[HISTORY: Adopted by the Town of Lunenberg 11-28-2017 STM by Art. 20. Amendments
noted where applicable.]
[Amended 11-17-2020 STM by Art. 20]
A.Â
Purpose and intent.
(1)Â
Regulation of discharges to the municipal separate storm sewer system
(MS4) is necessary for the protection of the Town of Lunenburg's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment. Increased and contaminated stormwater
runoff associated with developed land uses and the accompanying increase
in impervious surface are major causes of impairment of water quality
and flow in lakes, ponds, streams, rivers, wetlands, and groundwater
which result in the contamination of drinking water supplies; erosion
of stream channels; alteration or destruction of aquatic and wildlife
habitat; and flooding. This bylaw establishes minimum stormwater management
standards for the final conditions that result from development and
redevelopment projects to minimize adverse impacts off-site and downstream
which would be borne by abutters, townspeople and the general public.
(2)Â
This regulation requires local review and approval of a stormwater
management plan for all development and redevelopment projects that
disturb one acre or more. In addition to these regulations, the owner
and/or developer is also obligated to meet the requirements of the
Federal Environmental Protection Agency's (EPA) regulations for stormwater
management.
B.Â
ACRE
AGRICULTURAL USE
ALTER
APPLICANT
BEST MANAGEMENT PRACTICE (BMP)
BETTER SITE DESIGN
CERTIFICATE OF COMPLETION
ENFORCEMENT ORDER
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT
NEW DEVELOPMENT
NONPOINT SOURCE POLLUTION
OWNER
PERSON
POST-DEVELOPMENT
PRE-DEVELOPMENT
RECHARGE
REDEVELOPMENT
STORMWATER AUTHORITY
STORMWATER MANAGEMENT PERMIT (SMP)
WATERS OF THE COMMONWEALTH
WETLAND RESOURCE AREAS
The following definitions shall apply in the interpretation and implementation
of this Bylaw. Additional definitions may be adopted by separate regulation:
Forty-three thousand, five-hundred and sixty square feet
(43,560 sq. ft.).
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act, M.G.L. c. 131, § 40, and its implementing regulations.
Any activity, which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alter may be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a Stormwater Management Permit
for proposed land-disturbance activity.
Structural, non-structural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs use natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural stormwater
management practices. Better site design includes conserving and protecting
natural areas and greenspace, reducing impervious cover, and using
natural features for stormwater management.
Document issued by the Town of Lunenburg Planning Board,
its employees, or authorized agents upon receipt of a final inspection
report and acknowledgement that all conditions of the Stormwater Management
Permit have been satisfactorily completed.
A written order issued by the Town of Lunenburg to enforce
the provisions of this Article.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Lunenburg,
MA.
A permit issued by the EPA or jointly with the Commonwealth
of Massachusetts that authorizes the discharge of stormwater to waters
of the Unites States.
Any construction, land alteration, or addition of impervious
surfaces on previously undeveloped sites resulting in a total disturbance
of land equal to or greater than 1 acre (or activities that are part
of a larger common plan of development disturbing greater than 1 acre)
that does not meet the definition of Redevelopment.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and human-made pollutants, finally
depositing them into water resource areas.
A person with a legal or equitable interest in property.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the Commonwealth
or political subdivision thereof to the extent subject to Town Bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Lunenburg and any other legal entity, its legal representatives,
agents, or assigns.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. Post-development refers to the phase of a new
development or redevelopment project after completion, and does not
refer to the construction phase of a project.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Lunenburg
Conservation Commission or Planning Board. Where phased development
or plan approval occurs (preliminary grading, roads and utilities,
etc.), the existing conditions at the time prior to the first plan
submission shall establish predevelopment conditions.
The replenishment of underground water reserves.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites. Any construction, land alteration,
or improvement of impervious surfaces resulting in total disturbance
of land equal to or greater than 1 acre (or activities that are part
of a larger common plan of redevelopment disturbing greater than 1
acre) that does not meet the definition of New Development.
The Town of Lunenburg Planning Board or its authorized agent(s).
The Planning Board is responsible for coordinating the review, approval
and permit process as defined in this Bylaw.
A permit issued by the Planning Board after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
deleterious effects of uncontrolled and untreated stormwater runoff.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
Areas specified in the Massachusetts Wetlands Protection Act Regulations, 310 CMR 10.00, as amended, and in the Town of Lunenburg Article XXI General Wetlands Protection Bylaw, as amended.
C.Â
The objectives of this bylaw are:
(1)Â
To require practices to control the flow of stormwater from new and
redeveloped sites to the Town's storm drainage system in order to
prevent flooding and erosion;
(2)Â
To protect groundwater and surface water from degradation;
(3)Â
To promote groundwater recharge;
(4)Â
To prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4) and to minimize discharge of pollutants from
the MS4;
(5)Â
To ensure adequate long-term operation and maintenance of structural
stormwater best management practices so that they work as designed;
(6)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges;
(7)Â
To establish Lunenburg's legal authority to ensure compliance with
the provisions of this bylaw through inspection, monitoring, and enforcement.
(8)Â
Establish regulations of land development activities that preserve
the health of water resources.
(9)Â
Require that the amount and quality of stormwater runoff from new
development is equal to or better than pre-development conditions
in order to reduce flooding, stream erosion, pollution, property damage
and harm to aquatic life.
(10)Â
Establish stormwater management standards and design criteria
to control the quality and quantity of stormwater runoff.
(11)Â
Encourage the use of low-impact development practices, such
as reducing impervious cover and preserving greenspace and other natural
areas.
D.Â
Applicability. No person may undertake a construction activity following
the effective date of this Bylaw, including clearing, grading and
excavation that results in a land disturbance that will disturb equal
to or greater than one acre of land or will disturb less than one
acre of land but part of a larger common plan of development or sale
that will ultimately disturb equal to or greater than one acre of
land without a permit from the permit granting authority. Construction
activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity or the original
purpose of the site. Construction activities that are exempt are:
(1)Â
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04;
(2)Â
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling;
(3)Â
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(4)Â
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns;
E.Â
Permits and procedures.
(1)Â
The permit granting authority (PGA) under this bylaw shall be the
Lunenburg Planning Board. Such permit shall be granted if the PGA
determines, in conjunction with the Conservation Commission, Department
of Public Works, Board of Health and Building Commissioner, that the
intent of this bylaw, as well as specific criteria, are met. The PGA
shall not grant a special permit under this section unless the petitioner's
application materials include, in the PGA's opinion, sufficiently
detailed, definite, and credible information to support positive findings
in relation to the standards given in this section. The PGA shall
document the basis for any departures from the recommendations of
the other Town boards or departments in its decision.
(2)Â
The site owner or his agent shall file with the PGA 13 copies of
a completed application package for a stormwater management permit
(SMP). Permit issuance is required prior to any site-altering activity.
While the applicant can be a representative, the permittee must be
the owner of the site. The SMP application package shall include:
(a)Â
A completed application form with original signatures of all
owners;
(b)Â
Thirteen copies of the stormwater management plan and project
description as specified in Section F of this Bylaw;
(c)Â
Thirteen copies of the erosion and sediment control plan as
required by Section G of this Bylaw;
(d)Â
Thirteen copies of the operation and maintenance plan as required
by Section H of this Bylaw.
(e)Â
Payment of the application and review fees.
(f)Â
A Certified List of Abutters within 300 feet of the property
boundaries, obtained from the Assessor's Office, along with 2 stamped
envelopes for each unique abutter contained in the list. Abutters
located in other communities and within 300 feet of the property boundaries
must also be included.
(g)Â
A PDF file or files containing all application materials and
plans emailed to the Planning Board Office.
(3)Â
Entry. Filing and application for a permit grants the PGA, or its
agent, permission to enter the site to verify the information in the
application and to inspect for compliance with the resulting permit.
(4)Â
Other boards. The PGA shall give one copy of the application package
to the designated technical reviewers, which include the Conservation
Commission, Department of Public Works, and Building Commissioner,
for the purpose of reviewing the permit application. The PGA may also
engage the services of a peer review engineer at its discretion.
(5)Â
Fee structure. The PGA shall obtain with each submission an application
fee established by the PGA. To assist the PGA in its review of plans
during the Permit approval process, the PGA, at its discretion may
hire an engineer or other qualified professional to act as a consultant
to the Board. The cost of these consultant services shall be paid
by the Applicant and the PGA will not sign any Permit decision until
all consulting fees are paid in full. Applicants must pay the following
fees before the permitting process may begin:
(6)Â
Actions. The PGA's action, rendered in writing, shall consist of
either:
(a)Â
Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in Subsection F(2) and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw;
(7)Â
Project completion. At completion of the project, the permittee shall
submit as-built record drawings of all structural stormwater controls
and treatment best management practices required for the site. The
as-built drawing shall show deviations from the approved plans, if
any, and be certified by a registered professional engineer.
F.Â
Contents of stormwater management plan.
(1)Â
Application. The stormwater management plan shall contain sufficient information for the PGA to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the stormwater management standards as set forth in Subsection F(2) below and the current edition of the Department of Environmental Protection guidelines and policies. The plan shall be designed to also meet the policy standards of the PGA. The stormwater management plan shall fully describe the project in drawings, and narrative. It shall include, at a minimum:
(a)Â
Names, addresses, and telephone numbers of the owner, applicant,
and person(s) or firm(s) preparing the plan;
(b)Â
Locus map;
(c)Â
The existing zoning, and land use at the site;
(d)Â
The proposed land use;
(e)Â
The location(s) of existing and proposed easements;
(f)Â
The location of existing and proposed utilities;
(g)Â
The site's existing and proposed topography, with contours at
one or two-foot intervals and additional spot grades as needed to
depict detailed drainage patterns;
(h)Â
The existing site hydrology (both groundwater recharge and surface
runoff);
(i)Â
A description and delineation of existing stormwater conveyances,
impoundments, wetlands drinking water resource areas, sewage disposal
systems, swimming beaches, or other critical environmental resource
areas, on or adjacent to the site or into which stormwater flows;
(j)Â
Description of subsurface conditions in areas to be used for
stormwater retention, detention, or infiltration;
(k)Â
A delineation of one-hundred-year floodplains, if applicable;
(l)Â
Estimated high groundwater elevation in areas to be used for
stormwater retention, detention, or infiltration, determined as outlined
in 310 CMR 15.103;
(m)Â
The existing and proposed vegetation and ground surfaces, with
runoff coefficient for each;
(n)Â
A drainage area map showing pre- and post-construction watershed
boundaries, drainage area and stormwater flow paths;
(o)Â
A description and drawings of all components of the proposed
drainage system, including:
[1]Â
Locations, cross sections, and profiles of all brooks, streams,
drainage swales and their method of stabilization;
[2]Â
All measures for the detention, retention, or infiltration of
water;
[3]Â
All measures for the protection of water quality;
[4]Â
The structural details for all components of the proposed drainage
systems and stormwater management facilities;
[5]Â
Notes on drawings specifying materials to be used, construction
specifications, and typicals; and
[6]Â
Analysis of existing and proposed hydrology with supporting
calculations;
[7]Â
Calculations supporting the estimate of stormwater treatment
performance; and
[8]Â
Calculations supporting the design of infiltration practices,
including design infiltration rates, estimated dewatering times, and
mounding analyses, where applicable.
(p)Â
Proposed improvements, including location of buildings or other
structures, impervious surfaces, and drainage facilities, if applicable;
(q)Â
Timing, schedules, and sequence of development, including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization;
(r)Â
A maintenance schedule for the period of construction;
(s)Â
Stormwater runoff shall be calculated using latest Northeast
Regional Climate Center (NRCC) extreme precipitation amounts for recurrence
intervals (storm events) 2-, 10-, 25-, 50- and 100-year frequencies;
(t)Â
An Erosion and Sediment Control Plan as detailed in Section
G;
(u)Â
An Operation and Maintenance Plan as detailed in Section H;
and,
(v)Â
Any other information requested by the PGA.
(2)Â
Standards. Projects shall meet the standards of the Massachusetts
Stormwater Management Policy, which are as follows:
(a)Â
No new stormwater conveyances (e.g., outfalls) may discharge
untreated stormwater directly to or cause erosion in wetlands or water
of the commonwealth;
(b)Â
Low Impact Development (LID) site planning and design strategies
must be implemented if practicable in order to reduce the discharge
of stormwater from development sites;
(c)Â
Stormwater management system design shall be consistent with
the intent and guidance provided by the latest Massachusetts Stormwater
Handbook and per industry standard methods. While design should be
completed per Massachusetts Stormwater Handbook specifications to
the fullest extent feasible, the PGA reserves the right to waive and/or
modify minor disparities between the design and the Massachusetts
Stormwater Handbook on a project-specific basis.
(d)Â
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.
[1]Â
Average annual pollutant removal requirements in E.2.(d) 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, 1.0 inch multiplied by the total post-construction impervious
surface area on the new development site; or
[c]Â
Meeting a combination of retention and treatment
that achieves the above standards; or
[d]Â
Utilizing offsite mitigation that meets the above
standards within the same USGS HUC12 as the new development site.
(e)Â
Stormwater management systems on redevelopment sites shall be
designed to meet an average annual pollutant removal equivalent to
80% of the average annual postconstruction load of TSS related to
the total post-construction impervious area on the site AND 50% of
the average annual load of TP related to the total post-construction
impervious surface area on the site.
[1]Â
Average annual pollutant removal requirements in E.2.(e) 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 inches multiplied by the total post-construction
impervious surface area on the redevelopment site; or
[c]Â
Meeting a combination of retention and treatment
that achieves the above standards; or
[d]Â
Utilizing offsite mitigation that meets the above
standards within the same USGS HUC12 as the redevelopment site.
(f)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 where feasible and are exempt from part
Section F.2.(e). 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 Section
F.2.(e).
(3)Â
Project changes. The permittee, or its agent, shall notify the PGA in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the PGA determines that the change or alteration is significant, based on the design standards listed in Subsection F(2) and accepted construction practices, the PGA may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the PGA may require the installation of interim measures before approving the change.
G.Â
Erosion and sediment control plans. An erosion and sediment control
plan is required at the time of application for all projects. The
erosion and sediment control plan shall contain sufficient information
about the nature and purpose of the proposed development, pertinent
conditions of the site and adjacent areas, proposed erosion and sedimentation
controls, and proposed control for other wastes on construction sites
such as demolition debris, litter, and sanitary wastes to ensure they
are not discharged to the MS4, drainage system, or waters of the commonwealth.
The applicant shall submit such material as is necessary to show that
the proposed development will comply with the design requirements
as follows:
(1)Â
Minimize total area of disturbance.
(2)Â
Sequence activities to minimize simultaneous areas of disturbance.
(3)Â
Minimize soil erosion and control sedimentation during construction,
provided that prevention of erosion is preferred over sedimentation
control.
(4)Â
Divert uncontaminated water around disturbed areas.
(5)Â
Maximize infiltration and groundwater recharge.
(6)Â
Install, inspect, and maintain all Erosion and Sediment Control measures
in accordance with the manufacturer's specifications and good engineering
practices.
(7)Â
Prevent off-site transport of sediment and wastes.
(8)Â
Protect all storm drain inlets and armor all newly constructed outlets.
(9)Â
Protect and manage on and off-site material storage areas (overburden
and stockpiles of dirt, borrow areas, or other areas used solely by
the permitted project are considered a part of the project).
(10)Â
Comply with applicable federal, state and local laws and regulations
including waste disposal, sanitary sewer or septic system regulations,
and air quality requirements, including dust control.
(11)Â
Institute interim and permanent stabilization measures, which
shall be instituted on a disturbed area as soon as practicable but
no more than fourteen (14) days after construction activity has temporarily
or permanently ceased on that portion of the site.
(12)Â
Properly manage on-site construction waste and materials.
(13)Â
Stabilize construction site entrances and exits and prevent
off-site vehicle tracking of sediments.
(14)Â
Ensure that any stormwater BMP (for post-construction stormwater
management) installed during construction will be protected from compaction,
siltation, and erosion or will be restored or replaced such that the
BMP will be capable of functioning as designed in accordance with
these stormwater regulations.
H.Â
Operation and maintenance plans. An operation and maintenance plan
(O&M plan) is required at the time of application for all projects.
The maintenance plan shall be designed to ensure compliance with the
permit, this bylaw and that the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00 are met in all seasons and throughout the
life of the system. The operation and maintenance plan shall remain
on file with the PGA and shall be an ongoing requirement. The O&M
plan shall include:
(1)Â
The name(s) of the owner(s) for all components of the system.
(3)Â
Maintenance schedule for all drainage structures, including swales
and ponds.
(4)Â
List of easements, with the purpose and location of each.
(5)Â
The signature(s) of the owner(s).
(6)Â
Stormwater management easement(s).
(a)Â
Stormwater management easements shall be provided by the property
owner(s) as necessary for:
[1]Â
Access for facility inspections and maintenance.
[2]Â
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
one-hundred-year storm event.
[3]Â
Direct maintenance access by heavy equipment to structures requiring
regular cleanout.
(b)Â
The purpose of each easement shall be specified in the maintenance
agreement signed by the property owner.
(c)Â
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
PGA.
(d)Â
Easements shall be recorded with the Worcester County Registry
of Deeds prior to issuance of a certificate of completion by the PGA.
(7)Â
Changes to operation and maintenance plans.
(a)Â
The owner(s) of the stormwater management system must notify
the PGA of changes in ownership or assignment of financial responsibility.
(b)Â
The maintenance schedule in the maintenance agreement may be
amended to achieve the purposes of this bylaw by mutual agreement
of the PGA and the responsible parties. Amendments must be in writing
and signed by all responsible parties. Responsible parties shall include
the owner(s), persons with financial responsibility, and persons with
operational responsibility.
(8)Â
Stormwater infrastructure shall be privately owned, inspected and
maintained per the operation and maintenance plan approved for the
project. Inspection and maintenance logs shall be provided to the
Planning Board on a yearly basis by final day in June for the Town
to use in preparation of its annual report to the EPA as part of the
NPDES permit requirements.
(9)Â
The O&M Plan shall include procedures for using dedicated funds,
establishing an escrow account, and/or developing a maintenance contract,
if determined appropriate to ensure adequate long-term maintenance.
(10)Â
Stormwater Management operation and maintenance duties shall
be recorded with the deed for each lot in a subdivision. The applicant
may elect to setup a home owner's association (HOA) or other means
to ensure all BMPs are inspected and maintained as required.
(11)Â
Long-term operators responsible for O&M Plan implementation
shall submit an annual report to the Planning Board documenting all
inspection and maintenance completed on the stormwater system.
I.Â
Surety. The PGA may require the permittee to post, before the start
of land disturbance or construction activity, a surety bond, cash,
or other acceptable security. The form of the bond shall be approved
by Town Counsel, and be in an amount deemed sufficient by the PGA
to ensure that the work will be completed in accordance with the permit.
If the project is phased, the PGA may release part of the bond as
each phase is completed in compliance with the permit, but the bond
may not be fully released until the PGA has received the final inspection
report as required by Section J and issued a certificate of completion.
J.Â
Inspections.
(1)Â
At the discretion of the PGA, periodic inspections of the stormwater
management system construction may be conducted by the Town via the
Planning Board, Conservation Commission, DPW or a professional engineer
approved by the PGA. Written reports shall include:
(2)Â
At a minimum, the PGA or its designee may inspect the project site
at the following stages:
(a)Â
Initial site inspection: prior to approval of any plan.
(b)Â
Erosion control inspection: to ensure erosion control practices
are in accord with the filed plan.
(c)Â
Bury inspection: prior to backfilling of any underground drainage
stormwater conveyance structures.
(d)Â
Final inspection. After the stormwater management system has
been constructed and before the surety has been released, the applicant
must submit a record plan detailing the actual stormwater management
system as installed. The PGA or its agent may inspect the system to
confirm its "as-built" features. This inspector may also evaluate
the effectiveness of the system in an actual storm. If the inspector
finds the system to be adequate he shall so report to the PGA, which
will issue a certificate of completion. As-built plans shall be full-size
plans that include all final grades, prepared by a professional engineer.
All changes to project design should be clearly depicted on the as-built
plans.
(e)Â
If the system is found to be inadequate by virtue of physical
evidence of operational failure, even though it was built as called
for in the stormwater management plan, it shall be corrected by the
permittee before the performance guarantee is released. If the permittee
fails to act, the Town of Lunenburg may use the surety bond to complete
the work. If the system does not comply with the plan, the permittee
shall be notified in writing of the violation and the required corrective
actions. A stop-work order shall be issued until any violations are
corrected and all work previously completed has received approval
by the PGA.
K.Â
Waivers.
(1)Â
The PGA may waive strict compliance with any requirement of this
bylaw or the rules and regulations promulgated hereunder, where such
action:
(2)Â
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the bylaws does not further the purposes or objectives of this
bylaw.
(3)Â
All waiver requests shall be discussed and voted on at the public
hearing for the project.
(4)Â
If, in the PGA's opinion, additional time or information is required
for review of a waiver request, the PGA may continue the hearing to
a date certain announced at the meeting. In the event the applicant
objects to a continuance, or fails to provide requested information,
the waiver request shall be denied.
L.Â
Certificate of completion. The PGA will issue a letter certifying
completion upon receipt and approval of the final inspection reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this bylaw.
M.Â
Building Permits. The Building Commissioner shall not issue a Building
Permit without first confirming that and Stormwater Permit has been
obtained or is otherwise not required for the project.
N.Â
Enforcement.
(1)Â
Enforcement agents. The Building Commissioner, in conjunction with
the Planning Board, Conservation Commission and DPW Director, shall
enforce this bylaw, regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations.
O.Â
Civil relief. If a person violates the provisions of this bylaw,
regulations, a permit, notice, or order issued thereunder, the Planning
Board, through the Building Commissioner, 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
perform abatement or remediation of the violation.
P.Â
Orders.
(1)Â
The Planning Board, in conjunction with the Conservation Commission
and DPW Director, may issue a written order to the Building Commissioner
to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(2)Â
If the Building Commissioner, in conjunction with the Planning Board,
Conservation Commission and DPW Director, determines that abatement
or remediation of contamination is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(3)Â
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner will be notified of the cost incurred by the Town, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Planning
Board within 30 days of receipt of the notification of the cost incurred.
If the amount due is not received by the expiration of the time in
which to file a protest or within 30 days following a decision of
the Planning Board affirming or reducing the costs, or from a final
decision of a court of competent jurisdiction, the costs shall become
a special assessment against the property owner and shall constitute
a lien on the owner's property for the amount of said costs. Interest
shall begin to accrue on any unpaid costs at the statutory rate provided
in MGL c. 59, § 57 after the 31st day at which the costs
first become due.
Q.Â
Noncriminal disposition; right of entry.
(1)Â
As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Building Commissioner, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article 1, of the General Bylaws of the Town, in which case the Planning Board, its authorized agents and the Building Commissioner of the Town shall be the enforcing person. The penalty for the first violation shall be $25. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100 and $200 for the fourth and each subsequent violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
(2)Â
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 Planning Board, its agents, and employees may
enter upon privately owned property for the purpose of performing
their duties under this bylaw and regulations and may make or cause
to be made such examination surveys or sampling as the Planning Board
deems reasonably necessary.
R.Â
Appeals. The decisions or orders of the Planning Board, in conjunction
with the Conservation Commission and DPW, shall be final. Further
relief shall be to a court of competent jurisdiction.
S.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.
T.Â
Severability. The invalidity of any section, provision, paragraph,
sentence, or clause of these regulations shall not invalidate any
section, provision, paragraph, sentence, or clause thereof, nor shall
it invalidate any permit or determination that previously has been
issued.
A.Â
Purpose.
(1)Â
Increased and contaminated stormwater runoff is a major cause of
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; flooding.
(2)Â
Regulation of illicit connections and discharges to the municipal
storm sewer system is necessary for the protection of the Town's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment.
(3)Â
The objectives of this bylaw are:
(a)Â
To prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4);
(b)Â
To prohibit illicit connections and unauthorized discharges
to the MS4;
(c)Â
To require the removal of all such illicit connections;
(d)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(e)Â
To establish the legal authority to ensure compliance with the
provisions of this bylaw through inspection, monitoring, and enforcement.
B.Â
AUTHORIZED ENFORCEMENT AGENCY
BEST MANAGEMENT PRACTICE (BMP)
CLEAN WATER ACT
DISCHARGE OF POLLUTANTS
GROUNDWATER
ILLICIT CONNECTION
ILLICIT DISCHARGE
IMPERVIOUS SURFACE
MUNICIPAL SEPARATE STORM DRAIN SYSTEM (MS4) or MUNICIPAL STORM
SEWER SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT
NON-STORMWATER DISCHARGE
PERSON
POLLUTANT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
PROCESS WASTEWATER
RECHARGE
STORMWATER
SURFACE WATER DISCHARGE PERMIT
TOXIC OR HAZARDOUS MATERIAL OR WASTE
WASTEWATER
WATERCOURSE
WATERS OF THE COMMONWEALTH
Definitions. For the purposes of this bylaw, the following shall
mean:
The Planning Board (hereafter the "Board"), its employees
or agents designated to administer/enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm sewer system or into the waters
of the United States or commonwealth from any source.
Water beneath the surface of the ground.
A surface or subsurface sewer or conveyance, which allows
an illicit discharge into the municipal storm sewer system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this bylaw.
Direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in Subsection H. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to Subsection H of this bylaw.
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.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Lunenburg.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm sewer system not composed
entirely of stormwater.
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.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants may include but are not limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues;
Noxious or offensive matter of any kind.
Water which during manufacturing or processing comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, and groundwater.
C.Â
Applicability. This bylaw shall apply to flows entering the municipally
owned storm sewerage system and waters of the commonwealth.
D.Â
Authority. This bylaw is adopted pursuant to the regulations of the
Federal Clean Water Act found at 40 CFR 122.34 and the Phase II ruling
from the Environmental Protection Agency found in the December 8,
1999 Federal Register.
E.Â
Responsibility for administration. The Planning Board, in conjunction
with the Conservation Commission, Department of Public Works Director
and Building Commissioner, shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the above
may be delegated in writing by the above to employees or agents of
the above.
F.Â
Regulations. The Planning Board may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Planning
Board to promulgate such rules and regulations shall not have the
effect of suspending or invalidating this bylaw.
G.Â
Prohibited activities.
(1)Â
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the waters of the commonwealth.
(2)Â
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm sewer system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
(3)Â
Obstruction of municipal storm sewer system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm sewer system without prior written approval from the
Planning Board.
H.Â
Exemptions:
(1)Â
Discharge or flow resulting from fire-fighting activities.
(2)Â
The following non-stormwater discharges or flows are exempt from
the prohibition of non-stormwaters, provided that the source is not
a significant contributor of a pollutant to the municipal storm sewer
system:
(a)Â
Water line flushing;
(b)Â
Flow from potable water sources;
(c)Â
Springs;
(d)Â
Natural flow from riparian habitats and wetlands;
(e)Â
Diverted stream flow;
(f)Â
Rising groundwater;
(g)Â
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater;
(h)Â
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(i)Â
Discharge from landscape irrigation or lawn watering;
(j)Â
Water from individual residential car washing;
(k)Â
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided the water is allowed to stand for one
week prior to draining and the pool is drained in such a way as not
to cause a nuisance;
(l)Â
Discharge from street sweeping;
(m)Â
Dye testing, provided verbal notification is given to the Planning
Board prior to the time of the test;
(n)Â
Non-stormwater discharge permitted under an NPDES permit or
a surface water discharge permit, waiver, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency or the Department of Environmental Protection, provided
that the discharge is in full compliance with the requirements of
the permit, waiver, or order and applicable laws and regulations;
(o)Â
Discharge for which advanced written approval is received from
the Planning Board as necessary to protect public health, safety,
welfare or the environment.
(3)Â
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government, or by the Town of Lunenburg Town Manager, the
Planning Board or the Board of Health.
I.Â
Emergency suspension of storm sewerage system access. The Planning
Board may suspend municipal storm sewer system access to any person
or property without prior written notice when such suspension is necessary
to stop an actual or threatened discharge of pollutants that presents
imminent risk of harm to the public health, safety, welfare or the
environment. In the event any person fails to comply with an emergency
suspension order, the authorized enforcement agency may take all reasonable
steps to prevent or minimize harm to the public health, safety, welfare
or the environment.
J.Â
Notification of spills. Notwithstanding other requirements of local,
state or federal law, as soon as a person responsible for a facility
or operation, or responsible for emergency response for a facility
or operation has information of or suspects a release of materials
at that facility or operation resulting in or which may result in
discharge of pollutants to the municipal drainage system or waters
of the commonwealth, the person shall take all necessary steps to
ensure containment and cleanup of the release. In the event of a release
of oil or hazardous materials, the person shall immediately notify
the municipal fire and police departments and the Planning Board and
the Lunenburg Board of Health. In the event of a release of nonhazardous
material, the reporting person shall notify the Planning Board no
later than the next business day. The reporting person shall provide
to the Planning Board written confirmation of all telephone, facsimile
or in-person notifications within three business days thereafter.
If the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or operator of the facility shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
K.Â
Enforcement.
(1)Â
The Building Commissioner, in conjunction with the Planning Board,
Conservation Commission and DPW Director, shall enforce this bylaw,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
(2)Â
Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Planning
Board, through the Building Commissioner, 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
perform abatement or remediation of the violation.
(3)Â
Orders.
(a)Â
The Planning Board, in conjunction with the Conservation Commission
and DPW Director, may issue a written order to the Building Commissioner
to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(b)Â
If the Building Commissioner, in conjunction with Planning Board,
Conservation Commission and DPW Director, determines that abatement
or remediation of contamination is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(4)Â
Costs. Within 30 days after completing all measures necessary to
abate the violation or to perform remediation, the violator and the
property owner will be notified of the costs incurred by the Town,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Planning Board within 30 days of receipt of the notification of
the costs incurred. If the amount due is not received by the expiration
of the time in which to file a protest or within 30 days following
a decision of the Planning Board affirming or reducing the costs,
or from a final decision of a court of competent jurisdiction, the
costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57 after
the 31st day at which the costs first become due.
(5)Â
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Planning Board may elect, through the Building
Commissioner, to utilize the noncriminal disposition procedure set
forth in MGL c. 40, § 21D, in which case the Building Commissioner
of the Town shall be the enforcing person. The penalty for the first
violation shall be $25. The penalty for the second violation shall
be $50. The penalty for the third violation shall be $100. The penalty
for the fourth violation and subsequent violations shall be $200.
Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
(6)Â
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 Planning Board, its agents, and employees may
enter upon privately owned property for the purpose of performing
their duties under this bylaw and regulations and may make or cause
to be made such examinations, surveys or sampling as the Planning
Board deems reasonably necessary.
(7)Â
Appeals. The decisions or orders of the Planning Board, Conservation
Commission and DPW shall be final. Further relief shall be to a court
of competent jurisdiction.
(8)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.
L.Â
Severability. The provisions of this bylaw are hereby declared to
be severable. If any provision, paragraph, sentence, or clause of
this bylaw or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this bylaw.
M.Â
Transitional provisions. Residential property owners shall have 180
days from the effective date of the bylaw to comply with its provisions
or petition the Planning Board for an extension, provided good cause
is shown for the failure to comply with the bylaw during the specified
period. All other property owners shall have 180 days from the effective
date of the bylaw to comply with its provisions or petition the Planning
Board for an extension, provided good cause is shown for the failure
to comply with the bylaw during the specified period.