Town of Dedham, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Dedham as Ch. 36 of the 1996 By-laws; amended in its entirety 11-16-2015 ATM by Art. 14. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Storm drains — See Ch. 242.
Wetlands protection — See Ch. 271.
A. 
The purpose of this by-law 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 by-law seeks to meet that purpose through the following objectives:
(1) 
Establish a mechanism by which the Town can monitor and ensure compliance with requirements of its National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) and other applicable State and Federal mandates.
(2) 
Establish decision-making processes surrounding land development activities to reduce and eliminate impairments of the Charles and Neponset Rivers and to preserve the health of the Town's groundwater resources.
(3) 
Establish minimum construction and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality.
(4) 
Encourage the use of nonstructural stormwater management, better site design practices or "low-impact development practices", such as reducing impervious cover, increasing site-wide infiltration, and preserving open space and other natural areas, to the maximum extent practicable.
(5) 
Promote water conservation through the re-use of stormwater.
(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 or the environment.
(7) 
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 By-law.
(8) 
Establish the Town of Dedham's legal authority and capacity to ensure compliance with the provisions of this By-law through funding, permitting, inspection, monitoring, and enforcement.
B. 
Nothing in this By-law is intended to replace the requirements of the Dedham Flood Plain Zoning By-law, the Dedham General Wetlands Protection By-law, or any other By-law that may be adopted by the Town of Dedham, or any Rules and Regulations adopted thereunder. Any activity subject to the provisions of the above-cited By-laws or Rules and Regulations must comply with the specifications of each. In case of conflict, the more stringent provisions shall apply.
The following definitions shall apply in the interpretation and implementation of this By-law. Additional definitions may be adopted by separate regulation:
ALTER
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.
BEST MANAGEMENT PRACTICE (BMP)
Structural, non-structural 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.
BETTER SITE DESIGN
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, and using natural features for stormwater management, and providing site-wide infiltration.
DEVELOPMENT
Any construction that disturbs or alters a parcel of land as defined in the Massachusetts Stormwater Standards.
DISTURBANCE
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; removes trees; clears or grades land; or results in an alteration of drainage characteristics.
EXISTING LAWN
Grass area which has been maintained and mowed in the previous two years.
IMPERVIOUS
Any material or structure on, above or below the ground that prevents water from infiltrating through the underlying soil. Impervious surface is defined to include, without limitation: paved surfaces (parking lots, sidewalks, and driveways), concrete, brick, stone, and rooftops.
INFILTRATION
The act of conveying surface water into the ground to promote groundwater recharge and the reduction of stormwater runoff from a project site.
LOW IMPACT DEVELOPMENT (LID)
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.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Department of Environmental Protection's requirements to manage stormwater located in the Wetlands Protection Act Regulations at 310 CMR 10.05(6)(k) and the accompanying Stormwater Handbook issued by the Department of Environmental Protection.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM DRAIN SYSTEM
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 Dedham.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by United States Environmental Protection Agency or the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.
NONPOINT SOURCE POLLUTION
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.
NORMAL MAINTENANCE
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.
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 ensure that it continues to function as designed.
POST-DEVELOPMENT
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.
PRE-DEVELOPMENT
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.
RECHARGE
The replenishment of underground water reserves.
RECONSTRUCTION
Any action causing complete removal and replacement of paved surfaces, such as driveways, parking areas and roads.
REDEVELOPMENT
Any construction, alteration, improvement, repaving, or resurfacing on a previously-developed site as defined in the Massachusetts Stormwater Standards.
RUNOFF
Rainfall or snowmelt water flowing over the ground surface.
SITE
The entire parcel of land being developed.
STOCKPILING
The storage of unsecured material for future use, excluding the storage of materials 10 cubic yards or less when secured utilizing erosion controls that prevent erosion of the material.
STORMWATER
Runoff from precipitation or snowmelt and surface water runoff and drainage.
STORMWATER MANAGEMENT
The use of structural or non-structural practices that are designed to control or treat stormwater runoff pollutant loads, discharge volumes, and/or peakflow discharge rates. Stormwater Management includes the use of Low-Impact Development (LID) management practices.
STORMWATER MANAGEMENT PERMIT (SMP)
A permit issued by the Conservation Commission or its designated agent, 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.
STORMWATER OFFICER
The Conservation Agent or other person(s) designated by the Conservation Commission to review Stormwater Management Permit applications and advise the Dedham Conservation Commission on Stormwater Management Permit applications as outlined in this By-law.
This By-law 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 Dedham at Town Meeting dated November 16, 2015.
A. 
The permitting provisions of this By-law shall be overseen and administered by the Conservation Commission or its designated Stormwater Officer.
B. 
Stormwater Management Regulations ("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), delegation of authority, procedures and administration of this By-law 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 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 By-law.
A. 
This By-law shall be applicable to any alteration, disturbance, development or redevelopment of 500 square feet or more, including any activities that require a permit issued by the Planning Board, the Zoning Board of Appeals or the Building Department.
B. 
This By-law 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 By-law, if the total land-disturbing activities on said land or parcels, considered as a whole, would presently or ultimately exceed the minimum thresholds in § 246-5C and are not exempted by § 246-6, and no such activity shall commence until a permit under this By-law has been issued. A development shall not be segmented or phased in a manner to avoid compliance with this By-law.
C. 
Storm Water Management Permit Thresholds. A Storm Water Management Permit shall be required for any of the following, except for an activity exempt per § 246-6:
(1) 
Minor Stormwater Permit.
(a) 
Any residential alteration, disturbance, development or redevelopment of 500 square feet to 2,000 square feet, except for construction of a new dwelling.
(b) 
Any commercial, industrial, institutional, or municipal alteration, disturbance, development or redevelopment of 500 square feet to 1,000 square feet (except for such activities within the Aquifer Protection Overlay District, which shall require a Major Stormwater Permit).
(2) 
Major Stormwater Permit.
(a) 
Construction of any new dwelling or new dwelling replacing an existing dwelling;
(b) 
Any alteration, disturbance, development or redevelopment exceeding the thresholds listed in § 246-5C(1) above.
No person shall alter, disturb, develop or redevelop within the Town of Dedham without having obtained a Minor or Major Stormwater Permit with the following exceptions:
A. 
Any activity which will disturb or alter land areas below the thresholds stipulated in § 246-5 above.
B. 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and G.L.c. 40A, § 3.
C. 
Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this By-law.
D. 
Normal maintenance of existing lawn, landscaping, or gardens areas.
E. 
Construction of any fence that will not alter existing terrain or drainage patterns.
F. 
Construction of utilities (gas, water, sanitary sewer, electric, telephone, cable television, etc.) other than drainage which will not alter terrain, ground cover, or drainage patterns, provided that appropriate BMPs are used to prevent erosion, sedimentation and release of pollutants.
G. 
Emergency repairs to any existing utilities (gas, water, sanitary sewer, electric, telephone, cable television, etc.) or emergency repairs to any stormwater management facility that poses a threat to public health or safety, as determined by the Conservation Commission. 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.
H. 
The maintenance or resurfacing (not including reconstruction) of any public or private way.
I. 
The construction or expansion of a residential driveway with a total paved area (including any existing pavement) of less than 1,000 square feet.
Permit Procedures, Permit Requirements and Performance Standards shall be established and included as Stormwater Management Regulations promulgated under § 246-4 of this By-law to meet the following purposes:
A. 
Ensure the Town's compliance with requirements of its National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) and other applicable State and Federal mandates.
B. 
Reduce and eliminate impairments of the Charles and Neponset Rivers and to preserve the health of the Town's groundwater resources.
C. 
Regulate and control stormwater runoff quantity and quality.
D. 
Encourage the use of nonstructural stormwater management, better site design practices or "low-impact development practices", such as reducing impervious cover, increasing site-wide infiltration, and preserving open space and other natural areas, to the maximum extent practicable.
E. 
Promote water conservation through the re-use of stormwater.
F. 
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 or the environment.
G. 
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 By-law.
The Conservation Commission, or an authorized agent of the Conservation Commission, shall enforce this By-law, Regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of this by-law, or any associated regulations, permit, notice, or order issued thereunder, the Conservation Commission may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. 
Orders. If the Conservation Commission determines that a person's failure to follow the requirements of this By-law, any Regulatory provision issued hereunder, or any authorization issued pursuant to this By-law or Regulations is creating an adverse impact to a water resource, then the Commission may issue a written order to the person to remediate the adverse impact, which may include requirements to:
(1) 
Cease and desist from land-disturbing activity until there is compliance with the By-law 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;
(6) 
Remediate adverse impacts resulting directly or indirectly from malfunction of the stormwater management systems; and/or
(7) 
Eliminate discharges, directly or indirectly, into a watercourse or into the waters of the Commonwealth.
C. 
If the Conservation Commission determines that abatement or remediation of pollutants is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Conservation Commission within 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 30 days following a decision of the Conservation Commission affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. c.59, § 57 after the 30th day at which the costs first become due.
D. 
Criminal and Civil Penalties. Any person who violates any provision of this by-law, valid regulation, or the terms or conditions in any permit or order prescribed or issued there under, shall be subject to a fine not to exceed $300 for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction.
E. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in G.L. c.40, § 21D and § 1-6B of the Town of Dedham General By-laws, in which case any police officer of the Town of Dedham, the Conservation Agent, and such other persons as are authorized by the Conservation Commission shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
F. 
Entry to perform duties under this by-law. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Commission, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this by-law and regulations and may make or cause to be made such examinations, surveys or sampling as the Commission deems reasonably necessary.
G. 
Appeals. The decisions or orders of the Conservation Commission shall be final. Further relief shall be to a court of competent jurisdiction.
H. 
Remedies Not Exclusive. The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state or local law.
The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not have unacceptable adverse or cumulative effect on the resource areas protected by this by-law. Failure to provide adequate evidence to show the effect the proposed project may have on the surface waters or ground waters of the Commonwealth, and/or the storm drainage system of the Town of Dedham shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
A. 
Because a SMP runs with the title of a property, a person shall request the Dedham Conservation Commission to issue a Stormwater Management Compliance Certificate (SMCC) upon completion of all work authorized under a Stormwater Management Permit (SMP).
B. 
The following procedure shall be followed in the application for a SMCC:
(1) 
A person who has been issued a SMP or their legal representative shall submit a letter or appropriate form with the Dedham Conservation Commission to request an issuance of a SMCC.
(2) 
Any as-built plans or other documentation required under the SMP shall accompany the SMCC request.
(3) 
The Dedham Conservation Commission shall vote on a SMCC request at a public hearing. Such requests shall be advertised on the Dedham Conservation Commission meeting agendas that are posted at Dedham Town Hall and Dedham Public Library.
(4) 
The Dedham Conservation Commission may refer a SMCC request to the Stormwater Officer for review and comment prior to taking any action.
C. 
The SMCC shall be recorded at the Norfolk County Registry of Deeds and shall run with the title of the property. Proof of recording, including Registry Book and Page or Land Court Instrument Number shall be provided to the Conservation Commission for its records.
A. 
Rules.
(1) 
Permit and application fees are payable at the time of application and are non-refundable.
(2) 
Permit fees shall be calculated by the Conservation Commission in accordance with the fee schedule below.
(3) 
Town, County, State and Federal projects are exempt from fees.
(4) 
Failure to comply with the by-law after official notification shall result in fees twice those normally assessed.
B. 
Fees.
(1) 
A non-refundable application fee of the larger of $30 or $0.0030 per square foot of the parcel to which the permit will be issued shall be due and payable to the Town of Dedham at the time an application is filed.
(2) 
Application fees for permits issued under Minor Stormwater Management Permits (mSMP)s under § 246-4C of this by-law shall be waived when such permits are issued for projects associated with existing single-family dwellings.
[Amended 5-15-2017 ATM by Art. 29]
(3) 
Consultant fees shall be determined at the time of project review based on a specific scope of work. Consultant fees shall be outlined in Stormwater Management Rules and Regulations promulgated under this by-law.
(4) 
For a direct connection to the Town of Dedham Storm Drainage System, a non-refundable fee of $500 is due at the time an application is filed.
(5) 
A copy of the Stormwater Management Rules and Regulations shall be available for a fee of $5.
(6) 
A complete printed set of the Town of Dedham Construction Standards and Specifications including standard construction details for Stormwater Management Projects shall be available for a fee of $25.
(7) 
The only method of payment, which will be accepted, is US Currency (cash) or a check made payable to the Town of Dedham.
C. 
These fees are in addition to any other local or state fees that may be charged under any other law, by-law, or applicable regulation.
D. 
The above fee schedule may be reduced by the Conservation Commission. Any such change shall be made at a posted public hearing of the Commission not less than 30 days prior to the date upon which the change is to be effective.
The invalidity of any section, provision, paragraph, sentence, or clause of this By-law shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.