[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.
Shall mean the Board of Health, its employees or agents designated
to enforce this bylaw.
Shall mean the Federal Water Pollution Control Act (33 U.S.C.
§ 1251 et seq.) as hereafter amended.
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.
Shall mean any business, establishment, or performance of
work that uses, generates, or handles material that is considered
a Pollutant.
Shall mean water below the land surface in a saturated zone,
including perched groundwater.
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.
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.
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.
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.
Shall mean a discharge to the municipal storm drain system
not composed entirely of stormwater.
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.
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.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous 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 with the exception of winter salting
and sanding in quantities that will not clog or otherwise impair the
performance of stormwater conveyances;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
Shall mean the process by which groundwater is replenished
by precipitation through the percolation of runoff and surface water
through the soil.
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.
Shall mean storm water runoff, snow melt runoff, and surface
water runoff and drainage.
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.
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.
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.
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.
Shall mean a natural or man-made channel through which water
flows or a stream of water, including a river, brook or underground
stream.
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:
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.
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]
(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.
ALTER
APPROVAL NOT REQUIRED (ANR)
COMMON PLAN OF DEVELOPMENT
(1)
(2)
LAND DISTURBANCE
LOW IMPACT DEVELOPMENT TECHNIQUES
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM or MUNICIPAL STORM SEWER SYSTEM
NONPOINT SOURCE
OWNER
POINT SOURCE
REDEVELOPMENT
STORMWATER AUTHORITY
STORMWATER BEST MANAGEMENT PRACTICE (BMP)
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT PERMIT
The following definitions shall apply in the interpretation and enforcement
of this bylaw:
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."
Shall mean a plan of land that does not require approval
under the Subdivision Control Law of Massachusetts (MGL c. 41, §§ 81K
through 81GG).
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:
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
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.
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.
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.
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).
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.
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.
Shall mean a person with a legal or equitable interest in
a property.
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.
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.
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.
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.
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.
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.
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:
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.
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.
