[HISTORY: Adopted by the Town of Sterling 5-11-2009 ATM by Art.
39, approved with caution 9-3-2009; readopted 5-14-2012 ATM by Art. 19, approved
10-11-2012. Amendments noted where applicable.]
A.
The purpose of this bylaw is to protect the public health, safety,
environment and general welfare by establishing requirements and procedures
to manage stormwater runoff, promote groundwater recharge and to prevent
water pollution from new development and redevelopment. This bylaw
seeks to meet that purpose through the following objectives:
(1)
Establish regulations for land development activities that preserve
the health of water resources;
(2)
Require that the amount and quality of stormwater runoff from new
development is equal to or better than pre-development conditions
in order to reduce flooding, stream erosion, pollution, property damage
and harm to aquatic life;
(3)
Establish stormwater management standards and design criteria to
control the quantity and quality of stormwater runoff;
(4)
Encourage the use of low-impact development practices, such as reducing
impervious cover and preserving greenspace and other natural areas;
(5)
Establish maintenance provisions to ensure that stormwater treatment
practices will continue to function as designed and pose no threat
to public safety;
(6)
Establish procedures for the Town's review of stormwater management
plans and for the Town's inspection of approved stormwater treatment
practices.
B.
Nothing in this bylaw is intended to replace the requirements of
the Town of Sterling Floodplain District, the Stillwater River Protection
District, the Aquifer and Water Resource Protection District or any
other bylaw that may be adopted by the Town of Sterling. Any activity
subject to the provisions of the above-cited bylaws must comply with
the specifications of each.
Definitions of this bylaw shall apply in the interpretation
and implementation of the bylaw. Terms not defined shall be understood
according to their customary and usual meaning. Additional definitions
may be adopted by separate regulation.
Any activity, which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns.
Site design techniques that can reduce environmental impacts,
such as protecting existing vegetation, reducing impervious areas,
and using natural drainage ways for stormwater management.
A contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
[Added 5-2-2022 ATM by
Art. 26, approved 8-18-2022]
A material or a structure that prevents water from entering
the underlying soil, such as paved parking lots, paved roads, sidewalks,
and buildings.
[Amended 5-2-2022 ATM by Art.
26, approved 8-18-2022]
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. Land uses with higher potential pollutant loads are defined in the DEP Stormwater Handbook (see Ch.1 V.1 Standard 5 for definition), which definition, as may be amended from time to time, is incorporated herein.
[Amended 5-2-2022 ATM
by Art. 26, approved 8-18-2022]
Low-impact practices allow for the reduction of impervious
areas that result in smaller volumes required for stormwater storage.
These site design techniques can reduce the size and costs of stormwater
collection systems and detention basins.
The policy issued by the State Department of Environmental
Protection, which provides performance standards to prevent water
pollution and control the amount of runoff from new development.
Any individual, group of individuals, association, partnership,
corporation, company, trust, estate, a political subdivision of the
commonwealth or the federal government, to the extent subject to the
bylaws of the Town of Sterling.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, construction wastes and residues, including discarded building
materials, concrete truck wash out, chemicals, litter, and sanitary
wastes and industrial, municipal and agricultural waste discharged
into water.
[Added 5-2-2022 ATM by
Art. 26, approved 8-18-2022]
The conditions that reasonably may be expected after completion
of the land development activity on a specific site or tract of land.
Post-development 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 tract of land are submitted to the Planning
Board. 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.
Any construction, alteration, or improvement exceeding land
disturbance of 10,000 square feet, where the existing land use is
commercial, or institutional.
A permit issued by the Conservation Commission, which protects
the streams, lakes and water supplies in the Town from the adverse
affects of uncontrolled and untreated stormwater runoff.
Structures and techniques that prevent flooding, reduce pollution,
and protect local rivers, streams, lakes and water supplies.
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 Conservation Commission shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Conservation
Commission may be delegated in writing by the Conservation Commission
to its employees or agents.
B.
Stormwater regulations. The Conservation Commission 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 by majority vote of the Conservation Commission,
after conducting a public hearing to receive comments on any proposed
revisions. Such hearing dates shall be advertised twice at intervals
of at least seven days prior to the hearing date in a newspaper of
general local circulation. After public notice and public hearing,
the Conservation Commission may promulgate rules and regulations to
effectuate the purposes of this bylaw. Failure by the Conservation
Commission to promulgate such rules and regulations or a legal declaration
of their invalidity by a court shall not act to suspend or invalidate
the effect of this bylaw.
C.
Stormwater management handbook. The Conservation Commission will
utilize the policy, criteria and information, including specifications
and standards, of the latest edition of the Massachusetts Department
of Environmental Protection Stormwater Handbook for execution of the
provisions of this bylaw. This Handbook includes a list of acceptable
stormwater treatment practices, including the specific design criteria
for each stormwater practice. This Mass DEP Handbook may be updated
and expanded periodically, based on improvements in engineering, science,
monitoring, and local maintenance experience. Unless specifically
altered in the Sterling bylaw 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.
Actions by the Conservation Commission. The Conservation Commission
may take any of the following actions as a result of an application
for a stormwater management permit as more specifically defined as
part of stormwater regulations promulgated as a result of this bylaw:
approval, approval with conditions, disapproval, or withdrawal without
prejudice.
E.
Appeals of action by the Conservation Commission. A decision of the
Conservation Commission shall be final. Further relief of a decision
by the Conservation Commission made under this bylaw shall be reviewable
in the Superior Court in an action filed within 60 days thereof, in
accordance with MGL c. 249, § 4.
F.
Stormwater credit system. The Conservation Commission may adopt,
through the regulations authorized by this Stormwater Management Bylaw,
a stormwater credit system. This credit system will allow applicants
the option, if approved by the Conservation Commission, to take credit
for the use of stormwater better site design practices to reduce some
of the requirements specified in the criteria section of the regulations.
Failure by the Conservation Commission to promulgate such a credit
system through its regulations or a legal declaration of its invalidity
by a court shall not act to suspend or invalidate the effect of this
bylaw.
A.
This bylaw shall apply to all new development and redevelopment, including, but not limited to, site plan applications, subdivision applications, land grading applications, or land use conversion applications. This bylaw shall also apply to other activities that will increase the amount of stormwater runoff or pollutants from a parcel of land, or any activity that will alter the drainage characteristics of a parcel of land, unless exempt pursuant to § 164-5D of this bylaw. All new development and redevelopment under the jurisdiction of this bylaw as prescribed in this bylaw shall be required to obtain a stormwater management permit.
B.
At the discretion of the Conservation Commission, redevelopment projects
within non-MS4 areas are presumed to meet the stormwater regulations
of the Town of Sterling if the total impervious cover is reduced from
existing conditions. Where site conditions prevent the reduction in
impervious cover, stormwater management practices shall be implemented
for the site's impervious area. This combination of impervious area
reduction and stormwater management practices will be used for redevelopment
projects to improve existing site conditions.
[Amended 5-2-2022 ATM by Art.
26, approved 8-18-2022]
C.
An alteration, redevelopment, or conversion of land use to a land
use with higher potential pollutant loads shall require a stormwater
management permit.
[Amended 5-2-2022 ATM
by Art. 26, approved 8-18-2022]
D.
This bylaw shall apply to all construction activity or land disturbance
that individually or as a part of a common plan of development results
in disturbance of land in excess of 10,000 square feet.
[Added 5-2-2022 ATM by
Art. 26, approved 8-18-2022]
E.
Exemptions. No person shall alter land within the Town of Sterling
without having obtained a stormwater management permit (SMP) for the
property with the following exceptions:
(1)
Any activity that will disturb an area less than 10,000 square feet,
unless it is part of a larger common plan of development.
[Amended 5-2-2022 ATM by Art.
26, approved 8-18-2022]
(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)
Timber harvesting under an approved forest cutting plan as defined
by the Forest Cutting Practices Act regulation 304 CMR 11.00 and MGL
c. 132, §§ 40 through 46.
(4)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family or two-family dwelling;
(5)
Repair or replacement of an existing roof of a single-family or two-family
dwelling;
(6)
Construction of a single-family or two-family dwelling that will
disturb an area less than one acre (43,560 square feet), where "approval
is not required" (ANR), as defined in the Subdivision Control Act.
Persons constructing a single-family or two-family dwelling are encouraged
to use the stormwater practices and site planning methods, which will
be described in the Town of Sterling Best Development Practices Guidebook;
[Amended 5-2-2022 ATM by Art.
26, approved 8-18-2022]
(7)
Repair or replacement of an existing septic system;
(8)
The construction of any fence, stone wall or property boundary demarcation
that will not alter existing terrain or drainage patterns;
(9)
Construction of appurtenances to a single-family or two-family dwelling
that will disturb an area less than one acre (43,650 square feet),
including a deck, patio, retaining wall, shed, swimming pool, tennis
or basketball court;
(10)
Construction of utilities (gas, water, electric, telephone,
etc.) other than drainage, which will not alter terrain, ground cover,
or drainage patterns;
(11)
Emergency repairs to any stormwater management facility or practice
that poses a threat to public health or safety, or as deemed necessary
by the Conservation Commission;
(12)
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 164-4 of this bylaw.
[Amended 5-2-2022 ATM by Art.
26, approved 8-18-2022]
The Conservation Commission or an authorized agent of the Conservation Commission shall enforce this bylaw, 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 any stormwater regulations promulgated as permitted under § 164-4 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
