[HISTORY: Adopted by the Annual Town Meeting of the Town of Newbury 5-26-2009 by Art. 29. Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 60.
Wetlands — See Ch. 95.
Zoning — See Ch. 97.
Stormwater regulations — See Ch. 116.
Subdivision of land — See Ch. 117.
Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of Newbury to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town of Newbury, including the water bodies and groundwater. The purpose of this By-Law is to prevent or diminish these impacts by controlling runoff and preventing soil erosion and sedimentation resulting from site construction and development and to provide compliance with Newbury's NPDES Permit Number: MAR041212/MA DEP Transmittal Number: W 040791.
(a) 
The harmful impacts of soil erosion and sedimentation are:
01) 
impairment of water quality and flow into lakes, ponds, streams, rivers, coastal and marine waters and estuaries (314 CMR 4.00), wetlands and groundwater;
02) 
contamination of drinking water supplies;
03) 
alteration or destruction of aquatic and wildlife habitat;
04) 
flooding; and
05) 
overloading or clogging of municipal catch basins and stormwater drainage systems.
(b) 
The objectives of this By-Law are:
01) 
to prevent pollutants from entering the Town of Newbury municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;
02) 
to protect water resources;
03) 
to prohibit illicit connections and unauthorized discharges to the MS4;
04) 
to require the removal of all such illicit connections;
05) 
to require practices that control the flow of stormwater from new and redeveloped sites into the Town of Newbury's MS4 in order to prevent flooding and erosion;
06) 
to ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained;
07) 
to require practices that control wastes such as concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality;
08) 
to require that new development, redevelopment, and all land conversion activities maintain runoff characteristics equal to or less than predevelopment runoff characteristics; provide groundwater recharge; reduce flooding, stream bank erosion, siltation, nonpoint source pollution and property damage; and maintain the integrity of streams, channels and aquatic and wildlife habitats;
09) 
to require site designs that minimize non-point source pollution from stormwater runoff which would otherwise degrade water quality;
10) 
to require site designs that incorporate "low-impact development" (LID) practices for the construction and use of structural stormwater control facilities that can be used to meet minimum construction/alteration and post-development stormwater management, stormwater site design practices or LID practices, such as reducing impervious cover and the preservation of open space and other natural areas, to the maximum extent practicable;
11) 
to require construction/alteration and post-development storm water management standards and design criteria for the regulation and control of stormwater runoff quality and quantity;
12) 
to require provisions for the long-term responsibility 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;
13) 
to comply with state and federal statutes and regulations relating to stormwater discharges;
14) 
to establish the Town of Newbury as the legal authority to ensure and enforce compliance with the provisions of this By-Law through inspection, monitoring, and enforcement;
15) 
to establish decision-making processes relative to the land-disturbing development activities that protect the integrity of all surface and groundwaters, promote groundwater recharge and preserve the health of wetland and water resources; and
16) 
to establish provisions that ensure that there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this By-Law.
ABUTTER
The owner(s) of land abutting the activity.
AGRICULTURE
The normal maintenance or improvement of land in agricultural or aqua-cultural use, as defined by the Massachusetts Wetlands Protection Act G.L. c. 131, § 40, and its implementing regulations.
ALTERATION OF LAND
An activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater in the area.
APPLICANT
Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department or political subdivision of the Commonwealth or the Federal government, to the extent permitted by law, requesting a soil erosion and sediment control permit for proposed land-disturbance activity.
AUTHORIZED ENFORCEMENT AGENCY
The Conservation Commission, its employees or agents designated to enforce this By-Law.
[Amended 5-20-2014 ATM, Art. 22]
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that is recognized to be the most effective and practical means to reduce the quantity or improve the quality of stormwater runoff.
COASTAL
The Atlantic Ocean and all contiguous saline bays, inlets, and harbors within the jurisdiction of the Commonwealth, including areas where fresh and salt waters mix and tidal effects are evident, or any partially enclosed body of water where the tide meets the current of a stream or river (314 CMR 10.0).
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a construction site that may adversely impact water quality.
CLEARING
Any activity that removes the vegetative surface cover, including, but not limited to, grubbing.
DEVELOPMENT
The modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LAND
Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
ENFORCEMENT OFFICER
Town's authorized agent to enforce construction and post construction stormwater run-off controls as specified in the Stormwater Management Rules and Regulations.[1]
EROSION
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.
EROSION AND SEDIMENT CONTROL PLAN
A document containing narrative, drawings, and details which includes BMP's, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related land disturbances. The plan is required as part of the application for a Stormwater Management Permit.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drainage system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this By-Law.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drainage system, that is not composed entirely of stormwater, except as exempted in § 87-4(d). The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 87-4(d).
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a high runoff coefficient (Rational Method), as determined by the Conservation Commission.
[Amended 5-20-2014 ATM, Art. 22]
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
LOW IMPACT DEVELOPMENT (LID)
A Stormwater Management approach and set of practices incorporated into development or redevelopment designs to reduce runoff and pollutant loadings in the runoff as close to its source(s) as possible that protect downstream resources from adverse degradation while minimizing the extent of clearing and maximizing groundwater recharge.
MASSACHUSETTS ENDANGERED SPECIES ACT
(G.L. c. 131A) and its implementing regulations at (321 CMR 10.00) that prohibit the "taking" of any rare plant or animal species listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT REGULATIONS
The Regulations as contained within the Massachusetts Wetlands Protection Regulations (310 CMR 10.00) and Massachusetts 401 Water Quality Certificate Regulations (314 CMR 9.00).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
The various systems 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 Newbury.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT FOR DISCHARGES FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES
Permit required by the EPA for construction activities that disturb one acre or more of land, either by itself or as part of a larger development. Permit requires a Notice of Intent (NOI) to be submitted to the EPA and the development of a Stormwater Pollution Prevention Plan (SWPPP).
NPDES PHASE II REGULATED AREA
The area within Newbury identified by the U.S. Environmental Protection Agency as "Designated MS4 Area" under the NPDES Phase II Stormwater Program. See map entitled, "NPDES Phase II Stormwater Program Automatically Designated MS4 Areas, Newbury, Massachusetts" as may be amended.
NON-POINT SOURCE (NPS) POLLUTION
Pollution of surface or groundwater supplies originating from land use activities and/or the atmosphere, having no well-defined point of entry.
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.
OUTFALL
The point at which stormwater flows from a discernible, confined and discrete point source into waters of the Commonwealth.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.
POLLUTANT
Any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter in whatever form, and whether originating at a point or introduced into any sewerage system, treatment works, wetlands or waters of the Commonwealth.
PRE-CONSTRUCTION
All activity in preparation for construction.
PRIORITY HABITATS AND ESTIMATED HABITATS AND CERTIFIED VERNAL POOLS
Estimated habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (c. 310 CMR 10.00), Priority Habitats, for use with the MA Endangered Species Act Regulations (c. 321 CMR 10.00) and the Forest Cutting Practices Act Regulations (304 CMR 11.00).
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot, parcel of land, or area of property where land-disturbing activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion.
STORMWATER
Rainfall runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Conservation Commission, after review of an application, plans, calculations, and other supporting documents designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated stormwater runoff.
[Amended 5-20-2014 ATM, Art. 22]
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a Stormwater Management Permit. A document containing narrative, drawings and details that include best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation and illicit connections during pre-construction and construction related land disturbance activities.
STRIP
Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TOTAL SUSPENDED SOLIDS (TSS)
Material, including, but not limited to, silts, sediments and particulates suspended in stormwater runoff.
VERNAL POOL
A confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations. These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species.
WATERCOURSE
A natural or man-man channel through which water flows, including a river, brook, stream, underground stream, pond or lake.
WATER QUALITY
Systematic application of standards to describe water pursuant to the Massachusetts Surface Water Quality Standards (314 CMR 4.00).
WETLAND RESOURCE AREA
Area specified in the Massachusetts Wetlands Protection Act G.L. c. 131, § 40 and the Town's Wetlands By-Law (Chapter 95).
[1]
Editor's Note: The Stormwater Management Rules and Regulations are on file in the Town Clerk's office and are available on the Town's website. See Ch. 116, Stormwater Regulations.
(a) 
This By-Law 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
(b) 
Nothing in this By-Law is intended to replace the requirements of any other By-Law that has been or may be adopted by the Town of Newbury.
(a) 
This bylaw applies to 1) all properties in Newbury, and 2) all activities that alter or disturb any land area equal to or greater than one acre, or less than one acre that is part of a larger common plan of development or sale, that will ultimately alter or disturb any land equal to or greater than one acre that drains into the Town of Newbury MS4.
[Amended 5-20-2014 ATM, Art. 22; 4-24-2018 ATM, Art. 21]
(b) 
In addition, as authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the above activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in a final Order of Conditions issued by the Conservation Commission or the Department of Environmental Protection are exempt from compliance with this By-Law.
(c) 
No person may alter or disturb any land equal to or greater than one acre, or less than one acre that is part of a larger common plan of development or sale, that will ultimately alter or disturb any land equal to or greater than one acre that drains into the Town of Newbury MS4 without a Stormwater Management Permit from the Conservation Commission.
[Amended 5-20-2014 ATM, Art. 22]
(d) 
Activities that meet the definitions of alteration or disturbance of land that are exempt from requiring a Stormwater Management Permit are:
[Amended 5-20-2014 ATM, Art. 22; 4-24-2018 ATM, Art. 21]
01) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulations 310 CMR 10.04 and MGL Chapter 40A, section 3;
02) 
Maintenance of existing landscaping, gardens, or lawn areas associated with a single family dwelling provided such maintenance does not include the addition of more that 100 cubic yards of soil material, or alteration of drainage patterns;
03) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
04) 
Normal maintenance of Town owned public land, ways, and appurtenances, including minor road repair, emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or further maintenance activities as deemed necessary by the Conservation Commission.
05) 
Activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in an Order of Conditions issued by the Conservation Commission;
06) 
Water line flushing;
07) 
Construction activities that receive a waiver from EPA under the provisions of 40 CFR § 122.26 (b) (15) (i) as included in Newbury's NPDES Permit identified above in (1) Purpose.
08) 
Construction of utilities other than drainage (e.g. gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;
09) 
Emergency work to protect life, limb, or property.
[Added 4-24-2018 ATM, Art. 21[1]]
All Illicit Connections and Illicit Discharges shall be prohibited. In the event any Illicit Discharge or Illicit Connection exists prior to the adoption of this bylaw it shall immediately cease and be removed.
[1]
Editor’s Note: This article also provided for the renumbering of former §§ 87-5 through 87-9 as §§ 87-6 through 87-10, respectively.
[Amended 5-20-2014 ATM, Art. 22]
(a) 
The Conservation Commission shall administer, implement and enforce this By-Law. Any powers granted to, or duties imposed upon, the Conservation Commission may be delegated in writing by the Conservation Commission or its authorized agent to such individual or individuals as the Board or its agent may, from time to time, deem appropriate.
(b) 
Waiver. The Conservation Commission may waive strict compliance with any requirement of this By-Law or the rules and regulations promulgated hereunder, where such action:
01) 
is allowed by federal, state and local statutes and/or regulations;
02) 
is deemed to be in the public interest: and
03) 
is consistent with the purpose and intent of this By-Law.
(c) 
Public Hearing. The Conservation Commission shall hold a public hearing within sixty-five (65) days of the receipt of a complete application and shall take final action within ninety (90) days from the time of the close of the hearing unless such time is extended by agreement between the applicant and the Permit Authority. Notice of the public hearing shall be given by publication and posting and by certified mail or certificates of mailing at the Applicant's expense to abutters at least fourteen (14) days prior to the hearing. The Conservation Commission shall make the application available for inspection by the public during business hours at the Newbury Town Hall.
(d) 
Information requests. The applicant shall submit all additional information requested by the Conservation Commission to issue a decision on the application.
(e) 
The Conservation Commission may;
01) 
Approve the SMP (Stormwater Management Permit) Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this By-Law;
02) 
Approve the Stormwater Management Permit Application and issue a permit with conditions, modifications or restrictions that the Conservation Commission determines are required to ensure that the project will protect water resources and meets the objectives and requirements of this By-Law;
03) 
Disapprove the Stormwater Management Permit Application and deny the permit if it finds that the proposed plan will not protect water resources or fails to meet the objectives and requirements of this By-Law.
(f) 
Failure of the Conservation Commission to take final action. Failure of the Conservation Commission to take final action upon an Application within the time specified above shall be deemed to be approval of said Application. Upon certification by the Town Clerk that the allowed time has passed without the Conservation Commission's action, the Stormwater Management Permit shall be issued by the Town Clerk.
[Amended 5-20-2014 ATM, Art. 22]
(a) 
The Conservation Commission shall adopt, and periodically amend rules and regulations to effectuate the purposes of this By-Law. Failure by the Conservation Commission to promulgate such rules and regulations shall not have the effect of suspending or invalidating this By-Law. The Rules and Regulations shall include, at a minimum, Permits and Procedural Requirements; Stormwater Management Plan Requirements; Operation and Maintenance Plan Requirements, etc.
[Amended 5-20-2014 ATM, Art. 22]
(a) 
Fees: Stormwater Management review fees shall be governed and set by the Conservation Commission and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be as listed in the Stormwater Management Rules and Regulations[1] and administered in accordance with § 117-46 through § 117-48 of the Town's Regulations for the Subdivision of Land.
[1]
Editor's Note: The Stormwater Management Rules and Regulations are on file in the Town Clerk's office and are available on the Town's website. See Ch. 116, Stormwater Regulations.
[Amended 5-20-2014 ATM, Art. 22]
(a) 
The Conservation Commission or its authorized agent shall enforce this By-Law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations, in accordance with the regulations.
(b) 
Any person violating any provision of this By-Law may be fined $300.00 for each offense. Each day such violation continues shall constitute a separate offense. Fines may be levied pursuant to G.L. c. 40, § 21, or, in the alternative, the Conservation Commission, its authorized agents, police officers, or any other person having police powers, may impose such specified penalties pursuant to the non-criminal disposition provisions set forth in G.L. c. 40, § 21D.
(a) 
If any provision, paragraph, sentence, or clause of this By-Law shall be held invalid for any reason, all other provisions shall continue in full force and effect.[1]
[1]
Editor’s Note: An Appendix A followed this section. Appendix A consists of a map created 11-18-2002 entitled "NPDES Phase II Stormwater Program Automatically Designated MS4 Areas, Newbury, Massachusetts." Said map is on file in the Town offices.