[HISTORY: Adopted by the Town Meeting of the Town of Groveland
as last amended 6-22-2020 ATM by Art. 10. Subsequent amendments noted
where applicable.]
A.
Eroded soil and stormwater runoff entering water resources are considered
non-point sources of pollution that are responsible for the degradation
of water quality and hydrology in lakes, ponds, streams, rivers, wetlands
and groundwater. The United States Environmental Protection Agency
(EPA) estimates that polluted stormwater runoff is the leading cause
of impairment to the nearly 40% of impaired water bodies in the United
States. [Source: 1998 EPA 303(d) list of impairment by category]
B.
The impacts of construction activities and post-development stormwater
runoff quantity and quality can adversely affect public health, land,
surface and groundwater resources, drinking water supplies, recreation,
and aquatic life and habitat.
A.
The purpose of this bylaw is to reduce the degradation of public
health, land, and the environment due to construction activities and
land development from soil erosion and sedimentation from construction
projects and post-construction stormwater runoff.
B.
This bylaw seeks to meet this purpose through the following objectives:
(1)
Establish the Town of Groveland as the legal authority to ensure
compliance with this bylaw.
(2)
Establish administrative procedures for: the submission, review,
and approval or disapproval of stormwater management and land disturbance
permits;
(3)
Establish the inspection of approved active projects and post-construction
follow-up;
(4)
Establish procedures for submittal of as-built plans and to ensure
adequate long-term operation and maintenance; and
(5)
Ensure compliance with requirements of the National Pollutant Discharge
Elimination System (NPDES) General Permit for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems (MS4) and other
applicable state and federal mandates.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34.
As used in this bylaw, the following terms shall have the meanings
indicated:
Property owner of any property having a common boundary line
with the applicant's property, or any owner of any property located
adjacent to the applicant's property on a public way or stream, or
any property owner located within a distance of 300 feet of the property.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
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.
The Town of Groveland Planning Board, hereafter the "Board,"
its employees or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to demolition debris, discarded building materials,
concrete truck washout, chemicals, litter and sanitary waste at a
construction site that may adversely impact water quality.
Any structure or device, including pipes, drains, culverts,
curb breaks, paved swales, or man-made swales of all types designed
or utilized to move or direct stormwater runoff or existing water
flow.
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.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
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) and 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.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10) and the Forest Cutting Practices Act Regulations (304
CMR 12.00).
Changing the level or shape of the ground surface.
All water beneath any land surface, including water in the
soil and bedrock beneath water bodies.
The act of clearing land by digging up roots and stumps.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
The 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.
MGL c. 131A and its implementing regulations at 321 CMR 10
which prohibit the "taking" of any rare plant or animal species listed
as "endangered," "threatened," or "of special concern."
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates 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, §§ 26 through 56). The policy
addresses 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 Groveland.
A permit issued by the United States Environmental Protection
Agency (EPA) or jointly with the state that authorizes the discharge
of pollutants to waters of the United States.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
alteration by man-made activities.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and human-made pollutants, finally
depositing them into water resource areas.
A 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
as defined herein into waters of the commonwealth.
Waters designated by the Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociological, 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 Division 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 of the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
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 non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, but are not limited to:
Chemicals, 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, 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;
Concrete truck washout;
Sanitary wastes;
Construction wastes, demolition debris, and discarded building
materials; and
Noxious or offensive matter of any kind.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land.
All activity in preparation for construction.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Conservation
Commission or Planning Board.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
The replenishment of underground water reserves.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Any area protected under, including, without limitation:
the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act,
or Town of Groveland Wetland Protection Bylaw and Regulations.
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.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
Town of Groveland Planning Board or its authorized agents
are responsible for coordinating the review, approval and permit process
as defined by this bylaw.
A plan required as part of the application for a stormwater
management and land disturbance permit.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Town of Groveland Planning Board.
Total suspended solids.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
A natural or man-man channel through which water flows or
a stream of water, including a river, brook, or underground stream.
Areas specified in the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and Groveland Wetland Protection
Bylaw and Regulations.
Tidal and non-tidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, as defined in
the Massachusetts Wetlands Protection Act (MGL c. 131, § 40),
including freshwater marshes around ponds and channels (rivers and
streams), brackish and salt marshes; common names include marshes,
swamps and bogs.
A.
No person may undertake a construction activity, including clearing,
grading and excavation, that results in a land disturbance that will
disturb equal to or greater than 20,000 square feet of land or will
disturb less than 20,000 square feet of land but is part of a larger
common plan of development or sale that will ultimately disturb equal
to or greater than 20,000 square feet of land draining to the Town
of Groveland without a stormwater management and land disturbance
permit from the Board.
B.
In addition, as authorized in the Phase II Small MS4 General Permit for Massachusetts, stormwater discharges resulting from the above activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Conservation Commission and contain an approved stormwater pollution prevention plan may be exempt from compliance with the review process of this bylaw, as determined by the Planning Board or its authorized agent, upon the submittal of the following: a formal written request for an exemption in accordance with § 14-15, a copy of the Conservation Commission order of conditions and approved plan, and a copy of the stormwater pollution prevention plan.
The following may be exempt from the requirements of this bylaw:
A.
Normal maintenance and improvement of land in agricultural, aquacultural,
forestry, or nursery operations as permitted as a main or accessory
use;
B.
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources;
C.
Emergency repairs to any stormwater structure;
D.
Maintenance of existing landscaping, gardens or lawn areas;
E.
Construction of patios, walkways, driveways, fences, swimming pools
and the replacement of wells or septic systems on lots having an existing
dwelling;
F.
Construction or emergency repair to any utilities other than drainage,
which would not alter the terrain, ground cover or drainage patterns;
G.
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by a Town department or board;
H.
Normal maintenance and improvements of the Town of Groveland publicly
owned roadways and associated drainage infrastructure; and
I.
Projects that are wholly subject to jurisdiction under the Wetlands
Protection Act and demonstrate compliance with the Massachusetts Stormwater
Management Policy as reflected in an order of conditions issued by
the Conservation Commission
A.
The Board shall be the permit granting authority (PGA), unless otherwise specified in Subsection D below, and shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the Board may be delegated in writing by the Board to its agent.
B.
The Board may waive strict compliance with any requirement of this
bylaw or the rules and regulations promulgated hereunder, where SUCH
action:
C.
Rules and regulations. The Board may adopt and periodically amend
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Board to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
D.
Every person seeking a building permit in the Town shall obtain a
stormwater management and land disturbance permit as may be required
for such proposed improvement and shall present a copy of same or
sufficient evidence that such stormwater permit is not required to
the Building Inspector with the building permit application. To ensure
efficiency of the Town permitting process for the Town and applicant,
the following Town boards or commissions may, when deciding an application
for the permit or approval set forth below and pursuant to the applicant's
written request and submission of the application and materials required
by this bylaw, determine the application of this bylaw to the use
or project proposed, and in such instance shall make express findings
in its decision to that effect and impose such conditions and grant
such waivers as may be authorized in accordance herewith, which decision
shall serve as the stormwater management and land disturbance permit
or denial thereof issued in accordance with this bylaw:[1]
(1)
Planning Board: site plan approval, subdivision approval, earth removal
special permit.
(2)
Conservation Commission: order of conditions.
(3)
In cases where the above boards or commissions do not include a clear
finding of compliance with these rules and regulations or when none
of the above permits are required, the Board shall serve as the stormwater
management PGA.
[1]
Editor's Note: See Attorney General decision - Case #9825.
A.
If a project requires a stormwater management and land disturbance
permit, the applicant shall file two copies of a completed stormwater
management and land disturbance permit application package with the
Planning Board. The applicant shall also file with the Planning Board
one electronic copy of the application package. Review of the complete
application may be conducted concurrently with other applications
to the Board. The application shall include the following:
(1)
Completed application form with original signatures;
(2)
A list of abutters, certified by the Assessor's office;
(3)
A stormwater management and erosion and sediment control plan as specified in § 14-10C of this bylaw;
(7)
Filing an application for a permit grants the Board or its agent,
permission to enter the site to verify the information in the application
and to inspect for compliance with permit conditions.
B.
The Board shall transmit copies of the application to the Highway
Superintendent, Water and Sewer Commission, Conservation Commission
and the Board of Health. These boards and departments shall submit
reports to the Planning Board within 35 days of referral. Failure
of any such board or department to make recommendations within the
35 days of receipt by such board or department shall be deemed a lack
of opposition to the application.
C.
Public hearing.
(1)
The Board shall hold a public hearing in conformance with the provisions
of MGL c. 40A, § 9;
(2)
The public hearing shall be held within 65 days after the filing
of the application; and
(3)
Notice shall be given by publication and posting and by first class
mailings to parties of interest as defined in MGL c. 40A, § 11.
D.
The applicant shall submit all additional information requested by
the Board to issue a decision on the application.
E.
Board decision.
(1)
The Board may:
(a)
Approve the stormwater management and land disturbance permit
application and issue a permit if it finds that the proposed plan
will protect water resources and meets the objectives and requirements
of this bylaw;
(b)
Approve the stormwater management and land disturbance permit
application and issue a permit with conditions, modifications or restrictions
that the Board determines are required to ensure that the project
will protect water resources and meets the objectives and requirements
of this bylaw;
(c)
Disapprove the stormwater management and land disturbance permit
application and deny the permit if it finds that the proposed plan
will not protect water resources or fails to meet the objectives and
requirements of this bylaw.
(2)
The decision of the Board shall be filed with the Board and the Town
Clerk within 90 days following the close of the public hearing.
(3)
Appeals. The applicant may appeal the decision, within 30 consecutive
calendar days, to the Groveland Board of Selectmen.
(4)
Failure of the Board to act within 90 days of the close of the public
hearing shall be deemed a grant of the permit applied for.
F.
The permittee, or their agent, must notify the Board in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management and land disturbance permit before any change or alteration occurs. If the Board determines that the change or alteration is significant, based on the design requirements listed in § 14-10B, the Board may require that an amended stormwater management and land disturbance permit application be filed and a public hearing held. If any change or alteration from the stormwater management and land disturbance permit occurs during any land-disturbing activities, the Board may require the installation of interim erosion and sedimentation control measures before approving the change or alteration.
A.
Each application must be accompanied by the appropriate application
fee as established by the Board. Applicants shall pay review fees
as discussed and determined by the Board sufficient to cover any expenses
connected with the public hearing and review of the stormwater management
and land disturbance permit application before the review process
commences. The Board is authorized to retain a registered professional
engineer or other professional consultant to advise the Board on any
or all aspects of the application. The Board may require an additional
fee for review of any change in or alteration from an approved permit.
B.
The review fee collected under this bylaw shall be deposited in an
account established pursuant to MGL c. 44, § 53G and held
by the Town of Groveland.
C.
Subject to applicable law, any unused portion of any review fees
collected shall be returned by the Planning Board to the applicant
within 45 calendar days of a written request by the applicant, unless
the Planning Board decides in a public meeting that other action is
necessary.
D.
A non-refundable application fee of $100 plus $0.0030 times the total
square footage of the area to be altered by the project shall be due
and payable to the Town of Groveland at the time an application is
filed.
A.
The stormwater management and erosion and sediment control plan shall
contain sufficient information to describe the nature and purpose
of the proposed development, pertinent conditions of the site and
the adjacent areas, proposed erosion and sedimentation controls and
proposed stormwater management controls. The applicant shall submit
such material as is necessary to show that the proposed development
will comply with the design requirements listed below.
B.
The design requirements of the stormwater management and erosion
and sediment control plan are:
(1)
Minimize total area of disturbance;
(2)
Sequence activities to minimize simultaneous areas of disturbance;
(3)
Minimize peak rate of runoff in accordance with the Massachusetts
Department of Environmental Protection's Stormwater Management Policy
dated March 1997, as amended;
(4)
Minimize soil erosion and control sedimentation during construction,
provided that prevention of erosion is preferred over sedimentation
control;
(5)
Evaluate opportunities for using low-impact design (LID) and green
infrastructure;
(6)
Encourage the use of nonstructural stormwater management and low-impact
development practices, such as reducing impervious cover, preserving
green space, using bio-retention areas, rain gardens, and vegetated
filter strips;
(7)
Divert uncontaminated water around disturbed areas;
(8)
Maximize groundwater recharge;
(9)
Install and maintain all erosion and sediment control measures in
accordance with the manufacturer's specifications and good engineering
practices;
(10)
Prevent off-site transport of sediment;
(11)
Protect and manage on- and off-site material storage areas (Overburden
and stockpiles of dirt, borrow areas, or other areas used solely by
the permitted project are considered a part of the project.);
(12)
Comply with applicable federal, state and local laws and regulations,
including waste disposal, sanitary sewer or septic system regulations,
and air quality requirements, including dust control;
(13)
Prevent significant alteration of habitats mapped by the Massachusetts
Natural Heritage and Endangered Species Program as endangered, threatened
or of special concern, estimated habitats of rare wildlife and certified
vernal pools, and priority habitats of rare species from the proposed
activities;
(14)
Institute interim and permanent stabilization measures, which
shall be instituted on a disturbed area as soon as practicable but
no more than 14 days after construction activity has temporarily or
permanently ceased on that portion of the site;
(15)
Properly manage on-site construction and waste materials to
ensure they are not discharged to the MS4, drainage system, or waters
of the United States or commonwealth; and
(16)
Prevent off-site vehicle tracking of sediments.
C.
Stormwater management and erosion and sedimentation control plan
content. The plan shall contain the following information:
(1)
Names, addresses, and telephone numbers of the owner, applicant,
and person(s) or firm(s) preparing the plan;
(2)
Title, date, North arrow, names of abutters, scale, legend, and locus
map;
(3)
The existing zoning, and land use at the site;
(4)
The proposed land use;
(5)
Watercourses and water bodies, wetland resource areas and all floodplain
information, including the 100-year flood elevation based upon the
most recent Flood Insurance Rate Map, or as calculated by a professional
engineer for areas not assessed on these maps;
(6)
Existing and proposed vegetation, including tree lines, canopy layer,
shrub layer, and ground cover;
(7)
Surveyed property lines showing distances and monument locations,
all existing and proposed easements, rights-of-way, and other encumbrances,
the size of the entire parcel, and the delineation and number of square
feet of the land area to be disturbed;
(8)
Habitats mapped by the Massachusetts Natural Heritage and Endangered
Species Program as endangered, threatened or of special concern, estimated
habitats of rare wildlife and certified vernal pools, and priority
habitats of rare species within 500 feet of any construction activity;
(9)
Lines of existing abutting streets showing drainage and driveway
locations, curb cuts and utilities;
(10)
Topographical features, including existing and proposed contours
at intervals no greater than two feet, with spot elevations provided
when needed;
(11)
Proposed improvements, including location of buildings or other
structures, impervious surfaces, and drainage facilities, if applicable;
(12)
Existing soils, volume and nature of imported soil materials;
(13)
Location and details of erosion and sediment control measures
with a narrative of the construction sequence/phasing of the project,
including both operation and maintenance for structural and non-structural
measures, interim grading, and material stockpiling areas;
(14)
Estimated seasonal high groundwater elevation in areas to be
used for stormwater retention, detention, or infiltration;
(15)
A drainage area map showing pre and post construction watershed
boundaries, drainage area and stormwater flow paths;
(16)
Pre- and post-development stormwater runoff calculations in
accordance with the Department of Environmental Protection's Stormwater
Management Policy;
(18)
All measures for the protection of water quality;
(19)
The structural details for all components of the proposed drainage
systems and stormwater management facilities;
(20)
Notes on drawings specifying materials to be used, construction
specifications, and typicals;
(21)
Path and mechanism to divert uncontaminated water around disturbed
areas, to the maximum extent practicable;
(22)
Location and description of industrial discharges, including
stormwater discharges from dedicated asphalt plants and dedicated
concrete plants, which are covered by this permit;
(23)
Location and description of and implementation schedule for
temporary and permanent seeding, vegetative controls, and other stabilization
measures;
(24)
A description of construction and waste materials expected to
be stored on-site. The plan shall include a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(25)
A description of provisions for phasing the project where one
acre of area or greater is to be altered or disturbed;
(26)
Plans must be stamped and certified by a qualified registered
professional engineer or a certified professional in erosion and sedimentation
control (CPESC);
(27)
Timing, schedules, and sequence of development, including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization;
(28)
A maintenance schedule for the period of construction;
(29)
Any other information requested by the Board.
D.
An operation and maintenance plan (O&M plan) is required at the
time of application for all projects. The Board will consider natural
features, proximity of site to water bodies and wetlands, extent of
impervious surfaces, size of the site, the types of stormwater management
structures, and potential need for ongoing maintenance activities
when making this decision. The operation and maintenance plan shall
remain on file with the Board and shall be an ongoing requirement.
(1)
The maintenance plan shall be designed to ensure compliance with
the permit, this bylaw, and that the Massachusetts Surface Water Quality
Standards (314 CMR 4.00) are met in all seasons and throughout the
life of the system.
(2)
The O&M plan shall be prepared in conformance with the Department
of Environmental Protection's Stormwater Management Policy.
(3)
The owner(s) of the stormwater management system must notify the
Board of changes in ownership or assignment of financial responsibility.
(4)
The maintenance schedule in the maintenance agreement may be amended
to achieve the purposes of this bylaw by mutual agreement of the Board
and the responsible parties. Amendments must be in writing and signed
by all responsible parties. Responsible parties shall include owner(s),
persons with financial responsibility, and persons with operational
responsibility during future years.
(5)
The O&M plan shall include procedures for using dedicated funds,
establishing an escrow account and/or developing a maintenance contract,
if determined appropriate to ensure adequate long-term maintenance.
(6)
Long-term operators responsible for O&M plan implementation shall
submit an annual report to the Board documenting all inspection and
maintenance completed on the stormwater system.
The following stormwater standards shall be met for all new
and redevelopment projects as outlined below.
A.
LID site
planning and design strategies must be implemented unless infeasible
in order to reduce the discharge of stormwater from development sites.
B.
Stormwater
management system design shall be consistent with, or more stringent
than, the requirements of the 2008 Massachusetts Stormwater Handbook.
C.
Stormwater management systems on new development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 60% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements in Subsection C are achieved through one of the following methods:
(1)
Installing
BMPs that meet the pollutant removal percentages based on calculations
developed consistent with EPA Region 1's BMP Accounting and Tracking
Tool (2016) or other BMP performance evaluation tool provided by EPA
Region 1, where available. If EPA Region 1 tools do not address the
planned or installed BMP performance, then any federally or state-approved
BMP design guidance or performance standards (e.g., state stormwater
handbooks and design guidance manuals) may be used to calculate BMP
performance; or
(2)
Retaining
the volume of runoff equivalent to, or greater than, 1.0 inch multiplied
by the total post-construction impervious surface area on the new
development site; or
(3)
Meeting
a combination of retention and treatment that achieves the above standards;
or
(4)
Utilizing
off-site mitigation that meets the above standards within the same
USGS HUC12 as the new development site.
D.
Stormwater management systems on redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of TSS related to the total post-construction impervious area on the site and 50% of the average annual load of TP related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements in Subsection D are achieved through one of the following methods:
(1)
Installing
BMPs that meet the pollutant removal percentages based on calculations
developed consistent with EPA Region 1's BMP Accounting and Tracking
Tool (2016) or other BMP performance evaluation tool provided by EPA
Region 1, where available. If EPA Region 1 tools do not address the
planned or installed BMP performance, then any federally or state-approved
BMP design guidance or performance standards (e.g., state stormwater
handbooks and design guidance manuals) may be used to calculate BMP
performance; or
(2)
Retaining
the volume of runoff equivalent to, or greater than, 0.8 inch multiplied
by the total post-construction impervious surface area on the redevelopment
site; or
(3)
Meeting
a combination of retention and treatment that achieves the above standards;
or
(4)
Utilizing
off-site mitigation that meets the above standards within the same
USGS HUC12 as the redevelopment site.
E.
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from Subsection D. Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of Subsection D.
A.
As a condition of a stormwater management and land disturbance permit approval, the Planning Board may require that a performance bond, secured by deposit of money or negotiable securities in the form selected by the Planning Board, be posted with the Town to guarantee that the work will be completed in accordance with the permit. The Board may also require that an amount be included for land restoration not having to do with the construction of improvements. The amount of security shall be determined by an estimate from the applicant's engineer, which may be confirmed or increased by the Board. If the project is phased, the Board may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the Board has received the final report as required by § 14-14 and issued a certificate of completion.
B.
The Town may use the secured funds for their stated purpose in the
event that the applicant does not complete all improvements in a manner
satisfactory to the Board within two years from the date of approval,
or the final date of the last extension of such approval, if any.
A.
Prior to starting clearing, excavation, construction, or land-disturbing
activity, the applicant, the applicant's technical representative,
the general contractor or any other person with authority to make
changes to the project shall meet with the Board and its designated
agent to review the permitted plans and their implementation.
B.
The Board or its qualified designated agent shall make inspections
as hereinafter required and shall either approve that portion of the
work completed or shall notify the permittee wherein the work fails
to comply with the land disturbance permit as approved. Inspections
shall be performed by a professional engineer (PE), a certified professional
in erosion and sediment control (CPESC), or a suitably qualified person
as determined by the Board.
C.
The permit and associated plans for grading, stripping, excavating,
and filling work, bearing the signature of approval of the Board,
shall be maintained at the site during the progress of the work. In
order to obtain inspections, the permittee shall notify the Board
or its designated agent at least two working days before each of the
following events:
(1)
Erosion and sediment control measures are in place and stabilized,
and site clearing limits are clearly marked in the field.
(2)
Site clearing has been substantially completed.
(3)
Rough grading has been substantially completed.
(4)
Final grading has been substantially completed.
(5)
Close of the construction season; stabilization of the site.
(6)
Final landscaping (permanent stabilization) and project final completion.
D.
A Planning Board designated agent shall conduct and document inspections
of all control measures no less than weekly or as specified in the
permit, and following storm events greater than 0.5 inch. The purpose
of such inspections will be to determine the overall effectiveness
of the control plan, and the need for maintenance or additional control
measures. The designated agent shall make weekly inspections and submit
monthly reports to the Board.
E.
To the extent permitted by state law, or if authorized by the owner
or other party in control of the property, the Board, its 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
Board deems reasonably necessary to determine compliance with the
permit.
A.
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) from a professional
engineer (PE) or a certified professional in erosion and sediment
control (CPESC), certifying that all erosion and sediment control
devices, and approved changes and modifications, have been completed
in accordance with the conditions of the approved permit. As-built
drawings should be submitted no later than one year after completion
of construction projects. The as-built drawings must depict all on-site
controls, both structural and non-structural, designed to manage the
stormwater associated with the completed site (post-construction stormwater
management). Any discrepancies should be noted in the cover letter.
B.
The issuing authority will issue a letter certifying completion upon
receipt and approval of the final reports and/or upon otherwise determining
that all work of the permit has been satisfactorily completed in conformance
with this bylaw.
A.
The Board or an authorized agent of the Board shall enforce this
bylaw, regulations, orders, violation notices, and enforcement orders,
and may pursue all noncriminal dispositions for such violations.
B.
The Board or an authorized agent of the Board may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(1)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw and provisions of the land-disturbance
permit.
(2)
Maintenance, installation or performance of additional erosion and
sediment control measures.
(3)
Monitoring, analyses, and reporting.
(4)
Remediation of erosion and sedimentation resulting directly or indirectly
from the land-disturbing activity.
(5)
Repairing, maintenance, or replacement of the stormwater management
system or portions thereof in accordance with the operation and maintenance
plan.
(6)
Remediation of adverse impact resulting directly or indirectly from
malfunction of the stormwater management system or erosion and sediment
control system.
(7)
A requirement to cease and desist from unlawful discharges, practices,
or operations.
(8)
Remediation of contamination in connection therewith.
C.
If a person violates the provisions of this bylaw, permit, notices,
or order issued thereunder, the Board 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.
D.
If the enforcing person determines that abatement or remediation
of erosion and sedimentation is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town of Groveland may, at its option, undertake such work, and
the property owner shall reimburse the Town of Groveland's expenses.
E.
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner shall be notified of the costs incurred by the Town of Groveland,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Board within 30 days of receipt of the notification of the costs
incurred. If the amount due is not received by the expiration of the
time in which to file a protest or within 30 days following a decision
of the Board affirming or reducing the costs, or from a final decision
of a court of competent jurisdiction, the costs shall become a special
assessment against the property owner and shall constitute a lien
on the owner's property for the amount of said costs. Interest shall
begin to accrue on any unpaid costs at the statutory rate, as provided
in MGL c. 59, § 57, after the 31st day following the day
on which the costs were due.
F.
Any violation of this bylaw, any regulation promulgated hereunder,
or any stormwater management and land disturbance permit will be punishable
by noncriminal disposition under MGL c. 40, § 21D. The Planning
Board or authorized agent shall be the enforcing person. The penalty
for the first violation shall be $250. The penalty for the second
violation shall be $300. 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.
G.
Waivers.
(1)
The
Board may waive strict compliance with any requirement of this bylaw
promulgated hereunder, where:
(2)
Any
applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of this bylaw does not further the purposes or objectives of this
bylaw. The Board may require documentation to be submitted and stamped
by a qualified PE registered in Massachusetts or a CPESC.
H.
The remedies listed in this bylaw are not exclusive of any other
remedies available under any applicable federal, state or local law.
I.
The Board may require the permittee to post, before the start of
land disturbance or construction activity, a surety bond, irrevocable
letter of credit, cash, or other acceptable security. The form of
the bond shall be approved by Town Counsel, and be in an amount deemed
sufficient by the Board to ensure that the work will be completed
in accordance with the permit. If the project is phased, the Board
may release part of the bond as each phase is completed in compliance
with the stormwater management and land disturbance permit but the
bond may not be fully released until the Board has received the final
inspection report and issued a certificate of completion.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
A.
Any application not accompanied by the appropriate fee shall be deemed
incomplete. Payment must be made to the Town of Groveland in cash,
money order, bank or certified check payable to the Town of Groveland.
B.
An applicant's failure to pay any additional review or inspection
fee within five business days of receipt of the notice that further
fees are required shall be grounds for disapproval.
C.
The applicant or the applicant's representative will publish the
public notice and send abutter notifications. Abutter notification
shall be by certified mail, return receipt requested. The applicant
shall provide the Planning Board with copies of the public notices
and the return receipt cards.
D.
Professional review fees include engineering review, legal review,
and clerical fees associated with the public hearing and permit processing.
A fee estimate may be provided by the Planning Board's consulting
engineer.
