[HISTORY: Adopted 5-2-2016 Annual Town Meeting, Art. 20, 21. Amendments noted where applicable.]
[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:
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.
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.
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.
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.
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.
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.
Any surface flow, runoff or drainage resulting entirely from
any form of natural precipitation.
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:
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:
Any person requesting a Stormwater Permit.
An activity, procedure, restrain, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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]
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.
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]
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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.
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.
Changing the level or shape of the ground 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.
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]
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]
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.
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.
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.
A person with a legal or equitable interest in property.
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 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.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
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.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Any surface flow, runoff or drainage resulting entirely from
any form of natural precipitation.
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.
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:
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.
