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.
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.