[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.]
A.Â
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)Â
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)Â
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)Â
Establish minimum construction and post-construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality.
(4)Â
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)Â
Promote water conservation through the re-use of stormwater.
(6)Â
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)Â
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)Â
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.Â
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:
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, 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.
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.
Any construction that disturbs or alters a parcel of land
as defined in the Massachusetts Stormwater Standards.
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.
Grass area which has been maintained and mowed in the previous
two years.
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.
The act of conveying surface water into the ground to promote
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 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.
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.
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.
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.
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.
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.
Any action causing complete removal and replacement of paved
surfaces, such as driveways, parking areas and roads.
Any construction, alteration, improvement, repaving, or resurfacing
on a previously-developed site as defined in the Massachusetts Stormwater
Standards.
Rainfall or snowmelt water flowing over the ground surface.
The entire parcel of land being developed.
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.
Runoff from precipitation or snowmelt and surface water runoff
and drainage.
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.
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.
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.Â
The permitting provisions of this By-law shall be overseen and administered
by the Conservation Commission or its designated Stormwater Officer.
B.Â
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.Â
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.Â
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.Â
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)Â
Minor Stormwater Permit.
(a)Â
Any residential alteration, disturbance, development or redevelopment
of 500 square feet to 2,000 square feet, except for construction of
a new dwelling.
(b)Â
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).
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.Â
Any activity which will disturb or alter land areas below the thresholds stipulated in § 246-5 above.
B.Â
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.Â
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.Â
Normal maintenance of existing lawn, landscaping, or gardens areas.
E.Â
Construction of any fence that will not alter existing terrain or
drainage patterns.
F.Â
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.Â
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.Â
The maintenance or resurfacing (not including reconstruction) of
any public or private way.
I.Â
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.Â
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.Â
Reduce and eliminate impairments of the Charles and Neponset Rivers
and to preserve the health of the Town's groundwater resources.
C.Â
Regulate and control stormwater runoff quantity and quality.
D.Â
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.Â
Promote water conservation through the re-use of stormwater.
F.Â
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.Â
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.Â
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.Â
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)Â
Cease and desist from land-disturbing activity until there is compliance
with the By-law or provisions of an approved Stormwater Management
Permit;
(2)Â
Maintain, install or perform additional erosion and sediment control
measures;
(3)Â
Perform monitoring, analyses, and reporting;
(4)Â
Remediate erosion and sedimentation resulting directly or indirectly
from land-disturbing activity;
(5)Â
Comply with requirements in the Stormwater Management Permit for
operation and maintenance of stormwater management systems;
(6)Â
Remediate adverse impacts resulting directly or indirectly from malfunction
of the stormwater management systems; and/or
(7)Â
Eliminate discharges, directly or indirectly, into a watercourse
or into the waters of the Commonwealth.
C.Â
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.Â
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.Â
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.Â
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.Â
Appeals. The decisions or orders of the Conservation Commission shall
be final. Further relief shall be to a court of competent jurisdiction.
H.Â
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.Â
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.Â
The following procedure shall be followed in the application for
a SMCC:
(1)Â
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)Â
Any as-built plans or other documentation required under the SMP
shall accompany the SMCC request.
(3)Â
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)Â
The Dedham Conservation Commission may refer a SMCC request to the
Stormwater Officer for review and comment prior to taking any action.
C.Â
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.Â
Rules.
(1)Â
Permit and application fees are payable at the time of application
and are non-refundable.
(2)Â
Permit fees shall be calculated by the Conservation Commission in
accordance with the fee schedule below.
(3)Â
Town, County, State and Federal projects are exempt from fees.
(4)Â
Failure to comply with the by-law after official notification shall
result in fees twice those normally assessed.
B.Â
Fees.
(1)Â
Fees for applications, permits, and direct connections, as well as all other fees that may be assessed in connection with implementation of this by-law shall be established in accord with the provisions of § 150-3 of these By-laws, and shall be in addition to any other fees required by state or local law or regulation.
(2)Â
Consultant
fees shall be determined on a case by case basis in accord with the
then-current version of the Stormwater Management Rules and Regulations
promulgated hereunder.
[1]
Editor's Note: This article also repealed former Subsections
C, which stated these fees were additional to other local or state
fees, and D, which stated that the Conservation Commission could reduce
the fee schedule.
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.
