A.
The purpose of this bylaw is to protect the health, safety, general
welfare, and environment by regulating illicit connections and discharges
to the storm drain system or, directly or indirectly, to a watercourse
or into the waters of the commonwealth, as well as to control the
adverse effects of construction site stormwater runoff and post-construction
runoff. Stormwater runoff is potentially a major cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands, groundwater and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream coastal areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Overloading or clogging of municipal stormwater management systems;
and
(6)
Flooding.
B.
The objectives of this bylaw are:
(1)
Protect water resources;
(2)
Comply with state and federal statutes and regulations relating to
stormwater discharges including total maximum daily load requirements;
(3)
To prevent pollutants from entering the Town's municipal separate
storm system (MS4) and reduce or eliminate pollutants entering the
Towns MS4 from existing uses;
(4)
To prohibit illicit connections and unauthorized discharges to the
MS4 and require their removal;
(5)
To establish minimum construction and post construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality;
(6)
To establish provisions for the long-term responsibility for, and
maintenance of, structural stormwater control facilities and nonstructural
stormwater management practices to ensure that they continue to function
as designed, are maintained, and pose no threat to public safety;
and
(7)
To establish the Town of Rockland's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring,
and enforcement.
Unless a different definition is indicated in other sections
of this bylaw, the following definitions and provisions shall apply
throughout this bylaw:
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.[1]
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge, change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the commonwealth or the federal government to the extent permitted
by law requesting a soil erosion and sediment control permit for proposed
land disturbance activity.
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.
Any activity that removes the vegetative surface cover.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
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 disturbance activities.
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
A local and temporary inundation or rise in the surface of
a body of water, such that it covers land not usually under water.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain 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 drain system or into a watercourse or the waters of the commonwealth that is not composed entirely of stormwater, except as exempted in § 338-9. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 338-9 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.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing and
grading; or results in an alteration of drainage characteristics.
The maximum concentration or mass of a pollutant which can
be discharged to a waterway nonpoint sources without causing a violation
of surface water quality standards as established in an applicable
TMDL.
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
The stormwater standards as further defined by the Massachusetts
Stormwater Handbook both issued by the Department of Environmental
Protection, and as amended, that coordinate the requirements prescribed
by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and Massachusetts
Clean Waters Act, MGL c. 21, § 23-56. The standards address
stormwater impacts through implementation of performance standards
to reduce or prevent pollutants from reaching water bodies and control
the quantity of runoff from a site.
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 Rockland.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of the commonwealth.
Waters designated by the Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociologic, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
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.
As specified in the Rockland Town Charter c. C-2.12.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
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 shall include, without limitation:
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, ordnance, 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; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
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.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface, including impervious surfaces,
on previously developed sites. The creation of new areas of impervious
surface or new areas of land disturbance on a site constitutes development,
not redevelopment, even where such activities are part of a common
plan which also involves redevelopment. Redevelopment includes maintenance
and improvement of existing roadways including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems and repaving; and remedial projects
specifically designed to provide improved stormwater management such
as projects to separate storm drains and sanitary sewers and stormwater
retrofit projects.
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.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
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.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
A plan required as part of the application for a stormwater
management permit.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
A plan required under the Clean Water Act for a pollutant
which causes or contributes to a violation of state surface water
quality standards in a specific geographic area, and which establishes
the maximum amount of that pollutant (referred to as the load allocation
and waste load allocation) which may be discharged to the affected
waters of the commonwealth by one or more categories of users without
violating state surface water quality standards.
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.
Total Suspended Solids.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
The maximum concentration or mass of a pollutant which can
be discharged to a waterway from point sources without causing a violation
of surface water quality standards as established in an applicable
TMDL.
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, by-product
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, coastal waters, and groundwater.
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and in the Town of Rockland Wetlands
Protection Bylaw.[2]
Tidal and nontidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, including freshwater
marshes around ponds and channels (rivers and streams), brackish and
salt marshes; common names include "marshes," "swamps" and "bogs."
As specified by § 415-2 of the Rockland Town Bylaws.
The Planning Board shall administer, implement and enforce this
bylaw. Any powers granted to or duties imposed upon the Planning Board
may be delegated, in writing, by the Planning Board to its employees
or agents.
A.
Following a public hearing on a waiver request, the Planning Board
may waive strict compliance with any requirement of this bylaw or
the rules and regulations promulgated hereunder, where:
B.
Any applicant must 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 bylaw does not further the purposes or objectives of this bylaw.
C.
All waiver requests shall be discussed and voted on at the public
hearing for the project.
D.
If, in the Planning Board's opinion, additional time or information
is required for review of a waiver request, the Planning Board may
continue a hearing to a certain date 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.
A.
The Planning Board may adopt, and periodically amend, regulations,
rules and/or written guidance relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
Bylaw by majority vote after conducting a public hearing to receive
comments. Such hearing shall be advertised in a newspaper of general
local circulation, at least 14 days prior to the hearing date. Failure
of the Planning Board to issue such rules or regulations, or a legal
declaration of their invalidity by a court, shall not act to suspend
or invalidate the effect of this bylaw.
B.
Such regulations, rules or guidance may include without limitation, provisions for the establishment of one or more categories of administrative review approvals for specific types or sizes of projects. Administrative review applications that meet all the standard requirements may be issued by one or more agents designated, in writing, by the Planning Board, without the requirement for a public hearing as detailed in Article III of this bylaw. Administrative review approval shall comply with all other provisions of this bylaw.
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.
