Town of Swansea, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Swansea as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-15-2017 ATM by Art. 37 (Ch. 12, § 12-14, of the 1988 Revised General Bylaws)]
A. 
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; and flooding.
B. 
Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the Town of Swansea's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.
C. 
The objectives of this bylaw are:
(1) 
To prevent pollutants from entering the Town of Swansea's municipal storm water system;
(2) 
To prohibit illicit connections and unauthorized discharges to the municipal storm water system;
(3) 
To require the removal of all such illicit connections;
(4) 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
(5) 
To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
The following definitions shall apply in the interpretation and enforcement of this bylaw. Terms not defined herein shall be construed according to their customary and usual meaning.
AUTHORIZED ENFORCEMENT AGENCY
Shall mean the Board of Health, its employees or agents designated to enforce this bylaw.
CLEAN WATER ACT
Shall mean the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
DISCHARGE OF POLLUTANTS
Shall mean 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.
FACILITY or OPERATION
Shall mean any business, establishment, or performance of work that uses, generates, or handles material that is considered a Pollutant.
GROUNDWATER
Shall mean water below the land surface in a saturated zone, including perched groundwater.
ILLICIT CONNECTION
Shall mean 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.
ILLICIT DISCHARGE
Shall mean a direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 227-8.
(MS4) or MUNICIPAL STORM DRAIN SYSTEM
Shall mean a conveyance or system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, municipal street, catch basins, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, ditch, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Swansea.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
Shall mean 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.
NON-STORMWATER DISCHARGE
Shall mean a discharge to the municipal storm drain system not composed entirely of stormwater.
NONPOINT SOURCE
Shall mean any source from which pollution is discharged which is not identified as a point source, including, but not limited to urban, agricultural, or silvicultural runoff.
PERSON
Shall mean 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.
POINT SOURCE
Means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete, fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
POLLUTANT
Shall mean 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:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Non-hazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes;
G. 
Sewage, fecal coliform and pathogens;
H. 
Dissolved and particulate metals;
I. 
Animal wastes;
J. 
Rock, sand, salt, soils with the exception of winter salting and sanding in quantities that will not clog or otherwise impair the performance of stormwater conveyances;
K. 
Construction wastes and residues; and
L. 
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Shall mean 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.
RECHARGE
Shall mean the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
RIPARIAN HABITAT
Shall mean the aquatic and terrestrial environment where a plant or animal naturally or normally lives and grows adjacent to streams, lakes, or other waterways.
STORMWATER
Shall mean storm water runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER BEST MANAGEMENT PRACTICE
Shall mean a structural or nonstructural technique for managing stormwater to prevent or reduce non-point source pollutants from entering surface waters or ground waters. A structural stormwater best management practice includes a basin, discharge outlet, swale, rain garden, biofilter or other stormwater treatment practice or measure either alone or in combination including without limitation any discharge pipe, overflow pipe, conduit, weir control structure that: (a) is not naturally occurring; (b) is not designed as a wetland replication area; and (c) has been designed, constructed, and installed for the purpose of conveying, collecting, storing, discharging, recharging or treating stormwater. Nonstructural stormwater best management practices include source control and pollution prevention measures.
SURFACE WATER DISCHARGE PERMIT
Shall mean a permit issued by the Department of Environmental Protection pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Shall mean 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 Massachusetts General Laws chapters 21C and 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WASTEWATER
Shall mean 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.
WATERCOURSE
Shall mean a natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
Shall mean all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, wetlands, and groundwater.
A. 
This bylaw shall apply to flows entering the municipal storm drainage system.
B. 
This bylaw is not intended to interfere with, abrogate, or annul any other bylaw, rule or regulation, statute, or other provision of law. The requirements of this bylaw should be considered minimum requirements, and where any provision of this bylaw imposes restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.
This bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
The Swansea Board of Health shall administer, implement and enforce this Bylaw. Any powers granted to or duties imposed upon the Swansea Board of Health may be delegated in writing by the Swansea Board of Health to its employees or agents.
The Swansea Board of Health 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 Illicit Discharge Bylaw by majority vote of the Swansea Board of Health, 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. After public notice and public hearing, the Swansea Board of Health may promulgate rules and regulations.
A. 
Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, into a watercourse, or into the waters of the Commonwealth.
B. 
Illicit Connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
C. 
Obstruction of Municipal Storm Drain System. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the Board of Selectmen.
A. 
Discharge or flow resulting from fire fighting activities.
B. 
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 drain system:
C. 
Waterline flushing;
D. 
Flow from potable water sources;
E. 
Springs;
F. 
Natural flow from riparian habitats and wetlands;
G. 
Diverted stream flow;
H. 
Rising groundwater;
I. 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
J. 
Uncontaminated groundwater from basement sump pumps which connection has been approved by the Swansea Highway Department;
K. 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation;
L. 
Discharge from landscape irrigation or lawn watering;
M. 
Water from individual residential vehicle washing;
N. 
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;
O. 
Discharge from street sweeping;
P. 
Dye testing, provided verbal notification is given to the Board of Health and Town Highway Engineer prior to the time of the test;
Q. 
Non-stormwater discharge permitted under an National Pollutant Discharge Elimination System 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; and
R. 
Discharge for which advanced written approval is received from the Swansea Highway Department as necessary to protect public health, safety, welfare or the environment
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into municipal storm drain system or watercourses through the use of these structural and non-structural Best Management Practices.
The Board of Health may suspend municipal storm drain 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 Board of Health may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
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 Board of Health and the Highway Department. In the event of a release of non-hazardous material, the reporting person shall notify the Authorized Enforcement Agency no later than the next business day. The reporting person shall provide to the Authorized Enforcement Agency 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.
A. 
The Board of Health or an authorized agent of the Board of Health shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Civil Relief. If a person violates the provisions of this bylaw, regulations, permit, notice, or order issued thereunder, the Board of Health 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.
C. 
Orders. The Board of Health or an authorized agent of the Board of Health may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include:
(1) 
Elimination of illicit connections or discharges to the municipal separate storm sewer system;
(2) 
Performance of monitoring, analyses, and reporting;
(3) 
That unlawful discharges, practices, or operations shall cease and desist; and
(4) 
Remediation of contamination in connection therewith.
D. 
If the enforcing person 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 fail to abate or perform remediation within the specified deadline, the Town of Swansea may, at its option, undertake such work, and expenses thereof shall be charged to the violator.
E. 
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 of Swansea, including administrative costs. The violator may file a written protest objecting to the amount or basis of costs with the Board of Health within 30 days of receipt of the 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 Board of Health 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 violator and shall constitute a lien on the violator'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.
F. 
Criminal Penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than $100, excluding the cost of damages. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
G. 
Noncriminal Disposition. As an alternative to criminal prosecution or civil action, the Town of Swansea may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and the Town of Swansea General Bylaws Noncriminal Disposition of Bylaw Violations/Adopted June 29, 2009 - Art. #2/Amended: May 17, 2010 - Art. #26 in which case the Board of Health or its authorized agent shall be the enforcing person.[1] The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[1]
Editor's Note: See Ch. 48, Penalties and Enforcement.
H. 
Entry to Perform Duties Under this Bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Board of Health, its agents, officers, 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 Board of Health deems reasonably necessary.
I. 
Appeals. The decisions or orders of the Board of Health shall be final. Further relief shall be to a court of competent jurisdiction.
J. 
Remedies Not Exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.
The 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.
Residential property owners shall have 180 days from the effective date of the bylaw to comply with its provisions provided good cause is shown for the failure to comply with the bylaw during that period.
[Adopted 5-15-2017 ATM by Art. 38 (Ch. 12, § 12-15, of the 1988 Revised General Bylaws)]
A. 
Increased and contaminated stormwater runoff associated with developed land uses and the impacts of soil erosion and sedimentation are known to cause:
(1) 
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater;
(2) 
Contamination of drinking water supplies;
(3) 
Erosion of stream channels;
(4) 
Alteration and destruction of aquatic and wildlife habitat;
(5) 
Flooding; and
(6) 
Overloading or clogging of municipal storm drain systems.
B. 
The objectives of this bylaw are to require practices to control the flow of stormwater from new and redeveloped sites into the Swansea stormwater system in order to:
(1) 
Prevent pollutants from entering and discharging from the Swansea municipal stormwater system;
(2) 
Control the volume and rate of stormwater runoff resulting from land disturbance activities;
(3) 
Ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process;
(4) 
Prevent flooding;
(5) 
Promote infiltration and recharge of groundwater;
(6) 
Encourage the use of low impact development techniques such as reducing impervious cover and the preservation of greenspace and other natural areas, to the maximum extent practicable and allowable under Swansea's Subdivision Rules and Regulations;[1]
[1]
Editor's Note: See Ch. 310, Subdivision of Land.
(7) 
Protect groundwater and surface water from degradation;
(8) 
Control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at a construction site;
(9) 
Ensure adequate operation and maintenance of structural stormwater best management practices so they work as designed, both long-term and during construction;
(10) 
Comply with state and federal statutes and regulations relating to stormwater discharges; and
(11) 
Establish Swansea's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
A. 
The following definitions shall apply in the interpretation and enforcement of this bylaw:
ALTER
Shall mean any activity, which will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage. Alter may be similarly represented as "alteration of drainage characteristics," and "conducting land disturbance activities."
APPROVAL NOT REQUIRED (ANR)
Shall mean a plan of land that does not require approval under the Subdivision Control Law of Massachusetts (MGL c. 41, §§ 81K through 81GG).
COMMON PLAN OF DEVELOPMENT
Shall mean any announcement or piece of documentation (including a contract, public notice or hearing, advertisement, drawing, plan, or permit application, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor marking, etc.) indicating imminent or future plans to disturb earth regardless of how many phases or how long it will take to complete. Under this bylaw, a facility is no longer considered a common plan if the following criteria are met:
(1) 
The original plan, including modifications, was substantially completed with less than one acre of the original common plan remaining (i.e., <1 acre of the common plan was not built out at the time); and
(2) 
There was a clearly identifiable period of time (two years or more) where there was no ongoing construction, including meeting the criteria for final stabilization.
LAND DISTURBANCE
Shall mean any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material. See also ALTER.
LOW IMPACT DEVELOPMENT TECHNIQUES
Shall mean stormwater management practices that are modeled after natural hydrologic features. Low impact development techniques manage rainfall at the source using uniformly distributed decentralized micro-scale controls. Low impact development techniques use small cost-effective landscape features located at the lot level.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
Shall mean the requirements described in the Massachusetts Stormwater Handbook, as they may be amended from time to time, that address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by establishing standards that require the implementation of a wide variety of stormwater management strategies. These strategies include environmentally sensitive site design and LID techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural Best Management Practices, construction period erosion and sedimentation control, and the long-term operation and maintenance of stormwater management systems. The Stormwater Management Standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL STORM SEWER SYSTEM
Shall mean a conveyance or system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, municipal street, catch basins, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, ditch, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Swansea.
NONPOINT SOURCE
Shall mean any source from which pollution is discharged which is not identified as a point source, including, but not limited to urban, agricultural, or silvicultural runoff.
OWNER
Shall mean a person with a legal or equitable interest in a property.
POINT SOURCE
Means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete, fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
REDEVELOPMENT
Shall mean the development, replacement, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Standards for Redevelopment only apply to those portions of the parcel that currently contain alteration by human activities. Redevelopment is further defined by Massachusetts Stormwater Management Standard 7.
STORMWATER AUTHORITY
Shall mean the Town of Swansea Planning Board. The Planning Board is responsible for coordinating the review, approval and permit process as defined in this bylaw. Other boards and/or departments participate in the review process as defined in § 227-18 of this bylaw.
STORMWATER BEST MANAGEMENT PRACTICE (BMP)
Shall mean a structural or nonstructural technique for managing stormwater to prevent or reduce nonpoint source pollutants from entering surface waters or ground waters. A structural stormwater best management practice includes a basin, discharge outlet, swale, rain garden, biofilter or other stormwater treatment practice or measure either alone or in combination including without limitation any discharge pipe, overflow pipe, conduit, weir control structure that: (a) is not naturally occurring; (b) is not designed as a wetland replication area; and (c) has been designed, constructed, and installed for the purpose of conveying, collecting, storing, discharging, recharging or treating stormwater. Nonstructural stormwater best management practices include source control and pollution prevention measures.
STORMWATER MANAGEMENT
Shall mean the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER MANAGEMENT PERMIT
Shall mean 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.
B. 
Additional terms that apply to issuance of a Stormwater Management Permit established by this bylaw shall be defined and included as part of the regulations promulgated and, from time to time, amended under § 227-19B of this bylaw, a copy of which is available at the Planning Board and the office of the Town Clerk. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning.
A. 
The Stormwater Management bylaw is hereby established in the Town of Swansea, Massachusetts. This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the rules and regulations of the federal Clean Water Act found at 40 CFR 122.34.
B. 
This bylaw shall take effect upon its approval by the Attorney General and publications as provided by MGL c. 40, § 32, provided however, that any continuous legally permitted activities in operation on that day may continue.
A. 
This bylaw shall be applicable to the following activities:
(1) 
Any Subdivision as defined in the Massachusetts Subdivision Control Law (MGL c. 41, §§ 81K - 81GG) requiring a Definitive Plan;
(2) 
Any activities that result in a land disturbance of one acre or greater within the Town of Swansea. Land disturbance shall mean any action that causes vegetation clearing (including tree cutting); or a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material;
(3) 
Any activities that result in a land disturbance less than one acre if the project is part of a larger common plan of development which will disturb one acre or more within the Town of Swansea. Plans that do not require approval under the Subdivision Control Law, hereafter referred to as "Approval Not Required or ANR lots", and meet one or more of the applicability criteria described herein are subject to the provisions of this bylaw and shall obtain a Stormwater Management Permit.
B. 
Exemptions: No person who meets the applicability of this bylaw shall alter land within the Town of Swansea without having obtained a Stormwater Management Permit (SMP) with the following exceptions:
(1) 
Ground disturbances in the course of customary cemetery use and regular maintenance.
(2) 
Maintenance of landscaping, gardens or lawn areas.
(3) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act 310 CMR 10.04 and MGL c. 40A, § 3.
(4) 
Any work or projects for which the required permit applications have been submitted to the Planning Board, Zoning Board of Appeals, and Conservation Commission before the effective date of this bylaw. For proposed Subdivisions, a Definitive Plan must have been submitted to be considered exempt from this bylaw.
(5) 
Emergency repairs to any stormwater management facility or practice, such that the original design location, size, and technology remain the same, that poses a threat to public health or safety, or as deemed necessary by the Planning Board or its authorized agent.
(6) 
Municipal roadway maintenance when conducted in accordance with an approved Stormwater Pollution Prevention Plan, prepared in accordance with the Stormwater Management regulations promulgated under § 227-19B of this bylaw, on file with the Planning Board.
C. 
Coordination with Other Town Permits.
(1) 
No Town Earth Removal Permit, Order of Conditions from the Conservation Commission, Building Permit, Subdivision approval, Special Permit, variance or finding shall constitute compliance with this bylaw. For a project or activity that meets the Scope and Applicability of this bylaw, no work may commence until the site owner or his agent submits a complete Stormwater Management Permit application, the Planning Board issues a Stormwater Management Permit, and the site owner and responsible parties sign and certify that all land clearing, construction, and development will be done pursuant to the approved Plans and Permit.
(2) 
This bylaw is not intended to interfere with, abrogate, or annul any other bylaw, rule or regulation, statute, or other provision of law. The requirements of this bylaw should be considered minimum requirements, and where any provision of this bylaw imposes restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.
(3) 
In case of conflicting requirements, applicable state statutes and regulations shall be considered the more restrictive or more protective of human health and the environment, and shall take precedence over the Swansea Stormwater Management bylaw and the regulations promulgated thereunder. These state statutes and regulations include, but are not limited to, the following documents: the Massachusetts Wetlands Protection Act, the Massachusetts Rivers Act, the Massachusetts Watershed Protection Act, and the Massachusetts Stormwater Management Standards, as amended.
A. 
Stormwater Authority. The Planning Board is hereby designated as the Stormwater Authority. The Planning Board, or its agent, shall administer, implement and enforce this bylaw. The Planning Board may appoint the Conservation Agent, Town Engineer, or qualified professional to act as its authorized agent for site inspections and to advise the Planning Board.
B. 
Stormwater Regulations. The Planning Board may adopt, and periodically amend, rules and regulations relating to the terms, conditions, definitions, enforcement, fees (including application, clerical, inspection, and/or consultant fees), procedures and administration of this Stormwater Management bylaw 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 14 days prior to the hearing date. After public notice and public hearing, the Planning Board may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure of the Planning Board 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.
C. 
Stormwater Management Manual. The Planning Board will utilize the Massachusetts Stormwater Management Handbook, as amended from time to time, for criteria and information including specifications and standards for the execution of the provisions of this bylaw. These include a list of acceptable stormwater treatment practices, with specific design criteria for each. Unless specifically altered in this Stormwater Management bylaw and regulations, stormwater management practices that are designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Standards and design and sizing criteria in the Stormwater Management Handbook shall be presumed by the Planning Board to be protective of Massachusetts water quality standards.
D. 
Actions by the Planning Board. The Planning Board may take any of the following actions as a result of an application for a Stormwater Management Permit as more specifically defined as part of the regulations promulgated as part of this bylaw: Approval, Approval with Conditions, Disapproval, or Disapproval without Prejudice.
E. 
Appeals of Action by the Planning Board. The decisions or orders of the Planning Board shall be final. Further relief shall be to a court of competent jurisdiction.
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule, and public hearing process, shall be defined and included as part of the regulations promulgated under § 227-19B of this bylaw.
Criteria for erosion and sediment control and post-construction stormwater management, including stormwater performance standards, shall be defined and included as part of the regulations promulgated under § 227-19B of this bylaw.
A. 
The Planning Board may, in its discretion and after due consideration, decide to waive and exempt strict compliance with any requirement of the Town of Swansea Stormwater Management bylaw or the regulations promulgated hereunder, where it makes a written finding that such action is:
(1) 
Allowed by federal, state and local statutes and/or regulations; and
(2) 
In the public interest; and
(3) 
Consistent with the purpose and intent of the Town of Swansea Stormwater Management bylaw and its regulations.
B. 
Criteria for granting a waiver shall be defined and included as part of the regulations promulgated under § 227-19B of this bylaw.
The Planning Board or its authorized agent shall enforce this bylaw and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all criminal and civil remedies, including injunctive relief and monetary damages and costs of litigation and attorney fees, for such violations and for abatement and mitigation and compliance actions taken by the Planning Board. As an alternative to criminal prosecution or civil action, the Planning Board may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and the Town of Swansea General Bylaws Noncriminal Disposition of Bylaw Violations/Adopted June 29, 2009 - Art. #2/Amended: May 17, 2010 - Art. #26[1] in which case the Planning Board shall be the enforcing person. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning Board's agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys or sampling as the Planning Board deems reasonably necessary to determine compliance with a permit issued under this bylaw. Enforcement shall be further defined and included as part of the regulations promulgated under § 227-19B of this bylaw.
[1]
Editor's Note: See Ch. 48, Penalties and Enforcement.
The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.