Town of Sharon, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Sharon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 141.
Groundwater protection — See Ch. 160.
Wetlands protection — See Ch. 262.
Zoning — See Ch. 275.
Subdivision regulations — See Ch. 340.
[Adopted as Art. 37 of the Town Bylaws]
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution and MGL c. 43B, § 13. The Select Board is delegated hereby the responsibility and authority to enforce and administer this bylaw. The Select Board may appoint the Town Engineer or Assistant Town Engineer or such other Town employee as the Select Board may from time to time determine and designate in a writing to aid the Select Board in the enforcement and/or administration of this bylaw.
In partial fulfillment of the obligations of the Town under the Clean Water Act (33 U.S.C. § 1251 et seq.) (the "Act") and under the Town's National Pollutant Discharge Elimination System Stormwater Permit, the Town hereby establishes a comprehensive and fair system of regulation of discharges to the Town's municipal separate storm sewer system (sometimes referred to herein as the "MS4").
The purpose and intent of this bylaw is to:
A. 
Protect the waters of the U.S., as defined in the Act and its implementing regulations, from uncontrolled discharges of stormwater or discharges of contaminated water which have a negative impact on the receiving waters by changing the physical, biological and chemical composition of those waters, resulting in an unhealthy environment for aquatic organisms, wildlife and people; and
B. 
Reduce discharges of contaminated water into the MS4 and resultant discharges from the MS4 into waters of the U.S. and improve surface water quality; and
C. 
Permit and manage reasonable access to the MS4 to facilitate proper drainage; and
D. 
Assure that the Town can continue to fairly and responsibly protect the public health, safety and welfare.
As used in this bylaw, the following terms shall have the meanings indicated:
BOARD
The Select Board and, to the extent delegated and designated, the Town Engineer or Assistant Town Engineer or such other Town employee as delegated and designated by the Select Board.
CONTAMINATED WATER
Water that contains higher levels of pollutants, including, without limitation implied, heavy metals, toxins, oil and grease, solvents, nutrients, viruses and bacteria, than permitted in waters of the U.S. by the Act and its implementing regulations.
DIRECT CONNECTION
Any discernible, confined and discrete conveyance, including but not limited to any pipe, drain, channel, conduit, tunnel, or swale, whether above ground or below ground, which directs water into the MS4.
DIRECT CONNECTION LICENSE
A license granted by the Town for the continued maintenance by an owner of a direct connection to the MS4.
DISCHARGE
Any non-naturally occurring addition of water or of stormwater to the MS4.
DUMPING
An act or omission of any person or entity, the proximate result of which is the introduction of a pollutant into the MS4.
EXEMPTED DISCHARGES
Discharges from the following sources unless in any instance such discharge would result in exceeding the requirements of 314 CMR 4.00, Massachusetts Surface Water Quality Standards:
A. 
Water line flushing.
B. 
Landscape irrigation.
C. 
Diverted stream flows.
D. 
Rising groundwater.
E. 
Pumped groundwater.
F. 
Discharges from potable water sources.
G. 
Foundation drains.
H. 
Air conditioning condensation.
I. 
Irrigation water.
J. 
Springs.
K. 
Water from crawl space pumps.
L. 
Footing drains.
M. 
Lawn watering.
N. 
Individual residential car washing.
O. 
Flows from riparian habitats and wetlands.
P. 
Dechlorinated swimming pool discharges (e.g., where the discharge contains less than one ppm of chlorine).
Q. 
Street wash water.
R. 
Rain run-off from roofs.
EXISTING SOURCE
Any building, structure, facility or installation from which there is a flow of stormwater or exempted discharge, the construction of which building, structure, facility or installation occurred prior to the promulgation of this bylaw.
ILLICIT CONNECTION
Any drain, conduit, or other conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4.
ILLICIT DISCHARGE
Any discharge into the MS4 of contaminated water, any discharge of stormwater from a direct connection for which a direct connection license is not in force and effect, any discharge which is not an exempted discharge, or any discharge from an indirect connection not in compliance with this bylaw.
INDIRECT CONNECTION
The natural drainage of stormwater over or under the surface of the ground (whether instigated by human endeavor or not) via gravity into the MS4.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
The stormwater collection system which is made up of open watercourses, swales, ditches, culverts, canals, streams, catch basins and pipes through which the stormwater flows and the Town public ways over which it flows which are owned and operated by the Town for the purpose of collecting or conveying stormwater to a discharge point.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of stormwater, the construction of which building, structure, facility or installation commenced after adoption of this bylaw.
NPDES PERMIT
The National Pollution Discharge Elimination System Permit issued by the federal Environmental Protection Agency to the Town.
OWNER
The owner of a parcel of land recorded in the Assessor's Office of the Town.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rocks, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel.
PUBLIC WAYS
Any road (including such appurtenances as berms, curbs, drains, catch basins, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper layout) to which the public has access and that the Town is responsible for maintaining.
STORMWATER
Rainfall that exceeds the soil's capacity contemporaneously to absorb it and which, instead, runs across the surface of the ground as run-off.
A. 
No person or entity shall do or suffer to be done any dumping into the MS4, including, without limitation implied, the placing or emptying into any catch basin or other portal to the MS4 of any pollutant.
B. 
No owner shall cause an illicit discharge to be made to the MS4 whether from a direct or indirect connection.
C. 
No direct connections, whether from a new or existing source, shall be installed after the effective date of this bylaw.
D. 
Direct connections from an existing source shall be allowed to continue after the effective date, provided that:
(1) 
The owner must disclose the direct connection and must, within 30 days of the effective date of this bylaw, apply for and thereafter be granted a direct connection license; and
(2) 
The owner must discharge only stormwater which is not contaminated water via the direct connection.
E. 
Indirect connections from existing sources shall be allowed, provided that:
(1) 
Only stormwater which is not contaminated water is discharged, or a discharge constituting an exempted discharge occurs; and
(2) 
The discharge does not cause safety problems due to icing or flooding of the public ways or cause damage to the Town's property.
F. 
Indirect connections from new sources shall be allowed, provided that:
(1) 
Subsurface infiltration shall comply with criteria established in the Town's Subdivision Rules and Regulations;[1] and
[1]
Editor's Note: See Ch. 340, Subdivision Regulations.
(2) 
Only stormwater which is not contaminated water is discharged, or a discharge constituting an exempted discharge occurs.
A. 
Any person or entity who or which causes or suffers to occur a dumping shall be subject to a fine of $100.
B. 
Any owner who causes or suffers to occur an illicit discharge to emanate from his property shall be subject to a fine of $100 per day for each day that the illicit discharge continues after notice thereof is given by or at the direction of the Select Board. This fine may be waived by the Select Board members to allow time for compliance.
C. 
Any owner who allows a direct connection to be maintained on his property (whether or not it results in an illicit discharge) without applying for and receiving a direct connection license from the Town shall be subject to a fine of $100 per day for each day that the unlicensed direct connection continues after the deadline set for abatement by the Select Board.
D. 
The penalties set out herein may be assessed by the Select Board and are in addition to and not in substitution for any remedial action the Select Board may order under § 230-7, Enforcement, of this bylaw.
A. 
Violations of § 230-5 of this bylaw may, without limitation, be disposed of through the noncriminal procedure specified in MGL c. 40, § 21D.
B. 
If an illicit discharge or a dumping occurs or an illicit connection is maintained, the Board shall give or cause to be given written notice directed to the owner of the parcel from which the illicit discharge is emanating, or on which the illicit connection is maintained, ordering an immediate cessation of any act or condition in violation of this bylaw.
C. 
The Board, either with such notice or at any reasonable time thereafter, may order the owner or any other person or entity responsible for violating this bylaw to begin and thereafter diligently prosecute to completion such remediation efforts as the Board in its reasonable discretion may deem appropriate.
D. 
If the Board determines that the illicit discharge resulted from a direct connection to the MS4, the Board shall revoke the owner's direct connection license forthwith. After the owner has fully completed all remediation ordered by the Board, the owner may thereafter apply to the Board on the form included herein as Exhibit A, and utilizing the procedures from time to time prescribed by the Board, for a new direct connection license, which the Board shall consider in the same manner as any other new application. A direct connection license form is included herein as Exhibit B. The forms set forth in Exhibits A and B are intended to serve as examples and may be changed from time to time at the discretion of the Board.[1]
[1]
Editor's Note: Exhibits A and B are on file in the Town offices.
A. 
Any person or owner aggrieved by an action of the Board which was neither (i) the assessment of a penalty for which the provisions of MGL c. 40, § 21D apply, nor (ii) an action taken by the Board at a meeting of which the aggrieved person or owner was given notice and was afforded the opportunity to present evidence and argument with a view to causing the Board to modify its earlier action (such action being a "final action") shall, within 30 days of such Board action, request a hearing before the Board at which the aggrieved person or owner may present evidence and argument concerning final action by the Board. The Board shall hold such hearing within 30 days following said request and within 30 days thereafter shall either confirm the Board's previous action or order such other final action as it may determine.
B. 
A person or owner aggrieved by a decision of the Select Board under this bylaw may appeal such decision to the appropriate court of competent jurisdiction.
If any clause, section, or other part of this bylaw shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this bylaw shall not be affected thereby but shall remain in full force and effect.
This bylaw shall take effect upon approval by the Office of the Attorney General and as otherwise required by MGL c. 40, § 32.
[Adopted as Art. 38 of the Town Bylaws]
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution and MGL c. 43B, § 13. The Select Board is delegated hereby the responsibility and authority to enforce and administer this bylaw. The Select Board may appoint the Stormwater Manager or such other municipal employees as the Select Board may from time to time determine and designate, in a writing, to aid the Select Board in the enforcement and administration of this bylaw.
In partial fulfillment of the obligations of the Town under the Clean Water Act (33 U.S.C. § 1251 et seq.) (the "CWA") and under the Town's National Pollutant Discharge Elimination System General Permit, the Town hereby establishes a comprehensive and fair system of regulation of stormwater discharges generated as a result of construction activity.
The purpose and intent of this bylaw is to:
A. 
Prevent pollutants caused by stormwater discharges from a construction site from entering waters of the U.S.
B. 
Minimize erosion and sedimentation generated by construction activity with the goal of removing 80% of the average annual load of total suspended solids in stormwater discharged from a construction site.
C. 
Minimize the volume of stormwater discharged from a construction site with the goal that the post-development peak discharge rate of stormwater does not exceed the pre-development peak discharge rate.
D. 
Ensure that stormwater management measures are built as outlined in the stormwater pollution prevention plan.
E. 
Ensure that stormwater management measures are continually maintained as outlined in the stormwater pollution prevention plan.
As used in this bylaw, the following terms shall have the meanings indicated:
AGRICULTURE
The normal maintenance or improvement of land in agricultural or aquacultural use as defined by the Massachusetts Wetlands Protect Act (MGL c. 131, § 40) and its implementing regulations (310 CMR 10.00).
APPLICANT
That person who owns the land at the time of the application for a stormwater permit and his successors and assigns. An operator may apply on behalf of the owner if such authorization is in writing and is submitted with the application.
AWARDING AUTHORITY
The Select Board of the Town of Sharon has authority to exercise the powers granted by this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater discharges.
CERTIFICATE OF COMPLETION
A certificate issued by the awarding authority indicating that final site stabilization has occurred, been inspected and approved by a representative of the awarding authority, and as-built plans have been filed with the awarding authority.
CONSTRUCTION ACTIVITY
Any activity that causes a change in the position or location of soil, sand, rock, gravel or similar earth material for the purpose of building roads, parking lots, residences, commercial buildings, office buildings, industrial buildings or demolitions.
CONSTRUCTION SITE
The plot of land located within the Town on which the construction activity will occur.
DISTURB
Any activity such as clearing, grading and excavating that exposes soil, sand, rock, gravel or similar earth material.
EROSION
The wearing of the land surface by natural or artificial forces such as wind, water, ice, gravity or vehicular traffic and the subsequent detachment and transportation of soil particles from their origin to another location.
FINAL SITE STABILIZATION
That all construction activity at the site has been completed and a uniform perennial vegetative cover percentage as required by zoning regulations[1] and native background vegetative cover for the area have been established on all unpaved areas and areas not covered by permanent structures or equivalent permanent stabilization measures.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous land area under one ownership on which multiple separate and distinct construction activities are occurring under one development plan.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) owned or operated by the Town designed and used for collecting or conveying stormwater to an outfall.
NPDES PERMIT
National Pollution Discharge Elimination System Construction General Permit issued by the Environmental Protection Agency to the applicant.
OPERATOR
The party associated with the construction activity that meets either of the following two criteria:
A. 
The party who has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
B. 
The party who has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions.
OUTFALL
A point source at which a municipal separate storm sewer system discharges to waters of the U.S.
PERMITTEE
The owner of the land on which construction activity is proposed who has applied for and received a stormwater permit from the awarding authority.
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.
POLLUTANTS
Includes without limitation the following: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rocks, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel.
SEDIMENTATION
The process or act of depositing mineral or organic soil material in stormwater as a result of erosion.
STORMWATER
Rainfall and snow melt that exceeds the soil's capacity contemporaneously to absorb it and which, instead, runs across the surface of the ground as run-off.
STORMWATER DISCHARGES
Stormwater that runs off from the construction site into the MS4 or otherwise into waters of the U.S.
STORMWATER MANAGEMENT MEASURES
Infrastructure improvements that are constructed or installed during construction activity to prevent pollutants from entering stormwater discharges or to reduce the quantity of stormwater discharges that will occur after construction activity has been completed. Examples include, but are not limited to: on-site filtration, flow attenuation by vegetation or natural depressions, outfall velocity dissipation devices, retention structures and artificial wetlands, and water quality detention structures.
STORMWATER MANAGER
The Town Engineer or Assistant Town Engineer will serve in this capacity.
STORMWATER PERMIT
The permit issued by the awarding authority to the applicant which allows construction activity to occur as outlined by the applicant in its application and stormwater pollution prevention plan.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
That plan required of all applicants in which they outline the erosion and sedimentation BMPs they will use, the BMPs they will use to control wastes generated on the construction site, the stormwater management measures they will construct and their plan for long-term maintenance of these measures.
WATERS OF THE U.S.
These include:
A. 
All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;
B. 
All interstate waters, including interstate wetlands;
C. 
All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:
(1) 
That are or could be used by interstate or foreign travelers for recreational or other purposes;
(2) 
From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(3) 
That are used or could be used for industrial purposes by industries in interstate commerce;
D. 
All impoundments of waters otherwise defined as waters of the United States under this definition;
E. 
Tributaries of waters identified in Subsections A through D of this definition;
F. 
The territorial sea; and
G. 
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in Subsections A through F of this definition.
[1]
Editor's Note: See Ch. 275, Zoning.
A. 
No construction activity which disturbs one acre or more of total land area, including smaller areas that are part of a larger common plan of development or sale, shall take place until a stormwater permit has been obtained from the awarding authority. Normal maintenance and improvement of land in agricultural or aquacultural use as defined by the Massachusetts Wetlands Protection Act and its implementing regulations are exempt from this prohibition. The stormwater permit does not exclude the requirement of filing a construction general permit with the Environmental Protection Agency.
B. 
No stormwater discharges containing pollutants are permitted.
C. 
Sources of nonstormwater may be combined with stormwater discharges as long as they do not contain pollutants.
Applicant must sign and file an application for a stormwater permit on the form provided by the Town. The application should be submitted to the stormwater manager and to be deemed complete must be accompanied by:
A. 
An application fee of $500 for an individual residential housing lot application. An application fee of $1,000 is required for any stormwater permit application for a commercial project, residential subdivision or any development exceeding one acre of disturbance and not a single residence on an individual lot.
B. 
Identification of the construction site by book, page, and plot number in the records of the Assessor's Office.
C. 
A narrative description of the construction activity intended, the proposed use of any improvements to be constructed and the construction timetable.
D. 
A site plan.
E. 
A list of abutters certified by the Assessor's Office, including addresses.
F. 
A stormwater pollution prevention plan.
The site plan that is submitted must contain at least the following information. Planning Board plan regulations must also be met for subdivision applications and Zoning Board regulations must also be met for site plan reviews.[1]
A. 
Names, addresses and telephone numbers of the person(s) or firm(s) preparing the plan.
B. 
Title, date, North arrow, scale, legend and locus map.
C. 
Location and description of natural features, including watercourses and water bodies, wetland resource areas and all floodplain information, including the one-hundred-year flood elevation based upon the most recent Flood Insurance Rate Map (or as calculated by a professional engineer for areas not assessed on those maps) located on or adjacent to the construction site.
D. 
A description and delineation of existing stormwater conveyances and impoundments located on the construction site, with their point of discharge noted.
E. 
Location and description of existing soils and vegetation, including tree lines, shrub layer, ground cover and herbaceous vegetation and trees with a caliper 12 inches or larger, with run-off coefficient for each.
F. 
Habitats mapped by the Massachusetts Natural Heritage and Endangered Species Program as "endangered," "threatened" or "of special concern," estimated habitats of rare wildlife and certified vernal pools, and priority habitats of rare species located on or adjacent to the construction site.
G. 
Lines of existing abutting streets showing drainage and driveway locations and curb cuts.
H. 
Surveyed property lines of the construction site showing distances and monument locations, all existing and proposed easements, rights-of-way, and other encumbrances, the size of the entire construction site and the delineation and number of square feet of the land area that is to be disturbed.
I. 
Proposed improvements, including location of buildings or other structures and impervious surfaces (such as parking lots).
J. 
Topographical features, including existing and proposed contours at intervals of no greater than two feet with spot elevations provided when needed.
K. 
The existing site hydrology, including drainage patterns and approximate slopes anticipated after major grading activities.
L. 
Location of the MS4 with relation to the construction site.
M. 
Identification of outfalls which are located on the construction site.
N. 
Stormwater discharge calculations prepared and certified by a registered professional engineer describing the volume of stormwater that presently discharges from the construction site and the estimated volume post-development.
O. 
Identification of any existing stormwater discharges emanating from the construction site and discharging into the MS4 for which a NPDES permit has been issued (include permit number).
P. 
A list of water bodies that will receive stormwater discharges from the construction site, with the location of drains noted on the map. A brief description of known water quality impacts and whether the water bodies receiving such stormwater discharges have:
(1) 
Been assessed and reported in reports submitted by the Massachusetts Department of Environmental Protection to EPA pursuant to Section 305(b) of CWA; and
(2) 
Been listed as a Category 5 Water [waters requiring a total maximum daily load (TMDL)] by DEP under Section 303(d) of the CWA.
[1]
Editor's Note: See Ch. 275, Zoning; and Ch. 340, Subdivision Regulations.
Applicant must submit a stormwater pollution prevention plan (SWPPP) with its application for a stormwater permit. The SWPPP must include all of the following:
(A)
A plan to control wastes generated by the construction activity on the construction site; and
(B)
An erosion and sedimentation control plan; and
(C)
A plan to construct stormwater management measures; and
(D)
A plan for operation and maintenance of stormwater management measures.
A. 
Plan to control wastes. Applicant must list the construction and waste materials expected to be generated or stored on the construction site. These wastes include, but are not limited to: discarded building materials, concrete truck washout, chemicals, litter, sanitary waste and material stockpilings. Applicant must also describe in narrative form the best management practices it will utilize to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill prevention and response plans. If any structural BMPs are proposed, they must be identified and located on the site plan. At a minimum, applicant's plan should provide for the following:
(1) 
Areas designated and controlled for equipment storage, maintenance and repair.
(2) 
Convenient locations for waste receptacles and a schedule for regular removal.
(3) 
Wash-down areas for vehicles selected to prevent contamination of stormwater.
(4) 
Covered storage areas for chemicals, paints, solvents, fertilizers and other toxic materials.
(5) 
Adequately maintained sanitary facilities.
B. 
Erosion and sedimentation control plan. Applicant must describe in narrative form its plan for properly stabilizing the site before construction begins and the BMPs that it will use during construction to minimize erosion of the soil and sedimentation of the stormwater. These BMPs should include both stabilization practices such as seeding, mulching, preserving trees and vegetative buffer strips, and contouring and structural practices such as earth dikes, silt fences, drainage swales, sediment traps, check dams, and subsurface or pipe slope drains. Applicant must locate structural BMPs on the site plan. Applicant must also provide details of construction, including the timing, scheduling and sequencing of development, including clearing, stripping, rough grading, construction, final grading and final site stabilization.
C. 
Plan to construct stormwater management measures. Applicant must describe its proposed drainage system and identify the stormwater management measures it plans to construct on the construction site in order to retain stormwater recharge on-site and prevent pollutants from entering stormwater discharges. These measures include, but are not limited to: on-site filtration, flow attenuation by vegetation or natural depressions, outfall velocity dissipation devices, retention structures and artificial wetlands and water quality detention structures. Applicant is required to show the following on its site plan:
(1) 
The estimated seasonal high groundwater elevation in areas to be used for stormwater management measures.
(2) 
Detailed plans and descriptions of all components of the proposed drainage system, including:
(a) 
Locations, cross-sections and profiles of all brooks, streams, drainage swales and their method of stabilization;
(b) 
All stormwater management measures to be used for the detention, retention or infiltration of water, their size and location on the construction site, and the volume of stormwater that each will hold;
(c) 
All stormwater management measures for the protection of water quality if so-called Category 5 waters are located on or adjacent to the construction site;
(d) 
The structural details for all components of the proposed drainage system and stormwater management measures, including cross-sections;
(e) 
Notes on drawings specifying materials to be used, construction specifications and typicals; and
(f) 
Expected hydrology with supporting calculations of post-development stormwater discharges.
D. 
Plan for operation and maintenance of stormwater management measures. Applicant must outline its plan for the long-term operation and maintenance of the stormwater management measures that have been built on the construction site. This plan must include the following:
(1) 
A description of the annual maintenance activities that will be performed and identification of the individual who will perform them; and
(2) 
An estimate of the annual cost of these maintenance activities and a description of the operation and maintenance fund that the applicant will establish; and
(3) 
The language of a covenant and restriction which applicant will record in the appropriate Registry of Deeds, binding and enforceable against the construction site and the owner from time to time thereof to maintain the stormwater management measures.
A. 
Following receipt of a complete application for a stormwater permit, the Stormwater Manager will refer it to either the Planning Board (if the proposed construction project requires subdivision approval under MGL c. 41), Zoning Board of Appeals, or the Conservation Commission for review and comment, when applicable.
B. 
In the event that the plan does not require the approval of the Planning Board, the Zoning Board of Appeals, or the Conservation Commission, the Stormwater Manager may forward any application to the Select Board for the purpose of a public hearing on the same, if the Stormwater Manager deems such a hearing to be necessary based on the possible impact of the requested stormwater permit on any surrounding or abutting properties and/or a Town right-of-way. The approval or denial of a stormwater permit will be forwarded to the Building Inspector when required. The applicant will be notified in writing of the stormwater permit approval or denial within 30 days of the submission of the application. The Stormwater Manager will make the application available for inspection by the public during normal business hours at the Department of Public Works.
C. 
After receipt of the recommendation of the Planning Board or the Zoning Board of Appeals and public comment at the public hearing held by the respective boards, the Stormwater Manager may: approve or deny the application; require changes to any part of the SWPPP; revise the amount of the required annual maintenance deposit or may impose additional conditions in the stormwater permit; or may impose additional conditions in the stormwater permit that he issues.
D. 
The Stormwater Manager may not issue the stormwater permit until final plans of the development approved by either the Planning Board or Zoning Board of Appeals have been filed with the Stormwater Manager and 21 days have elapsed. If there are changes on the final plans which affect the stormwater permit, the Stormwater Manager (after written notice to the applicant) shall review these changes and may impose additional conditions in the stormwater permit.
The following standard conditions shall apply to each stormwater permit issued in accordance with this bylaw:
A. 
The permittee shall comply with all conditions of the stormwater permit and its stormwater pollution prevention plan.
B. 
The permittee shall comply with all other local permits related to the construction site.
C. 
The permittee shall make an annual deposit of funds in a specially segregated bank account in the amount equal to the estimated annual cost to operate and maintain the stormwater management measures. The segregated account will be opened by the stormwater permit applicant and the bank book will be held by the Town Treasurer's office. When withdrawals from the account are required, the applicant will contact the Stormwater Manager, in writing, and the Stormwater Manager will forward the request to the Town Treasurer if the request is deemed appropriate by the Stormwater Manager.
D. 
The permittee shall maintain on-going records of the aforesaid operation and maintenance fund which shall show:
(1) 
The maintenance activities performed on the stormwater management measures located on the construction site, the dates on which they were performed and the names of the individuals who performed them; and
(2) 
The costs of such maintenance activities shown deducted from the fund; and
(3) 
The current balance in the fund.
E. 
The permittee shall record within 10 days of receipt of the stormwater permit in the appropriate Registry of Deeds a covenant and restriction in form and substance identical to that submitted with his application and approved by the Stormwater Manager, and shall submit evidence of such recording to the Stormwater Manager.
F. 
The permittee shall furnish the Stormwater Manager any information which is requested to determine compliance with the stormwater permit.
G. 
The permittee shall allow authorized representatives of the awarding authority to:
(1) 
Enter upon the permittee's construction site; and
(2) 
Have access to and the right to copy at reasonable times any records required to be kept under the conditions of this bylaw; and
H. 
The permittee shall allow representatives of the awarding authority to make regular, unannounced inspections of the construction site. These typically will occur at the following times:
(1) 
Initial site inspection prior to construction activity starting but after a complete application has been filed.
(2) 
After erosion and sedimentation controls are in place.
(3) 
After construction site clearing has been substantially completed.
(4) 
After rough grading has been substantially completed.
(5) 
Prior to backfilling of any underground drainage and/or after stormwater management measures have been installed.
(6) 
After final grading has been substantially completed.
(7) 
At the end of the construction season if construction activity has not yet been completed.
(8) 
After final site stabilization.
I. 
The permittee shall report the release of any reportable quantity of hazardous substances oil which occurs on the construction site during construction activity. This report must be made within 14 days of knowledge of the release and must include the date and description of the release, the circumstances leading to the release, responses to be employed for such release and measures to prevent reoccurrence of such release.
J. 
The issuance of the stormwater permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion of personal rights nor any infringement of federal, state or local laws or regulations.
K. 
The provisions of the stormwater permit are severable, and if any provision of the permit or the application of any provision of the permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of the permit shall not be affected thereby.
L. 
The stormwater permit is not transferable.
M. 
The Stormwater Manager reserves the right during the permit term to modify the permit and impose additional conditions.
N. 
Conditions contained in permittee's NPDES Comprehensive General Permit will be incorporated by reference in the stormwater permit.
The stormwater permit shall be effective upon the date of issuance and remain in effect until the earlier to occur of:
A. 
A certificate of completion is issued by the awarding authority indicating that all construction activity has ceased and final site stabilization construction, inspection and approval by a representative of the awarding authority has occurred; or
B. 
The date three years from the date of issuance of the stormwater permit has occurred without applicant starting construction activity on the construction site.
A. 
The Stormwater Manager may, during the permit term, find a permittee is in default after notice and hearing if he shall reasonably determine that:
(1) 
Permittee knowingly made a false material statement, representation or certification in his application or SWPPP; or
(2) 
Permittee is no longer the owner or operator of the construction site and thus not authorized to sign the application for a stormwater permit; or
(3) 
Permittee is not in compliance with the terms of its stormwater permit or SWPPP.
B. 
The permittee shall be given not less than 10 days' prior written notice of the time and place of the hearing and shall have the opportunity at the public hearing to present evidence.
The Stormwater Manager will report any permittee that he has found to be in default as described in the preceding section to the awarding authority. Upon such notification, the Stormwater Manager or the awarding authority may take any of the following actions:
A. 
Issue a written order requiring the permittee to cease and desist from construction activity until there is compliance with this bylaw and the stormwater permit. Any such order may be subsequently modified by the Stormwater Manager.
B. 
Issue a written order requiring maintenance, installation or performance of additional erosion and sedimentation control measures by a certain deadline.
C. 
Issue a written order requiring the repair, maintenance or replacement of stormwater management measures by a certain deadline.
D. 
Issue a written order requiring remediation of any pollutants that are entering stormwater discharges as a result of the construction activity by a certain deadline.
E. 
Suspend or revoke the stormwater permit.
F. 
Enforce the covenant and restriction against any or all of the following: the operation and maintenance fund, the construction site, or the owner from time to time thereof as the Town may elect in its discretion.
G. 
Take any other enforcement action available under applicable federal, state or local law.
An applicant or permittee aggrieved by a decision of the Stormwater Manager under this bylaw may, within 30 days of such action, request a hearing before the Select Board at which the applicant or permittee shall be afforded the opportunity to present evidence and argument concerning final action by the Select Board. The Select Board shall hold such hearing within 30 days following the filing of the request and within 30 days after the closing of the hearing shall either confirm the Stormwater Manager's previous action or order such other final action as it may determine. Appeals from a decision of the Select Board may be taken to a court of competent jurisdiction.
The awarding authority may, where such action is allowed by law, in the public interest and not inconsistent with the purpose and intent of this bylaw, waive strict compliance with any requirement of this bylaw, provided that:
A. 
Applicant has submitted a written request to be granted a waiver, has explained and/or documented the facts supporting his waiver request, and has demonstrated that the strict application of this bylaw to his case will not further the purpose or objective of this bylaw; and
B. 
Applicant's waiver request was discussed and voted on at a public hearing following public notice and notice to abutters.
If any clause, section or part of this bylaw shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this bylaw shall not be affected thereby but shall remain in full force and effect.
This bylaw shall take effect upon approval by the Office of the Attorney General and as otherwise required by MGL c. 40, § 32.