Chapter 267 Stormwater Management

[HISTORY: Adopted by the Town Meeting of the Town of Norfolk as indicated in article histories. Amendments noted where applicable.]

Article I Illicit Discharges to Storm Drain System

[Adopted 10-24-2006 (Art. VII, § 6, of the General Bylaws)]

§ 267-1 Purpose.

The purpose of this article is to eliminate nonstormwater discharges to the Town of Norfolk's municipal storm drain system. Nonstormwater discharges contain contaminants and supply additional flows to the Town's storm drain system. Increased and contaminated stormwater runoffs are major causes of:

(1)

Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;

(2)

Contamination of drinking water supplies;

(3)

Contamination of clam flats and other coastal areas;

(4)

Alteration or destruction of aquatic and wildlife habitat; and

(5)

Flooding.

Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the Town of Norfolk's natural resources, municipal facilities, and to safeguard the public health, safety, welfare and the environment.

The objectives of this article are:

(1)

To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4);

(2)

To prohibit illicit connections and unauthorized discharges to the MS4;

(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.

§ 267-2 Definitions.

Unless a different definition is indicated in other sections of this bylaw, the following definitions and provisions shall apply throughout this article, also referred to in this article as "this bylaw."

AUTHORIZED ENFORCEMENT AGENCY

The Department of Public Works (hereafter "the Department"), its employees or agents designated to enforce this bylaw.

BEST MANAGEMENT PRACTICE (BMP)

An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as hereafter amended.

DISCHARGE OF POLLUTANTS

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.

GROUNDWATER

Water beneath the surface of the ground.

ILLICIT CONNECTION

A surface or subsurface drain or conveyance which allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, or wash water, and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this bylaw.

ILLICIT DISCHARGE

Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in this article. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 267-7D(1) of this bylaw.

IMPERVIOUS SURFACE

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.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM

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 Norfolk.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.

NONSTORMWATER DISCHARGE

Discharge to the municipal storm drain system not composed entirely of stormwater.

PERSON

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.

POLLUTANT

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;

Nonhazardous 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;

Construction wastes and residues; and

Noxious or offensive matter of any kind.

PROCESS WASTEWATER

Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.

RECHARGE

The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

STORMWATER

Runoff from precipitation or snowmelt.

TOXIC OR HAZARDOUS MATERIAL OR WASTE

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 MGL c. 21C and c. 21E, and the regulations at 310 CMR 30.00 and 310 CMR 40.00.

WASTEWATER

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, by-product or waste product.

WATERCOURSE

A natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

WATERS OF THE COMMONWEALTH

All waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

§ 267-3 Applicability.

This article shall apply to flows entering the municipally owned storm drainage system.

§ 267-4 Statutory authority.

This article is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and the regulations of the federal Clean Water Act found at 40 CFR 122.34.

§ 267-5 Responsibility for administration.

The Department shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the Department may be delegated, in writing, by the Department to employees or agents of the Department.

§ 267-6 Rules and regulations.

The Department may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Department to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.

§ 267-7 Prohibited activities; exemptions.

Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the commonwealth.

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.

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 consent from the Department.

Exemptions.

(1)

Discharge or flow resulting from firefighting activities.

(2)

The following nonstormwater discharges or flows are exempt from the prohibition of nonstormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:

(a)

Waterline flushing;

(b)

Flow from potable water sources;

(c)

Springs;

(d)

Natural flow from riparian habitats and wetlands;

(e)

Diverted stream flow;

(f)

Rising groundwater;

(g)

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20), or uncontaminated pumped groundwater (e.g., sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit from the Department prior to discharge, and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Department;

[Amended 5-10-2022 ATM by Art. 18]

(h)

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;

(i)

Discharge from landscape irrigation or lawn watering;

(j)

Water from individual residential car washing;

(k)

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;

(l)

Discharge from street sweeping;

(m)

Dye testing, provided verbal notification is given to the Department prior to the time of the test;

(n)

Nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and

(o)

Discharge for which advanced written approval is received from the Department as necessary to protect public health, safety, welfare or the environment.

§ 267-8 Emergency suspension of storm drainage system access.

The Department 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 authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

§ 267-9 Notification of spills.

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. In the event of a release of nonhazardous 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.

§ 267-10 Enforcement; violations and penalties.

The Department or an authorized agent of the Department shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Civil relief. If a person violates the provisions of this article, regulations, permit, notice, or order issued thereunder, the Department 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.

Orders.

(1)

The Department or an authorized agent of the Department may issue a written order to enforce the provisions of this article or the regulations thereunder, which may include:

(a)

Elimination of illicit connections or discharges to the MS4;

(b)

Performance of monitoring, analyses, and reporting;

(c)

That unlawful discharges, practices, or operations shall cease and desist; and

(d)

Remediation of contamination in connection therewith.

(2)

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 or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

(3)

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, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Department 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 Department 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 provided in MGL c. 59, § 57, after the 31st day at which the costs first become due.

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 $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article I, of the Town of Norfolk General Bylaws, in which case the Director of Public Works of the Town shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. 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.

Entry to perform duties under bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department, 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 Department deems reasonably necessary.

Appeals. The decisions or orders of the Department shall be final. Further relief shall be to a court of competent jurisdiction.

Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.

§ 267-11 Severability.

The provisions of this article are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this article 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 article or bylaw.

§ 267-12 Transitional provisions for compliance.

Residential 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.

Article II Stormwater Management

[Adopted 10-23-2007 (Art. VII, § 7, of the General Bylaws)]

§ 267-13 Purpose.

Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Norfolk's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increases in impervious surface are major causes of:

(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 or destruction of aquatic and wildlife habitat; and

(5)

Flooding.

Therefore, this bylaw establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off-site and downstream which would be borne by abutters, townspeople and the general public. The objectives of this bylaw are:

(1)

To require practices to control the flow of stormwater from new and redeveloped sites into the Town of Norfolk storm drainage system in order to prevent flooding and erosion;

(2)

To protect groundwater and surface water from degradation;

(3)

To promote groundwater recharge;

(4)

To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;

(5)

To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;

(6)

To comply with state and federal statutes and regulations relating to stormwater discharges; and

(7)

To establish the Town of Norfolk's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.

§ 267-14 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALTERATION OF DRAINAGE CHARACTERISTICS

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.

BEST MANAGEMENT PRACTICE (BMP)

An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.

CLEARING

Any activity that removes the vegetative surface cover.

DEVELOPMENT

The modification of land to accommodate a new use or expansion of use, usually involving construction.

DISTURBANCE OF LAND

Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel of similar earth material.

GRADING

Changing the level or shape of the ground surface.

GRUBBING

The act of clearing land surface by digging up roots and stumps.

IMPERVIOUS SURFACE

MASSACHUSETTS STORMWATER MANAGEMENT POLICY

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, §§ 23 to 56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity and quality of runoff from a site.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM

NEW DEVELOPMENT

Any construction activities or land alteration resulting in total earth disturbances equal to or greater than one acre, or activities that are part of a larger common plan of development disturbing greater than one acre on an area that has not previously been developed, to include impervious cover.

[Added 11-9-2021 STM by Art. 13]

NORMAL MAINTENANCE

Includes activities generally recognized as tasks relating to the use of fertilizers, compost materials and other soil amendments; mowing and brush cutting; maintenance and repair of existing fences; and the cleaning, clearing, repairing or restoring of existing man-made or natural water management systems, such as ditches, channels, or other waterways. In all cases, normal maintenance does not include placing fill or dredging water bodies.

OPERATION AND MAINTENANCE PLAN

A plan establishing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.

OUTFALL

The point at which stormwater flows out from a point source: discernible, confined and discrete conveyance into waters of the commonwealth.

OUTSTANDING RESOURCE WATERS (ORWs)

Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, 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. Outstanding resource waters include vernal pools certified by the Natural Heritage Program of the Massachusetts Department 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.

OWNER

A person with a legal or equitable interest in property.

PERSON

POINT SOURCE

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.

REDEVELOPMENT

Any construction, land alteration, or improvement of impervious surfaces resulting in total earth disturbances equal to or greater than one acre or activities that are part of a larger common plan of development disturbing greater than one acre that does not meet the definition of new development.

[Amended 11-9-2021 STM by Art. 13]

RUNOFF

Rainfall, snowmelt, or irrigation water flowing over the ground surface.

SITE

The area extent of construction activities, including but not limited to the creation of new impervious cover and improvement of existing impervious cover.

[Added 11-9-2021 STM by Art. 13]

STORMWATER

Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.

STORMWATER MANAGEMENT PLAN

A plan required as part of the application for a stormwater management permit. See § 267-19.

THE BOARD

Town of Norfolk Planning Board.

TSS

Total suspended solids.

§ 267-15 Authority.

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.

§ 267-16 Applicability.

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 one acre of land, or will disturb less than one acre but is part of a larger plan of development that will ultimately disturb equal to or greater than one acre of land, without a permit from the Planning Board. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site.

Exemptions.

(1)

Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04.

(2)

Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling.

(3)

The construction of fencing that will not substantially alter existing terrain or drainage patterns.

(4)

Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns.

(5)

As authorized in the Phase II small MS4 general permit for Massachusetts, stormwater discharges resulting from the activities identified in § 267-16 that are wholly subject to jurisdiction under the Wetlands Protection Act[1] and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Conservation Commission are exempt from compliance with this bylaw.

[1]

Editor's Note: See MGL c. 131, § 40.

§ 267-17 Administration.

The Planning Board 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 employees or agents. Specifically, the Board relies upon the Department of Public Works (DPW) for the review of technical and engineering documentation required under this bylaw. All projects meeting the requirements will be processed and administered through the Planning Board.

Rules and regulations. The Planning Board may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this Stormwater Management Bylaw, by majority vote of the Board, 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.

§ 267-18 Permits and procedure.

Filing application. The site owner or their agent shall file with the Planning Board, hereinafter the "Board," 12 copies of a completed application package for a stormwater management permit (SMP). Permit issuance is required prior to any site-altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP application package shall include completed application form with original signatures of all owners; list of abutters, certified by the Assessors' office; one copy of the stormwater management plan and project description as specified in § 267-19A; one copy of the operation and maintenance plan as required by § 267-20 of this bylaw; payment of the application and review fees. The applicant shall file one original application form, the stormwater management plan, the operation and maintenance plan, and the list of abutters with the Town Clerk.

Entry. 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 the resulting permit.

Other boards. The Board shall give one copy of the application package to each of the other relevant boards, including Conservation Commission, Department of Public Works, Board of Health, and Building Department.

Fee structure. The Board shall obtain with each submission an application fee established by the Board to cover expenses connected with the public hearing and application review of the stormwater management permit and a technical review fee sufficient to cover professional review. The Board is authorized to retain a registered professional engineer or other professional consultant to advise the Board on any or all aspects of these plans. Applicants must pay review fees before the review process may begin.

Public hearing. The Board shall hold a public hearing within 45 days of the receipt of a complete application and shall take final action within 21 days of the close of the hearing unless such time is extended by agreement between the applicant and the Planning Board. Notice of the public hearing shall be given by publication in a local paper of general circulation, by posting and by first-class mailings to abutters at least seven days prior to the hearing.

Actions. The Board's action, rendered in writing, shall consist of either:

(1)

Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in § 267-19 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw;

(2)

Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the Board which will ensure that the project meets the standards in § 267-19 and adequately protects water resources, as set forth in this bylaw; or

(3)

Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in § 267-19 or adequately protect water resources, as set forth in this bylaw.

Failure of the Board to take final action upon an application within the time specified above shall be deemed to be approval of said application. Upon certification by the Town Clerk that the allowed time has passed without Board action, the Board must issue a stormwater management permit.

The permittee, or their agent, shall notify the Board, in writing, of any change or alteration of a land-disturbing activity authorized in a stormwater management 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 § 267-19A and accepted construction practices, the Board may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the Board may require the installation of interim measures before approving the change.

Project completion. Within one year of completion of the project, the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer.

[Amended 11-9-2021 STM by Art. 13]

§ 267-19 Stormwater management plan.

The application for a stormwater management permit shall consist of submittal of a stormwater management plan to the Board. This stormwater management plan shall contain sufficient information for the Board to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in Subsection B of this section and DEP Stormwater Management Handbook Volumes I and II. The stormwater management plan shall fully describe the project in drawings and narrative. It shall include:

(1)

A locus map;

(2)

The existing zoning and land use at the site;

(3)

The proposed land use;

(4)

The location(s) of existing and proposed easements;

(5)

The location of existing and proposed utilities;

(6)

The site's existing and proposed topography with contours at two-foot intervals;

(7)

The existing site hydrology;

(8)

A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;

(9)

A delineation of 100-year floodplains, if applicable;

(10)

Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration;

(11)

The existing and proposed vegetation and ground surfaces with runoff coefficient for each;

(12)

A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths;

(13)

A description and drawings of all components of the proposed drainage system, including locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;

(14)

All measures for the detention, retention or infiltration of water;

(15)

All measures for the protection of water quality;

(16)

The structural details for all components of the proposed drainage systems and stormwater management facilities;

(17)

Notes on drawings, specifying materials to be used, construction specifications, and typicals, and expected hydrology with supporting calculations;

(18)

Proposed improvements, including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;

(19)

Timing, schedules, and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization (an approved erosion and sediment control plan, as described in the Subdivision of Land and Site Plan Approval Rules and Regulations, Article 3, is understood to meet the requirements of this subsection);

[Amended 11-9-2021 STM by Art. 13]

(20)

All measures to properly store and dispose of construction/demolition debris, litter and sanitary wastes;

[Added 11-9-2021 STM by Art. 13]

(21)

A maintenance schedule for the period of construction; and

(22)

Any other information requested by the Board.

Standards. All projects at a minimum shall meet the stormwater runoff control standards of the Massachusetts Stormwater Management Policy, which are as follows:

[Amended 11-9-2021 STM by Art. 13]

(1)

No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the commonwealth. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed predevelopment peak discharge rates.

(2)

Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the predevelopment or existing site conditions, based on soil types. Low-impact development (LID) site planning and design strategies must be implemented unless infeasible in order to reduce the discharge of stormwater to development sites.

(3)

Stormwater management systems design shall be consistent with, or more stringent than, the requirements of the 2008 Massachusetts Stormwater Handbook.

(4)

New development and redevelopment.

(a)

For new development, stormwater management systems must be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load (post-development conditions) 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 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 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.

(b)

For redevelopment, stormwater management systems must be designed to meet an average annual pollutant removal equivalent to 80% of the average annual load (post development conditions) of total suspended solids (TSS) related to the total post-construction impervious area on the site and 50% 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 are achieved through one of the following methods:

[1]

[2]

Retaining the volume of runoff equivalent to, or greater than, one inch multiplied by the total post-construction impervious surface area on the redeveloped site; or

[Amended 5-10-2022 ATM by Art. 18]

[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.

(c)

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 unless infeasible and are exempt from the above requirements. 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 above requirements. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). "Critical areas" are outstanding resource waters (ORWs), shellfish beds, swimming beaches, cold-water fisheries and recharge areas for public water supplies. Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions. Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities. All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.

§ 267-20 Operation and maintenance plan.

An operation and maintenance plan (O&M plan) is required at the time of application for all projects. 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. The Board shall make the final decision of what maintenance option is appropriate in a given situation. 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.

The O&M plan shall include:

(1)

The name(s) of the owner(s) for all components of the system.

(2)

Maintenance agreements that specify the names and addresses of the person(s) responsible for operation and maintenance; the person(s) responsible for financing maintenance and emergency repairs; a maintenance schedule for all drainage structures, including swales and ponds; a list of easements with the purpose and location of each; and the signature(s) of the owner(s).

Stormwater management easement(s). Stormwater management easements shall be provided by the property owner(s) as necessary for access for facility inspections and maintenance; preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event; and direct maintenance access by heavy equipment to structures requiring regular cleanout. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner. Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Board. Easements shall be recorded with the Norfolk County Registry of Deeds prior to issuance of a certificate of completion by the Board.

Changes to operation and maintenance plan. The owner(s) of the stormwater management system must notify the Board of changes in ownership or assignment of financial responsibility. 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.

§ 267-21 Surety.

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 permit, but the bond may not be fully released until the Board has received the final inspection report as required by § 267-22 and issued a certificate of completion.

§ 267-22 Inspections.

The Board shall inspect the project site at the following stages:

Initial site inspection. Prior to approval of any plan.

Erosion control inspection. To ensure erosion control practices are in accord with the filed plan.

Bury inspection. Prior to backfilling of any underground drainage or stormwater conveyance structures.

Final inspection. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. The Board shall inspect the system to confirm the as-built features. This inspector shall also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate, they shall so report to the Board, which will issue a certificate of completion. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the stormwater management plan, it shall be corrected by the permittee before the performance guarantee is released. If the permittee fails to act, the Town of Norfolk may use the surety bond to complete the work. Examples of inadequacy shall be limited to errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins.

§ 267-23 Waivers.

The Board may waive strict compliance with any requirement of this bylaw or the rules and regulations promulgated hereunder where such action is allowed by federal, state and local statutes and/or regulations, is in the public interest, and is not inconsistent with the purpose and intent of this bylaw.

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 the bylaw does not further the purposes or objectives of this bylaw.

All waiver requests shall be discussed and voted on at the close of the public hearing for the project.

§ 267-24 Certificate of completion.

The Board will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw.

§ 267-25 Enforcement; violations and penalties.

The Board or an authorized agent of the Board shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Orders. 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 requirements to cease and desist from construction or land disturbing activity until there is compliance with the bylaw and the stormwater management permit; repair, maintain, or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan; perform monitoring, analyses, and reporting; remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system. If the enforcing person determines that abatement or remediation of adverse impacts 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 may, at its option, undertake such work, and the property owner shall reimburse the Town's expenses. 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, 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 provided in MGL c. 59, § 57, after the 31st day at which the costs first become due.

Criminal penalty. Any person who violates any provision of this bylaw, or regulation, order or permit issued thereunder, by indictment or complaint brought to the Superior Court, Housing Court or Wrentham District Court, shall be punished by a fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

[Amended 5-10-2022 ATM by Art. 18]

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article I, of the General Bylaws of the Town of Norfolk, in which case the DPW Director shall be the enforcing person. Specific fines for violations will be established as part of the rules and regulations.

[Amended 5-10-2022 ATM by Art. 18]

Appeals. The decisions or orders of the Board shall be final. Further relief shall be to a court of competent jurisdiction.

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.

§ 267-26 Severability.

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.