[HISTORY: Adopted by the Town Meeting of the Town of Templeton 3-6-2008 (Art. LIII of the Bylaw Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Excavations and resource removal — See Ch. 145.
Storm drains — See Ch. 230.
Zoning — See Ch. 300.
Subdivision of land — See Ch. 310.
A. 
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Templeton's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater which result in the contamination of drinking water supplies; erosion of stream channels; alteration or destruction of aquatic and wildlife habitat; and flooding. This bylaw establishes minimum stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, townspeople and the general public.
B. 
This bylaw requires local review and approval of a stormwater management plan for all development and redevelopment projects that disturb one acre or more. In addition to this bylaw, the owner and/or developer is also obligated to meet the requirements of the Federal Environmental Protection Agency's (EPA) regulations for stormwater management.
The objectives of this bylaw are:
A. 
To require practices to control the flow of stormwater from new and redeveloped sites into the Town's storm drainage system in order to prevent flooding and erosion;
B. 
To protect groundwater and surface water from degradation;
C. 
To promote groundwater recharge;
D. 
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;
E. 
To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;
F. 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
G. 
To establish Templeton's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
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 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 permit granting authority. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site.
B. 
Construction activities that are exempt are:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation (310 CMR 10.04) or the improvement or preparation of land for agricultural use outside the jurisdictional areas of the Wetlands Protection Act, provided that the activity is undertaken in such a manner as to prevent erosion and siltation of wetlands and surface waters in accordance with U.S. Department of Agriculture "Guidelines for Soil and Water Conservation" and is conducted in accordance with federal and state laws.
(2) 
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling.
(3) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns.
(4) 
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns.
(5) 
Work activities of municipal, state, or federal agencies or their agents outside of the Phase II boundaries as shown on the latest U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) Phase II maps.
(6) 
As authorized in the Phase II Small MS4 General Permit for Massachusetts, stormwater discharges resulting from the activities identified in § 235-3 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Conservation Commission are exempt from compliance with this bylaw.
A. 
The permit granting authority (PGA) under this bylaw shall be the Templeton Planning Board. Such a permit shall be granted if the PGA determines, with the advice and recommendations of the Zoning Enforcement Officer, Conservation Commission, and the Highway Department, that the intent of this bylaw, as well as specific criteria, is met. The PGA shall not grant a permit under this section unless the petitioner's application materials include, in the PGA's opinion, sufficiently detailed definite and credible information to support positive findings in relation to the standards given in this section. The PGA shall document the basis for any departures from the recommendations of the other Town boards or departments in its decision.
B. 
The site owner or his agent shall file with the PGA 10 copies of a completed application package for a stormwater management permit (SMP). Permit issuance is required prior to any site-altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP application package shall include:
(1) 
A completed application form with original signatures of all owners;
(2) 
Ten copies of the stormwater management plan and project description as specified in § 235-5.
(3) 
Ten copies of the operation and maintenance plan as required by § 235-6 of this bylaw;
(4) 
Payment of the application and review fees.
(5) 
A list of abutters (owners of property within 300 feet of the boundaries of the site), as certified by the Assessors.
C. 
Entry. To the extent permitted by state law, filing an application for a permit grants the PGA or its planning agent permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit.
D. 
Other boards. The PGA shall give one copy of the application package to the designated technical reviewers, which include the Zoning Enforcement Officer, Conservation Commission, and Highway Department, for the purpose of reviewing the permit application. The PGA may also engage the services of a peer review engineer at the applicant's expense if, in the opinion of the PGA, such review is necessary for assessing technical information supplied by the applicant and assessing the adequacy of proposed stormwater control measures.
E. 
The PGA shall obtain with each submission an application fee established by the PGA. If the PGA retains a registered professional engineer or other professional consultant for technical review, additional review fees will be required. Applicants must pay review fees before the review process may begin.
F. 
Public hearing. The PGA shall hold a public hearing within 60 days of the receipt of a complete application, and shall take final action within 60 days from the close of the public hearing, unless such time is extended by agreement between the applicant and the PGA. Notice of the public hearing shall be given by publication in a newspaper of general circulation in the Town, by posting at Town Hall, and by first-class mailings to abutters at least seven days prior to the hearing. The PGA shall make the application available for inspection by the public during business hours at the Town offices.
G. 
Actions. The PGA's action, rendered in writing, shall consist of either:
(1) 
Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in § 235-5B and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw;
(2) 
Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the PGA which will ensure that the project meets the standards in § 235-5B and adequately protects water resources, as set forth in this bylaw;
(3) 
Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in § 235-5B or adequately protect water resources, as set forth in this bylaw.
H. 
Project completion. At completion of the project, the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices (BMPs) required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer.
A. 
Application. The stormwater management plan shall contain sufficient information for the PGA to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the Massachusetts stormwater management standards as set forth in the current edition of the Department of Environmental Protection guidelines and policies. The plan shall be designed to also meet the policy standards of the PGA. The stormwater management plan shall fully describe the project in drawings and narrative. It shall include:
(1) 
Locus map;
(2) 
The existing zoning and land use at the site;
(3) 
The proposed land use;
(4) 
The location(s) of existing and proposed easements;
(5) 
The location of existing and proposed utilities;
(6) 
The site's existing and proposed topography with contours at two-foot intervals;
(7) 
The existing site hydrology;
(8) 
A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;
(9) 
A delineation of one-hundred-year floodplains, if applicable;
(10) 
Estimated high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration;
(11) 
The existing and proposed vegetation and ground surfaces, with runoff coefficient for each;
(12) 
A drainage area map showing pre- and post-construction watershed boundaries, drainage area, and stormwater flow paths;
(13) 
A description and drawings 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 measures for the detention, retention, or infiltration of water;
(c) 
All measures for the protection of water quality;
(d) 
The structural details for all components of the proposed drainage systems and stormwater management facilities;
(e) 
Notes on drawings specifying materials to be used, construction specifications, and typicals; and
(f) 
Expected hydrology with supporting calculations;
(14) 
Proposed improvements, including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;
(15) 
Timing, schedules, and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization;
(16) 
Plans to minimize soil erosion and control sedimentation during construction, including interim and permanent soil stabilization measures, management of on-site construction and waste materials, and prevention of off-site transport of sediment;
(17) 
A maintenance schedule for the period of construction; and
(18) 
Any other information requested by the PGA.
B. 
Standards. Projects shall meet the standards of the Massachusetts Stormwater Management Policy as are currently in effect.
C. 
Project changes. The permittee, or its agent, shall notify the PGA in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the PGA determines that the change or alteration is significant, based on the design requirements listed in § 235-5 and accepted construction practices, the PGA may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the PGA may require the installation or interim measures before approving the change.
An operation and maintenance plan (O&M plan) is required at the time of application for all projects. The maintenance plan shall be designed to ensure compliance with the permit, this bylaw and that the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons and throughout the life of the system. The operation and maintenance plan shall remain on file with the PGA and shall be an ongoing requirement.
A. 
The O&M plan shall include:
(1) 
The name(s) of the owner(s) for all components of the system.
(2) 
Maintenance agreements that specify:
(a) 
The names and addresses of the person(s) responsible for operation and maintenance.
(b) 
The person(s) responsible for financing maintenance and emergency repairs.
(3) 
Maintenance schedule for all drainage structures, including swales and ponds.
(4) 
List of easements, with the purpose and location of each.
(5) 
The signature(s) of the owner(s).
(6) 
Evidence that the owner has sufficient legal authority and necessary property rights to access and maintain all aspects of the stormwater control system.
B. 
Changes to operation and maintenance plans.
(1) 
The owner(s) of the stormwater management system must notify the PGA of changes in ownership or assignment of financial responsibility.
(2) 
The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this bylaw by mutual agreement of the PGA and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility.
The PGA may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, cash, or other acceptable security. The form of the bond shall be approved by Town Counsel, and be in an amount deemed sufficient by the PGA to ensure that the work will be completed in accordance with the permit. If the project is phased, the PGA 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 PGA has received the final inspection report as required by § 235-8B(4) and issued a certificate of completion.
A. 
At the discretion of the PGA, periodic inspections of the stormwater management system construction may be conducted by the Town or a professional engineer approved by the PGA. Written reports shall include:
(1) 
Inspection date and location.
(2) 
Evaluation of compliance with the stormwater permit.
(3) 
Any variations from approved specifications or any violations of the stormwater management plan.
B. 
At a minimum, the PGA or its agent/engineer may inspect the project site at the following stages:
(1) 
Initial site inspection: prior to approval of any plan.
(2) 
Erosion control inspection: to ensure erosion control practices are in accord with the filed plan.
(3) 
Bury inspection: prior to backfilling of any underground drainage stormwater conveyance structures.
(4) 
Final inspection: After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. The PGA or its agent may inspect the system to confirm its "as built" features.
C. 
This inspector may also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he/she shall so report to the PGA, which will issue a certificate of completion. As-built plans shall be full-size plans that include all final grades, prepared by a professional engineer. All changes to project design should be clearly depicted on the as-built plans.
D. 
If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the stormwater management plan, it shall be corrected by the permittee before the performance guarantee is released. If the system does not comply with the plan, the permittee shall be notified in writing of the violation and the required corrective actions. A stop-work order shall be issued until any violations are corrected and all work previously completed has received approval by the PGA.
A. 
The PGA may waive strict compliance with any requirement of this bylaw or the rules and regulations promulgated hereunder, where such action:
(1) 
Is allowed by federal, state, and local statutes and/or regulations;
(2) 
Is in the public interest; and
(3) 
Is not inconsistent with the purpose and intent of this bylaw.
B. 
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this bylaw.
C. 
All waiver requests shall be discussed and voted on at the public hearing for the project.
D. 
If, in the PGA's opinion, additional time or information is required for review of a waiver request, the PGA may continue the hearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
The PGA will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw.
A. 
The PGA or an authorized agent of the PGA shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Orders.
(1) 
The PGA or an authorized agent of the PGA may issue a written order to enforce the provisions of this bylaw or the regulations hereunder, which may include requirements to:
(a) 
Cease and desist from construction or land-disturbing activity until there is compliance with the bylaw and the stormwater management permit;
(b) 
Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan.;
(c) 
Perform monitoring, analysis, and reporting;
(d) 
Remediate adverse impacts resulting directly or indirectly from malfunction of the stormwater management system.
(2) 
If the PGA or authorized agent of the PGA determines that the abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Templeton may, at its option, undertake such work, and the property owner shall reimburse the Town's expenses.
(3) 
Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall 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 PGA within 30 days of receipt of the notification of the cost 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 PGA 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.
C. 
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued hereunder shall be punished by a fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. 
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 this bylaw of the Town of Templeton, in which case the PGA or its authorized agent shall be the enforcing person. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. 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.
The PGA may adopt, and periodically amend, rules and regulations to effectuate the purposes of this bylaw. Failure by the PGA to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw or any permits issued pursuant to the bylaw.
The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.