[HISTORY: Adopted by the Town Meeting of the Town of Norton 10-17-2016 FTM by Art. 13. Amendments
noted where applicable.]
The purpose of this bylaw is to:
A.Â
Adopt a local construction-term stormwater runoff control program
to minimize or eliminate erosion and maintain sediment on site so
that it is not transported to a water of the commonwealth;
B.Â
Reduce the discharge of pollutants found in stormwater through the
retention and treatment of stormwater during and after construction;
C.Â
Ensure long-term operation and maintenance of stormwater drainage
systems; and
D.Â
Meet the Massachusetts MS4 General Permit mandates for the Town of
Norton.
[Amended 5-8-2021 ATM by Art. 13]
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34.
[Amended 5-8-2021 ATM by Art. 13]
The definitions of terms shall be consistent with Massachusetts
Wetland Protection Act, MGL c. 131, § 40 and its implementing
regulations, 310 CMR 10.00, and the Massachusetts (MA) Department
of Environmental Protection (DEP) Stormwater Management Handbook,
as amended from time to time (the "Handbook"), except that the following
definitions shall apply in the interpretation and implementation of
this bylaw:
For purposes of this bylaw, the Conservation Director for
matters over which the Conservation Commission has jurisdiction, the
Building Commissioner for matters over which the Planning Board has
jurisdiction, and/or any additional agent designated by the Stormwater
Committee, and confirmed by the Select Board, shall be charged with
enforcing the provisions of this bylaw.
The process by which the ground surface is worn by natural
forces, including but not limited to wind, water, ice, gravity, and
glaciers or by artificial means.
A cost-effective, resilient approach to managing wet-weather
impacts that reduces and treats stormwater at its source while delivering
environmental, social, and economic benefits. Examples include rainwater
harvesting, rain gardens, bioretention swales, permeable paving, and
green roofs.
Any surface that prevents or significantly impedes the infiltration
of water into the underlying soil. This can include but is not limited
to: asphalt, concrete and other solid material; and may include roads,
driveways, parking areas, buildings, rooftops, structures, artificial
turf and compacted gravel or soil.
Not technologically possible, or not economically practicable
and achievable in light of best industry practices.
The act of conveying of surface water into the ground for
the purpose of groundwater recharge and reduction of stormwater runoff
from a project site.
An act by which soil is cleared, stripped, stockpiled, or
any combination thereof; land disturbance for purposes of this bylaw
section shall also include land-clearing activities including but
not limited to grubbing, racking and clearing of vegetation.
Refers to the Department of Environmental Protection's Massachusetts
Integrated List of Waters.
Techniques that manage rainfall at the source using uniformly
distributed decentralized microscale controls.
For the purposes of this bylaw and in the context of stormwater
discharges associated with construction activity, an "operator" is
any party associated with a construction project that meets either
of the following two criteria:
The party has operational control over construction plans and
specifications, including the ability to make modifications to those
plans and specifications (e.g., applicant, property owner, engineer
or architect); or
The party has day-to-day operational control of those activities
at a project that are necessary to ensure compliance with the permit
conditions (e.g., the contractor).
Where there are multiple operators associated with the same
project, all operators may be held jointly and severally liable for
ensuring compliance with this bylaw. Subcontractors generally are
not considered operators for the purposes of this permit unless they
are directly responsible for stormwater-related work.
A measure that prevents sedimentation through the use of
controls (e.g., silt fence, wattles) at the extent of land-disturbing
activities.
Natural and human-made materials that can contaminate and
impair water quality when deposited into lakes, rivers, wetlands,
and ground waters. These pollutants include, but are not limited to,
dredged spoil; incinerator residue; filter backwash; munitions; biological
materials; heat; wrecked or discarded equipment; fertilizers and herbieldes;
chemical waste; chlorinated pool water; sewage and sewage sludge;
solid waste; garbage; oil, grease, and toxic chemicals; construction
sediment; rock, sand and cellar dirt; streambank erosion; irrigation
runoff; bacteria and nutrients; pet and other animal wastes; yard
waste and industrial, municipal and agricultural waste.
Any construction, land alteration, or improvement of impervious
surfaces resulting in total land disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of "new development" as defined in the 2017 Massachusetts
MS4 General Permit.
The rules and regulations promulgated under this bylaw unless
otherwise specified.
Any lot or parcel of land, combination of lots, or area of
property where land-disturbing activities are, were, or will be performed.
Any earth, sand, rock, gravel, or similar material.
Any rainwater runoff, snow melt runoff, and surface water
runoff and drainage.
A committee comprised of the Building Inspector, Conservation
Director, Health Agent, Highway Superintendent, Town Planner, and
Water/Sewer Superintendent and a resident representative.
Any activity which removes the vegetative surface cover of
land, including but not limited to tree removal, clearing, grubbing,
and storage or removal of topsoil.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, groundwaters, and vernal pools
as defined in 314 CMR 4.00, Massachusetts Surface Water Quality Standards.
The same as defined in the Clean Water Rule: Definition of
"Waters of the United States," 40 CFR 230.3.
Any resource area, subject to the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40.
No person shall clear, cut, grade, or perform any land-disturbing
activity or perform any activity that will result in disturbed soil,
impervious surface, an increased amount of stormwater runoff or pollutants
flowing from a parcel of land, alteration of the drainage characteristics
of a parcel of land, or create flows that enter the municipally owned
storm drain system without first applying for and receiving a stormwater
management permit (SMP).
A.Â
All development and redevelopment projects shall be designed to meet
the Department of Environmental Protection (DEP) Massachusetts Stormwater
Management Standards ("the Standards") as described in the Stormwater
Handbook ("the Handbook"), as revised, the Massachusetts MS4 General
Permit, as revised and regulations promulgated by this bylaw;
[Amended 5-8-2021 ATM by Art. 13]
B.Â
Any stormwater discharge leading to waters of the United States with
a designated total maximum daily load (TMDL), or identified pollutant
according to the most recent DEP List of Impaired Waters, shall be
subject to best management practices (BMPs) to treat the pollutant
of concern; and
[Amended 5-8-2021 ATM by Art. 13]
C.Â
All post-construction stormwater management systems shall be maintained
by the owner in accordance with an approved operation and maintenance
(O&M) plan and a documented regular inspection schedule.
No person shall alter land within the Town of Norton without
having obtained a stormwater management permit (SMP) for the property,
with the following exceptions:
A.Â
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation (310 CMR 10.04)
or exemptions applicable to agricultural or forestry operations, contained
in the Wetlands Protection Act (MGL c. 131, § 40), provided
best management practices of the Natural Resources Conservation Service
(NRCS) are implemented;
B.Â
Routine maintenance of vegetation and removal of dead or diseased
limbs or trees, or removal of hazardous trees, control of noxious
weeds or vines or to remedy a potential fire or health hazard or threat
to public safety;
C.Â
Projects accessory to a single-family dwelling, limited to construction
of a deck, patio, retaining wall, shed, aboveground swimming pool,
tennis or basketball court, replacement or expansion of less than
500 square feet of an existing driveway;
[Amended 5-8-2021 ATM by Art. 13]
D.Â
Normal maintenance of existing lawfully located landscaping, gardens
or lawn areas;
E.Â
The construction of fencing that will not substantially alter existing
terrain or drainage characteristics or patterns;
F.Â
Construction of utilities other than stormwater management systems,
which will not change existing grades, ground cover, or drainage characteristics
or patterns;
[Amended 5-8-2021 ATM by Art. 13]
G.Â
Fire-fighting activities;
H.Â
Hydrant flushing or water main break repairs performed by the Water
Department, provided that best management practices are used, or by
the Norton Fire Department for emergencies;
[Amended 5-8-2021 ATM by Art. 13]
I.Â
Routine maintenance of existing public ways, including reclamation
and paving, and other routine maintenance activities that will not
significantly alter the existing drainage patterns, provided best
management practices are implemented; and
[Amended 5-8-2021 ATM by Art. 13]
J.Â
Other construction activities which are specifically exempted from
the application of this bylaw under the rules and regulations promulgated
under this bylaw.
This bylaw shall not apply to any work or projects for which
all necessary approvals and permits have been filed or issued prior
to the effective date of this bylaw.
[Amended 5-8-2021 ATM by Art. 13]
Erosion prevention and stabilization of soils shall be required,
including, but not limited to, perimeter controls, sediment controls,
erosion controls, stabilized construction exits, catch basin inlet
protection, daily street sweeping and other best management practices.
Dust control, dewatering means and methods, and concrete washout areas
shall be required. All disturbed areas not in active use for greater
than 14 days shall be stabilized with temporary erosion controls.
Any disturbed soils not permanently stabilized prior to October 15
of any year shall be temporarily stabilized to prevent erosion until
active use resumes. Sediment controls shall not contain any nylon
mesh or netting found to be a hazard to local wildlife. Hay bales
shall not be used as sediment control due to the potential to spread
invasive plant species. One-hundred-percent biodegradable controls
are preferred, such as rolled erosion control products (e.g., mulch
control netting, erosion control blankets, turf mats, mulch socks,
fiber rolls, wattles, etc.), which must be 100% natural biodegradable
material. Photodegradable, UV degradable or oxo-(bio)degradable plastics
are not considered biodegradable.
[Amended 5-8-2021 ATM by Art. 13]
The operator shall provide waste containment and removal for
demolition and construction debris, litter, sanitary wastes, chemical
and materials storage, concrete washout, dewatering, and snow removal.
The operator shall prepare and adhere to a pollution prevention control
plan as defined in the rules and regulations promulgated under this
bylaw during construction.
[Amended 5-8-2021 ATM by Art. 13]
All projects shall utilize low-impact development (LID) techniques
and green infrastructure planning and design strategies unless determined
to be infeasible by the issuing authority. Stormwater management systems
design shall be consistent with, or more stringent than, the then-most
recent Massachusetts DEP Massachusetts Stormwater Handbook, as it
is amended from time to time. Infiltration shall be required consistent
with Volume 2 of the Handbook or other federally or state-approved
BMP design guidance.
[Amended 5-8-2021 ATM by Art. 13]
All eligibility requirements and definitions are the same as
in the MA DEP Stormwater Management Handbook except as noted in this
bylaw. Stormwater runoff from all industrial, commercial, institutional,
office, residential and transportation projects, including site preparation,
construction and redevelopment, and all point source discharges shall
be managed according to the DEP Stormwater Management Standards as
described in the Handbook, except for the addition of the following
standards as required by the United States Environmental Protection
Agency ("EPA") in the Massachusetts MS4 General Permit, as amended:
A.Â
New development. Stormwater management systems on new development
shall be designed to meet an average annual pollutant removal equivalent
to 90% of the average annual load of total suspended solids (TSS)
related to the total post-construction impervious area on the site
and 60% of the average annual load of total phosphorus (TP) related
to the total post-construction impervious surface area on the site.
Average annual pollutant removal requirements are achieved through
one of the following methods:
(1)Â
Installing BMPs that meet the pollutant removal percentages based
on calculations developed consistent with EPA Region 1's BMP
Accounting and Tracking Tool (2016) or other BMP performance evaluation
tool provided by BPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, then any
federally or state-approved BMP design guidance or performance standards
(e.g., state stormwater handbooks and design guidance manuals) may
be used to calculate BMP performance; or
(2)Â
Retaining the volume of runoff equivalent to, or greater than, one
inch multiplied by the total post-construction impervious surface
area on the new development site; or
(3)Â
Meeting a combination of retention and treatment that achieves the
above standards; or
(4)Â
Utilizing off-site mitigation that meets the above standards within
the same USGS HUC12 as the new development site.
B.Â
Redevelopment (as defined by the Massachusetts MS4 General Permit).
(1)Â
All redevelopment shall comply with Stormwater Standards 1, 2, 3,
5, 6 and 9 of the Handbook to the maximum extent practicable; and
(2)Â
Redevelopment projects shall be designed to meet an average annual
pollutant removal equivalent to 80% of the average annual post-construction
load of total suspended solids (TSS) related to the total post-construction
impervious area on the site and 50% of the average annual load of
total phosphorus (TP) related to the total post-construction impervious
surface area on the site. Average annual pollutant removal requirements
are achieved through one of the following methods:
(a)Â
Installing BMPs that meet the pollutant removal percentages
based on calculations developed consistent with EPA Region 1's
BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation
tool provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, then any
federally or state-approved BMP design guidance or performance standards
(e.g., state stormwater handbooks and design guidance manuals) may
be used to calculate BMP performance; or
(b)Â
Retaining the volume of runoff equivalent to, or greater than,
0.8 inch multiplied by the total post-construction impervious surface
area on the redeveloped site; or
(c)Â
Meeting a combination of retention and treatment that achieves
the above standards; or
(d)Â
Utilizing off-site mitigation that meets the above standards
within the same USGS HUC12 as the redevelopment site.
C.Â
Redevelopment activities that are exclusively limited to maintenance
and improvement of existing roadways, (including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems, and repaving projects) shall
improve existing conditions unless infeasible. Roadway widening or
improvements that increase the amount of impervious area on the redevelopment
site by greater than or equal to a single lane width shall meet the
requirements of this bylaw and any other rules and regulations promulgated
in accordance hereunder.
D.Â
All soil tests shall be witnessed by a Massachusetts-approved Soil
Evaluator of the Town.
[Amended 5-8-2021 ATM by Art. 13]
An operation and maintenance plan (O&M plan) is required
at the time of application of the stormwater management plan (SMP)
for all projects. The O&M shall be designed to ensure compliance
with the permit, this bylaw, rules and regulations promulgated in
accordance hereunder, 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 O&M shall remain on file with the Conservation
Commission, attached to the stormwater management plan, and shall
be an ongoing and perpetual requirement of the owner. The owner has
the responsibility to maintain the drainage system in accordance with
the O&M and provide the Conservation Commission with documentation
and an annual certification that the requirements of the O&M are
met.
[Amended 5-8-2021 ATM by Art. 13]
Projects subject to this bylaw shall be determined by the Conservation
Director to be either exempt, require an administrative approval,
or shall require a stormwater management permit (SMP).
B.Â
Administrative approval. Land alteration under one acre shall use
best management practices (BMPs) to prevent sedimentation or erosion
during construction. Plans shall contain clear notes and detail specifications
illustrating the type of sediment or erosion control to be used, details
for installation and maintenance, and the responsible party for installation,
maintenance and removal of the sediment controls.
C.Â
Stormwater management permit (SMP):
(1)Â
Any alteration of greater than one acre of land shall require a stormwater
management permit (SMP), and an application shall be filed with the
Conservation Director. All applications shall be in writing on the
form prescribed by the Conservation Director and shall include, at
a minimum, all information listed below:
(a)Â
A written application;
(b)Â
Engineered plans;
(c)Â
Drainage calculations;
(d)Â
DEP stormwater checklist;
(e)Â
Stormwater pollution prevention plan (SWPPP); and
(f)Â
Other supporting documents, signed by the owner of the property
on which the proposed activity is to be conducted.
|
The plans, documents and calculations submitted shall be stamped
by a Massachusetts professional engineer or a certified professional
in erosion and sediment control. The application shall be reviewed
for compliance with the Massachusetts Stormwater Standards, DEP Stormwater
Handbook, as revised, the Town of Norton National Pollutant Discharge
Elimination System (NPDES) Permit (including the 2017 Massachusetts
MS4 Permit), and regulations promulgated by this bylaw. The drainage
calculations may be sent for a peer review. The applicant may be responsible
for the cost of the peer review. The Conservation Director shall issue
a stormwater management permit within 21 business days of the receipt
of the approval of the application and/or positive peer review, as
defined in the rules and regulations.
|
(2)Â
Upon receipt of a complete application for an SMP; the Conservation
Director shall distribute notice to the Department of Planning and
Economic Development, Department of Public Works, Board of Health,
Water and Sewer Department and Building Department for review and
comment. Said agencies shall, in their discretion, investigate the
case and report their recommendations. The Conservation Director shall
not issue an SMP until reports have been received from said departments,
or until 14 days have elapsed without submission of a report thereon.
(3)Â
For a project receiving an order of conditions issued by the Conservation
Commission or its enforcing agent, the Conservation Commission or
its enforcing agent shall administer and enforce the stormwater bylaw.
(4)Â
For a project receiving permits from both the Conservation Commission
and the Planning Board, the Conservation Commission or its enforcing
agent shall administer and enforce the SMP;
(5)Â
A project not within Conservation Commission jurisdiction, receiving
site plan approval or special permit from the Planning Board shall
be administered and enforced by the Planning Board;
(6)Â
The following actions may be made as a result of an application for
a stormwater management permit (SMP) and may be more specifically
defined in the regulations promulgated as a result of this bylaw:
approve, approve with conditions, or deny.
(8)Â
An SMP shall be valid for one year and may be extended upon written
request received not less than 30 days prior to its expiration. Permits
issued concurrently with an order of conditions-site plan-approval
or special permit shall be valid for the life of the respective permit.
(9)Â
Any requested changes in the final approved plan shall require a
new pre-activity review and approval of the Conservation Director,
Conservation Commission or Planning Board, whichever applies. Any
request for a change in the final approved plan shall be submitted
in writing, clearly identifying the proposed change and clearly illustrating
on a plan prepared by a registered professional engineer. The Conservation
Director, Conservation Commission or Planning Board may determine
that the change is minor, and if an amended SMP is required.
(10)Â
At the end of the project, prior to occupancy of any dwelling
or business, and upon completion of permanent site stabilization,
the applicant shall submit an as-built plan and a request for a certificate
of compliance (COC). The Conservation Director, Conservation Commission
or Planning Board consulting engineer, whichever applies, shall conduct
a site inspection prior to granting a COC and releasing any performance
bond or other security. The Conservation Director, Conservation Commission
or Planning Board, whichever applies, may issue a COC for work that
is satisfactorily completed or deny the request if work was not completed
according to the approved permit and plans.
[Amended 5-8-2021 ATM by Art. 13]
The members of the Stormwater Committee shall be authorized
to conduct an inspection of work to ensure compliance with the terms
of this bylaw and any respective permit during regular business hours.
The operator may be required to submit periodic written reports consistent
with the SWPPP. Access to the property shall be granted for the purpose
of inspections for compliance with the stormwater permit and requirements
of the bylaw.
A nonrefundable application fee schedule shall be promulgated
for review of projects under this bylaw. Payment of fees for peer
review of drainage calculations and the stormwater system may be required
under the accepted the provisions of MGL c. 44, § 53E.
[Amended 5-8-2021 ATM by Art. 13]
The operator may be required to post a cash escrow, as a condition
of a permit, in form and content approved by the Treasurer/Collector
before construction may commence. This bond shall ensure that the
site is temporarily stabilized during construction and permanently
stabilized upon the completion of construction activities.
[Amended 5-8-2021 ATM by Art. 13]
When the Town is requested to accept a road, stormwater management
system, and/or a stormwater BMP for a subdivision of three or more
housing units the Town shall have the option to refuse or accept it.
If the Town accepts the stormwater management system, the owner or
operator shall submit a one-time financial contribution toward the
maintenance of each stormwater BMP (e.g., swale, manhole, catch basin,
infiltration basin, detention basin, retention basin or underground
treatment/storage BMP) and separate contribution for every acre of
disturbed land to the Stormwater Management Revolving Fund to compensate
the Town for ongoing maintenance.
[Amended 5-8-2021 ATM by Art. 13]
The Stormwater Committee, its employees or duly appointed enforcing
agents shall administer, implement and enforce this bylaw. After public
notice and public hearing, the Stormwater Committee may adopt, and
periodically amend, rules and regulations relating to the terms, conditions,
definitions, enforcement, fees (including application, inspection,
and/or consultant fees), procedures and administration of this bylaw
by majority vote of the Stormwater Committee, after conducting a public
hearing to receive comments on any proposed revisions. Such hearing
dates shall be advertised in a newspaper of general local circulation,
at least seven days prior to the hearing date. Failure by the Stormwater
Committee to promulgate such rules and regulations or a legal declaration
of their invalidity by a court shall not act to suspend or invalidate
the effect of this bylaw. In the event of any conflict between the
bylaw and such rules and regulations, the bylaw shall prevail.
A.Â
The Stormwater Committee, its employees or duly appointed enforcing
agents shall enforce this bylaw, any rules and regulations, orders,
violation notices, and enforcement orders issued pursuant thereto,
and may pursue all civil and criminal remedies for such violations.
Enforcement shall be further defined and included as part of any stormwater
regulations promulgated under this bylaw.
[Amended 5-8-2021 ATM by Art. 13]
B.Â
In the event that any person holding a stormwater permit pursuant
to this bylaw violates the terms of the permit, the Stormwater Committee,
its employees or duly appointed enforcing agents may issue a stop-work
order, require repair or clean up, suspend activity, issue a fine
or revoke the stormwater permit.
[Amended 5-8-2021 ATM by Art. 13]
C.Â
The Stormwater Committee, its employees or duly appointed enforcing
agents may seek remedies under this bylaw or any rules and regulations
promulgated hereunder, including instituting a civil action, when
so authorized by the Board of Selectmen, to obtain an injunction,
or seeking criminal fines of up to $300 per violation per day, and/or
issuance of noncriminal citations in accordance with MGL c. 40, § 21D
and these general bylaws of $100 for the first violation, $200 for
the second violation, and $300 for the third and any subsequent violations,
with each day a violation exists constituting a separate violation.
[Amended 5-14-2018 ATM by Art. 19; 5-8-2021 ATM by Art. 13]
D.Â
If the Stormwater Committee, its employees or duly appointed enforcing
agents determines that abatement or remediation of erosion and sedimentation
is required, the Stormwater Committee, its employees or duly appointed
enforcing agents shall send a written order setting forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
Town of Norton may, at its options in law and in equity, to ensure
compliance with this bylaw, up to and including filing suit in Superior
Court.
[Amended 5-8-2021 ATM by Art. 13]
E.Â
The alleged violator shall respond to the written order for abatement
or remediation in writing within 14 calendar days to either:
[Amended 5-8-2021 ATM by Art. 13]
(1)Â
Agree to the remedy; or
(2)Â
Request a hearing before the municipal hearing officer.
(3)Â
The Stormwater Committee shall schedule a hearing not later than
seven days after receiving the request. The Stormwater Committee shall
duly notify the alleged violator of the date, time and location of
the hearing.
(4)Â
Failure to respond to a written order for abatement or remediation
within 14 calendar days will result in waiver to contest said order.
F.Â
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.
G.Â
A decision made under this bylaw may be reviewable by a court of
competent jurisdiction.
[Amended 5-8-2021 ATM by Art. 13]
The Conservation Commission, within its available resources,
may provide education programs on soil erosion and sediment control
to the general public and persons regulated by this bylaw. Workshops
and seminars are intended to provide guidelines and advice to ease
the permit application process and foster acceptance of sound erosion
and sedimentation control practices.
This bylaw shall take effect in the manner provided in MGL c.
40, § 32.
If any provision of this bylaw is held to be invalid, such invalidity
shall not affect any other provision of this bylaw.
