[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
A.
Increased volumes of stormwater and contaminated stormwater runoff
are major causes of:
B.
The United States Environmental Protection Agency has identified
land disturbance and polluted stormwater as major sources of water
pollution. Regulation of illicit connections and discharges to the
municipal storm drain system is necessary for the protection of the
Town of Mansfield's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the natural resources of the
Town.
C.
The objectives of this bylaw are to:
(1)
Prevent pollutants from entering the Town of Mansfield's municipal
storm drain system;
(2)
Prohibit illicit connections and unauthorized discharges to the Town;
(3)
Require the removal of all such illicit connections;
(4)
Comply with state and federal statutes and regulations relating to
stormwater discharges;
(5)
Establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement; and
(6)
Supplement the Board of Health Regulation on the Disposition of Motor
Oil, dated April 20, 1989, as hereafter amended.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including,
without limitation, sewage, process wastewater, or wash water and
any connections from indoor drains, sinks, or toilets, regardless
of whether said connection was previously allowed, permitted, or approved
before the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 185-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to § 185-8C of this bylaw.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
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 human-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Mansfield.
A permit issued by United States Environmental Protection
Agency or jointly with the commonwealth that authorizes the discharge
of pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material which, 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. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under MGL c. 21C
and c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that, during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
A natural or human-made channel through which water flows
or a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, costal waters, and groundwater.
This bylaw shall apply to flows entering the municipal storm
drainage system.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act, and pursuant to the regulations of the Federal Clean
Water Act found at 40 CFR 122.34, and the Phase II ruling from the
Environmental Protection Agency found in the December 8, 1999, Federal
Register.
The Department of Public Works shall administer, implement and
enforce this bylaw. Any powers granted to or duties imposed upon the
Department of Public Works may be delegated in writing by the Department
of Public Works to its employees or agents.
The Department of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Department
of Public Works to promulgate such rules and regulations shall not
have the effect of suspending or invalidating this bylaw.
Prohibited activities are as follows:
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain system, into a watercourse, or into the waters
of the commonwealth.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Department of Public Works.
Exemptions from this bylaw are as follows:
A.
Discharge or flow resulting from fire-fighting activities.
B.
Discharge or flow that results from conditions that require immediate
action and occurs during a state of emergency declared by any agency
of the federal or state government, or by the Mansfield Town Manager,
Select Board or Board of Health.
C.
The following non-stormwater discharges or flows are exempt from
the prohibition of non-stormwaters, provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system:
(1)
Water line flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided test data is submitted to the Town substantiating
that the water meets the one ppm standard and the pool is drained
in such a way as not to cause a nuisance or public safety issue, and
complies with all applicable Town bylaws;
(12)
Discharge from street sweeping;
(13)
Dye testing;
(14)
Non-stormwater discharge permitted under an NPDES permit or
a surface water discharge permit, waiver, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency or the Department of Environmental Protection, provided
that the discharge is in full compliance with the requirements of
the permit, waiver, or order and applicable laws and regulations;
and
(15)
Discharge for which advance written approval is received from
the Conservation Commission and the Department of Public Works as
necessary to protect public health, safety, welfare or the environment.
The Department of Public Works may suspend municipal storm drain
system access to any person or property without prior written notice
when such suspension is necessary to stop an actual or threatened
discharge of pollutants that presents imminent risk of harm to the
public health, safety, welfare or the environment. In the event any
person fails to comply with an emergency suspension order, the Department
of Public Works may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or waters of the commonwealth, the
person shall take all necessary steps to ensure containment and cleanup
of the release. In the event of a release of oil or hazardous materials,
the person shall immediately notify the municipal Fire and Police
Departments, the Conservation Commission and the Department of Public
Works. In the event of a release of nonhazardous material, the reporting
person shall notify the Conservation Commission and the Department
of Public Works no later than the next business day. The reporting
person shall provide to the Conservation Commission and the Department
of Public Works written confirmation of all telephone, facsimile or
in-person notifications within three business days thereafter. If
the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or operator of the facility shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
A.
Authorized agents. The Department of Public Works, or an authorized
agent of the Department of Public Works, shall enforce this bylaw,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
B.
Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Department
of Public Works 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.
C.
Orders.
(1)
The Department of Public Works, or an authorized agent of the Department
of Public Works, may issue a written order to enforce the provisions
of this bylaw or the regulations thereunder, which may include:
(2)
If the enforcing person 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
Town of Mansfield may, at its option, undertake such work, and expenses
thereof shall be charged to the violator.
(3)
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 Department
of Public Works 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 Department of Public Works affirming or reducing
the costs, or from a final decision of a court of competent jurisdiction,
the costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57 after
the 31st day at which the costs first become due.
D.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
E.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Mansfield may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, of the General Bylaws of the Town of Mansfield, in which case the enforcing person shall be as defined in the General Bylaws. The penalty for each violation 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 bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Department of Public Works, its agents, officers,
and employees may enter upon privately owned property for the purpose
of performing their duties under this bylaw and regulations and may
make or cause to be made such examinations, surveys or sampling as
the Department of Public Works deems reasonably necessary.
G.
Appeals. The decisions or orders of the Department of Public Works
shall be final. Further relief shall be to a court of competent jurisdiction.
H.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
Residential property owners shall have 180 days from the effective
date of this bylaw to comply with its provisions, or petition the
Department of Public Works for an extension with the reasons for failure
to comply and a schedule for compliance.
A.
Increased volumes of stormwater and contaminated stormwater runoff,
and soil erosion and sedimentation are the major causes of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Alteration or destruction of aquatic and wildlife habitat;
(4)
Flooding; and
(5)
Overloading or clogging of municipal catch basins and storm drainage
systems.
B.
The objectives of this bylaw are to:
(1)
Protect water resources;
(2)
Require practices that eliminate soil erosion and sedimentation;
(3)
Control the volume and rate of stormwater runoff resulting from land
disturbance activities to minimize potential impacts of flooding;
(4)
Promote infiltration and the recharge of groundwater;
(5)
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;
(6)
Require practices to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality;
(7)
Prevent pollutants from entering the municipal storm drain system;
(8)
Ensure adequate long-term operation and maintenance of structural
stormwater best management practices;
(9)
Comply with state and federal statutes and regulations relating to
stormwater discharges; and
(10)
Establish the Town of Mansfield's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring,
and enforcement.
As used in this bylaw, the following terms shall have the meanings
indicated:
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the areas.
Such changes include change from distributed runoff to confined, discrete
discharge, change in the volume of runoff from the area, change in
the peak rate of runoff from the area, and change in the recharge-to-groundwater
on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, requesting a soil erosion and sediment control permit for
proposed land-disturbance activity.
The Conservation Commission, its employees or agents designated
to enforce this bylaw.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel of similar earth material.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a professional land surveyor
(PLS) which includes best management practices, or equivalent measures
designed to control surface runoff, erosion and sedimentation during
preconstruction and construction-related land disturbance activities.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks and rooftops.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MGL c. 131A and its implementing regulations at 321
CMR 10.00 which prohibit the "taking" of any rare plant or animal
species listed as endangered, threatened, or of special concern.
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act (MGL c. 131, § 40) and Massachusetts Clean
Waters Act (MGL c. 21, §§ 23 through 56). The
policy addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
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 human-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Mansfield.
A plan describing 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 point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of the commonwealth.
Waters designated by the Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociological, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
Rainfall, snow melt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE) or a professional land surveyor
(PLS), which includes structural and nonstructural best management
practices to manage and treat stormwater runoff generated from regulated
development activity. A stormwater management plan also includes an
operational and maintenance plan describing the maintenance requirements
for best structural management practices.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
A natural or human-made channel through which water flows
or a stream of water, including a river, brook, or underground stream.
Areas specified in the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and in the Town of Mansfield's Wetland Bylaw (Chapter 220 of the Town Code).
Tidal and nontidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, including freshwater
marshes around ponds and channels (rivers and streams), brackish and
salt marshes; common names include "marshes," "swamps" and "bogs."
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule Statutes,
and pursuant to the regulations of the Federal Clean Water Act found
at 40 CFR 122.34, published in the Federal Register on December 8,
1999.
This bylaw shall apply to all activities that result in disturbance
of one or more acres of land in the Town of Mansfield. Except as permitted
by the Conservation Commission or as otherwise provided in this bylaw,
no person shall perform any activity that results in disturbance of
an acre or more of land.
The following activities are exempt from regulations under the
Stormwater Management and Land Disturbance Bylaw:
A.
Normal maintenance and improvement of land in agricultural or aquacultural
use, as defined by the Wetlands Protection Act regulation 310 CMR
10.4.
B.
Stormwater discharges resulting from activities that are subject
to jurisdiction under the Wetlands Protection Act and demonstrate
compliance with the Massachusetts Storm Water Management Policy as
reflected in an order of conditions issued by the Conservation Commission.
A.
The Conservation Commission shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Conservation
Commission may be delegated in writing by the Conservation Commission
to its employees or agents.
B.
Waiver. The Conservation Commission may waive strict compliance with
any requirement of this bylaw or the rules and regulations promulgated
hereunder, where such action:
C.
Rules and regulations. The Conservation Commission may adopt and
periodically amend rules and regulations to effectuate the purposes
of this bylaw. Failure by the Conservation Commission to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this bylaw.
Permits are required prior to an activity disturbing an acre
or more of land. The site owner or their agent shall file for the
permit with the Conservation Commission; however, any permit will
be issued to the owner.
A.
Application. A completed application for a land disturbance permit
shall be filed with the Conservation Commission in a form and containing
information as specified in this bylaw and in regulations adopted
by the Conservation Commission. A permit must be obtained prior to
the commencement of land-disturbing activity that may result in the
disturbance of an area of one acre or more. The land disturbance permit
application package shall include:
(1)
A completed application form with original signatures of all owners;
(2)
A list of abutters, certified by the Assessor's office;
(3)
Eight copies of submittal documents;
(4)
Payment of the application and review fees; and
(5)
One copy each of the application form and the list of abutters filed
with the Town Clerk.
B.
Fees.
(1)
Application fees shall be established by the Conservation Commission
to cover expenses connected with public notice, application review,
and monitoring permit compliance.
(2)
In addition, the Conservation Commission may also establish a professional
review fee sufficient to cover a professional review based on the
magnitude of the project and the potential environmental impacts.
The Conservation Commission is authorized to retain a registered professional
engineer or other professional consultant to advise the Commission
on any or all aspects of these plans. Applicants must pay review fees
before the review process may begin. The applicant for a land disturbance
permit may be required to establish and maintain an escrow account
to cover the costs of said consultant.
C.
Information requests. The Commission may request such additional
information as is necessary to enable the Commission to determine
whether the proposed land disturbance activity will protect water
resources and meet the objectives of this bylaw.
D.
Determination of completeness. The Conservation Commission shall
make a determination as to the completeness of the application and
adequacy of the materials submitted. No review shall take place until
the application has been found to be complete.
E.
Coordination with other boards. On receipt of a complete application
for a land disturbance permit, the Conservation Commission shall distribute
one copy each to the Planning Board, Department of Public Works, Board
of Health, Engineering Department, and Building Department for review
and comment. Said agencies shall, in their discretion, investigate
the case and report their recommendations to the Conservation Commission.
The Conservation Commission shall not hold a hearing on the land disturbance
permit until it has received reports from said agencies, or until
said agencies have allowed 40 days to elapse after receipt of the
application materials without submission of a report thereon.
F.
Right of entry. Filing an application for a land disturbance permit
grants the Conservation Commission, or its agent, permission to enter
the site to verify the information in the application and to inspect
for compliance with permit conditions.
G.
Hearing. Within 60 days of receipt of a complete application for
a land disturbance permit, the Conservation Commission shall hold
a public hearing and shall take final action within 60 days from the
close of the hearing unless such time is extended by agreement between
the applicant and the Conservation Commission. Notice of the public
hearing shall be given by publication in a local paper of general
circulation, by posting and by certified mailings to abutters, at
least 14 days prior to the hearing. The Conservation Commission shall
be responsible for posting the notice at the Town Hall. The applicant
shall be responsible for publishing the notice in the local newspaper
and for notifying abutting property owners, by certified mail, return
receipt requested. Copies of the certified mail receipts shall be
submitted to the Conservation Commission for verification prior to
opening the public hearing. The Conservation Commission shall make
the application available for inspection by the public during regular
business hours at the Town of Mansfield Conservation Office.
H.
Action. The Conservation Commission may:
(1)
Approve the application and issue a permit if it finds that the proposed
plan will protect water resources and meets the objectives and requirements
of this bylaw;
(2)
Approve the application and issue a permit with conditions, modifications
or restrictions that the Conservation Commission determines are required
to ensure that the project will protect water resources and meets
the objectives and requirements of this bylaw; or
(3)
Disapprove the application and deny the permit if it finds that the
proposed plan will not protect water resources or fails to meet the
objectives and requirements of this bylaw. If the Conservation Commission
finds that the applicant has submitted insufficient information to
describe the site, the work, or the effect of the work on water quality
and runoff volume, the Conservation Commission may disapprove the
application, denying a permit.
I.
Project changes. The permittee, or its agent, must notify the agent
of the Conservation Commission in writing of any change or alteration
of a land-disturbing activity before the change or alteration occurs.
If the agent of the Conservation Commission determines that the change
or alteration is significant, based on the design requirements listed
in Part II or Part III of the regulations adopted by the Conservation
Commission under this bylaw, the agent of the Conservation Commission
may require that an amended application or a full application be filed
in accordance with this section. If any change or alteration from
the land disturbance permit occurs during land-disturbing activities,
the agent of the Conservation Commission may require the installation
of interim erosion and sedimentation control measures before approving
the change or alteration.
The erosion and sediment control plan shall contain sufficient
information to describe the nature and purpose of the proposed development,
pertinent conditions of the site and the adjacent areas, and proposed
erosion and sedimentation controls. The applicant shall submit such
material as is necessary to show that the proposed development will
comply with the design standards and contain the information listed
in the regulations adopted by the Conservation Commission for administration
of this bylaw.
The stormwater management plan shall contain sufficient information
to describe the nature and purpose of the proposed development, pertinent
conditions of the site and the adjacent areas, and proposed best management
practices for the permanent management and treatment of stormwater.
The stormwater management plan shall contain sufficient information
for the Conservation Commission to evaluate the environmental impact,
effectiveness, and acceptability of the measures proposed by the applicant
for reducing adverse impacts from stormwater. The plan shall be designed
to meet the Massachusetts Stormwater Management Standards and DEP
Stormwater Management Handbook, Volumes I and II. The stormwater management
plan shall fully describe the project in drawings and narrative. The
applicant shall submit such material as is required by the regulations
adopted by the Conservation Commission for the administration of this
bylaw.
A.
An operations and maintenance plan (O&M plan) for the permanent
stormwater management system is required at the time of application
for all projects. The maintenance plan shall be designed to ensure
compliance with this bylaw and that the Massachusetts Surface Water
Quality Standards contained in 314 CMR 4.00 are met in all seasons
and throughout the life of the system. The Conservation Commission
shall make the final decision of what maintenance is appropriate in
a given situation. The Conservation Commission will consider natural
features, proximity of site to water bodies and wetlands, extent of
impervious surfaces, size of the site, the types of stormwater management
structures, potential need for ongoing maintenance activities when
making this decision, and require the submittal of certified annual
reports as part of the O&M plan. Once approved by the Conservation
Commission, the operations and maintenance plan shall be recorded
at the Bristol County Registry of Deeds by the permittee, shall remain
on file with the Conservation Commission and shall be an ongoing requirement.
The operations and maintenance plan shall conform to the requirements
listed in the regulations adopted by the Conservation Commission for
the administration of this bylaw. Stormwater management easements
shall be provided by the property owner(s) in areas and as necessary
to carry out the required maintenance.
B.
Changes to operation and maintenance plans.
(1)
The owner(s) of the stormwater management system must notify the
Conservation Commission or its agent of changes in ownership or assignment
of financial responsibility.
(2)
The maintenance schedule in the maintenance agreement may be amended
to achieve the purposes of this bylaw by mutual agreement of the Conservation
Commission and the responsible parties. Responsible parties shall
include owners, persons with financial responsibility, and persons
with operational responsibility. Once the amended plan is signed,
the Conservation Commission shall file it at the Registry of Deeds
at the expense of the current owner(s).
A.
Board inspection. The Conservation Commission, or its designated
agent, shall be notified one week prior to the start of construction
for inspection of the erosion and sediment control measures by the
Commission. One copy of the permit and approved plans shall be maintained
at the site during the progress of the work. Subsequent inspections
shall be at the discretion of the Commission or its designated agent.
B.
Permittee inspections. The permittee or their agent shall conduct
and document inspections of all control measures no less than weekly
or as specified in the permit, and prior to and following anticipated
storm events. The purpose of such inspections will be to determine
the overall effectiveness of the control plan and the need for maintenance
or additional control measures. The permittee or their agent shall
submit monthly reports to the Conservation Commission or designated
agent in a format approved by the Conservation Commission. The Conservation
Commission may require, as a condition of approval, that the permittee's
inspections be conducted by a person qualified in environmental monitoring
and approved by the Commission.
C.
Access permission. To the extent permitted by state law, or if authorized
by the owner or other party in control of the property, the Conservation
Commission, its agents, officers, and employees may enter upon privately
owned property for the purpose of performing their duties under this
bylaw and may make or cause to be made such examinations, surveys
or sampling as the Conservation Commission deems reasonably necessary
to determine compliance with the permit.
The Conservation Commission may require the permittee to post, before the start of land disturbance activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by Town Counsel, and be in an amount deemed sufficient by the Conservation Commission to ensure that the work will be completed in accordance with the permit. If the project is phased, the Conservation Commission may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the Commission has received the final report and as-built plan as required by § 185-26 and issued a certificate of completion.
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) from a professional
engineer (PE) or professional land surveyor (PLS) certifying that
all erosion and sediment control devices, and approved changes and
modifications, have been completed in accordance with the conditions
of the approved permit. Any discrepancies should be noted in the cover
letter. In addition to a paper copy of the as-built construction plan,
one digital file shall be submitted in AutoCad DWG; but DXF format
will be acceptable. The media shall be 3.5 inches floppy disk or CD.
The plan vertical datum shall reference the North American Vertical
Datum of 1988 (NAVD88), and the plan shall contain a minimum of two
benchmarks. The horizontal orientation shall be tied and referenced
to the Mansfield GIS horizontal control monuments (North American
Datum of 1983, NAD83).
A.
The Conservation Commission, or an authorized agent of the Commission,
shall enforce this bylaw, regulations, orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
Orders.
(1)
The Conservation Commission, or an authorized agent of the Commission,
may issue a written order to enforce the provisions of this bylaw
or the regulations thereunder, which may include:
(a)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw and provisions of the land-disturbance
permit.
(b)
Maintenance, installation or performance of additional erosion
and sediment control measures.
(c)
Monitoring, analyses, and reporting.
(d)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity.
(2)
If the enforcing person determines that abatement or remediation
of erosion and sedimentation 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 Town of Mansfield may, at its option, undertake such work, and
the property owner shall reimburse the Town's expenses.
(3)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner shall be notified of the costs incurred by the Town of Mansfield,
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 costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate, as provided in MGL c. 59, § 57,
after the 31st day following the day on which the costs were due.
C.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Mansfield may elect to utilize the noncriminal disposition procedure set forth in MG. c. 40, § 21D, and Chapter 1, Article II, of the General Bylaws of the Town of Mansfield, in which case the enforcing person shall be as defined in the General Bylaw. The penalty for each violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Appeals. The decisions or orders of the Conservation Commission shall
be final. Further relief shall be to a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The Conservation Commission will issue a letter certifying completion
upon receipt and approval of the final reports and/or upon otherwise
determining that all work of the permit has been satisfactorily completed
in conformance with this bylaw.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
