Town of Belmont, MA Buildings and Construction

There shall be in the Town an administrator for alarm devices who shall have the power and duties granted under this bylaw.

The Police Chief or his designee shall be the administrator under the direction and control of the Select Board which is authorized to adopt regulations for the administration of this bylaw.

[Amended 5-29-2013 STM, approved 10-8-2013]

Alarm Appeal Board.

There shall be in the Town an Alarm Appeal Board which shall have the powers and duties granted to it under this bylaw.

The Alarm Appeal Board shall consist of the Select Board.

Registration required. Each alarm user shall register his alarm device or devices with the administrator prior to use and annually as described below.

[Amended 5-29-2013 STM, approved 10-8-2013]

Registration procedure.

The administrator will provide a registration form which states the terms of use of alarm devices in Belmont. A person wishing to use an alarm device is required to agree to these terms. The registration form will include the user's name, the name of the user's alarm contractor, if any, and any reasonable information required by the administrator. Alarm devices in use on the effective date of this bylaw must be registered within 60 days of that date. New alarm devices must be registered before use. Alarm devices must be registered each year by June 5 for the year beginning the following July 1. The administrator will provide registrants evidence of proper registration.

It shall be the responsibility of each alarm user to notify the administrator in writing of changes in registration information.[1]

[1]

Editor's Note: Original § 24.6.3, which immediately followed this subsection and provided registration fees, was repealed 5-29-2013 STM, approved 10-8-2013.

Confidential information. All information in the possession of the administrator, the Police Department or the Fire Department concerning particular alarm users and particular alarm devices shall be confidential and shall not be divulged without the written consent of the alarm user or users concerned.

Automatic dial alarm; interconnection to Town of Belmont's Public Safety Communications Center.

No automatic dial alarm may be installed without the prior approval of the administrator.

[Amended 5-29-2013 STM, approved 10-8-2013]

Within six months after the effective date of this bylaw, all automatic dial alarms presently in use shall be reprogrammed to dial a designated number within the Town of Belmont's Public Safety Communications Center. The automatic dial alarm shall be regulated so as not to repeat the message more than two times. Service for having automatic dial alarms reprogrammed and regulated shall be at the user's expense.

Exterior audible devices.

Unless required by law, no alarm device which produces an exterior audible signal shall be installed unless its operation is automatically restricted to a maximum of 20 minutes. Any alarm device in use as of the effective date of this bylaw must comply with this subsection within 180 days of such date.

Where an audible alarm continues beyond the maximum period or its activation is triggered repeatedly within a short time, the officer in charge of the Police Department may order the audible alarm to be silenced if it causes a disturbance of the peace unless the alarm user can correct the problem immediately. Reasonable efforts shall be made to notify the alarm user before taking this action.

Discontinuing alarm response. Where false alarm activations occur repeatedly at an address in the course of a day, the officer in charge of the Fire Department, for fire alarms, or the officer in charge of the Police Department, for other alarms, may order that police or fire response to the location in response to alarm activations be discontinued temporarily. When responses to alarm activations are discontinued, the police or fire officer in charge giving the order shall make reasonable efforts to inform the alarm user of this action so the alarm user may take corrective measures immediately.

Reporting of false alarms. The Police Department and Fire Department shall determine false alarms and report false alarms to the administrator.

Alarm charges.

When the administrator receives notice that the Police Department or Fire Department has responded to a false alarm, the administrator shall impose a charge on the responsible alarm user according to the following schedule:

For the first false alarm within the Town's fiscal year: no charge;

For the second such alarm: $10;

For the third such alarm: $25; and

For the fourth and subsequent such alarms: $50.

In addition to the provisions of Subsection L(1), there shall be no charge for the first false alarm occurring within one month after installation of an alarm device, and such false alarms shall not be considered in determining charges in accordance with the schedule set forth in Subsection L(1).

Where the administrator determines that the Police Department or Fire Department has responded to an unregistered alarm, the administrator shall impose a charge of $25 on the alarm user in addition to any false alarm charges that may be appropriate.

Notification and appeal.

False alarm charges.

The administrator shall notify the responsible alarm user of any false alarm charge by mail. Within 30 days after mailing of such notice, the alarm user may file with the administrator information to show that the alarm was not a false alarm within the meaning of this bylaw;

The administrator shall consider such information, reaffirm or rescind the false alarm charge, and notify the alarm user of his decision by mail. Within 30 days after the mailing of such notice, the alarm user may file with the Alarm Appeal Board an appeal in writing; and

In addition, for good cause shown, the administrator may reduce to one charge multiple charges that are due because of alarm activations occurring during a twenty-four-hour period.

Appeal to the Alarm Appeal Board. Upon receipt of a timely appeal from a false alarm charge, the Alarm Appeal Board shall hold a hearing to consider it and shall mail notice of the time and place of said hearing to the alarm user taking the appeal at his last known address at least 15 days before the hearing. On the basis of information provided by the alarm user and other information introduced at the hearing, the Board shall affirm the charge if it finds that the charge was properly imposed or rescind the charge if the charge was not properly imposed.

Notice to include instructions. Each notice of a false alarm charge or the reaffirmation of such a charge by the administrator shall refer to and provide instruction concerning the alarm user's right to further recourse by filing information with the administrator or an appeal with the Alarm Appeal Board, as the case may be.[2]

[2]

Editor's Note: Original § 24.14, Appeal fees, which immediately followed this subsection, was repealed 5-29-2013 STM, approved 10-8-2013.

Charges and fees paid into general fund. Charges for false alarms, registration fees and appeal fees will be collected by the administrator and deposited in the general fund.

Town assumes no responsibility for alarm devices. Notwithstanding the provisions of this bylaw, the Town, its departments, officers, agents and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device or of the alarm monitoring facilities at the Town of Belmont's Public Safety Communications Center. No liability whatsoever is assumed for the failure of such alarm devices or monitoring facilities, or for failure to respond to alarms or for any other act or omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the Town, its departments, officers, agents and employees from liability in connection with the alarm user's alarm device.

Penalty for certain violations. Any person who performs or causes to be performed any one of the following acts shall be subject to a fine of $100 for each such act:

[Amended 5-29-2013 STM, approved 10-8-2013]

Intentional causing of a false alarm;

Failure to register an alarm device or give notice of changes in registration information as required by this section; each day of such failure shall constitute a separate violation;

Use of automatic dial alarm or an exterior audible alarm device in violation of the provisions of this bylaw; each day of such use shall constitute a separate violation; and

Failure to pay a charge levied by the administrator acting under Subsection L within 30 days after the mailing of a notice of charge unless reconsideration is sought pursuant to Subsection M(1)(a); if reconsideration is denied, failure to pay such charge within 30 days of the administrator's decision on reconsideration unless an appeal is sought pursuant to Subsection M(1)(b); and if an appeal is denied, failure to pay such charge within 15 days of the Alarm Appeal Board's mailing of its decision affirming the charge.

Enforcement of this bylaw.

The Town, at the election of the administrator, may institute civil or criminal proceedings to enforce the provision of this bylaw.

The administrator may order that response to alarm activations at a location be discontinued when an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; or the alarm user repeatedly fails, after notice from the alarm administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device and the administrator determines that the purpose of this bylaw as set forth in Subsection A will be best served by discontinuing response.

The administrator may order that a master box be disconnected from the Town's municipal wires or removed from receiving equipment when an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; the alarm user repeatedly fails, after notice from the alarm administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device; or where the alarm user's master box or equipment causes interference with other users and the administrator determines that the purpose of this bylaw as set forth in Subsection A will be best served by disconnecting the master box.

INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2009

The administrator shall take reasonable steps to inform the alarm user in advance that responses will be discontinued or the master box will be disconnected and the actions that the alarm user must take in order to prevent alarm response from being discontinued or the master box from being disconnected.

[Amended 5-29-2013 STM, approved 10-8-2013]

Exceptions. The provisions of this bylaw shall not apply to alarm devices on premises owned or controlled by the Town, nor to alarm devices installed in a motor vehicle or trailer.

Severability. The invalidity of any part or parts of this bylaw shall not affect the validity of the remaining parts.

§ 60-305 Emergency personnel communication facilitation.

[Amended 4-26-2010 ATM, approved 9-30-2010]

The Select Board may promulgate regulations relative to the construction or substantial renovation of buildings to facilitate the operation of communications equipment by emergency personnel. Single-family and two-family residences shall not be subject to these regulations.

§ 60-310 Stretch Energy Code.

[Added 4-25-2011 ATM, approved 6-22-2011]

Definitions.

The International Energy Conservation Code (IECC) is a building energy code created by the International Code Council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy and is updated on a three-year cycle. Since July 1, 2010, the baseline energy conservation requirements of the Massachusetts State Building Code defaulted to the latest published edition, the IECC 2009 with Massachusetts's amendments as approved by the Board of Building Regulations and Standards.

STRETCH ENERGY CODE

Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA of the 8th edition Massachusetts Building Code, the Stretch Energy Code is an appendix to the Massachusetts Building Code, based on further amendments to the International Energy Conservation Code (IECC) to improve the energy efficiency of buildings built to this code.

Purpose. The purpose of 780 CMR 115.AA is to provide a more energy-efficient alternative to the base energy code applicable to the relevant sections of the Building Code for both new construction and existing buildings.

Applicability. The Stretch Energy Code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13 or 34, 61 or 93, as applicable.

[Amended 5-29-2013 STM, approved 10-8-2013]

Authority.

A municipality seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 780 CMR may mandate adherence to this appendix.

780 CMR 115.AA may be adopted or rescinded by any municipality in the commonwealth in the manner prescribed by law.

Incorporation and enforcement.

The Stretch Energy Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA, including any future editions, amendments or modifications, is herein incorporated by reference into this section.

[Amended 5-29-2013 STM, approved 10-8-2013]

PREFERABLY PRESERVED BUILDING

The Stretch Energy Code is enforceable by the Inspector of Buildings.

§ 60-315 Violations and penalties.

[Amended 11-8-2010 ATM, approved 2-10-2011]

In addition to the provisions for enforcement described above, the provisions of § 60-305 of this article and any regulations promulgated thereunder may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D ("§ 21D"). The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense.

"Enforcing person" as used in this section shall mean any police officer of the Town, the Director of Public Works and any other Town employee designated by the Select Board as an enforcing person.

An enforcing person taking cognizance of a violation of § 60-305 or any rule or regulation adopted thereunder shall give the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof for the noncriminal disposition thereof in accordance with the provisions of § 21D. The provisions of § 21D are incorporated herein by this reference.

§ 60-320 Demolition delay.

[Added 11-4-2013 STM, approved 1-30-2014; amended 5-2-2016 ATM, approved 7-21-2016; 5-1-2017 ATM, approved 9-20-2017; 5-2-2022 ATM, approved 9-26-2022]

Intent and purpose. This section is adopted for the purpose of preserving and protecting significant buildings within the Town of Belmont that constitute or reflect distinctive features of the architectural, cultural, economic, political, or social history of the Town; and to limit the detrimental effect of demolition on the character of the Town. Through this section, owners of preferably preserved buildings are encouraged to seek out and consider alternative options that will preserve, rehabilitate or restore such buildings; and residents of the Town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, this section promotes the public welfare by making the Town a more attractive and desirable place in which to live and work. To achieve these purposes, the Belmont Historic District Commission is authorized to advise the Inspector of Buildings with respect to demolition permit applications.

Definitions. For the purposes of this section, the following terms shall have the following definitions:

APPLICANT

Any person or entity that files an application for a demolition permit.

APPLICATION

An application for a demolition permit.

BUILDING

A roofed structure enclosing useful space.

COMMISSION

The Belmont Historic District Commission.

DEMOLISH

To engage in demolition of a building.

DEMOLITION

The removal or dismantling of a building in whole or substantial part, with or without the intent to replace the construction so affected.

DEMOLITION PERMIT

The permit required by the Inspector of Buildings for demolition of a building.

INSPECTOR OF BUILDINGS

The person authorized by law to issue demolition permits within the Town of Belmont.

LIST

A list of buildings, entitled Belmont's Significant Historic Buildings Subject to Demolition Delay Bylaw, prepared by the Commission and filed with the Town Clerk, on March 30, 2017, modified and filed with the Town Clerk on April 3, 2018, subject to deletions pursuant to Subsection C(3).

[Amended 5-2-2022 ATM, approved 9-26-2022]

Any significant building that the Commission determines, following a public hearing, should be preserved or rehabilitated rather than demolished.

SIGNIFICANT BUILDING

A building that is listed on the list.

STRUCTURE

Anything constructed or erected, the use of which requires fixed location on the ground.

The list of buildings.

Additional buildings shall not be added to the list.

Buildings that are located within the McLean Hospital National Historic District, the Common Street Historic District, the Pleasant Street Historic District and the Richardson Farm Historic District, as well as the Belmont Center Fire Station and Waverley Square Fire Station and all municipal buildings shall be ineligible for inclusion on the list.

The demolition of a significant building following the issuance of a demolition permit shall automatically result in the removal of such building from the list. Demolition permits issued for significant buildings shall expire six months after their issuance, and a significant building that is not demolished within such period shall remain on the list, and shall be subject to the review procedure set forth in Subsection E.

Exclusions. Subsection E shall not apply to:

The removal of a building to another site within the Town of Belmont;

Routine maintenance of a building;

Interior renovations of a building;

Removal, replacement, renovation, or construction of a building's porches, entryways, entry platforms and accompanying roofs, decks, dormers, or other architectural elements;

Removal or replacement of a building's roofing materials, siding, railings, or windows; or

Removal or destruction of a substantial addition to a significant building that, in the determination of the Commission, does not contribute to the historic character of the building.

Review procedure.

No demolition permit for a significant building shall be issued until the provisions of this subsection have been satisfied.

An applicant proposing to demolish a significant building shall file with the Inspector of Buildings an application containing the following information:

The address of the building to be demolished;

The owner's name, address, relevant contact information and telephone number;

A description of the building; and

Photographs of the building and of neighboring properties.

If the applicant is not the owner of the building, the application shall demonstrate the owner's assent to the filing of the application.

The Inspector of Buildings shall, within seven days of receipt of such application, forward a copy thereof to the Commission.

Within 35 days of receipt of a copy of the application from the Inspector of Buildings, the Commission shall hold a public hearing to determine if it is in the public interest for a significant building to be preserved or rehabilitated rather than demolished and, based on such determination, whether the significant building is a preferably preserved building. Public notice of the time, place and purpose of the hearing shall be posted in the same manner as meeting notices posted in Belmont under the Open Meeting Law, MGL c. 30A, § 20, for a period of not less than seven days prior to the hearing date. The Inspector of Buildings, the applicant and the owner of the significant building (if different from the applicant) shall be notified in writing of the meeting time and place no less than 14 days prior to the hearing date.

Within 10 days of the first date of such public hearing, the Commission shall provide written notification to the Inspector of Buildings and the applicant of its determination as to whether the significant building is a preferably preserved building. If agreed to in writing by the applicant, the determination of the Commission and notification to the Inspector of Buildings may be postponed to a specified date. If the Commission does not provide written notification to the Inspector of Buildings and the applicant of its determination in writing by such deadline, then the Inspector of Buildings may issue the demolition permit.

If the Commission determines that the significant building is not a preferably preserved building, the Commission shall so notify the Inspector of Buildings and applicant in writing. The Inspector of Buildings may then issue the demolition permit.

If the Commission determines that the significant building is a preferably preserved building, a demolition permit may thereafter be issued no sooner than 12 months after the date that the application was filed with the Inspector of Buildings, unless a shorter time is otherwise authorized by the Commission based on its finding that the intent and purpose of this section, as provided in Subsection A hereof, will be adequately served.

Responsibility of owners and applicants.

The owner of a significant building for which a demolition permit is being sought shall:

Provide such information as is reasonably requested by the Commission in connection with its consideration of whether the significant building is a preferably preserved building;

Allow exterior access to the property on which the significant building is located, as reasonably requested by the Commission; and

Secure the significant building, if vacant, to the satisfaction of the Inspector of Buildings until a demolition permit is issued.

An applicant who has applied for a demolition permit for a preferably preserved building shall:

Participate in the investigation of preservation options for the preferably preserved building; and

Reasonably cooperate with the Commission and any interested parties in seeking alternatives to the demolition of the preferably preserved building.

If the owner of a significant building fails to secure the building to the satisfaction of the Inspector of Buildings, the subsequent destruction of the building through any cause shall be considered a voluntary demolition in violation of this section if such destruction could have been prevented by the required security measures.

Emergency demolition.

Nothing in this section shall restrict the Inspector of Buildings from ordering the immediate demolition, in accordance with applicable law, of any building in the event of imminent danger to the safety of the public. In the event that the Inspector of Buildings is informed that a significant building is dangerous to life or limb, or otherwise may be subject to a removal order, the Commission shall be notified and, where practicable, the Commission or its designee shall be allowed to accompany the Inspector of Buildings during the inspection of the building.

As soon as practicable after the Inspector of Buildings has issued an emergency demolition order for a significant building, a copy of such order shall be provided to the Commission, together with copies of all documentation relevant thereto.

Administration, enforcement and remedies.

The Commission may adopt such rules and regulations as are necessary to administer the provisions of this section, but may not increase the length of the delay period stated herein.

In computing any period of time prescribed in this section, the day of the act, event, or default after which the designated period begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next business day.

The Commission and the Inspector of Buildings are each specifically authorized to institute any and all actions and proceedings, in law or equity, as either of them may deem necessary and appropriate to obtain compliance with the requirements of this section or to prevent a threatened violation thereof.

Any owner of a significant building that is demolished without first obtaining a demolition permit in accordance with the provisions of this section shall be subject to a penalty of $300. Each day that such violation exists until a faithful restoration of the demolished significant building or other remediation or remediation plan has been approved by the Commission shall constitute a separate offense. The Inspector of Buildings may enforce this section by noncriminal disposition as provided in MGL c. 40, § 21D.

If a significant building is voluntarily demolished without first obtaining a demolition permit in accordance with the provisions of this section, no building permit authorizing construction on the lot on which the building was located or on any adjoining lot under common ownership therewith shall be issued for a period of two years from the date of the demolition, unless agreed to by the Commission.

§ 60-325 Stormwater management and erosion control.

[Added 5-8-2013 ATM, approved 10-9-2013 (Art. 34 of the 1981 Bylaws); amended 5-29-2013 ATM, approved 10-8-2013; 5-4-2015 ATM, approved 8-2-2015; 5-2-2022 ATM, approved 9-26-2022]

Purposes. The purposes of this § 60-325 are:

To prevent pollutants from entering the Town of Belmont's Municipal Separate Storm Sewer System ("MS4");

To prohibit illicit connections and unauthorized discharges to the MS4 and to require the removal of all such illicit connections and unauthorized discharges;

To comply with state and federal statutes and regulations relating to stormwater discharges, including Total Maximum Daily Load requirements, and comply with the General Permit for Stormwater Discharges from Small Municipal Separate Stormwater Systems in Massachusetts, issued by the U.S. Environmental Protection Agency ("EPA") and the Massachusetts Department of Environmental Protection ("MS4 Permit");

To establish the legal authority to ensure compliance with the provisions of this bylaw through permitting, inspection, monitoring, and enforcement;

To control runoff and prevent soil erosion and sedimentation resulting from construction site stormwater runoff;

To promote infiltration and the recharge of groundwater;

BEST MANAGEMENT PRACTICES (BMPs)

To protect, maintain, and enhance the public safety, environment, health, and general welfare by establishing minimum requirements and procedures to manage stormwater runoff; and

(8)

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.

Definitions. For the purposes of this § 60-325, the following definitions shall apply:

ALTERATION

Any activity, that will change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Examples include, without limitation, construction of new structures, earthmoving, paving, and modification of existing vegetation.

Structural, non-structural, and managerial techniques that are recognized to be the most effective and practical means to prevent or minimize increases in stormwater volumes and flows, reduce point-source and nonpoint-source pollution, and promote stormwater quality and protection of the environment.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) as it may hereafter be amended.

CONSTRUCTION AND WASTE MATERIALS

Excess or discarded building or site materials that may adversely impact water quality, including without limitation concrete truck "washout," chemicals, litter, and sanitary waste at a construction site.

CONSTRUCTION SITE

Any site where activity is proposed or occurs that involves the alteration of more than 2,500 square feet of land.

HAZARDOUS MATERIAL

Any material that, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious material, acid and alkali, and any substance defined as Toxic or Hazardous under M.G.L. c. 21C and c. 21E, or the regulations at 310 CMR 30.000 or 310 CMR 40.0000.

ILLICIT CONNECTION

A surface or subsurface drain or conveyance that allows an Illicit Discharge into the MS4, including any connection from an indoor drain, sinks, toilet, or laundry facility, regardless of whether the connection was previously allowed, permitted, or approved before the effective date of this § 60-325.

ILLICIT DISCHARGE

Any direct or indirect discharge to the MS4 or the Waters of the Commonwealth that is not composed entirely of stormwater, including, without limitation, any discharge of a pollutant, sewage, process wastewater, or wash water, except as exempted in Subsection E(3). The term does not include a discharge in compliance with an NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit.

IMPERVIOUS SURFACE

Any material or structure on, above or below the ground that prevents water from infiltrating through to the underlying soil. Impervious surfaces may include, without limitation: paved surfaces, parking lots, sidewalks, driveways, roof tops, and swimming pools.

LOW IMPACT DEVELOPMENT or LID

Site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. LID employs principles to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product, such as preserving and recreating natural landscape features and minimizing effective imperviousness. LID practices include without limitation bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements.

MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM)

The system of conveyances, owned or operated by the Town of Belmont, that is 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, swale, culvert, channel, catch basin, outfall, outlet, reservoir, or other drainage structure.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") STORMWATER DISCHARGE PERMIT

A permit issued by the EPA or jointly with the state that authorizes the discharge of stormwater containing pollutants into waters of the United States.

NEW DEVELOPMENT

Any Alteration creating any impervious cover that occurs on a lot or parcel that has not previously been developed.

NON-STORMWATER DISCHARGE

A discharge into the MS4 that is not composed entirely of stormwater.

NONPOINT SOURCE POLLUTION

Any water pollution having a source that is not a "point source."

OCD

Town of Belmont Office of Community Development.

OPERATION AND MAINTENANCE PLAN

A plan setting 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.

PERSON

An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth of Massachusetts 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, without limitation, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. The term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

POLLUTANT

Any element or characteristic of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into Belmont's MS4 or waters of the Commonwealth. Pollutants shall include, but are not limited to:

Paints, varnishes, and solvents;

Oil and other automotive fluids;

Non-hazardous liquid and solid wastes and yard wastes;

Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;

Excess Pesticides, herbicides, and fertilizers;

Hazardous materials and wastes;

STORMWATER MANAGEMENT AND EROSION CONTROL PERMIT

Sewage, fecal coliform and pathogens;

(8)

Dissolved and particulate metals;

(9)

Animal wastes;

(10)

Rock, sand, salt, silt, soils;

(11)

Construction wastes and residues; and

(12)

Noxious or offensive matter of any kind.

RECHARGE

The process by which groundwater is replenished by precipitation.

REDEVELOPMENT

Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites.

RUNOFF

The water from rain, snowmelt, or irrigation that flows over the land surface and is not absorbed into the ground, instead flowing into the MS4 or streams or other surface waters or land depressions.

SANITARY SEWER SYSTEM

A separate underground conveyance system specifically for transporting sanitary waste operated separately and independently from the MS4, to which storm, surface, and ground waters are not lawfully admitted.

STORMWATER

Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.

STORMWATER MANAGEMENT

The use of structural or non-structural practices that are designed to reduce and control stormwater runoff pollutant loads, discharge volumes or peak flow discharge rates. Stormwater Management includes the use of Low- Impact Development (LID) management practices.

A permit issued by the Town of Belmont Office of Community Development, approving a system that is designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated stormwater runoff.

STORMWATER MANAGEMENT STANDARDS

The Stormwater Management Standards and accompanying Stormwater Handbook(s) issued by the Massachusetts Department of Environmental Protection or any successor agency, as such Standards and Handbooks may be hereafter superseded or amended.

SUBSTANTIAL DEMOLITION

The demolition of at least 50% of an existing principal structure, measured by the area of the footprint of the structure on the lot.

TOTAL MAXIMUM DAILY LOAD or TMDL

Section 303(d) of the Clean Water Act authorizes the EPA to assist states, territories, and authorized tribes in listing impaired waters and developing a Total Maximum Daily Load ("TMDL") for each of these waterbodies. A TMDL establishes the maximum amount of a pollutant that a waterbody can accept and still meet water quality standards for protecting public health and maintaining the designated beneficial uses of those waters for drinking, swimming, recreation, and fishing. A TMDL includes Waste Load Allocations for point source discharges, Load Allocations for nonpoint sources, and natural background and must include a margin of safety and account for seasonal variations.

VEGETATION

Trees, shrubs, bushes, and ground cover, including grass.

WATERS OF THE COMMONWEALTH

All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

Administration.

The Select Board shall adopt, and may periodically amend, rules and regulations relating to the requirements, procedures, administration, and enforcement of this § 60-325, after conducting a public hearing to receive comments on any proposed rules and regulations.

The OCD shall be responsible for the day-to-day administration of this § 60- 325 and shall be the Stormwater Management and Erosion Control Permit Granting Authority.

The OCD shall have the authority to investigate suspected illicit discharges and to require the elimination of illicit discharges.

Permit process.

A completed application for a Stormwater Management and Erosion Control Permit shall be filed with the OCD. A permit shall be obtained prior to the commencement of any work regulated by § 60-325.

Some permit applications may require the OCD to secure the services of a Licensed Professional Engineer with expertise in stormwater management and erosion control to assist with the administration of § 60-325. These services shall be paid for by the Applicant prior to the issuance of the Stormwater Management and Erosion Control Permit.

The OCD shall take final action on an application for a Stormwater Management and Erosion Control Permit within 30 days from the receipt of a complete application. The OCD may approve the application; approve the application with conditions; or disapprove the application. Failure by the OCD to take final action on an application within 30 days following the receipt of a complete application shall be deemed to be approval of the application, unless this timeframe is extended by mutual agreement of the OCD and applicant.

The applicant, or an agent thereof, shall obtain the approval of the OCD prior to any change or modification of an activity authorized in a Stormwater Management and Erosion Control Permit. The OCD may approve the request if it determines that the change or modification is consistent with the Regulations promulgated pursuant to Subsection E of § 60-325, the Stormwater Management Standards and Best Management Practices. The OCD has the right to amend the existing permit and require additional stormwater runoff and erosion control measures prior to approval of the change or modification.

Discharges to the Municipal Separate Storm Sewer System (MS4).

Applicability. This Subsection E shall apply to all direct or Indirect Discharges to the municipal storm drain system and to any activities that might obstruct the municipal storm drain system.

Prohibited activities.

Illicit discharges. No person shall commence, allow, conduct, or continue any Illicit Discharge into the MS4 or into the Waters of the Commonwealth. Nothing in this § 60-325 shall be construed to exempt stormwater discharges from regulation under the National Pollutant Discharge Elimination System ("NPDES") stormwater program where applicable.

Illicit connections. No person shall construct, use, allow, maintain, or continue any Illicit Connection to the MS4, regardless of whether the connection was permissible under applicable law, regulation, or custom at the time of connection.

Obstruction of municipal storm drain system. No person shall obstruct or interfere with the normal flow of Stormwater into or out of the MS4 without prior written approval from the OCD.

Regulated activities. No person shall connect a pipe or other appurtenance to the Town of Belmont Sanitary Sewer System or the MS4, or otherwise perform any modification, repair, rehabilitation, or replacement work on either system, without a Sanitary Sewer and Storm Drain Connection Permit.

Exemptions. The following Non-Stormwater Discharges are exempt from the requirements of Subsections D and E of this Section except if the OCD determines, after notice and an opportunity for hearing, that the source is a significant contributor of a Pollutant to the MS4 or Waters of the United States:

Water line flushing;

Landscape irrigation;

Diverted stream flows;

Rising ground waters,

(e)

Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005[20]);

(f)

Uncontaminated pumped ground water;

(g)

Discharges from potable water sources;

(h)

Foundation drains;

(i)

Air conditioning condensation;

(j)

Irrigation water and springs;

(k)

Water from basement, cellar, and crawl space pumps;

(l)

Footing drains;

(m)

Lawn watering;

(n)

Car washing undertaken by individual residents at their homes;

(o)

Flows from wetland resource areas;

(p)

De-chlorinated swimming pool discharges;

(q)

Street wash water and residential building wash waters, without detergents;

(r)

Discharges or flows from firefighting activities;

(s)

Dye testing, if written approval is given by the OCD prior to the time of the test;

(t)

Non-Stormwater Discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the U.S. 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

(u)

Discharges necessary to protect public health, safety, welfare or the environment, for which advanced written approval is received from the OCD.

Emergency Suspension of Storm Drain System Access. The OCD may suspend MS4 access to any person or property without prior written notice when such suspension is determined to be necessary to prevent or terminate a threatened or actual discharge of Pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event that any person fails to comply with an emergency suspension order issued pursuant to this section, the OCD may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare, or the environment.

Additional prohibited pollutants.

Pet waste. The Town of Belmont is subject to a Pathogen TMDL, and dog feces is a major component of stormwater pollution. In addition to the requirements of § 60-200, dog feces shall not be disposed in any public or private storm drain, catch basin, wetland, or water body or on any paved or impervious surface.

Stormwater management and erosion control.

Regulated activities. A Stormwater Management and Erosion Control Permit shall be required prior to undertaking any land disturbance that involves:

An alteration that will result in land disturbances of 2,500 square feet of total area or more, or that is part of a common plan of development that will disturb 2,500 square feet or more;

An alteration that will increase the amount of a lot's impervious surface area to more than 25% of the lot's total area; or

Storage or permanent placement of more than 100 cubic yards of excavated material, fill, snow or ice.

Exempt activities. Alteration on lots with one, two, or three-dwelling units existing as of the effective date of the Article shall be exempt from Subsections D and F, except for Alteration on any such lot greater than one acre of land or associated with the Substantial Demolition of such dwelling unit(s) and Alteration on such lot thereafter. In addition, the following activities shall be exempt from Subsection F:

Any work or projects for which all necessary approvals and permits have been issued before the effective date of this bylaw;

Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture, or the use, expansion, or reconstruction of existing structures for the primary purpose of agriculture, horticulture, floriculture, or viticulture, to the extent protected under the Zoning Act, MGL c. 40A, § 3;

Customary cemetery management;

Stormwater discharges that are authorized by an Order of Conditions issued by the Conservation Commission that meet the requirements of the Massachusetts Stormwater Standards;

(e)

Customary landscaping, gardening, and lawn care activities;

(f)

Activities not expressly regulated by Subsection F(1);

(g)

Normal maintenance of Town-owned public land, ways, public utilities, and appurtenances; and

(h)

Emergency activities necessary to protect public health or safety.

General requirements.

An Operation and Maintenance Plan shall be submitted to the OCD for approval prior to the issuance of a Stormwater Management and Erosion Control Permit. The Operation and Maintenance Plan shall be designed to ensure compliance with the Stormwater Management and Erosion Control Permit, this Section, and the Massachusetts Surface Water Quality Standards, 314 CMR 4.00, in all seasons and throughout the life of the system.

As-built drawings shall be submitted to the OCD at the completion of a project. The as-built drawings must depict all on-site controls, both structural and non-structural, designed to manage the stormwater associated with the completed site.

The OCD may require the applicant to contribute to the cost of design, construction, and maintenance of a public or shared stormwater facility in lieu of an on-site stormwater facility where the OCD determines that there are not sufficient site conditions for on-site Best Management Practices that will satisfy the design criteria set forth in Subsection F(4) of this bylaw and the performance standards set forth in the regulations promulgated under this bylaw. Funds so contributed may be used to design, construct, and maintain stormwater projects that will improve the quality and quantity of surface waters in Belmont by treating and recharging stormwater from existing impervious surfaces that is now discharged to said waters with inadequate treatment or recharge. The amount of any required contribution to the fund shall be determined by the OCD pursuant to standards established in the Regulations adopted pursuant to this Section.

Design criteria. Each New Development and each Redevelopment shall satisfy the following design criteria:

Compliance with all applicable provisions of the Stormwater Management Standards, regardless of the proximity of the development to resource areas or their buffer zones, as defined by the Wetlands Protection Act, MGL c. 131, § 40, and its implementing regulations.

Erosion and sediment controls must be implemented to prevent adverse impacts during disturbance and construction activities.

There shall be no change to the existing conditions of abutting properties from any increase in peak flows or volumes of stormwater runoff or from erosion, silting, flooding, sedimentation or impacts to wetlands, ground water levels, or wells.

When any proposed discharge may have an impact upon streams, wetlands, or storm sewers, the OCD may require minimization or elimination of this impact based on site conditions and existing stormwater system capacity.

(e)

Compliance with all applicable provisions of the MS4 Permit, including performance standards for New Development and Redevelopment.

Severability. If any provision of this § 60-325 shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Section shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Subsection A.

Enforcement. The OCD shall enforce this bylaw, and any regulations, orders, violation notices, and enforcement orders made pursuant to this § 60-325, and may pursue all civil and criminal remedies for such violations.

The OCD may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include (but are not limited to) an order to:

Eliminate illicit connections or discharges to the MS4;

Perform monitoring, analyses, and reporting;

Cease and desist unlawful discharges, practices, or operations; and

Remediate contamination in connection therewith.

If the OCD determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the OCD may, at its option, authorize such work, and the expenses thereof shall be charged to the violator in an amount not exceeding the penalty specified in Subsection H(5).

If the OCD performs the work described in Subsection H(2), the violator and the property owner shall be notified of the costs incurred by the OCD, including administrative costs, within 30 days after completing all measures necessary for the abatement or remediation. Within 30 days of receipt of such notification, the violator or property owner may file with the Town Administrator a written protest objecting to the amount or basis of the costs incurred. Upon receipt of such a protest, the Town Administrator may adjust the amount of the costs to be charged to the violator pursuant to Subsection H(2).

If a person violates the provisions of this bylaw, or any regulation, permit, notice, or order issued thereunder, the OCD, with the approval of the Select Board, may seek injunctive relief in a court of competent jurisdiction to restrain such person from activities that would create further violations or to compel the person to perform abatement or remediation of the violation.

As an alternative to criminal remedies set forth in this Section, the OCD may elect to utilize non-criminal disposition procedures set forth in MGL c. 40, § 21D. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. 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.

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the OCD, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this section and regulation, and may make or cause to be made such examinations, surveys, or sampling as the OCD deems reasonably necessary.