A. 
Article III of this bylaw shall apply to all activities that result in disturbance of 5,000 square feet of land or more that drains to the municipal separate storm sewer system (MS4). Except as authorized by the Stormwater Authority in a land disturbance permit or as otherwise provided in these regulations, no person shall perform any activity that results in disturbance of 5,000 square feet of land or more. There are two levels of reviews based on the amount of land proposed to be disturbed as part of a single project as follows:
(1) 
Administrative land disturbance review is required for projects disturbing at least 5,000 square feet but less than 1/2 acre (21,780 square feet) of land.
(2) 
A land disturbance permit is required for disturbance of 1/2 acre (21,780 square feet) or more of land or if the proposed use is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards, regardless of the amount of land to be disturbed.
B. 
Exemptions:
(1) 
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;
(2) 
Construction of fencing that will not substantially alter existing terrain or drainage patterns;
(3) 
Construction of utilities other than drainage (gas, water, electric, communication, etc.) which will not alter terrain or drainage patterns or result in discharge of sediment to the MS4;
(4) 
Normal maintenance and improvement of land in agricultural or aquacultural use, as defined by the Wetlands Protection Act Regulation 310 CMR 10.04; and
(5) 
Disturbance of land or redevelopment that is subject to jurisdiction under the Wetlands Protection Act and demonstrates compliance with the Massachusetts Stormwater Management Standards and the Town of Westwood Stormwater Management Regulations as reflected in a valid order of conditions issued by the Conservation Commission.
An applicant seeking an approval and/or permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this bylaw and in regulations adopted by the Stormwater Authority. An approval or permit must be obtained prior to the commencement of land disturbing or redevelopment activity based on thresholds described in the Town of Westwood Stormwater Management Regulations (regulations). Permit procedures and requirements are outlined in the regulations. Where appropriate, said regulations will require an erosion and sedimentation control plan and/or an operation and maintenance plan. Any person that fails to follow the requirements of a land disturbance permit and/or the requirements of an erosion and sedimentation control plan, or operation and maintenance plan issued under the regulations shall be in violation of the Town of Westwood Bylaws.
Filing an application for an approval or permit grants the Stormwater Authority and its employees or agents permission to enter the site to verify the information in the application and to inspect for compliance with approval or permit conditions.
The Stormwater Authority or its designated agent shall make inspections as outlined in the regulations to verify and document compliance with the land disturbance permit.
The Stormwater Authority may require the applicant to post before the start of land disturbance or construction activity a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit.
Upon completion of the work, the applicant shall submit a report, including certified as-built construction plans, from a professional engineer (P.E.), surveyor, or certified professional in erosion and sedimentation control (CPESC), certifying that all erosion and sedimentation control devices, and approved changes and modifications, have been completed in accordance with the conditions of the approved erosion and sediment control plan and stormwater management plan. Any discrepancies shall be noted in the cover letter.
The Stormwater Authority or its authorized agent shall enforce this bylaw, the regulations, and any associated orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, the Stormwater Authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. 
Orders. If the Stormwater Authority determines that a person has failed to follow the requirements of a land disturbance permit, and/or the requirements of a related erosion and sedimentation control plan or operation and maintenance plan, or is creating an adverse impact to a water resource area, or if the Stormwater Authority determines that an activity not otherwise required to obtain a land disturbance permit is causing an adverse impact to a water resource area, then the Authority may issue a written order to the person to enforce the provisions of this bylaw or any regulations thereunder, and to remediate the adverse impact, which may include:
(1) 
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;
(2) 
Maintenance, installation or performance of additional erosion and sediment control measures;
(3) 
Monitoring, analyses, and reporting; and
(4) 
Remediation of erosion and sedimentation resulting directly or indirectly from the land disturbing activity.
C. 
Deadline. If the enforcement authority determines that abatement or remediation of erosion and sedimentation is required, the order shall set forth a deadline for the completion of abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and the costs thereof shall be charged to the violator.
D. 
Reimbursement of costs. If the Stormwater Authority determines that abatement or remediation of pollutants is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and the costs thereof shall be charged to the violator or property owner. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority 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 Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57, after the 30th day at which the costs first become due.
E. 
Criminal and civil penalties. Any person who violates any provision of this bylaw, the regulations, or the terms or conditions in any permit or order issued thereunder, shall be subject to a fine not to exceed $300 for each day such violation occurs or continues, or in the alternative shall be subject to a civil penalty, which may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction.
F. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, § 1-6, of the Town of Westwood General Bylaws, in which case the agent of the Stormwater Authority shall be the enforcement authority. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
G. 
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 Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
H. 
Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be to a court of competent jurisdiction.
I. 
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.