[HISTORY: Adopted 5-2-2016 Annual Town Meeting, Art. 20, 21. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A, Stormwater Permit Fee Schedule
[Amended 5-2-2016 ATM, Art. 20]
A. 
Non-stormwater discharges to a municipal storm drain system can harm water quality and create public health hazards. The purpose of this Bylaw is to provide for the health, safety, and general welfare of the citizens of the Town of Littleton through the regulation of non-stormwater discharges to the municipal storm drain system.
B. 
The objectives of this Bylaw are to:
1. 
Prevent pollutants from entering the storm drain system of the Town of Littleton;
2. 
Prohibit illicit connections and illicit discharges to the storm drain system;
3. 
Comply with the requirements of the Town of Littleton's National Pollutant Discharge Elimination System (NPDES) permit for discharges from the municipal storm drain system; and
4. 
Establish legal authority to ensure compliance with the provisions of this Bylaw through inspection, monitoring and enforcement.
C. 
This Bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act.
For the purposes of this Bylaw, the following shall mean:
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection was previously allowed, permitted or approved before the effective date of this Bylaw.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge to the Town's storm drain system (including dumping), except as exempted in § 38-4 of this Bylaw.
MUNICIPAL STORM DRAIN SYSTEM (or STORM DRAIN SYSTEM)
Town of Littleton-owned facilities by which stormwater is collected and/or conveyed. The municipal storm drain system includes but is not limited to municipal roads, catch basins, manholes, gutters, curbs, sidewalks, inlets, piped storm drains, outfalls, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
PERSON
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.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and any other material that may cause or contribute to exceedance of water quality standards in the waters to which the storm drain system discharges.
STORMWATER
Any surface flow, runoff or drainage resulting entirely from any form of natural precipitation.
TOWN
The Town of Littleton, Massachusetts, including its employees and designees.
[Amended 6-12-2021 ATM by Art. 36]
The Littleton Department of Public Works and the Littleton Board of Health shall administer, implement, and enforce the provisions of this Bylaw as set forth herein. Any powers granted to the Department of Public Works or the Board of Health, except the power to hear appeals, may be delegated in writing by (respectively) Department of Public Works management or the Board of Health to employees or agents of the Town.
A. 
Prohibition of illicit discharges. No person shall commence, allow, conduct or continue any illicit discharge to the municipal storm drain system. The following non-stormwater discharges are not considered illicit discharges:
[Amended 6-12-2021 ATM by Art. 36]
1. 
Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)], uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual resident car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash water, and residential building wash waters without detergents, and discharges or flow from firefighting, unless the Department of Public Works or the Board of Health determines that the discharge is a significant contributor of pollutants to the storm drain system;
2. 
Discharges associated with dye testing, provided that the discharger makes a verbal and written notification to the Department of Public Works before the test; and
3. 
Discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the Department of Public Works for any discharge to the storm drain system.
B. 
Prohibition of 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.
C. 
Prohibition of 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.
[Amended 6-12-2021 ATM by Art. 36]
[Amended 6-12-2021 ATM by Art. 36]
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials at that facility or operation that are resulting or may result in illicit discharges to the municipal storm drain system, that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous material, that person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services and shall notify the Department of Public Works by phone or electronic mail within two hours. In the event of a release of non-hazardous material, that person shall notify the Department of Public Works in person or by phone, facsimile or electronic mail no later than the next business day. For all releases, the initial notification shall be confirmed by written notice addressed and mailed to the Department of Public Works within two business days.
[Amended 6-12-2021 ATM by Art. 36]
A. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Bylaw. The Department of Public Works and the Board of Health, and their authorized agents, shall enforce this Bylaw and may pursue all civil and criminal remedies for violations.
B. 
Enforcement orders.
1. 
If any person violates or fails to comply with any of the requirements of this Bylaw, the Department of Public Works or Board of Health may order compliance by written notice to the responsible person via certified mail or hand delivery. The order shall include the name and address of the alleged violator, the address at which the violation is occurring or has occurred, a statement specifying the nature of the violation, a description of the actions needed to resolve the violation and come into compliance, the deadline within which such actions must be completed, and a statement that, if the violator fails to come into compliance by the specified deadline, the Town may do the work necessary to resolve the violation at the expense of the violator.
2. 
Said order may require, without limitation:
a. 
Elimination of illicit connections or discharges to the storm drain system;
b. 
Performance of monitoring, analyses and reporting;
c. 
Remediation of contamination caused by the illicit connection or discharge; and
d. 
The implementation of source control or treatment Best Management Practices.
3. 
Any person aggrieved by an enforcement order may appeal the order to the Board of Health. Appeals shall be made by submitting to the Board of Health, within 30 days of the order being appealed, a letter explaining why the order or decision was not justified. A copy of the letter shall be submitted simultaneously to the Department of Public Works. The decisions of the Board of Health regarding appeals shall be final. Any further appeal shall be to a court of competent jurisdiction.
C. 
Action by the Town to remedy a violation. If a violator fails to come into compliance by the deadline specified in an enforcement order, the Department of Public Works or Board of Health may do the work necessary to resolve the violation at the expense of the violator and/or property owner. For situations involving an immediate threat to public health, safety or natural resources, the Department of Public Works or Board of Health may remove the illicit connection immediately and take such other action as is necessary to protect public health, safety or natural resources; written notice of the removal shall be provided to the property owner by hand within 48 hours of the removal or by certified mail postmarked no later than the next business day following the removal.
D. 
Recovery of costs. If the Department of Public Works or Board of Health undertakes work to correct or mitigate any violation of this Bylaw, the Department or Board shall (within 30 days after completing the work) notify the violator and the owner(s) of the property (if different) in writing of the costs incurred by the Town, including administrative costs, associated with that work. The violator and the property owner(s) shall be jointly and severally liable to pay the Town those costs within 30 days of the receipt of that notice. The violator and/or the property owner(s) (if different) may file a written protest objecting to the amount or basis of costs with the Board of Health within 30 days of receipt of the notice. If the amount due is not received by the Town by the expiration of the time in which to file such a protest, or within 60 after the final decision of the Board of Health or (if appealed to court) a court of competent jurisdiction resolving that protest, the amount of the Town's costs shall be a special assessment against the property and shall constitute a lien on the property pursuant to G.L. c. 40, § 58. Interest shall accrue on any unpaid costs at the statutory rate, as provided in G.L. c. 59, § 57.
E. 
Civil relief. If a person violates the provisions of this Bylaw or an order issued thereunder, the Town 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 abate or remedy the violation. Any such civil action must be authorized by the Select Board.
F. 
Criminal penalty. Any person who violates any provision of this Bylaw or any order issued thereunder may 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. A criminal complaint may be filed by the Department of Public Works or Board of Health, with the authorization of the Select Board.
G. 
Non-criminal disposition (ticketing). As an alternative to criminal prosecution, the Department of Public Works or the Board of Health may elect to utilize the noncriminal disposition procedure set forth in G.L. c. 40, § 21D, and the Town of Littleton Bylaw Providing for Non-Criminal Disposition of Violations of Town Bylaws (§ 1-4B of the Littleton Town Code), in which case the enforcing agents will be: employees of the Department of Public Works; agents of the Board of Health; and police officers. The penalty for the first violation shall be $100. The penalty for each subsequent violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
H. 
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 Town and its agents, officers and employees may enter privately owned property for the purpose of performing their duties under this Bylaw and may make or cause to be made such examinations, surveys, sampling, or remedial activities as the Town deems reasonably necessary.
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.
The requirements of this Bylaw are in addition to the requirements of any other policy, rule, regulation or other provision of law. Where any provision of this Bylaw imposes restrictions different from those imposed by any other policy, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
The provisions of this Bylaw are severable. If any provision, clause, sentence or paragraph of this Bylaw or the application thereof to any person, establishment or circumstances is held to be invalid, such invalidity shall not affect any other provisions or application of this Bylaw.
[Amended 7-13-2017; 5-2-2016 ATM, Art. 21]
A. 
The harmful impacts of soil erosion and sedimentation include: impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and overloading or clogging of municipal catch basins and storm drainage systems. Stormwater runoff from developed land uses can have these harmful impacts; it can increase flooding and decrease groundwater recharge. The purpose of this Bylaw is to provide for the health, safety and general welfare of the citizens of the Town of Littleton through the regulation of stormwater runoff from land disturbance and developed and redeveloped land uses.
B. 
The objectives of this Bylaw are to:
1. 
Require practices that eliminate soil erosion and sedimentation and control the volume and rate of stormwater runoff resulting from land disturbance activities and developed land uses;
2. 
Promote infiltration and the recharge of groundwater;
3. 
Ensure that adequate soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained;
4. 
Require practices to control waste associated with construction activities, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary wastes;
5. 
Ensure adequate long-term operation and maintenance of stormwater management structures;
6. 
Comply with the requirements of the Town of Littleton's National Pollutant Discharge Elimination System (NPDES) permit for discharges from the municipal storm drain system; and
7. 
Establish legal authority to ensure compliance with the provisions of this Bylaw through inspection, monitoring, and enforcement.
C. 
This Bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act.
For the purposes of this Bylaw, the following shall mean:
APPLICANT
Any person requesting a Stormwater Permit.
BEST MANAGEMENT PRACTICE ("BMP")
An activity, procedure, restrain, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
COMMON PLAN OF DEVELOPMENT (or COMMON PLAN)
A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. For example, if a developer buys a 20-acre lot and builds roads, installs pipes, and runs electricity with the intention of constructing homes or other structures sometime in the future, this would be considered a larger common plan of development or sale. If the land is parceled off or sold, and construction occurs on plots that are less than one acre by separate, independent builders, this activity still would be subject to stormwater permitting requirements if the smaller plots were included on the original site plan.
[Amended 6-12-2021 ATM by Art. 29]
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter and sanitary waste, at a construction site that may adversely impact water quality.
CRITICAL AREA
Any of the following: An Outstanding Resource Water or Special Resource Water as designated in 314 CMR 4.00, a recharge area for a public water supply as defined in 310 CMR 22.02 (a Zone I, Zone II, or Interim Wellhead Protection Area for a groundwater source or a Zone A for a surface water source), a bathing beach as defined in 105 CMR 445.000, or a cold-water fishery as defined in 310 CMR 10.04.
[Added 6-12-2021 ATM by Art. 29]
DEVELOPMENT
The modification of land to accommodate a new use or expansion of use, usually involving construction.
EROSION
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.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details developed by a qualified Professional Engineer (PE) or a Certified Professional in Erosion and Sedimentation Control (CPESC), which includes best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related land-disturbing activities.
GRADING
Changing the level or shape of the ground surface.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
LAND-DISTURBING ACTIVITY or DISTURBANCE OF LAND
Action that alters the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and movement and stockpiling of top soils.
[Amended 6-12-2021 ATM by Art. 29]
LOW-IMPACT DEVELOPMENT (LID)
Systems and practices that use or mimic natural processes resulting in the infiltration, evapotranspiration or use of stormwater. LID includes (1) environmentally sensitive site design approaches such as minimizing impervious surfaces, fitting the development to the terrain, preserving and capitalizing on natural drainage systems, and reproducing pre-development hydrologic conditions, and (2) stormwater management systems modeled after natural hydrologic features to manage rainfall at the source using decentralized micro-scale controls, such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements.
[Added 6-12-2021 ATM by Art. 29]
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Stormwater Management Standards issued by the Massachusetts Department of Environmental Protection (as amended), aimed at encouraging recharge and preventing stormwater discharges from causing or contributing to the pollution of the surface waters and groundwaters of the Commonwealth. These Standards were first adopted by the Department in 1996 and are more fully set forth in the Massachusetts Stormwater Handbook.
MUNICIPAL STORM DRAIN SYSTEM or STORM DRAIN SYSTEM
Town of Littleton-owned facilities by which stormwater is collected and/or conveyed. The municipal storm drain system includes but is not limited to municipal roads, catch basins, manholes, gutters, curbs, sidewalks, inlets, piped storm drains, outfalls, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
OPERATION AND MAINTENANCE PLAN
A plan setting up 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.
OWNER
A person with a legal or equitable interest in property.
PERSON
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.
POLLUTANT
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and any other material that may cause or contribute to exceedance of water quality standards in the waters to which the storm drain system discharges.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
STORMWATER
Any surface flow, runoff or drainage resulting entirely from any form of natural precipitation.
STORMWATER MANAGEMENT PLAN
A plan containing sufficient information for the Board to evaluate the environmental impact, effectiveness and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater, including controlling stormwater runoff and promoting infiltration.
TOWN
The Town of Littleton, Massachusetts, including its employees and designees.
A. 
The Littleton Planning Board ("Board") shall administer, implement and enforce this bylaw, with assistance from the Littleton Building Commissioner as set forth herein. Any powers granted to or duties imposed upon the Board, except the power to hear appeals, may be delegated in writing by the Board to employees or agents of the Town.
B. 
Waiver. The Board 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 and the Town's NPDES stormwater discharge permit;
2. 
Is in the public interest; and
3. 
Is not inconsistent with the purpose and intent of this Bylaw.
C. 
Rules and regulations. The Board may adopt, and periodically amend, rules and regulations to effectuate the purposes of this Bylaw. Failure by the Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Bylaw.
[Amended 6-12-2021 ATM by Art. 29]
This bylaw shall apply to all activities that result in disturbance of one or more acres of land. Except as authorized by the Board in a Stormwater Permit or as provided below, no person shall perform any activity that results in disturbance of an acre or more of land or is part of a larger common plan of development or sale that will ultimately disturb one or more acres of land. For projects that will require a Stormwater Permit, no site preparation activities, including clearing of vegetation, can begin until the permit is obtained.
A. 
The following activities are exempt from the requirements of this Bylaw:
1. 
Normal maintenance and improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act (G.L. c. 131, § 40) and its implementing regulations (310 CMR 10);
2. 
Forestry activities, including harvesting forest products (as defined in G.L. c. 61, § 1), conforming at least to the minimum standards set forth in the Massachusetts Forest Cutting Practices Act (G.L. c. 132) and carried out pursuant to a Forest Management Plan approved by the Department of Conservation and Recreation; and
3. 
Normal maintenance of lawns and landscaping.
B. 
Effective Date: The amendment to this Bylaw made at the 2021 Littleton Annual Town Meeting will take effect after approval by the Office of the Attorney General and publication pursuant to G.L. c. 40, § 32. The amendment shall not apply to:
1. 
Stormwater Permits for which a complete application is submitted to the Planning Board by November 1, 2021, as long as the permitting process is not suspended for more than one year by the proponent and the project is not revised so significantly that the Planning Board deems a new application to be necessary; or
2. 
Projects under the jurisdiction of the Wetlands Protection Act (including the stormwater management requirements of the Wetlands Protection Regulations) for which a Notice of Intent is submitted by November 1, 2021 and an Order of Conditions approving the project (under that Notice of Intent) is issued by the Littleton Conservation Commission by May 1, 2022.
A. 
Application. A completed application for a Stormwater Permit shall be filed with the Board. A permit must be obtained prior to the commencement of land disturbing activity regulated by this Bylaw. The Stormwater Permit Application package shall include:
1. 
A completed Application Form with original signatures of all owners;
2. 
An Erosion and Sediment Control Plan as specified in this Bylaw;
3. 
A Stormwater Management Plan as specified in this Bylaw;
4. 
An Operation and Maintenance Plan as specified in this Bylaw; and
5. 
Payment of the application and review fees.
B. 
Entry. Filing an application for a permit grants the Board or its agent permission to enter the site to verify the information in the application and to inspect for compliance with permit conditions.
C. 
Public hearing. The Board shall hold a public hearing on the application. The hearing may be combined with the hearing for any other permit or approval for the same project that is within the jurisdiction of the Board. The Board shall make the application available for inspection by the public during business hours at the Littleton Planning Department Office and shall accept comments from the public in writing and at the public hearing.
D. 
Information requests. The applicant shall submit all additional information requested by the Board to issue a decision on the application.
E. 
Action by the Board. The Board may:
1. 
Approve the Stormwater Permit Application and issue a permit if it finds that the proposed plans will protect water resources and meet the objectives and requirements of this Bylaw;
2. 
Approve the Stormwater Permit Application and issue a permit with conditions, modifications or restrictions that the Board determines are required to ensure that the project will protect water resources and meet the objectives and requirements of this Bylaw; or
3. 
Disapprove the Stormwater Permit Application and deny the permit if it finds that the proposed plans will not protect water resources or fail to meet the objectives and requirements of this Bylaw.
F. 
Fee structure. Each application must be accompanied by the appropriate application fee as established by the Board. Applicants shall pay the application fee before the review process commences. The Board is authorized to retain a Registered Professional Engineer or other professional consultant to advise the Board on any or all aspects of the application. The Board may require the applicant to pay reasonable costs to be incurred by the Board for the employment of outside consultants pursuant to Planning Board rules as authorized by G.L. c. 44, § 53G.
G. 
Project changes. The permittee, or the permittee's agent, must notify the Board in writing of any change or alteration of a land-disturbing activity authorized in a Stormwater Permit before any change or alteration occurs. If the Board determines that the change or alteration is significant, the Board may require that an amended Stormwater Permit application be filed.
A. 
The Erosion and Sediment Control Plan shall contain sufficient information to describe the nature and purpose of the proposed development, pertinent conditions of the site and the adjacent areas, and proposed erosion and sedimentation controls and other pollution prevention measures. A Stormwater Pollution Prevention Plan that meets the requirements of the U.S. Environmental Protection Agency Construction General Permit and the design requirements set forth below shall be considered to meet this requirement.
B. 
The erosion and sediment control and pollution prevention measures set forth in the Erosion and Sediment Control Plan shall be designed to meet Standard 8 of the Massachusetts Stormwater Standards, minimize the total area of disturbance, and properly manage construction and waste materials.
C. 
Site plan. The Erosion and Sediment Control Plan shall include a site plan, stamped and certified by a qualified Professional Engineer registered in Massachusetts or a Certified Professional in Erosion and Sediment Control, containing the following information:
1. 
Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan;
2. 
Title, date, north arrow, scale, legend, and locus map;
3. 
Locations of watercourses and water bodies;
4. 
Lines of existing abutting streets showing drainage (including catch basins), driveway locations and curb cuts;
5. 
Property lines showing the size of the entire parcel, and a delineation and number of square feet of the land area to be disturbed;
6. 
Drainage patterns and approximate slopes anticipated after major grading activities (construction phase grading plans);
7. 
Location and details of erosion and sediment control measures, including both structural and non-structural measures, interim grading, and material stockpiling areas;
8. 
Location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures; and
9. 
Such other information as is required by the Board.
[Amended 6-12-2021 ATM by Art. 29]
A. 
The Stormwater Management Plan shall contain sufficient information for the Board to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater post-construction, including Low Impact Development site planning and design strategies. The Stormwater Management Plan shall fully describe the project in drawings and narrative.
B. 
The stormwater management measures described in the Stormwater Management Plan shall, at a minimum, be designed to meet Massachusetts Stormwater Management Standards 1-6 (for new development) or 7 (for redevelopment). In addition, Low Impact Development site planning and design strategies (as described in § 38-12) shall be incorporated unless infeasible in order to reduce the discharge of stormwater. To the extent that the Town's NPDES stormwater discharge permit contains post-construction requirements that go beyond the Massachusetts Stormwater Management Standards, additional design requirements implementing the NPDES permit requirements may be adopted by the Planning Board in Rules and Regulations developed under § 38-13C. The Rules and Regulations may specify the precipitation estimates to be used when calculating stormwater runoff for drainage system design; the precipitation data set specified shall be one that is regionally appropriate and widely used, such as those published by the National Oceanic and Atmospheric Administration and the Northeast Regional Climate Center.
C. 
Site plan. The Stormwater Management Plan shall include a site plan, stamped and certified by a qualified Professional Engineer registered in Massachusetts, containing the following information:
1. 
Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan;
2. 
Title, date, north arrow, scale, legend, and locus map;
3. 
The site's existing and proposed topography with contours at two-foot intervals;
4. 
The existing site hydrology, including any existing stormwater conveyances or impoundments;
5. 
Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration;
6. 
The existing and proposed vegetation and ground surfaces with runoff coefficient for each;
7. 
A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths;
8. 
Identification of all critical areas and tributaries to critical areas within the geographic area shown on the plan;
9. 
Drawings of all components of the proposed drainage system; and
10. 
Such other information as is required by the Board.
A. 
An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all projects. The O&M Plan shall be designed to ensure that all aspects of the stormwater management system operate as designed throughout the life of the system. The Board shall make the final decision regarding what maintenance requirements are appropriate in a given situation. Each parcel must have its own O&M Plan. The O&M Plan shall remain on file with the Board and shall be an ongoing requirement, enforceable against the owner of the parcel to which it applies, pursuant to the provisions of this Bylaw.
B. 
The O&M Plan shall include:
1. 
The name(s) of the owner(s) of the parcel for which the O&M Plan is being submitted;
2. 
Maintenance specifications, including a schedule, for all drainage structures, including swales and ponds, and any other component of the stormwater system that requires maintenance; and
3. 
The signature(s) of the owner(s).
C. 
In the case of stormwater BMPs that are serving more than one lot, the applicant shall include a mechanism for implementing and enforcing the O&M Plan. The applicant shall identify the lots or units that will be serviced by the proposed stormwater BMPs. The applicant shall also provide a copy of the legal instrument (deed, declaration of trust, articles of incorporation, etc.) that establishes the terms of and legal responsibility for the operation and maintenance of stormwater BMPs. In the event that the stormwater BMPs will be operated and maintained by an entity or person other than the sole owner of the lot upon which the BMPs are placed, the applicant shall provide a plan and easement deed that provides a right of access for the entity or person to be able to perform said operation and maintenance functions.
D. 
The Board may require that notice of the O&M Plan be recorded with the Registry of Deeds.
E. 
The Board may require that the property owner submit an annual report documenting maintenance activities.
F. 
Changes to Operation and Maintenance Plans.
1. 
The owner(s) of the parcel to which an O&M Plan applies must notify the Board of any changes in ownership of the parcel.
2. 
In the case of a stormwater BMP that serves more than one lot, the owners of the parcels served by the BMP must notify the Board of any change to the entity or person operating or maintaining the BMP or the legal instrument that establishes terms and legal responsibility for the operation and maintenance of the BMP.
3. 
The O&M Plan may be amended to achieve the purposes of this Bylaw by mutual agreement of the Board and the parcel owner(s). Amendments must be in writing and signed by all owners and the Board.
A. 
Board inspection. The Board or its designated agent may make inspections (before, during and/or after construction) to assess compliance with the Stormwater Permit. The Board may require the applicant to notify the Board before significant site milestones, such as installation of erosion and sediment control measures or completion of site clearing.
B. 
Permittee inspections. The Board may require the permittee or his/her agent to periodically conduct and document inspections of all control measures (before, during and/or after construction) and submit reports to the Board.
C. 
As-built plan. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit to the Board a record plan detailing the actual stormwater management system as installed.
D. 
Access permission. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Board, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Bylaw and may make or cause to be made such examinations, surveys or sampling as the Board deems reasonably necessary to determine compliance with the permit.
The Board may require the permittee to post, before the start of land disturbance activity, a surety bond, irrevocable letter of credit, 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 Board to ensure that the work will be completed in accordance with the permit. If the project is phased, the 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 Board has received the final as-built plan.
A. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Bylaw. The Board and its authorized agents shall enforce this Bylaw and may pursue all civil and criminal remedies for violations.
B. 
Enforcement orders.
1. 
If any person violates or fails to comply with any of the requirements of this Bylaw, the Board may order compliance by written notice to the responsible person via certified mail or hand delivery. The order shall include the name and address of the alleged violator, the address at which the violation is occurring or has occurred, a statement specifying the nature of the violation, a description of the actions needed to resolve the violation and come into compliance, the deadline within which such actions must be completed, and a statement that, if the violator fails to come into compliance by the specified deadline, the Town may do the work necessary to resolve the violation at the expense of the violator.
2. 
Said order may require, without limitation:
a. 
A requirement to cease and desist from land-disturbing activity until compliance is achieved;
b. 
Maintenance, installation or performance of additional erosion and sediment control measures;
c. 
Repair, maintenance or replacement of the stormwater management system or portions thereof in accordance with the Stormwater Permit and/or the O&M Plan;
d. 
Monitoring, analyses, and reporting; and
e. 
Remediation of erosion, sedimentation, or any other adverse impact resulting directly or indirectly from failure to comply with the Erosion and Sediment Control Plan, the Stormwater Management Plan, the O&M Plan, or any other terms or conditions of a Stormwater Permit or this Bylaw.
3. 
Any person aggrieved by an enforcement order may appeal the order to the Board. Appeals shall be made by submitting to the Board, within 30 days of the order being appealed, a letter explaining why the order or decision was not justified. The decisions of the Board regarding appeals shall be final. Any further appeal shall be to a court of competent jurisdiction.
C. 
Action by the Town to remedy a violation. If a violator fails to come into compliance by the deadline specified in an enforcement order, the Board may do the work necessary to resolve the violation at the expense of the violator and/or property owner. For situations involving an immediate threat to public health, safety or natural resources, the Board may immediately take such action as is necessary to protect public health, safety or natural resources; written notice of the action shall be provided to the property owner within 24 hours.
D. 
Recovery of costs. If the Board undertakes work to correct or mitigate any violation of this Bylaw, the Department or Board shall (within 30 days after completing the work) notify the violator and the owner(s) of the property (if different) in writing of the costs incurred by the Town, including administrative costs, associated with that work. The violator and the property owner(s) shall be jointly and severally liable to pay the Town those costs within 30 days of the receipt of that notice. The violator and/or the property owner(s) (if different) may file a written protest objecting to the amount or basis of costs with the Board within 30 days of receipt of the notice. If the amount due is not received by the Town by the expiration of the time in which to file such a protest, or within 60 days after the final decision of the Board or (if appealed to court) a court of competent jurisdiction resolving that protest, the amount of the Town's costs shall constitute a municipal charge for purposes of G.L. c. 40, § 58, and a lien may be imposed upon the property pursuant to G.L. c. 40, § 58. Interest shall accrue on any unpaid costs at the statutory rate, as provided in G.L. c. 59, § 57.
[Amended 6-12-2021 ATM by Art. 29]
E. 
Civil relief. If a person violates the provisions of this Bylaw or an order issued thereunder, the Town 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 abate or remedy the violation. Any such civil action must be authorized by the Select Board.
[Amended 6-12-2021 ATM by Art. 29]
F. 
Criminal penalty. Any person who violates any provision of this Bylaw or any order issued thereunder may 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. A criminal complaint may be filed by the Board, with the authorization of the Select Board.
[Amended 6-12-2021 ATM by Art. 29]
G. 
Non-criminal disposition (ticketing). As an alternative to criminal prosecution, the Board or its agents may elect to utilize the non-criminal disposition procedure set forth in G.L. c. 40, § 21D, and the Town of Littleton Bylaw Providing for Non-Criminal Disposition of Violations of Town Bylaws (§ 1-4B of the Littleton Town Code), in which case the enforcing agents will be: employees of the Planning Department and the Building Commissioner. The penalty for the first violation shall be $100. The penalty for each subsequent violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
H. 
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 Town and its agents, officers and employees may enter privately owned property for the purpose of performing their duties under this Bylaw and may make or cause to be made such examinations, surveys, sampling, or remedial activities as the Town deems reasonably necessary.
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.
The requirements of this Bylaw are in addition to the requirements of any other policy, rule, regulation or other provision of law. Where any provision of this Bylaw imposes restrictions different from those imposed by any other policy, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
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.