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.
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.
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.
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.