[HISTORY: Adopted by the Town of Georgetown 5-2-2011 Annual Town
Meeting, Art. 34.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal and importation — See Ch. 49.
Water — See Ch. 156.
Wetlands protection — See Ch. 161.
Subdivision regulations — See Ch. 365.
Lufkins Brook Conservation Area — See Ch. 535.
[1]
Editor's Note: This article also repealed former Ch. 57, Erosion
Control, adopted 5-24-1993 ATM, Art. 30.
A.
The
purpose of this chapter is to protect, maintain and enhance the public
health, safety, environment and general welfare of the Town by establishing
minimum requirements and procedures to control the adverse effects
of soil erosion and sedimentation, construction site runoff, increased
post-development stormwater runoff and nonpoint source pollution associated
with new development and redevelopment. It has been determined that
proper management of 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, protect and enhance wildlife habitat, and promote
groundwater recharge to protect surface and groundwater drinking supplies.
This chapter seeks to meet that purpose through the following objectives:
(1)
Establish a mechanism by which the municipality can monitor and ensure
compliance with requirements of its National Pollutant Discharge Elimination
System (NPDES) MS4 General Permit for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems and other applicable state
and federal mandates.
[Amended 5-2-2016 ATM, Art. 18]
(2)
Establish decisionmaking processes surrounding land development activities
that protect the integrity of the watershed and preserve the health
of water resources.
(3)
Require that new development, redevelopment and other land alteration
activities maintain the after-development runoff characteristics as
equal to or less than the pre-development runoff characteristics,
where appropriate, 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.
(4)
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 damages due to alterations in
volume, velocity, frequency, duration, and peak flow rate of stormwater
runoff; establish minimum design criteria for measures to eliminate
or minimize, unless infeasible, nonpoint source pollution from stormwater
runoff which would otherwise degrade water quality.
[Amended 5-1-2023 ATM by Art. 13]
(5)
Establish design and application criteria for the construction and
use of structural stormwater control facilities that can be used to
meet or exceed the minimum post-development stormwater management
standards.
(6)
Require, unless infeasible, the use of nonstructural stormwater management,
better site design practices or "low-impact development practices,"
such as reducing impervious cover, minimizing the area of disturbance,
increasing site-wide infiltration, and preserving open space and other
natural areas, to the maximum extent practicable.
[Amended 5-1-2023 ATM by Art. 13]
(7)
Promote water conservation through the re-use of stormwater for irrigation.
(8)
Establish provisions that require practices that eliminate soil erosion
and sedimentation and control the volume and rate of stormwater runoff
resulting from land disturbance activities.
(9)
Establish provisions 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.
(10)
Establish provisions for the long-term responsibility for and maintenance
and operation 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 or
the environment.
(11)
Establish provisions to ensure 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 chapter.
(12)
Establish administrative procedures for the submission, review, approval
or disapproval of stormwater management plans, erosion and sediment
controls, and for the inspection of approved active projects, and
long-term follow up; establish certain administrative procedures and
fees for the submission, review, approval, or disapproval of stormwater
plans, inspection of construction sites, and the inspection of approved
projects.
(13)
Ensure that construction and waste materials, toxic materials, hazardous
materials, hazardous wastes and other pollutants used and stored on
site are prevented from mixing with stormwater runoff, which would
degrade water quality.
(14)
Establish the Town of Georgetown's legal authority and capacity to
ensure compliance with the provisions of this chapter through funding,
permitting, inspection, monitoring, and enforcement.
(15)
Establish a permit mechanism and associated fees for activities covered
under this chapter.
B.
Nothing
in this chapter is intended to replace or supersede the requirements
of the Town of Georgetown Zoning Bylaw,[1] the Massachusetts Wetlands Protection Act,[2] the Town of Georgetown Wetlands Protection Bylaw,[3] any other bylaw that may be adopted by the Town of Georgetown,
or any rules and regulations adopted thereunder. Any activity subject
to the provisions of the above-cited bylaws and/or rules and regulations
must comply with the specifications of each. In case of conflict,
the more stringent provisions shall apply.
[Amended 5-1-2023 ATM by Art. 13]
The following definitions shall apply in the interpretation
and implementation of this chapter. Additional definitions may be
adopted by separate regulation.
Any activity that will measurably change the ability of a
ground surface area to absorb water, will change existing surface
drainage patterns, or will increase or decrease the rate or volume
of flow from a site.
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, including low-impact
development (LID) 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 green space, reducing impervious cover, using natural features
for stormwater management, and providing site-wide infiltration.
Any construction that disturbs or alters a parcel of land.
Any action causing removal of vegetation or a change in the
position, location, or arrangement of soil, sand, rock, gravel or
similar earth material.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the Georgetown storm drain system regardless
of whether said connection was previously allowed, permitted or applied
for before the effective date of this bylaw.
[Added 5-1-2023 ATM by Art. 13]
Direct or indirect discharge to the Georgetown storm drain system that is not composed entirely of stormwater, including and without limitation, sewage, processed stormwater, or wash water, except as exempted in § 57-7 of this bylaw or in implementing regulations.
[Added 5-1-2023 ATM by Art. 13]
Not technologically possible, or not economically practicable
and achievable in light of best industry practices.
[Added 5-1-2023 ATM by Art. 13]
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
An ecosystem-based approach to land development and stormwater
management that ensures that each development site is designed to
protect, or restore, the natural hydrology of the site.
The latest version, as may be amended from time to time,
of the Stormwater Management Standards and accompanying Stormwater
Handbook issued by the Department of Environmental Protection pursuant
to authority under the Wetlands Protection Act, MGL c. 131, § 40,
and the Massachusetts Clean Waters Act, MGL c. 21, §§ 26
through 53. The Stormwater Management Standards are incorporated in
the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k), and
the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Georgetown.
Pollution from many diffuse sources caused by rainfall, snowmelt,
or other method of pollutant transport moving over and through the
ground. As the runoff moves, it picks up and carries away natural
and human-made pollutants, finally depositing them into water resource
areas.
Activities that are regularly scheduled to maintain the health
and condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
The Planning Board or its agents designated to administer
and enforce this chapter.
[Amended 5-2-2016 ATM, Art. 18]
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity in accordance
with approved plans on a specific site or tract of land. Post-development
refers to the phase of a new development or redevelopment project
after completion, and does not refer to the construction phase of
a project.
The conditions that exist prior to the proposed disturbance
activity. 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.
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces on previously developed sites. The creation
of new areas of impervious surface or new areas of land disturbance
on a site constitutes development, not redevelopment, even where such
activities are part of a common plan which also involves redevelopment.
[Amended 5-1-2023 ATM by Art. 13]
Rainfall or snowmelt water flowing over the ground surface
or other source which may result in transport of pollutants.
The extent of development and/or redevelopment activities,
including but not limited to the creation of new impervious cover
and improvement of existing impervious cover.
[Amended 5-1-2023 ATM by Art. 13]
The storage of unsecured material for future use, excluding
the storage of materials 10 cubic yards or less secured and utilizing
erosion controls to prevent erosion of material.
The use of structural or nonstructural practices that are
designed to control or treat stormwater runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates. Stormwater management includes
the use of low-impact development (LID) management practices.
A permit issued by the Conservation Commission in its capacity
as the PGA, 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 chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
statutes, and pursuant to the regulations of the federal Clean Water
Act found at 40 CFR 122.34., and as authorized by the residents of
the Town of Georgetown at Town Meeting dated May 2, 2011.
A.
This chapter shall be applicable to all new development and redevelopment, land disturbance and any other activity that will result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land that exceed any of the stormwater management permit thresholds in § 57-4B, unless exempt pursuant to § 57-5 of this chapter. This chapter shall apply to land or parcels of land that are held in common ownership (including ownership by related or jointly controlled persons or entities) as of the effective date of this chapter, if the total land-disturbing activities on said land or parcels, considered as a whole, would presently or ultimately exceed the minimum thresholds in § 57-4B and are not exempted by § 57-5. A development shall not be segmented or phased in a manner to avoid compliance with this chapter.
B.
Stormwater management permit thresholds. A stormwater management permit shall be required for any of the following, except for an activity exempt per § 57-5:
(1)
Minor permit:
(a)
The creation of new impervious area, or expansion of existing
impervious area, greater than 200 square feet and less than 2,500
square feet.
(b)
Disturbance of land exceeding 1,000 square feet in area and
not exceeding 5,000 square feet or 10% of a parcel, whichever is less.
(c)
Stockpiling of material.
(2)
Major permit:
(a)
Construction of any new dwelling or new dwelling replacing an
existing dwelling in conformance with Article VIII, Section V.B.1.a
of the Georgetown Zoning Bylaws.
(b)
Any land disturbance exceeding an area of 5,000 square feet
or more than 20% of a parcel or lot, whichever is less.
(c)
Any activity that will disturb land with a 10% or greater slope
or where an area is proposed to have a 10% or greater finished slope,
and where the land disturbance is greater than or equal to 2,500 square
feet within the sloped area.
(d)
Creation of new impervious surface area, or expansion of existing
impervious area, greater than 2,500 square feet.
(e)
The addition or on-site redistribution of more than 100 cubic
yards of earth materials, including, but not limited to, sand, gravel,
stone, soil, loam, clay, sod, fill and mineral products.
Exemptions from this chapter apply to the following activities,
provided that a project is solely comprised of any one of these activities:
A.
[1]An activity that is wholly subject to jurisdiction under
the Wetlands Protection Act[2] and Wetlands Protection Bylaw[3] and demonstrates compliance with Massachusetts stormwater
standards as reflected in an issued order of conditions, provided
that the activity also demonstrates compliance with this bylaw and
any additional performance standards contained in the regulations
promulgated to implement this chapter.
[Amended 5-1-2023 ATM by Art. 13]
[1]
Editor’s Note: Former Subsection A, which exempted certain activities that required site plan review, definitive subdivision or special permit approval from the Planning Board, was repealed 5-2-2016 ATM by Art. 18. Article 18 also redesignated former Subsections B through M as Subsections A through L, respectively.
[2]
Editor's Note: See MGL c. 131, § 40 et seq.
B.
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulations at 310 CMR 10.04
("Agricultural").
D.
Repair, replacement, or reconstruction, but not expansion, of an
existing driveway, provided that erosion control measures are utilized
to prevent runoff and sediment from entering a traveled way or adjacent
properties.
[Amended 5-1-2023 ATM by Art. 13]
E.
Any work or projects for which all necessary approvals and permits
were issued before the effective date of this chapter.
F.
Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling, provided erosion control
measures are utilized to prevent runoff and sediment from entering
a traveled way or adjacent properties.
G.
Construction of any fence that will not alter existing terrain or
drainage patterns.
H.
Repair or replacement of septic systems or wells when approved by
the Board of Health for the protection of public health on lots having
an existing dwelling, provided that the Board of Health determines:
I.
Construction of utilities (gas, water, wastewater systems, electric,
telephone, cable television, etc.) other than drainage which will
not alter terrain, ground cover, or drainage patterns, so long as
BMPs are used to prevent erosion, sedimentation and release of pollutants.
J.
Emergency repairs to any existing utilities (gas, water, wastewater
systems, electric, telephone, cable television, etc.) and emergency
repairs to any stormwater management facility or practice that poses
a threat to public health or safety, designated by the PGA. Where
such activity is subject to the jurisdiction of the Conservation Commission,
the work shall not proceed without the issuance of an emergency certification
by the Commission. This would require verbal authorization from the
authority having jurisdiction.
K.
The maintenance, reconstruction or resurfacing of any public way
(including widening less than a single lane, adding shoulders, correcting
substandard intersections, improving existing drainage systems) shall
improve existing conditions unless infeasible and is otherwise exempt
if approved by the appropriate authorities, and provided that written
notice is filed with the PGA 14 days prior to commencement of activity.
Roadway widening or improvements that increase the amount of impervious
area greater than or equal to a single lane width shall meet the regulations
promulgated to implement this chapter.
[Amended 5-1-2023 ATM by Art. 13[5]]
[5]
Editor's Note: This article also repealed former Subsection
L, regarding the removal of earth products undertaken in connection
with an agricultural use, which immediately followed.
[Added 5-1-2023 ATM by Art. 13[1]]
The following activities are prohibited under this bylaw:
A.
Illicit
discharges. No person shall dump, discharge, cause or allow to be
discharged any pollutant or nonstormwater discharge into the MS4,
into a watercourse, or into the waters of the commonwealth.
B.
Illicit
connections. No person shall construct, use, allow, maintain or continue
any illicit was connection to the municipal storm drain system, regardless
of whether the connection was permissible under applicable law, regulation
or custom at the time of connection.
C.
Obstruction
of municipal storm drain system. No person shall obstruct or interfere
with the normal flow of stormwater into or out of the municipal storm
drain system without prior written approval from the Highway Department.
[Added 5-1-2023 ATM by Art. 13]
The following activities are allowed without the need for consultation
with the Planning Board:
A.
Discharge
or flow resulting from firefighting activities;
B.
Waterline
flushing;
C.
Flow from
potable water sources;
D.
Springs;
E.
Natural
flow from riparian habitats and wetlands;
F.
Diverted
stream flow;
G.
Rising groundwater;
H.
Uncontaminated
groundwater infiltration as defined in CFR 35.2005(20), or uncontaminated
pumped groundwater;
I.
Water from
exterior foundation drains, footing drains (not including active groundwater
dewatering systems), crawl space pumps, or air-conditioning condensation;
J.
Discharge
from landscape irrigation or lawn watering;
K.
Water from
individual residential car washing;
L.
Discharge
from dechlorinated swimming pool water (less than one ppm chlorine)
provided the water is allowed to stand one week prior to draining
and the pool is drained in such a way as not to cause a nuisance;
M.
Discharge
from street sweeping;
N.
Dye testing
provided verbal notification is given to the Highway Department or
Board of Health prior to the time of the test;
O.
Nonstormwater
discharge permitted under a NPDES permit or a surface water discharge
permit, waiver, or waste discharge order administered under the authority
of the United States Environmental Protection Agency, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
P.
Discharge
for which advanced written approval is received from the Highway Department
as necessary to protect public health, safety, welfare or the environment.
A.
The Planning Board (PGA) shall be responsible for the administration,
implementation, and enforcement of this chapter.
[Amended 5-2-2016 ATM, Art. 18]
B.
Any powers granted to or duties imposed upon the PGA may be delegated,
in writing, by the PGA to its employees or agents or other municipal
employees as appropriate.
C.
Stormwater and erosion control regulations ("regulations"). The PGA
may adopt, with consult with the Conservation Committee, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), delegation of authority, procedures and administration of this
chapter after conducting a public hearing to receive comments on the
proposed rules and 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 of the PGA
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 chapter.
[Amended 5-2-2016 ATM, Art. 18]
D.
Massachusetts Stormwater Handbook. The PGA will utilize the policy,
criteria and information, including specifications and standards,
of the most recent edition of the Massachusetts Stormwater Handbook
for execution of the provisions of this chapter. Unless otherwise
specified in the 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.
E.
Stormwater management permit. The PGA shall have the authority to issue a stormwater management permit (SMP) for projects exceeding the thresholds defined in § 57-4B of this chapter and not otherwise exempted by § 57-5. Requirements of the SMP may be defined and included within the regulations promulgated pursuant to § 57-8C of this chapter.
F.
Action by the PGA. Each application for a stormwater management permit
that complies with the regulations, and is determined to be a complete
application by the PGA, shall be acted upon within 45 days of the
date of filing with the PGA and the Town Clerk, unless such application
has been withdrawn from consideration. If the PGA determines the application
is incomplete, including insufficient information to describe the
site, the work, or the effect of the work on water quality and runoff
volume, the PGA may disapprove the application and deny the permit.
The PGA may take any of the following actions as a result of an application
for a Stormwater Management Permit:
(1)
Approve the permit application upon finding that the proposed plan
will protect water resources and meets the objectives and requirements
of this chapter;
(2)
Approve the permit application with conditions, modifications or
restrictions that are required to ensure that the project will protect
water resources and meets the objectives and requirements of this
chapter; or
(3)
Disapprove the permit application if the proposed plan will not protect
water resources or fails to meet the objectives and requirements of
this chapter.
G.
Appeals of action by the PGA. A decision of the PGA shall be final.
Further relief of a decision by the PGA made under this chapter shall
be to a court of competent jurisdiction.
H.
Waivers.
(1)
The PGA may waive strict compliance with some of the requirements
of this chapter or the rules and regulations promulgated hereunder,
if it determines that some of the application requirements are unnecessary
because of the size or character of the development project or because
of the natural conditions at the site and where such action:
(2)
Any request from an applicant for a waiver of these rules shall be
submitted, in writing, to the PGA at the time of submission of the
application. Such requests shall clearly identify the provision/s
of the rule from which relief is sought and be accompanied by a statement
setting forth the reasons why, in the applicant's opinion, the granting
of such a waiver would be in the public interest or the specific information
required to show strict compliance is irrelevant to the project, and
why a waiver would be consistent with the intent and purpose of this
chapter and the rules and regulations promulgated hereunder.
Criteria for stormwater management standards shall be defined and included as part of any rules and regulations promulgated under § 57-8C of this chapter.
A.
The PGA, or an authorized agent of the PGA, shall enforce this chapter,
and any regulations, permits orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for violations.
B.
If a person violates the provisions of this chapter or its regulations,
or a permit, notice or order issued thereunder, the PGA may seek injunctive
relief in a court of competent jurisdiction to restrain the person
from activities which would create further violations or to compel
the person to perform abatement or remediation of the violation.
C.
The PGA, or an authorized agent of the PGA, may issue a written order
to enforce the provisions or this chapter or the regulations, which
may include requirements to:
(1)
Cease and desist from land-disturbing activity until there is compliance
with the bylaw or provisions of an approved stormwater management
permit;
(2)
Maintain, install or perform additional erosion and sediment control
measures;
(3)
Perform monitoring, analyses, and reporting;
(4)
Remediate erosion and sedimentation resulting directly or indirectly
from land-disturbing activity;
(5)
Comply with requirements in the stormwater management permit for
operation and maintenance of stormwater management systems; and
(6)
Remediate adverse impacts resulting directly or indirectly from malfunction
of the stormwater management systems. If the PGA or its authorized
agent determines that abatement or remediation is required, the order
shall set forth a deadline by which such abatement or remediation
must be completed.
D.
Criminal penalties. Any person who violates any provisions of this
chapter, regulation, order or permit issued hereunder shall be punished
by a fine of not more than $300. Each day a violation occurs or continues
shall constitute a separate violation.
E.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may utilize the noncriminal disposition procedure set forth in MGL Ch. 40, § 21D and §§ 1-4 through 1-8 of the Town Code, in which case any police officer of the Town of Georgetown, the Conservation Commission, or Building Inspector and such other persons as are authorized by the PGA shall be the enforcing person. If noncriminal disposition is used, any person who violates any provision of this chapter, regulation, order or permit issued thereunder shall be punished by a penalty of $50. Each day or part thereof that a violation occurs or continues shall constitute a separate violation.
F.
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available to the PGA or the Town under
any applicable federal, state or local law.
The invalidity of any section, provision, paragraph, sentence,
or clause of this chapter shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
