A.
No person may undertake a construction activity, including clearing,
grading and excavation, that results in a land disturbance that will
disturb equal to or greater than one acre of land or will disturb
less than one acre of land but is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater
than one acre of land without a permit from the authorized enforcement
agency or as otherwise provided in this article.
B.
Any person that fails to follow the requirements of a stormwater
management permit and the related erosion and sedimentation control
plan and operations and maintenance plan issued under the authorized
enforcement agency regulations shall be in violation of the City of
Taunton ordinances.
The following activities are exempt from requirements of Article III of this chapter:
A.
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling conducted in such a way as not to cause
a nuisance;
B.
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
C.
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns;
D.
Normal maintenance and improvement of land in agricultural or aquacultural
use; and
E.
Disturbance of one or more acres of land that are subject to jurisdiction
under the Wetlands Protection Act and demonstrate compliance with
the Massachusetts Stormwater Management Policy as reflected in a valid
order of conditions issued by the Conservation Commission.
The City of Taunton Department of Public Works shall administer, implement and enforce Article III of this chapter. Any powers granted to or duties imposed upon the City of Taunton Department of Public Works may be delegated in writing to its employees or agents. Henceforth, the City of Taunton Department of Public Works shall be referred to as the "administrating authority" or "authorized enforcement agency" of Article III of this chapter.
The Committee on the Department of Public Works shall adopt, and may periodically amend, rules and regulations relating to the procedures and administration of Article III of this chapter. Failure by the Committee to promulgate such rules and regulations shall not have the effect of suspending or invalidating this article.
A.
The Department of Public Works may waive strict compliance with any
requirement of this article or the rules and regulations promulgated
hereunder where such action is:
A.
Regulatory controls. The Department of Public Works or its authorized
agent shall enforce this article, and the regulations promulgated
thereunder, as well as the terms and conditions of all permits, notices,
and orders, and may pursue all civil and criminal remedies for such
violations.
B.
Orders.
(1)
If the City determines that a person's failure to follow the
requirements of this article or the rules and regulations is creating
an adverse impact to a water resource, the City may issue a written
order to the person to remediate the adverse impact.
(2)
If the Department of Public Works determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
for completion of the abatement or remediation. Said order shall further
advise that, should the violator or property owner fail to abate or
perform remediation within the specified deadline, the City may, at
its option, undertake such work, and expenses thereof shall be charged
to the violator or property owner. Within 30 days after completing
all measures necessary to abate the violation or to perform remediation,
the violator and the property owner will be notified of the costs
incurred by the City, 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 cost shall become a municipal
charge against the property owner. The Department of Public Works
shall impose a municipal charges lien as provided in MGL c. 40, § 58,
and so notify the Treasurer/Collector. The passage of this article
by the Municipal Council shall constitute a separate vote for this
type of charge.
C.
Criminal and civil penalties. Any person who violates any provision
of this article, valid regulation, or the terms or conditions in any
permit or order prescribed or issued thereunder shall be subject to
a fine not to exceed $300 for each day such violation occurs or continues
or subject to a civil penalty which may be assessed in an action brought
on behalf of the City in any court of competent jurisdiction.
D.
Appeals. The decisions or orders of the Department of Public Works
shall be final. Further relief shall be to a court of competent jurisdiction.
E.
Remedies not exclusive. The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law.
