[HISTORY: Adopted by the Conservation Commission of the Town of Ashland 5-28-2008. Amendments noted where applicable.]
GENERAL REFERENCES343a Application for a Stormwater Man. Permit 343b Sample Notice of Public Hearing 343c Stormwater Management Permit Worksheet
Soil removal — See Ch. 242.
Stormwater management — See Ch. 247.
Wetlands protection — See Ch. 280.
Zoning — See Ch. 282.
Sewers — See Ch. 326.
The purposes of these Stormwater Management Regulations are 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 increased post-development stormwater runoff, decreased groundwater recharge, and nonpoint source pollution associated with new development and redevelopment, as more specifically addressed in the Stormwater Management Bylaw of the Town of Ashland.
Establish uniform regulations and procedures for conducting the business of the Conservation Commission under its jurisdiction as a Permit Granting Authority for the Ashland Stormwater Management Bylaw.
The Rules and Regulations (Regulations) contained herein have been adopted by the Town of Ashland Conservation Commission (Commission) in accordance with the Town of Ashland Stormwater Management Bylaw (hereinafter "The Bylaw").
Nothing in these Regulations is intended to derogate from or replace the requirements of the Town of Ashland Wetlands Protection Bylaw or any Rules and Regulations adopted thereunder.
These Stormwater Regulations may be periodically amended by the Commission in accordance with the Town of Ashland Stormwater Management Bylaw.
The Stormwater Management Bylaw is applicable to illicit discharges and all new development and redevelopment, including, but not limited to, site plan applications, subdivision applications, grading applications, land use conversion applications, any activity that will result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land, or any activity that will alter the drainage characteristics of a parcel of land, unless exempt pursuant to the Stormwater Management Bylaw.
Any person applying for a Stormwater Management Permit (hereinafter "SMP") under the Stormwater Management Bylaw, whether or not governed by any other federal, state or local regulations, laws, permits, variances, approvals, or programs, shall comply with the provisions of these Regulations. An SMP shall be required from the Commission for the following:
Any activity subject to Site Plan Review (§ 282-6);
Any activity that will result in soil disturbance of 10,000 square feet, or more than fifty percent (50%) of the parcel or lot, whichever is less;
Any residential development or redevelopment of five (5) or more acres of land proposed pursuant to "the Subdivision Control Law" G.L. c. 41, sections 81K to 81GG inclusive, or proposed under a special permit process pursuant to G.L. c. 40A, sec. 9;
Any activity that will increase the amount of impervious surfaces more than 50% of the area of a parcel or lot, and
Any activity that will disturb land with 15% or greater slope and where the land disturbance is greater than or equal to 5,000 square feet within the sloped area.
Any activity that will alter, fill or degrade a wetland, body of water, floodplain or isolated depression subject to flooding.
The following activities are exempt from the requirements of The Bylaw:
Normal maintenance of Town owned public land, ways and appurtenances;
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation, 310 CMR 10.04, and MGL Chapter 40A, Section 3;
Repair or replacement of septic systems when approved by the Board of Health for the protection of public health;
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 100 cubic yards of soil material, or alteration of drainage patterns;
The construction of fencing that will not alter existing terrain or drainage patterns;
Construction and associated grading of a way that has been approved by the Planning Board;
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 fourteen (14) days prior to commencement of activity;
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, or
The definitions contained herein apply to issuance of an SMP established by the Town of Ashland Stormwater Management Bylaw and implemented through these Stormwater Regulations. Terms not defined in this section or in The Bylaw shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning.
The Conservation Commission shall administer, implement and enforce these Regulations. Projects or activities approved by the Conservation Commission shall be deemed in compliance with the intent and provisions of these Stormwater Regulations.
Anyone may file an application for an SMP provided that the property owner of record has signed the application form thereby granting his/her consent to the filing of the application. An Applicant has the option of an informal meeting with the Commission prior to filing the Application to receive informal guidance to facilitate the processing of the application. Any informal guidance provided to the applicant shall not be construed as an approval or endorsement of the project.
Engineering and Consultant Reviews and Fees
Consultant fees shall be determined at the time of filing of an application based on a specific scope of work as the Commission may determine.
The services for which a consultant may be utilized include, but are not limited to, hydrologic and drainage analysis, stormwater quality analysis, site inspections, as-built plan review, and analysis of legal issues.
The Commission is authorized to require an Applicant to pay reasonable costs and expenses for certain activities which utilize the services of Town Staff in connection with review or consideration of a pending SMP application.
Subject to applicable law, any unused portion of any fees collected shall be returned by the Commission to the Applicant within forty-five calendar days of a written request by the Applicant upon completion of the project.
The Engineering and Consultant Review fees collected under these Regulations shall be deposited in an escrow account.
Appeal from the Selection of the Consultants - The Applicant may appeal from the selection of an outside review consultant to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The Applicant must identify the specific grounds which the Applicant claims constitute a conflict of interest or a failure to meet minimum professional requirements.
Appeal from Selection of the Consultant shall result in a stay of the time period for deliberation of the application until the appeal is resolved.
Submission of an Application
Review of Application
All plan sheets and engineering calculations shall bear the seal and/or signature of a Qualified Professional as appropriate to the data.
Entry - Filing an application for an SMP grants the Commission, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting SMP
Editor's Note: A copy of the application form is included at the end of this chapter.
A completed Application Form with original signatures of all owners;
A list of abutters;
Payment of the application and review fees;
Inspection and Maintenance agreement/s;
Surety bond, if required, and
Other Permits, Approvals and Variances.
List and copies of variances, special permits, and other permits previously issued by other Town boards or departments, State and Federal agencies, and a list of any variances or permits required to complete the proposed work, as well as a town treasurer's certification that the applicant has no outstanding tax liabilities with the town.
Recorded Plans and Deeds: A copy of the most recently recorded plan(s) and deed(s) for the lot(s) on which the work will take place bearing the book number(s), page number(s), and date(s) of recording(s) or registration(s).
Locus Plan: A locus plan at a scale appropriate for the proposed project showing the area within a 1/2 mile radius of the site, Zoning Districts and property boundary lines, surface water bodies, wetlands, existing and future planned public wells, private wells, major roadways and other landmarks.
Site Composite Plan: One or more plan sheets with a detailed legend for all symbols used, and a detailed site data table for all relevant dimensional information, showing the following:
Wellhead Protection Zone(s) in which the site and lot are located, if any;
Total lot area and areas of Floodplain District (Section 282-36 of the Code of the Town of Ashland) and Wetlands on the lot (in percent and square feet);
Existing/Proposed areas (in percent and square feet) of impervious cover, open space, undisturbed open space with such areas clearly delineated on plan. Limits of clearance and disturbance as it will be staked and marked in the field for construction purposes;
Natural Features, including surface water bodies, wetlands, land within the Floodplain District, natural drainage courses, ledge outcropping, vegetation, soils;
Existing and proposed structures and impervious cover;
Pre- and post-development topography in two (2) foot contours, or as appropriate to the proposed development, with reference to the NGVD of 1929;
A sufficient number of test pits and test information shall be provided to demonstrate the reasonable accuracy of the groundwater elevation in areas where stormwater runoff is proposed to be infiltrated into the ground. The applicant shall demonstrate that at least 2-feet of separation is present from the bottom of the infiltration device to the maximum groundwater elevation;
Location of existing and proposed area on site with the shortest distance between the surface and the estimated seasonal high groundwater elevation;
Reference of location of nearest public wells, and known private wells on abutting properties with distance and direction to them;
Stormwater management, showing the location and elevations of the various features of the site stormwater management system;
Erosion, sedimentation and siltation control devices to be utilized during construction, and
Existing/proposed water supply on site, if any.
Construction Detail Sheet: Construction details for entire site drainage and management including: pipe sizes; catch basins; manholes; detention/retention ponds with lining, vegetation and overflow structure; leaching facilities; floor drains; diversion boxes; slide gates; etc. Sedimentation, siltation, and erosion control devices. Details of tanks, containment structures, vapor recovery systems as applicable and of any other pollution control/prevention devices.
Drainage Calculations, Treatment of Runoff: Storm drainage runoff calculations and description of proposed surface runoff renovation concept. The calculations must be based on a recognized standard method (rational formula or Soil Conservation Service (SCS) method) and must contain a written summary explaining the rationale of the design approach. Full documentation is required including charts, tables, diagrams and the name/type of computer software application used.
Earth Removal/Fill Calculations: Calculations for determining the volume of earth to be removed from or introduced to the site with full documentation of calculations including reference of method used. The source and description of the fill material to be used. A written summary is required.
Land Use description: Detailed and specific description of existing and proposed land use(s) understandable by a lay person.
Emergency Response Plan: If deemed necessary by the Commission, a complete Emergency Response Plan with profile of events that could adversely affect the groundwater or surface water. Location of emergency response equipment stored on site and list of equipment shall be included. A plan to educate employees on the general concept of stormwater management and groundwater protection, and to train employees for the specific events expected to be incurred during an emergency situation on the site shall be included.
Stormwater Management Plan Contents: The application for an SMP shall include the submittal of a Stormwater Management Plan to the Conservation Commission. This 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 runoff. This plan shall be in accordance with the criteria established in these regulations and must be submitted with the stamp and signature of a Qualified Professional.
The Stormwater and Erosion Plan shall ensure that the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons. Refer to the latest version of the Massachusetts Erosion & Sediment Control Guidelines for Urban & Suburban Areas, for detailed guidance. The Stormwater Management Plan shall fully describe the project in drawings, narrative, and calculations.
It shall include:
Contact Information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected;
A locus map, north arrow, map scale;
The existing zoning, and land use at the site;
The proposed land use;
The location(s) of existing and proposed property lines and easements;
The location of existing and proposed utilities, roads, Scenic Roads, structures and other impervious areas;
The site's existing and proposed topography, including existing and proposed slopes with contours at 2 foot intervals;
The existing site hydrology;
A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;
A delineation of 100-year floodplains, if applicable;
Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration;
A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths, including municipal drainage system flows;
A description and drawings of all components of the proposed stormwater management and erosion control systems including:
Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;
Detailed drawings, structural details, materials to be used, construction specifications, and design calculations of all temporary and permanent stormwater, erosion and sediment control structures and devices;
Narrative that includes a discussion of each measure, its purpose, its construction sequence and installation timing as they relate to soil disturbance;
A plan showing areas of vegetation alteration, soil disturbance and areas of cut and fill;
The project's phases as they relate to vegetation alteration, soil disturbance, cut and fill, including protected designated stockpile locations with a tabulated sequence of construction and construction schedule, including earthworks;
Proposed schedule for the inspection and maintenance of erosion control measures for the project throughout the construction period;
Name and 24hr/7day contact information of the person responsible for the site's development;
The structural details for all components of the proposed drainage systems;
Notes on drawings specifying materials to be used, construction specifications, and expected hydrology with supporting calculations;
Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;
Any other information requested by the Conservation Commission.
Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in this Regulation. Such calculations shall include:
Description of the design storm frequency, intensity and duration;
Time of concentration;
Soil Runoff Curve Number (RCN) based on land use and soil hydrologic group;
Peak runoff rates and total runoff volumes for each watershed area;
Information on construction measures used to maintain the infiltration capacity of the soil where any kind of infiltration is proposed;
Infiltration rates, where applicable;
Data on the increase in rate and volume of runoff for the specified design storms;
Documentation of sources for all computation methods and field test results;
Post-development downstream analysis if deemed necessary by the Conservation Commission;
Soils information from test pits performed at the location of proposed stormwater management facilities, including but not limited to soil descriptions, depth to seasonal high groundwater, depth to bedrock, and percolation rates. Soils information will be based on site test pits logged by a Massachusetts Registered Soil Evaluator, or a Massachusetts Registered Professional Engineer, and
Landscaping plan describing the woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater practice.
Operation and Maintenance Plan Contents: An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all projects. The Plan shall be designed to ensure compliance with the SMP, this Bylaw and that the Massachusetts Surface Water Quality Standards, 314 CMR 4.00, are met throughout the life of the system. The Operation and Maintenance Plan shall remain on file with the Commission and shall be an ongoing requirement.
The O&M Plan shall include:
The name(s) of the owner(s) for all components of the system;
Name and 24hr/7day contact information of the person responsible for the site's O&M Plan;
A map showing the location of the systems and facilities including catch basins, manholes/access lids, main, and stormwater devices;
Maintenance agreements that specify:
The names and addresses of the person(s) responsible for operation and maintenance;
The person(s) responsible for financing maintenance and emergency repairs;
An Inspection and Maintenance Schedule for all stormwater and erosion control management facilities including routine and non-routine maintenance tasks to be performed;
A list of easements with the purpose and location of each;
The signature(s) of the owner(s), and
An Inspection and Maintenance Schedule log sheet shall be created at commencement of construction. The log sheets shall be maintained and filled out whenever inspection or maintenance is performed, and the log sheets shall be made available for inspection upon request;
Stormwater Management Easement(s) - Stormwater management easements shall be provided by the property owner(s) as necessary for:
Access for facility inspections and maintenance;
Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event, and
Direct maintenance access by heavy equipment to structures requiring regular maintenance;
The purpose of each easement shall be specified in the maintenance agreement signed by the property owner;
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Commission;
Easements shall be recorded with the Middlesex County Registry of Deeds prior to issuance of a Notice of Completion by the Commission;
An Emergency Spill Response Plan shall be created for all sites that store hazardous materials during construction and/or post-development;
Changes to Operation and Maintenance Plans
The owner(s) of the stormwater management system must notify the Commission of changes in ownership or assignment of financial responsibility, and
The maintenance schedule in the Maintenance Agreement may be amended to achieve the purposes of this Regulation by mutual agreement of the Commission and the Responsible Parties. Amendments must be in writing and signed by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility.
At a minimum all projects shall comply with the performance standards of the most recent version of Massachusetts Department of Environmental Protection (DEP) Stormwater Management Standards, as well as the following.
No Untreated Discharges - All stormwater runoff generated from land development and land use conversion activities shall not discharge untreated stormwater runoff directly to a wetland, local water body, municipal drainage system, or abutting property, without adequate treatment.
Channel Protection - Protection of channels from bank and bed erosion and degradation shall be provided by controlling the peak discharge rate from the 2-year storm event to the pre-development rate as required by the MA DEP Stormwater Management Standards.
Overbank Flooding Protection - Downstream overbank flood and property protection shall be provided by attenuating the post-development peak discharge rate to the pre-development rate for the 10-year, 24-hour return frequency storm event as required by the MA DEP Stormwater Management Standards.
Extreme Flooding Protection - Extreme flooding and public safety protection shall be provided by evaluating the 100-year, 24-hour return frequency storm event to demonstrate no increased flooding impacts off-site, as required by the MA DEP Stormwater Management Standards.
Recharge - Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and non-structural methods. At a minimum, annual recharge from the post-development site shall mimic the annual recharge from pre-development site conditions.
Structural Practices for Water Quality - Presumed Compliance with Massachusetts Water Quality Standards All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the most recent version of the Massachusetts DEP Stormwater Management Manual.
Sensitive Areas - Stormwater discharges to critical areas with sensitive resources (i.e., swimming areas, aquifer recharge areas, water supply reservoirs, vernal pools) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the Conservation Commission.
Hotspots - Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", such as auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances, or marinas, as defined in the most recent version of the MA DEP Stormwater Management Manual or superseding manual require the use of specific stormwater management BMPs as specified in the most recent version of the MA DEP Stormwater Management Manual or superseding manual. The use of infiltration practices without pretreatment is prohibited.
The Commission shall set the date, time, and place of the public hearing, which shall be held within 60 days of the application filing date.
Notice of Public Hearing
A notice of the public hearing shall also be published at the expense of the Applicant in a newspaper of general circulation in Ashland not less than five (5) days before the day of the public hearing. The contents of this published notice shall be as above for the Parties In Interest.
Failure to properly notify the Certified List of Abutters and to publish a notice of the public hearing could render the public hearing invalid and could cause delays in the processing of the Application.
Editor's Note: A sample notice of public hearing is included at the end of this chapter.
Withdrawal of Application
Time Period for Deliberation
Continuation and Extension - The period within which final action shall be taken may be extended for a defined period by written agreement between the Commission and the Applicant. In the event that the Commission determines that the application is inadequate for the Commission to make a finding, the Commission may, at its discretion, continue the public hearing to a later date to permit the Applicant to submit a revised application.
At its discretion, the Commission may require that an additional fee be paid by the Applicant prior to the close of the public hearing if such a continuation results from a deficiency in the original application. Such a continuation may not automatically extend the 90-day period within which final action shall be taken by the Commission unless the extension is agreed upon by both the Commission and the Applicant.
The Commission's action, rendered in writing, shall consist of either:
Approval of the SMP Application based upon determination that the proposed plan meets the standards set forth in these Regulations and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this Bylaw;
Approval of the SMP Application subject to any conditions, modifications or restrictions required by the Commission which will ensure that the project meets the Standards set forth in these Regulations and adequately protects water resources, set forth in this Bylaw;
Disapproval of the SMP Application based upon a determination that the proposed plan, as submitted, does not meet the standards set forth in these Regulations and/or does not adequately protect water resources, as set forth in this Bylaw.
The Commission may disapprove an application "without prejudice" where an Applicant fails to provide requested additional information that in the Commission's opinion is needed to adequately describe the proposed project.
Plan Changes - The permittee must notify the Conservation Commission in writing of any drainage change or alteration in the system authorized in an SMP before any change or alteration is made. If the Conservation Commission determines that the change or alteration is significant, based on the Stormwater Management Standards in these Regulations and accepted construction practices, the Conservation Commission may require that an amended application be filed.
Appeals of Actions of the Conservation Commission
Limitation of the Decision
Amending an SMP
Notice of Construction Commencement
At the discretion of the Commission, periodic inspections of the stormwater management system construction shall be conducted by the Commission or its designee, the Building Inspector, the DPW Director, and/or a professional engineer. The inspector shall document all inspections and prepare written reports that contain the following information:
The Commission or its designee may inspect the project site at the following stages, at a minimum:
Initial Site Inspection: prior to approval of any plan;
Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan, and
Stormwater Management System Inspection: An inspection will be made of the completed stormwater management system, prior to backfilling of any underground drainage or stormwater conveyance structures.
After the stormwater management system has been constructed and before the surety has been released, all Applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed and must be certified by a Qualified Professional.
The Commission or its designee shall inspect the system to confirm its As-Built features. This inspector shall also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he shall so report to the Commission which will issue a Notice of Completion. As-built plans shall reflect the as-built conditions, including all final grades, developed by a Qualified Professional. All changes to project design should be recorded in red ink on plans to define changes made. All work deleted, corrections in elevations, and changes in materials, should be shown on the as-built drawings.
Inadequacy of System
If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the Applicant before the Notice of Completion is released. If the Applicant fails to act, the Commission may use the surety bond to complete the work.
If the Commission determines that there is a failure to comply with the plan, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. A Stop Work Order may be issued until any violations are corrected and all work previously completed has received approval by the Commission.
Stormwater management facilities and practices included in a stormwater management plan with an inspection and maintenance agreement in accordance with these Regulations must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Regulation.
The owner of the property on which work has been done pursuant to this Regulation for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.
All stormwater management facilities must undergo inspections by the system owner or operator to document maintenance and repair needs and ensure compliance with the requirements of this bylaw and accomplishment of its purposes as specified in the Operation and Maintenance Plan and Maintenance Agreement described in these Regulations.
At a minimum, inspections shall occur quarterly during the first year of operation, and once a year thereafter. In addition, a maintenance agreement as specified by these Regulations between the owner and the Commission shall be executed for privately-owned stormwater management systems that specify the Responsible Party for conducting long term inspections.
Inspection reports may be required to be submitted to and maintained by the Commission for all stormwater management systems. Inspection reports for stormwater management systems shall include:
The date of inspection;
Name of inspector;
The condition of:
Vegetation or filter media;
Fences or other safety devices;
Spillways, valves, or other control structures;
Embankments, slopes, and safety benches;
Reservoir or treatment areas;
Inlet and outlet channels and structures;
Sediment and debris accumulation in storage and forebay areas (including catch basins);
Any nonstructural practices;
Any other item that could affect the proper function of the stormwater management system;
Description of the need for maintenance.
Right-of-Entry for Inspection
Records of Maintenance and Repair Activities
Failure to Maintain
If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Commission, after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The Town of Ashland may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property. Said assessment shall run with the land and shall be binding upon the Applicant, its successors in interest and assigns, and shall be enforceable by the Town of Ashland. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.
After notification is provided to the person responsible for carrying out the maintenance plan of any deficiencies discovered from an inspection of a stormwater management system, the person responsible for carrying out the maintenance plan shall have 30 days or other time frame mutually agreed to between the Commission and the person responsible for carrying out the maintenance plan to correct the deficiencies. The Commission shall then conduct a subsequent inspection to ensure completion of repairs.
Upon completion, the applicant is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall provide regular inspections sufficient to adequately document compliance.
The Commission will issue a document certifying completion upon receipt and approval of the final inspection and reports and/or upon otherwise determining that all work of the SMP has been satisfactorily completed in conformance with this Regulation.
The Commission or an authorized agent of the Commission shall enforce this Bylaw, Regulations, orders, violation notices, and enforcement orders, and may pursue all civil, criminal and non-criminal remedies for such violations.
Notices and Orders
The Commission or an authorized agent of the Commission 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:
Issuance of a Stop Work Order for construction or land disturbing activity until there is compliance with the Bylaw and the SMP;
Repair, maintain; or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan;
Perform monitoring, analyses, and reporting;
Fix adverse impact resulting directly or indirectly from malfunction of the stormwater management system.
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. Said order may further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Ashland may, at its option, undertake such work, and the property owner shall reimburse the Town of Ashland for expenses incurred.
Within thirty (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 Ashland including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Commission within thirty (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 thirty (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 provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.
Any person who violates any provision of this chapter, or regulations, permits or administrative orders issued thereunder shall be punished by a fine of $300. Each day or portion thereof during which a violation continues, or unauthorized fill or alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations and permits or administrative orders violated shall constitute a separate offense.
The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any SMP or determination that previously has been issued. Accepted unanimously by the Conservation Commission On May 28, 2008