A.
This bylaw shall be applicable to any alteration, disturbance, development,
or redevelopment of land area greater than or equal to the thresholds
specified in the rules and regulations.
B.
This bylaw shall apply to land or parcels of land that are held in
common ownership (including ownership by related or jointly controlled
persons or entities). As of the effective date of this bylaw, if the
total land-disturbing activities on said land or parcels, considered
as a whole, would presently or ultimately exceed the minimum thresholds
in the rules and regulations and are not exempted by this section,
no such activity shall commence until a permit under this bylaw has
been issued. A development shall not be segmented or phased in a manner
to avoid compliance with this bylaw.
C.
Exemptions:
(1)
Maintenance of existing landscaping, gardens, or lawn areas associated
with a single-family dwelling conducted in such a way as not to cause
a nuisance or result in erosion;
(2)
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(3)
Construction of utilities other than drainage (gas, water, electric,
communication, etc.) which will not alter terrain or drainage patterns
or result in discharge of sediment to the MS4;
(4)
Normal maintenance and improvement of land in agricultural or agricultural
use, as defined by the Wetlands Protection Act.
(5)
Disturbance of land or redevelopment that is subject to jurisdiction
under the Wetlands Protection Act and demonstrates compliance with
the Massachusetts Stormwater Management Standards and the Town of
Middleborough Stormwater Management Regulations as reflected in a
valid order of conditions issued by the Conservation Commission.
A.
An applicant seeking an approval and/or permit shall file an appropriate
application with the Board or its authorized agent in a form and containing
information as specified in this bylaw and in the rules and regulations
adopted by the Board of Selectmen. An approval or permit must be obtained
prior to the commencement of land-disturbing or redevelopment activity
based on thresholds described in the Town of Middleborough Stormwater
Management Rules and Regulations.
B.
Permit procedures and requirements are outlined in the rules and
regulations. Where appropriate, said rules and regulations will require
an erosion and sedimentation control plan and/or an operation and
maintenance plan. Any person that fails to follow the requirements
of a land disturbance permit and/or the requirements of an erosion
and sedimentation control plan, or operation and maintenance plan
issued under the regulations, shall be in violation of the Town of
Middleborough bylaws.
C.
Stormwater management permits may be issued concurrently with a permit
issued through the Conservation Commission or the Planning Board without
the need for a separate stormwater management application. The Stormwater
Rules and Regulations specifies the process for concurrent permitting.
Filing an application for an approval or permit grants the Board
and its employees or agents permission to enter the site to verify
the information in the application and to inspect for compliance with
approval or permit conditions.
The Board or its designated agent shall make inspections as
outlined in the rules and regulations to verify and document compliance
with the land disturbance permit.
Permit procedures, permit requirements, and performance standards shall be established and included in the Stormwater Management Rules and Regulations promulgated under § 238-5 of this bylaw to meet the following purposes:
A.
Ensure the Town's compliance with requirements of its 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.
B.
Reduce and eliminate impairments of the Nemasket, Taunton, and Weweantic
Rivers and to preserve the health of the Town's water resources,
including Poquoy Brook and Fall Brook.
C.
Regulate and control stormwater runoff quantity and quality.
D.
Encourage the use of nonstructural stormwater management, better
site design practices or "low-impact development practices," such
as reducing impervious cover, increasing site-wide infiltration, and
preserving open space and other natural areas, to the maximum extent
practicable.
E.
Establish provisions for the long-term responsibility for and maintenance
of structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety or the environment.
F.
Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection, and long-term
maintenance of stormwater facilities implemented as part of this bylaw.
The objective of an effective construction stormwater runoff
control program is to minimize or eliminate erosion and maintain sediment
on site so that is not transported in stormwater and allowed to discharge
off-site or to the Town of Middleborough's MS4. Construction
site stormwater runoff control will be achieved through the following:
A.
Construction sites resulting in land disturbance equal to or greater
than the threshold area described in the rules and regulations are
required to use sediment and erosion control practices to address
sediment and erosion control requirements. Recommended practices are
described in the rules and regulations.
B.
Construction site operators are required to implement a sediment
and erosion control program that includes BMPs appropriate for the
conditions at the construction site. These BMPs include, but are not
limited to, the following:
(1)
Minimize the amount of disturbed area and protect natural resources;
(2)
Stabilize sites when projects are complete or operations have temporarily
ceased;
(3)
Protect slopes on the construction site;
(4)
Protect all storm drain inlets and armor all newly constructed outlets;
(5)
Use perimeter controls at the site;
(6)
Stabilize construction site entrances and exits to prevent off-site
tracking;
(7)
Inspect erosion and stormwater controls at consistent intervals and
after major storm events (greater than 0.25 inch in a twenty-four-hour
period).
C.
Construction site operators are required to control all wastes on
site, including demolition debris, litter, discarded building materials,
concrete truck washout, chemicals, and sanitary wastes. These wastes
may not be discharged to the MS4. Recommended controls are included
in the rules and regulations.
D.
Prior to construction commencement, the Board or its designated agent
will conduct a pre-construction review with the applicant. The Board
or its designated agent will review the planned operations at the
construction site, planned BMPs during the construction phase, and
planned BMPs to be used to manage runoff created after development.
If feasible, the Board or its designated agent will recommend the
use of low-impact design and green infrastructure. The requirements
for the pre-construction review are described further in the rules
and regulations.
A.
The objective of post-construction stormwater management is to reduce
the discharge of pollutants found in stormwater through the retention
or treatment of stormwater after construction on new or redeveloped
sites. This section is applicable to all sites that disturb greater
than or equal to the threshold specified in the rules and regulations,
including sites less than the threshold if the site is part of a larger
common plan of development or redevelopment which disturbs greater
than or equal to the threshold.
B.
Site planning and design requirements for new development and redevelopment
include the following:
(1)
Low-impact development (LID) site planning and design strategies
must be used to the maximum extent practicable.
(2)
Design of treatment and infiltration practices should follow the
guidance in Volume 2 of the Massachusetts Stormwater Handbook, as
amended, or other federally or state-approved BMP design guidance.
(3)
Stormwater management systems on new development sites shall be designed
to:
(a)
Not allow new stormwater conveyances to discharge untreated
stormwater in accordance with Massachusetts Stormwater Handbook Standard
1;
(b)
Control peak runoff rates in accordance with Massachusetts Stormwater
Handbook Standard 2;
(c)
Recharge groundwater in accordance with Massachusetts Stormwater
Handbook Standard 3;
(d)
Eliminate or reduce the discharge of pollutants from land uses
with higher pollutant loads as defined in the Massachusetts Stormwater
Handbook in accordance with Massachusetts Stormwater Handbook Standard
5;
(e)
Protect Zone II or Interim Wellhead Protection Areas of public
water supplies in accordance with Massachusetts Stormwater Handbook
Standard 6;
(f)
Implement long-term maintenance practices in accordance with
Massachusetts Stormwater Handbook Standard 9; and
(g)
All stormwater management systems are to be designed to:
[1]
Retain the volume of runoff equivalent to, or greater than,
one inch multiplied by the total post-construction impervious surface
area on the site; and/or
[2]
Remove 90% of the average annual load of total suspended solids
(TSS) generated from the total post-construction impervious area on
the site and 60% of the average annual load of total phosphorus (TP)
generated from the total post-construction impervious surface area
on the site. Pollutant removal shall be calculated consistent with
EPA Region 1's BMP Performance Extrapolation Tool 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, 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.
(4)
Stormwater management systems on redevelopment sites shall be designed
to:
(a)
Not allow new stormwater conveyances to discharge untreated
stormwater in accordance with Massachusetts Stormwater Handbook Standard
1;
(b)
Control peak runoff rates in accordance with Massachusetts Stormwater
Handbook Standard 2;
(c)
Recharge groundwater in accordance with Massachusetts Stormwater
Handbook Standard 3;
(d)
Eliminate or reduce the discharge of pollutants from land uses
with higher pollutant loads as defined in the Massachusetts Stormwater
Handbook in accordance with Massachusetts Stormwater Handbook Standard
5;
(e)
Protect Zone II or Interim Wellhead Protection Areas of public
water supplies in accordance with Massachusetts Stormwater Handbook
Standard 6;
(f)
All stormwater management systems on redevelopment sites are
to be designed to:
[1]
Retain the volume of runoff equivalent to, or greater than,
0.80 inch multiplied by the total post-construction impervious surface
area on the site; and/or
[2]
Remove 80% of the average annual load of total suspended solids
(TSS) generated from the total post-construction impervious area on
the site and 50% of the average annual load of total phosphorus (TP)
generated from the total post-construction impervious surface area
on the site. Pollutant removal shall be calculated consistent with
EPA Region 1's BMP Performance Extrapolation Tool 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, 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.
(g)
Stormwater management systems on redevelopment sites may utilize off-site mitigation within the same USGS HUC10 as the redevelopment site to meet the equivalent retention or pollutant removal requirements in § 238-25B(4)(f) of this bylaw.
(h)
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 Stormwater
Handbook Standards 1, 2, and 3. 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
above fully.
Upon completion of the work, the applicant shall submit a report,
including certified as-built construction plans, from a professional
engineer (PE), surveyor, or certified professional in erosion and
sedimentation control (CPESC), certifying that all erosion and sedimentation
control devices, and approved changes and modifications, have been
completed in accordance with the conditions of the approved erosion
and sediment control plan and stormwater management plan. The plan
must depict all on-site controls, both structural and nonstructural,
designed to manage the stormwater associated with the completed site.
A long-term operation and maintenance plan is to be submitted with
the as-built plan. Any discrepancies between the proposed design and
the completed design shall be noted in the cover letter.
The Board of Selectmen or its designated agent shall enforce
this bylaw, the rules and regulations, and any associated orders,
violation notices, and enforcement orders, and may pursue all civil
and criminal remedies for such violations.
A.
(Reserved)
B.
Orders. If the Board determines that a person's failure to follow
the requirements of this bylaw, any regulatory provision issued hereunder,
or any authorization issued pursuant to this bylaw or regulations
is creating an adverse impact to a water resource, then the Board
may issue a written order to the person to remediate the adverse impact,
which may include requirements to:
(1)
Cease and desist from land-disturbing activity until there is compliance
with the bylaw or provisions of an approved stormwater management
permit;
(2)
Maintain, install, or perform additional erosion and sediment control
measures;
(3)
Perform monitoring, analyses, and reporting;
(4)
Remediate erosion and sedimentation resulting directly or indirectly
from land-disturbing activity;
(5)
Comply with the requirements of the stormwater management permit
for operation and maintenance of stormwater management systems;
(6)
Remediate adverse impacts resulting directly or indirectly from malfunction
of the stormwater management systems; and/or
(7)
Eliminate discharges, directly or indirectly, into a watercourse
or into the waters of the commonwealth.
C.
Criminal and civil penalties. Any person who violates any provision
of this bylaw, valid regulation, or the terms or conditions in any
permit or order prescribed or issued thereunder shall be subject to
a fine not to exceed $300 for each day such violation occurs or continues
or subject to a civil penalty, which may be assessed in an action
brought on behalf of the Town in any court of competent jurisdiction.
D.
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, 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 deems
reasonably necessary.
E.
Appeals. The decisions or orders of the Board shall be final. Further
relief shall be to a court of competent jurisdiction.
F.
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 applicant for a permit shall have the burden of providing
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable adverse or cumulative
effect on the stormwater quality; flood elevations; adjacent and downgradient
private or public property; or health, safety and the environment
protected by this bylaw. Failure to provide adequate evidence to show
the effect the proposed project may have on the surface waters or
ground waters of the commonwealth, and/or the storm drainage system
of the Town of Middleborough, shall be sufficient cause for the Board
to deny a permit or grant a permit with conditions.
Permit and application fees are payable at the time of application
and are nonrefundable. Permit fees shall be calculated by the Board,
or its designated agent, in accordance with the fee schedule included
in the rules and regulations. Town, county, state, and federal projects
are exempt from fees.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any other section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
Property owners shall have 60 days from the effective date of
this bylaw to comply with its provisions, provided good cause is shown
for the failure to comply with the bylaw during that period, or act
anything thereon.
