[HISTORY: Adopted by the Town Meeting of the Town of North
Andover. Amendments noted where applicable.]
A.
Increased volumes of stormwater, contaminated stormwater runoff from
impervious surfaces, and soil erosion and sedimentation are major
causes of:
(1)
Impairment of water quality in lakes, ponds, streams, rivers, wetlands
and groundwater;
(2)
Decreased flow in lakes, ponds, streams, rivers, wetlands and groundwater;
(3)
Contamination of drinking water supplies;
(4)
Erosion of stream channels;
(5)
Alteration or destruction of aquatic and wildlife habitat;
(6)
Flooding;
(7)
Overloading or clogging of municipal and private catch basins and
storm drainage systems; and
(8)
Flooding and erosion on abutting properties.
B.
The United States Environmental Protection Agency has identified
sedimentation from land disturbance activities and polluted stormwater
runoff from land development and redevelopment as major sources of
water pollution, impacting drinking water supplies, natural habitats,
and recreational resources. Regulation of activities that result in
the disturbance of land and the creation of stormwater runoff is necessary
for the protection of the Town of North Andover water bodies and groundwater
resources, to safeguard the health, safety, and welfare of the general
public and protect the natural resources of the Town.
C.
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 in order to minimize potential impacts of flooding;
(4)
Require practices to manage and treat stormwater runoff generated
from new development and redevelopment;
(5)
Protect groundwater and surface water from degradation or depletion;
(6)
Promote infiltration and the recharge of groundwater;
(7)
Prevent pollutants from entering the municipal and private storm
drain system;
(8)
Prevent flooding and erosion to abutting properties;
(9)
Ensure that soil erosion and sedimentation control measures and stormwater
runoff management practices are incorporated into the site planning
and design process and are implemented and maintained;
(10)
Ensure adequate long-term operation and maintenance of stormwater
best management practices;
(11)
Require practices to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary
waste at construction sites that may cause adverse impacts to water
quality;
(12)
Comply with state and federal statutes and regulations relating
to stormwater discharges; and
(13)
Establish the legal authority of the Town of North Andover to
ensure compliance with the provisions of this bylaw through inspection,
monitoring and enforcement.
As used in this chapter, the following terms shall have the
meanings indicated:
The owner(s) of land abutting the land disturbance site.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00).
Any activity on an area of land that changes the water quality,
or the force, quantity, direction, timing or location of runoff flowing
from the area. Such changes include, but are not limited to: change
from distributed runoff to confined, concentrated 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.
The owner of record of all of the land shown on any plan
submitted for approval to the Planning Board in accordance with the
Stormwater Management Bylaw and Regulations, any person or persons
acting on behalf of the applicant for purposes of preparing and submitting
plans and documents to the Planning Board, and may include engineers,
surveyors, contractors or attorneys, and may also include any person
or persons having an equitable interest in the land under an agreement
or option to purchase the land. The owner shall certify in writing
the identity of each applicant who is authorized to submit plans and/or
documents and act on behalf of the owner. Without such certification,
an applicant shall not act on behalf of the owner. The applicant shall
submit the title reference or references from the Essex County Registry
of Deeds indicating the owner of record. All applications shall include
original signatures of all owners.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
Any activity that removes the vegetative surface cover and/or
organic layer. Clearing activities generally include grubbing activity
as defined below.
Excess or discarded building or construction site materials
that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
Engineering design criteria as contained in the Stormwater
Regulations authorized under this bylaw.[1]
The temporary storage of storm runoff, used to control the
peak discharge rates, and which provides settling of pollutants.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action, including clearing and grubbing, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel, or similar earth material.
A professional engineer, or other trained professional approved
by the Planning Board and retained by the holder of a land disturbance
permit to periodically inspect the work and report to the Planning
Board.
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.
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.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the North Andover storm drain system, regardless
of whether said connection was previously allowed, permitted or approved
before the effective date of this bylaw.
Any material or structure on or above the ground that limits
water infiltrating the underlying soil. Impervious surface includes,
without limitation: roads, paved parking lots, sidewalks, sports courts
and rooftops. Impervious surface also includes soils, gravel driveways,
and similar surfaces with a runoff coefficient (Rational Method) greater
than 85.
A permit issued by the Planning Board.
Any activity, including clearing and grubbing, that causes
a change in the position or location of soil, sand, rock, gravel,
or similar earth material.
An area of land in one ownership, with definite boundaries,
used, or available for use, as the site of one or more buildings.
An approach to environmentally friendly land use planning
and stormwater management that includes a suite of landscaping and
design techniques that attempt to maintain the natural, pre-developed
ability of a site to manage rainfall. LID techniques typically preserve
natural drainage characteristics and/or capture water on site, filter
it through vegetation, and let it soak into the ground, where it can
recharge the local water table rather than becoming surface runoff.
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,
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 the Massachusetts
Clean Waters Act (MGL c. 21, §§ 26 through 53). 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 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 North Andover.
A plan developed by a Massachusetts licensed professional
engineer (PE) 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 discernible,
confined point source or concentrated 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.
The owner of record of all the land shown on any plan submitted.
The owner shall submit the title reference or references from the
Essex County Registry of Deeds (or Registry District of the Land Court
if the land constitutes registered land) indicating the owner of record.
The person who holds a land disturbance permit and therefore
bears the responsibilities and enjoys the privileges conferred thereby.
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.
The designees authorized to implement all actions and procedures
authorized by this bylaw. The Planning Board may, by majority vote
at a public meeting, delegate any of the responsibilities for the
administration of this bylaw to the Town Planner.
Any discernible, confined, and concentrated conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
concentrated 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.
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 that is not owned and maintained by the
Town.
Addition of stormwater runoff to the groundwater by natural
or artificial means.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
The applicant, owner(s), persons with financial responsibility,
and persons with operational responsibility.
The holding of stormwater runoff in a basin without release
except by means of evaporation, infiltration, or emergency bypass.
Rainfall, snowmelt, 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.
Earth materials including duff, humic materials, sand, rock
and gravel.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
Stormwater runoff, snow melt runoff, surface water runoff
and drainage.
A document containing narrative, drawings and details prepared
by a Massachusetts-licensed qualified professional engineer (PE) 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 operation
and maintenance plan describing the maintenance requirements for structural
best management practices.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Total suspended solids. Material, including but not limited
to trash, debris, soils, sediment and sand, suspended in stormwater
runoff.
Seasonally wet basin depressions that do not support breeding
populations of fish, because of periodic drying. Vernal pools serve
as breeding sites for unique organisms and may be protected by state,
local and federal laws. Specifically, vernal pools are isolated depressions
or closed basins which temporarily confine water during periods of
high water table and high input from spring runoff or snowmelt or
heavy precipitation, and support populations of nontransient microorganisms,
serve as breeding habitat for select species of amphibians or contain
a variety of wetland plant species. They serve as temporarily flooded
amphibian breeding habitat, as well as habitat for other wildlife.
These pools are characteristically small; they rarely exceed 150 feet
in width; however, a given pool may vary in size from year to year
depending on the amount of rainfall or snowmelt. In the absence of
those habitat functions, the areas will be considered isolated vegetated
wetlands. The existence of either a confined basin depression; evidence
of amphibian and/or reptile species that breed only in vernal pools;
the presence of fairy shrimp or their eggs; or documented presence
of water in a confined basin depression for at least two continuous
months in the spring and/or summer will verify the existence of a
vernal pool.
A natural or man-made channel through which water flows,
including a river, brook, or stream.
Areas specified in the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and regulations promulgated thereunder
and in the Town of North Andover Wetland Protection Bylaw and Regulations.[3] Wetlands include wet meadows, marshes, swamps, bogs, areas
where groundwater, flowing or standing surface water or ice provide
a significant part of the supporting substrate for a plant community
for at least five months of the year; emergent and submergent communities
in inland waters; that portion of any bank which touches any inland
water.
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.
Except as permitted by the Planning Board in a land disturbance
permit or as otherwise provided in this bylaw, no person shall perform
any land disturbance involving disturbance of 43,560 square feet or
more of land.
A.
Regulated activities.
(1)
Regulated
activities shall include:
(a)
Land disturbance of 43,560 square feet or more of land associated
with construction or reconstruction of structures.
(b)
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development that all together
disturbs 43,560 square feet or more of land.
(c)
Paving or other change in surface material over an area of 43,560
square feet or more of land.
(d)
Construction of a new drainage system or alteration of an existing
drainage system or conveyance draining an area of 43,560 square feet
or more of land.
(e)
Any other activity, on an area of land of 43,560 square feet
or more, that changes the water quality, or the force, quantity, direction,
timing or location of runoff flowing from the area. Such changes include,
but are not limited to: change from distributed runoff to confined,
concentrated 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.
(2)
No person may create or maintain a direct connection or discharge
to the MS4 without a connection and discharge permit from the Department
of Public Works.
(3)
The Town of North Andover is not exempt from the provisions of this
bylaw.
B.
Exempt activities. The following activities are exempt from the requirements
of this bylaw:
(1)
Normal maintenance and improvement of Town-owned public or maintained
ways and appurtenances to the public or maintained ways.
(2)
Normal maintenance and improvement of land in agricultural use.
(3)
Repair of septic systems when required by the Board of Health for
the protection of public health.
(4)
Normal maintenance of currently existing landscaping, gardens or
lawn areas associated with a single-family or two-family dwelling.
(5)
Activities for which the North Andover Conservation Commission and/or
Massachusetts Department of Environmental Protection has issued an
order of conditions under the Massachusetts Wetlands Protection Act
(MGL c. 131, § 40) and Regulations promulgated thereunder
and/or the Town of North Andover Wetland Protection Bylaw and regulations.[1]
(6)
Activities for which the North Andover Planning Board has issued
an approval pursuant to a special permit (including site plan review)
as well as definitive subdivision approval pursuant to the North Andover
Planning Board Rules and Regulations Governing the Subdivision of
Land.[2]
(7)
Activities for which the North Andover Zoning Board of Appeals (ZBA)
has issued a comprehensive permit pursuant to MGL c. 40B.
(8)
Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this bylaw.
C.
Prohibited activities. The following activities are prohibited under
this bylaw:
(1)
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
MS4, into a watercourse, or into the waters of the commonwealth.
(2)
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.
(3)
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.
D.
Allowable non-stormwater discharges. The following activities are
allowed without the need for consultation with the Planning Board:
(1)
Discharge or flow resulting from fire-fighting activities;
(2)
Water line flushing;
(3)
Flow from potable water sources;
(4)
Springs;
(5)
Natural flow from riparian habitats and wetlands;
(6)
Diverted stream flow;
(7)
Rising groundwater;
(8)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(9)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(10)
Discharge from landscape irrigation or lawn watering;
(11)
Water from individual residential car washing;
(12)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided the water is allowed to stand one week
prior to draining and the pool is drained in such a way as not to
cause a nuisance;
(13)
Discharge from street sweeping;
(14)
Dye testing, provided verbal notification is given to the Department
of Public Works prior to the time of the test;
(15)
Non-stormwater discharge permitted under a NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States 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
(16)
Discharge for which advanced written approval is received from
the Department of Public Works as necessary to protect public health,
safety, welfare or the environment.
A.
The primary authority for the administration, implementation, and enforcement of § 165-4 shall lie with the Planning Board.
B.
The Planning Board and its agents shall review all applications for
a land disturbance permit, conduct inspections, issue a final permit
and conduct any necessary enforcement action.
C.
If not already required by another permitting agency, the Planning
Board may retain, at the applicant's expense, independent consultants
as needed to advise the committee on any and all aspects of a specified
project. The Planning Board will accept the findings of any previous
outside environmental review. Independent consultants may include
but are not limited to registered professional engineers and environmental
site monitors.
D.
The Planning Board may adopt and periodically amend stormwater regulations
relating to land disturbance permits, exemption or waiver applications,
permit terms or conditions, design criteria, additional definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), or other procedures and administration of this bylaw after
conducting a public hearing to receive comments on any proposed revisions.
Such hearing dates shall be advertised in a newspaper of general local
circulation, at least 14 days before the hearing date, and a draft
of the regulations proposed to be adopted shall be available to the
public, including posting on the Town's website, by the date on which
such advertisement is published in said newspaper. After public notice
and hearing, the Planning Board may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Planning
Board to promulgate such rules and regulations shall not have the
effect of suspending or invalidating this bylaw.[1]
E.
The Planning Board will refer to the policy, criteria and information,
including specifications and standards, of the latest edition of the
Massachusetts Stormwater Management Policy or with design criteria
as described in North Andover's Subdivision Regulations,[2] whichever is more stringent, in the protection of the
Town's environmental and infrastructure resources, for execution of
the provisions of this bylaw.
F.
All meetings of the Planning Board are subject to the Open Meeting
Law.[3] Unless already reviewed by another permitting authority,
a notice in the local newspaper of a hearing on the land disturbance
application and that the Planning Board is accepting comments on the
land disturbance application shall be published at the applicant's
expense, at least five business days before the hearing date. The
land disturbance application shall be available for inspection by
the public during normal business hours at the Town offices. Comments
may be submitted to the Planning Board during business hours at the
Town offices.
[3]
Editor's Note: See MGL c. 30A, §§ 18 through
25.
G.
The Planning Board or its agent shall have the authority, with prior
approval from the property owner, or pursuant to court process, to
enter upon privately owned land for the purpose of performing its
duties under this bylaw.
H.
The Planning Board will accept the findings of any project previously
review by Conservation or Planning for stormwater effects.
I.
The Planning Board 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,
requirements for operation and maintenance requirements of permanent
structural BMPs, designation of responsible party, or restrictions
that the Planning Board determines are required to ensure that the
project will protect water resources and will meet the objectives
and requirements of this bylaw; or
(3)
Disapprove the application and deny a permit if it finds that the
proposed plan fails to meet the objectives and requirements of this
bylaw and its regulations.[4] If the Planning Board 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 Planning Board
may disapprove the application, denying a permit.
J.
The Planning Board shall take final action on an application within
60 days of receipt of a complete application. If, in the Planning
Board's opinion, additional time or information is required for review,
the Planning Board, by written agreement of the applicant, may continue
a consideration of the request to a date certain announced at the
meeting.
K.
Failure to take action within the time provided by this bylaw shall
be deemed to be approval of said application. Upon certification by
the Town Clerk that the allowed time has passed without the Planning
Board's action, the land disturbance permit shall be issued by the
Planning Board.
L.
Appeals of action by the Planning Board. A written decision of the
Planning Board shall be final when it is executed by the Planning
Board or its chair or acting chair and filed in the Town Clerk's office.
Further relief of a decision by the Planning Board made under this
bylaw shall be reviewable in the Superior Court or Land Court in accordance
with applicable law. Appeal actions shall be filed within 60 days
of issuance in accordance with MGL c. 249, § 4. The remedies
listed in this bylaw are not exclusive of any other remedies available
under any applicable federal, state or local law. No work shall commence
until the applicable appeal period has passed with no appeal or, if
an appeal has been filed, the appeal has been finally resolved by
adjudication or otherwise.
M.
All activity, exclusive of maintenance required in perpetuity, permitted
by the land disturbance permit must be completed within two years
of permit issuance. Extensions of time can be granted by the Planning
Board upon formal written request by the applicant. Upon the expiration
of one year from the date of permit issuance, if an extension has
not been granted, the permit shall be considered to be revoked.
N.
The stormwater management permit shall be recorded at the Essex North
District Registry of Deeds at the applicant's expense and proof of
recording provided to the Planning Board prior to the commencement
of any work under the permit.
O.
The Planning Board will issue a certificate of completion upon receipt
and approval of final reports and documentation as outlined in the
regulations[5] and/or upon otherwise determining that all work of the
permit has been satisfactorily completed in accordance with this bylaw.
The certificate of completion shall be recorded at the Essex North
District Registry of Deeds (or Registry of District of the Land Court,
if registered land) at the applicant's expense and proof of recording
shall be provided to the Planning Board.
The Planning Board shall establish fees, subject to approval
of the Board of Selectmen, to cover expenses connected with application
review and monitoring permit compliance. The fees shall be sufficient
to cover Town secretarial staff and professional staff and any such
other direct and indirect costs to the Town of processing and receiving
the applications. Provided that a revolving fund is established by
the Town in accordance with the provisions of MGL c. 44, § 53E 1/2,
the Planning Board is also authorized to collect fees from the applicant
in amounts sufficient to pay a registered professional engineer and
such other professional consultants as the Planning Board requires
to advise the Planning Board on any and all aspects of the project.
The fees for such professional engineers and consultants shall be
paid to the Town for deposit into the revolving fund.[1]
Unless otherwise posted with the Town as a separate "site opening
bond" specifically dedicated to the compliance with the intent of
this bylaw, the Planning Board may require the applicant to post before
the start of land disturbance activity a surety bond, or other acceptable
security. The form of the bond shall be approved by the Planning Board,
and be in an amount deemed sufficient by the Planning Board to insure
that the work will be completed in accordance with the permit. If
the project is phased, the Planning Board 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 Planning Board has issued
a certificate of completion.
A.
The Planning Board may waive strict compliance with any requirement
of this bylaw or the rules and regulations promulgated hereunder where
the activity:
B.
Any applicant may submit a written request to be granted such a waiver
at the time of submission. Such a request shall be accompanied by
an explanation or documentation supporting the waiver request and
demonstrating that the activity is allowed by federal, state or local
statutes and/or regulations or is in the public interest and is not
inconsistent with the purpose and intent of this bylaw and its regulations.
C.
All waiver requests shall be discussed and a decision will be made
at the time of final action by the Planning Board.
D.
If, in the Planning Board's opinion, additional information is required
for review of a waiver request, the Planning Board may continue a
consideration of the waiver request to a date certain announced at
the meeting. In the event the applicant fails to provide requested
information, the waiver request shall be denied. Any additional time
required by this request will extend the deadline for issuance of
a decision by the amount of time required to consider said request.
A.
The Planning Board or its authorized agent shall enforce this bylaw,
its regulations, orders, violation notices, and enforcement orders,
and may pursue all civil and criminal remedies for such violations.
B.
Orders. The Planning Board or its authorized agent may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(1)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw or provisions of the land
disturbance permit;
(2)
Maintenance, installation or performance of additional erosion and
sediment control measures;
(3)
Monitoring, analyses, and reporting;
(4)
Remediation of erosion and sedimentation resulting directly or indirectly
from the land disturbing activity.
C.
Compliance with the operation and maintenance plan. 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.
D.
Fines. Unless already being fined for the same offense by some other
Town regulatory body, any person who violates any provision of this
bylaw, regulation, order or permit issued thereunder shall be punished
by a fine of $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate violation.
E.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Planning Board may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, which
has been adopted by the Town, in which case the Planning Board or
authorized agent shall be the enforcing person. The penalty for each
violation shall be $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate violation.
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.
