[Adopted 5-6-2008 ATM, Art. 22]
A.
The purpose of this bylaw is to protect, maintain and enhance
the public health, safety, environment and general welfare of the
Town of Northbridge by establishing minimum requirements and procedures
to control the adverse effects of increased post-development stormwater
runoff and nonpoint source pollution associated with new development
and redevelopment. It has been determined that proper management of
post-development stormwater runoff will minimize damage to public
and private property and infrastructure, safeguard the public health,
safety, environment and general welfare of the public, protect water
and aquatic resources, and promote groundwater recharge to protect
surface and groundwater drinking supplies. This bylaw seeks to meet
that purpose through the following objectives:
(1)
Establish decision-making processes surrounding land development
activities that protect the integrity of watersheds and preserve the
health of water resources;
(2)
Require that new development, redevelopment and all land conversion
activities maintain the after-development runoff characteristics that
are equal to or less than the pre-development runoff characteristics
in order to reduce flooding, stream bank erosion, siltation, nonpoint
source pollution, property damage, and to maintain the integrity of
stream channels and aquatic habitats;
(3)
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
and land conversion activities from damage due to increases in volume,
velocity, frequency, duration, and peak flow rate of stormwater runoff;
establish minimum design criteria for measures to minimize nonpoint
source pollution from stormwater runoff which would otherwise degrade
water quality;
(4)
Establish design and application criteria for the construction
and use of structural stormwater control facilities that can be used
to meet the minimum post-development stormwater management standards;
(5)
Encourage the use of nonstructural stormwater management practices,
stormwater better site design practices or "low-impact development
practices," such as reducing impervious cover and the preservation
of greenspace and other natural areas, to the maximum extent practicable;
(6)
Establish provisions for the long-term responsibility for and
maintenance of structural stormwater control facilities and nonstructural
stormwater management practices to ensure that they continue to function
as designed, are maintained, and pose no threat to public safety;
(7)
Establish provisions to ensure there is an adequate funding
mechanism, including financial security or surety, for the proper
review, inspection and long-term maintenance of stormwater facilities
implemented as part of this bylaw;
(8)
Establish administrative procedures for the submission, review,
approval or disapproval of stormwater management plans, and for the
inspection of approved active development projects, and long-term
follow up; establish certain administrative procedures and fees for
the submission, review, approval or disapproval of stormwater plans,
and the inspection of approved projects.
B.
Nothing in this bylaw is intended to replace the requirements
of either the Town of Northbridge Zoning Bylaw,[1] the Town of Northbridge General Wetlands Protection Bylaw,[2] or any other bylaw that may be adopted by the Town of
Northbridge. Any activity subject to the provisions of the above-cited
bylaws must comply with the specifications of each.
The following definitions shall apply in the interpretation
and implementation of this bylaw. 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. Alteration 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. "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 greenspace, reducing impervious cover, and using
natural features for stormwater management.
A permit issued for a development project that meets a set
of predetermined standards outlined in the Regulations to be adopted
by the Stormwater Authority under § 7-804 of this bylaw.
By meeting these predetermined standards, the proposed project will
be presumed to meet the requirements and intent of this bylaw.
Land uses or activities with higher potential pollutant loadings,
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.
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, §§ 23-56. 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.
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 as opposed to discrete
conveyances caused by water, rainfall or snowmelt moving over or 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.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the Commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Northbridge, and any other legal entity, its legal representatives,
agents, or assigns.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or parcel 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 a project.
The conditions that exist at the time that plans for the
land development of a site or parcel of land are submitted to the
Stormwater Authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions
at the time prior to the first plan submission shall establish pre-development
conditions.
The replenishment of underground water reserves.
Any construction, alteration, or improvement involving land
disturbance of more than 5,000 square feet, where the existing land
use is commercial, industrial, institutional, or multifamily residential.
The Stormwater Authority is responsible for coordinating
the review, approval and permit process as defined in this bylaw.
The Stormwater Authority shall be the Planning Board or its authorized
delegates or agents. The Planning Board shall have the authority to
delegate to other Town boards and commissions, including, but not
limited to, the Board of Health and the Conservation Commission, the
duties and responsibilities of the Stormwater Authority for those
matters, within the regulatory jurisdiction of such other boards and
commissions, as may be set forth in the Stormwater Regulations adopted
under § 7-804 of this bylaw. Other boards and/or departments
of the Town may participate in the review process as described in
such Stormwater Regulations.
A form of incentive for developers to promote conservation
of natural and open space areas that may be included in the Stormwater
Regulations adopted by the Stormwater Authority and may include provisions
for reductions in stormwater management requirements in recognition
of the use of techniques to reduce stormwater runoff at the site.
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
deleterious effects of uncontrolled and untreated stormwater runoff.
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.
A.
The Stormwater Authority shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees or agents.
B.
Stormwater Regulations. The Stormwater Authority may adopt,
and periodically amend, Stormwater Regulations to effectuate the purposes
of this bylaw, including terms, conditions, definitions, enforcement,
fees (including application, inspection, and/or consultant fees),
procedures and administration, by majority vote, after conducting
a public hearing to receive comments on the regulations or any proposed
revisions. Such hearing dates shall be advertised in a newspaper of
general local circulation, at least seven days prior to the hearing
date. Failure by the Stormwater Authority to promulgate such Stormwater
Regulations or a legal declaration of their invalidity by a court
shall not act to suspend or invalidate the provisions of this bylaw.
C.
Stormwater Management Manual. The Stormwater Authority will
utilize the policy, criteria and information including specifications
and standards of the latest edition of the Massachusetts Stormwater
Management Policy, or local equivalent, for execution of the provisions
of this bylaw. This policy includes a list of acceptable stormwater
treatment practices, including the specific design criteria for each
stormwater practice. The policy may be updated and expanded periodically,
based on improvements in engineering, science, monitoring, and local
maintenance experience. Unless specifically altered in the Stormwater
Regulations, stormwater management practices that are designed, constructed,
and maintained in accordance with these design and sizing criteria
will be presumed to be protective of Massachusetts water quality standards.
D.
General permit. The Stormwater Authority shall have the authority
to develop a General Stormwater Management Permit (GSMP) for specific
types of projects, such as, without limitation, construction of a
deck, patio, retaining wall, existing driveway expansion, shed, swimming
pool, tennis or basketball court. Any such General Stormwater Management
Permit requirements shall be defined and included as part of any Stormwater
Regulations promulgated pursuant to this bylaw.
E.
Actions by the Stormwater Authority. The Stormwater Authority
may take any of the following actions on an application for a Stormwater
Management Permit as may be more specifically described in the Stormwater
Regulations promulgated pursuant to this bylaw: approval, approval
with conditions, disapproval, or disapproval without prejudice.
F.
Appeals of action by the Stormwater Authority. A decision of the Stormwater Authority shall be final. Further relief from a decision by the Stormwater Authority made under this bylaw shall be by petition to the Superior Court in an action filed in accordance with MGL c. 249, § 4.
G.
Stormwater Credit System. The Stormwater Authority may adopt,
as part of the Stormwater Regulations, a Stormwater Credit System.
This credit system will allow applicants the option, if approved by
the Stormwater Authority, to take credit for the use of stormwater
better site design practices to reduce some of the requirements specified
in the Regulations. Failure by the Stormwater Authority to promulgate
such a credit system through its Stormwater Regulations or a legal
declaration of its invalidity by a court shall not act to suspend
or invalidate the provisions of this bylaw.
H.
Stormwater facility charges. The Stormwater Authority may adopt,
as part of the Stormwater Regulations, a system of stormwater facility
charges, pursuant to MGL c. 83, § 16. The Stormwater Authority
shall administer, implement and enforce the system of facility charges.
Failure by the Stormwater Authority to adopt such a system of facility
charges or a legal declaration of its invalidity by a court shall
not act to suspend or invalidate the provisions of this bylaw.
A.
This bylaw shall be applicable to 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 the a parcel of land, or any activity
that will alter the drainage characteristics of a parcel of land,
unless exempt pursuant to § 7-805B of this bylaw. No person
shall alter land within the Town of Northbridge without having obtained
a Stormwater Management Permit (SMP). All new development and redevelopment
under the jurisdiction of this bylaw shall be subject to the requirement
to obtain a Stormwater Management Permit.
B.
Exemptions. The following activities shall be exempt from the
requirement of a Stormwater Management Permit:
(1)
Any activity that will disturb an area less than 5,000 square
feet or less than 25% of a contiguous property, whichever is less.
(2)
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.
(3)
Maintenance of existing landscaping, gardens or lawn areas,
provided such maintenance does not include the alteration of drainage
patterns or expansion of the disturbed area.
(4)
Normal maintenance and repair of Town owned public land, ways
and appurtenances.
(5)
The construction of any fence that will not alter existing terrain
or drainage patterns.
(6)
Construction of utilities (gas, water, electric, telephone,
etc.) other than drainage, which will not alter terrain, ground cover,
or drainage patterns.
(7)
Repairs to any stormwater management facility or practice to
address an emergency that poses a threat to public health or safety,
or as deemed necessary by the Stormwater Authority.
(8)
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
C.
Redevelopment projects are presumed to meet the stormwater management
requirements specified in the Stormwater Regulations if the total
impervious cover is reduced by 40% from existing conditions. Where
site conditions prevent the reduction in impervious cover, stormwater
management practices shall be implemented to provide stormwater controls
for at least 40% of the site's impervious area. When a combination
of impervious area reduction and stormwater management practice implementation
is used for redevelopment projects, the combination of impervious
area reduction and the area controlled by a stormwater management
practice shall equal or exceed 40%.
D.
An alteration, redevelopment, or conversion of land use to a
hotspot such as, without limitation: 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,
shall require a Stormwater Management Permit.
Permit procedures and requirements shall be as described in
the Stormwater Regulations promulgated as permitted under § 7-804
of this bylaw.
The Stormwater Authority or an authorized agent of the Stormwater
Authority shall enforce this bylaw, the Stormwater Regulations, orders,
violation notices, and enforcement orders issued thereunder, and may
pursue all civil and criminal remedies for such violations. Any person
who violates any provision of this bylaw, the Stormwater Regulations
or any order or permit issued thereunder shall be punished by a fine
of not more than $300. Each day during which a violation exists shall
constitute a separate offense. As an alternative to criminal prosecution
in a specific case, the Stormwater Authority may issue citations pursuant
to the noncriminal disposition procedure set forth in MGL c. 40, § 21D,
as adopted under § 1-109 of the Code of the Town of Northbridge.
For purposes of noncriminal disposition, the penalty for a first offense
shall be $100, for a second offense $200, and for a third and subsequent
offenses $300. Enforcement shall be further described in the Stormwater
Regulations promulgated under § 7-804 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any other section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
