The purpose of this Bylaw is to establish minimum requirements
and controls to protect and safeguard the environment, natural resources,
general health, safety, and welfare of the public residing in watersheds
within the Town's jurisdiction from the adverse impacts of soil
erosion, sedimentation, and stormwater runoff. This Section seeks
to meet that purpose through the following objectives:
As used in this Chapter, the following terms shall have the
meanings indicated:
The normal maintenance or improvement of land in agricultural
or aquacultural use as defined by the Massachusetts Wetlands Protection
Act[1] and its implementing regulations.
A property owner or agent of a property owner who has filed
an application.
An independent structure having a roof supported by columns
or walls, resting on its own foundations and designed for the shelter,
housing or enclosure of persons, animals, chattel or property of any
kind.
The temporary storage of stormwater runoff in a stormwater
management facility with the goals of controlling peak discharge rates
and providing gravity settling of pollutants.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
A person who undertakes land disturbance activities.
The Director of Medfield Department of Public Works, or his
designee.
A legal right granted by a landowner to a third party grantee
allowing the use of private land for stormwater management purposes.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The flow of water from the ground surface down into the soil.
Any structure or device designed to infiltrate retained water
to the ground. These facilities may be above grade or below grade.
Any activity that changes the volume or peak flow discharge
rate of rainfall runoff from the land surface, including: grading,
digging, cuffing, scraping, excavating of soil, placement of fill
materials, paving construction, substantial removal of vegetation,
any activity which bares soil or rock or involves the diversion or
piping of any natural or man-made watercourse.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
propriety rights in the land.
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 man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Medfield.
Pollution from any source other than from any discernible,
confined, and discrete conduit or waterway, and shall include, but
not be limited to, pollutants from agricultural, mining, construction,
subsurface disposal and urban runoff sources.
The replenishment of water to aquifers.
Any construction, alteration, or improvement exceeding one
acre in area where existing land use is high-density commercial, industrial,
institutional or multi-family residential.
The first land-disturbing activity associated with a development,
including but not limited to land preparation such as clearing, grading
and filling; installation of streets and walkways; excavation for
basements, footings, piers, or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
Water resulting from precipitation that flows overland.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
Any body of water, including, but not limited to, lakes,
ponds, rivers and streams.
A channel, either natural or man-made, that directs surface
runoff to a watercourse or to the public storm drain.
This Bylaw shall apply to all activities that result in a land
disturbance activity of one or more acres of land or that 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. No person shall perform any activity that results
in a land disturbance activity of an acre or more of land without
an approved soil erosion and sediment control plan and stormwater
management plan. Normal maintenance and improvement of land in agricultural
or aquacultural use, as defined by the Wetland Protection Act Regulation
310 CMR 10.4, are exempt. In addition, as authorized in the Phase
II Small MS4 General Permit for Massachusetts, stormwater discharges
resulting from the above activities that are subject to jurisdiction
under the Wetlands Protection Act[1] and demonstrate compliance with the Massachusetts Stormwater
Management Policy as reflected in an order of conditions issued by
the Town of Medfield Conservation Commission are deemed to be in compliance
with this Bylaw.
[1]
Editor's Note: See 310 CMR 10.00 et seq.
Chapter 235 is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34.
The Director shall administer, implement and enforce Chapter 235. Any powers granted to or duties imposed upon the Director may be delegated in writing by the Director to employees or agents.
The Director may promulgate rules and regulations to effectuate the purpose of Chapter 235. Failure by the Director to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Bylaw.
A.
The Director, or designated agent, shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the owner or person responsible for the implementation of the plan wherein the work fails to comply with the soil erosion and sediment control plan, as described in Article II, § 235-12, or stormwater management plan, as described in Article III, § 235-15, as approved. Plans for grading, stripping, excavating, and filling work bearing civil engineer registered as a professional engineer in the Commonwealth of Massachusetts shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Department of Public Works at least two working days before each of the following:
B.
The person responsible for the implementation of the plan shall make
regular inspections of all control measures in accordance with the
inspection schedule outlined on the approved soil erosion and sediment
control plan(s). The purpose of such inspections will be to determine
the overall effectiveness of the control plan and the need for additional
control measures. All inspections shall be documented in written form
and submitted to the Department of Public Works at the time interval
specified in the approved permit.
C.
The Director, or designated agent, shall enter the property of the
applicant as deemed necessary to make regular inspections to ensure
the validity of the reports filed as noted above.
D.
The applicant shall submit an as-built plan for the stormwater controls
after the final construction is completed. The plan must show the
final design and specifications of all stormwater management systems
and must be prepared by a professional engineer.
The permittee, or his or her agent, shall notify the Director
in writing of any change or alteration of a land-disturbing activity
authorized in either the soil erosion and sediment control plan or
the stormwater management plan before any change or alteration occurs.
If the Director determines that the change or alteration is significant,
based on the design requirements listed in this Bylaw and accepted
construction practices, the Director may require that an amended soil
erosion and sediment control plan and/or stormwater management plan
application be filed. If any change or deviation from these plans
occurs during a project, the Director may require the installation
of interim measures before approving the change.
The appropriate application fee as established by the Director
must accompany each application. Pursuant to MGL c. 44, § 53G,
as amended, applicants shall pay review fees, as determined by the
Director, sufficient to cover any expenses connected with any public
hearing, review of the soil erosion and sediment control plan, and
site inspection.
Pursuant to MGL c. 44, § 53G 1/2, as amended, the
Director may require the permittee to post a surety before the start
of any land disturbance or construction activity. The surety shall
be in an amount deemed sufficient by the Director to protect the Town's
interests and ensure that the work will be completed in accordance
with the permit. If the project is phased, the Director may release
part of the surety as each phase is completed in compliance with the
permit but the surety may not be fully released until the Director
has received the final inspection report and issued a certificate
of completion.
The Director, or an authorized employee or agent, shall enforce Chapter 235, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
A.
Suspension of construction or site alteration activity. In the event
that the activity at a site violates the conditions as stated or shown
on the approved soil erosion and sediment control plan or stormwater
management plan in such a manner as the Director determines to adversely
affect the environment, public welfare/health and municipal facilities,
then the Director may suspend work until the violation is corrected.
B.
Civil relief. If a person violates the provisions of this Bylaw or
any regulation permit, notice, or order issued thereunder, the Director
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 Director, or an authorized employee or agent, 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 contaminations is required, the order shall set a deadline by which
the abatement or remediation must be completed. The order shall also
state that, should the violator or property owner fail to abate or
perform remediation within the specified deadline, the Town of Medfield
may, at its option, undertake the work, and expenses shall be charged
to the violator. 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
of Medfield, including administrative costs. The violator or property
owner may file a written protest objecting to the amount or basis
of costs with the Director 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 Director 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, or any regulation, order or permit issued thereunder, shall
be subject to 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 Director may elect to utilize the noncriminal
disposition procedure in accordance with the provisions of MGL c.
40, § 21D. The penalty for the first violation shall be
$100. The penalty for the second violation shall be $200. The penalty
for the third violation shall be $300. Each day or part thereof that
such violation occurs or continues shall constitute a separate offense.
F.
Appeals. The decision or orders of the Director shall be final. Further
relief shall be to a court of competent jurisdiction.
