOLUMEIncludes both sheet runoff and point source discharges from pipes or stream channels.
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 Certified Professional
in Erosion and Sedimentation Control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbance activities.
Any direct or indirect discharge to the municipal separate
storm sewer system and municipal storm drain system that is not composed
entirely of stormwater, except for projects exempted by this bylaw
or regulations issued thereunder. The term does not include a discharge
in compliance with an NPDES stormwater discharge permit or resulting
from fire-fighting activities.
Any material or structure on or above the ground that prevents
water infiltration to the underlying soils. "Impervious surface" includes
without limitation roads, paved parking lots, sidewalks, stone patios,
decking, and rooftops.
The movement of water downward into the soil. Infiltration
is important to replenishing the groundwater.
Any activity including clearing, the removal of trees and
other vegetation that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns.
Work permitted by right under this chapter, providing that
there is an approved erosion and sediment control plan for the land-disturbing
activity.
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 the Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56.
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 Wayland.
Ground covers of native plants species and other trees, shrubs,
and/or grasses that are not mowed more than twice a year.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
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 human-made pollutants, finally
depositing them into water resource areas.
National Pollutant Discharge Elimination System, a permit
program of the Clean Water Act administered by the Environmental Protection
Agency, Region I, for the Commonwealth of Massachusetts.
A plan setting up 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.
A pipe or conduit discharging water.
A person with a legal or equitable interest in property.
The 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 the phase of a new
development or redevelopment project after completion and does not
refer to the construction phase of the project.
All activity in preparation for construction.
The replenishment of underground water reserves.
Any ground surface disturbing construction, alteration, demolition,
or improvement of a parcel of land that currently lacks a natural
vegetated state and contains alterations by man-made activities.
Water from precipitation, rainfall, snowmelt, or irrigation,
which flows broadly over the ground surface as opposed to a channel.
Also called "stormwater runoff' or "direct runoff."
RUNOFF VOLUMEThe total volume of water that occurs as direct runoff from a given rainfall event.
RUNOFF RATEThe volume of water passing a particular point in a given period of time, often expressed as cubic feet per second.
TOTAL RUNOFFIncludes both sheet or non-point runoff (water flowing over the ground and point sources from stream channels/pipes).
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.
Runoff from precipitation or snowmelt, surface water and
drainage.
The permit issued following a review of an application, plans,
calculations and other supporting documents, which is designed to
protect the environment of the Town of Wayland from deleterious effects
of uncontrolled and untreated stormwater runoff.
Any activity that removes vegetative ground surface cover,
including, but not limited to, tree removal, clearing, grubbing, and
storage or removal of topsoil.
A measure of the sediments in a unit volume of water. Small
particles of mineral and organic matter that are suspended within
water runoff. TSS does not include sediment fractions larger than
two millimeters in size.
Any confined basin or depression not occurring in existing
lawns, gardens, landscaped areas, or driveways, which normally holds
water for a minimum of two continuous months during the spring and/or
summer, contains at least 200 cubic feet of water at some time during
most years, is free of adult predatory fish populations, and provides
essential breeding and rearing habitat functions for amphibian, reptile,
or other vernal pool community species. In addition this definition,
shall include any vernal pool certified by the Natural Heritage and
Endangered Species Program (NHESP) of the Massachusetts Division of
Fisheries and Wildlife.
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, coastal waters, and groundwater.
Chapter 194 of the Town Code.
Areas specified in the Massachusetts Wetlands Protection
Act and/or in Wayland's Wetlands and Water Resources Bylaw.
Wet meadows, marshes, swamps, bogs, and other areas where
groundwater, flowing or standing surface water or ice provide a significant
part of the supporting substrate for a hydrophilic plant community,
or emergent and submergent plant communities in inland waters.
This chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution.
A.
This chapter shall apply to all new development and redevelopment within the Town of Wayland, including, but not limited to, site plan applications, subdivision applications, grading applications, land use conversion applications, any activity that is likely to result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land, or any activity that is likely to alter the drainage characteristics of a parcel of land, unless exempt pursuant to § 193-4B of this chapter. An SMLDP shall be required for all new development and redevelopment regulated by this chapter.
B.
Exemptions. No person shall alter land within the Town of Wayland
without having obtained an SMLDP for the property, except for the
following activities:
(1)
Any activity disturbing an area less than 5,000 square feet; or 10%
of the lot area, whichever is less;
(2)
Any activity creating new impervious surface or increasing existing
impervious surfaces less than a total of 500 square feet;
(3)
Normal maintenance and improvement of land in agricultural use as
defined in 310 CMR 10.04 and MGL c. 40A, § 3;
(4)
Construction and repair of septic systems when required and approved
by the Board of Health for the protection of public health and in
compliance with Massachusetts Title V requirements, providing no other
local permit is needed and the applicant has implemented a soil erosion
plan that includes the use of sediment barriers, temporary and permanent
soil stabilization specifications, and containment of erodible materials;
(5)
Projects wholly within the jurisdiction of the Commission and requiring an Order of Conditions pursuant to the Wetlands Protection Act and/or a wetlands permit pursuant to Chapter 194 of the Town Code;
(6)
Construction activities associated with utilities (gas, water, electric,
telephone, fiber-optic cable) other than drainage, which will not
permanently alter terrain, ground cover or drainage patters;
(7)
Emergency repairs to any stormwater management facility or practice
that poses a threat to public health or public safety or as deemed
necessary by the Commission;
(8)
Any work or projects for which all necessary approvals and permits
have been issued prior to the effective date of this chapter;
(9)
Construction or reconstruction of an existing stonewall and all other
retaining walls less than 12 feet in length that will not deter drainage
or runoff;
(10)
The construction of any fence that will not alter existing terrain
or drainage patterns;
(11)
The repair or replacement of an existing roof of a single-family
dwelling;
(12)
Municipal activities for public safety or public health such
as water line flushing, street sweeping and dye testing, provided
notification is given to the Authorized Enforcement Agency.
A.
The Conservation Commission shall administer and implement this chapter.
B.
Stormwater and land disturbance regulations. The Commission may adopt,
and periodically amend, rules and regulations relating to the terms,
conditions, definitions, enforcement, fees (including application,
inspection and/or consultant), procedures and administration of this
chapter by majority vote of the Commission, after conducting a public
hearing to receive comments on any proposed revisions. Such hearing
date shall be advertised in a newspaper of general local circulation,
at least seven days prior to the hearing date. After public notice
and public hearing, the Commission may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure of the Commission
to promulgate such rules and regulations shall not act to suspend
of invalidate the effect of this chapter.
C.
Waiver: The Commission may waive strict compliance with any requirement
of this chapter or the rules and regulations promulgated hereafter,
where such action:
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 193-5 of this law.
The authorized enforcement agent shall enforce this chapter,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil (noncriminal) and criminal remedies for such
violations.
The invalidity of any section, provision, paragraph, sentence,
or clause of this chapter shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
