[HISTORY: Adopted by the Annual Town Meeting 6-20-2020 by Art. 31.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article was adopted as Ch. 137, but was
renumbered to maintain the organization of the Code.
The purpose of this bylaw is to establish minimum stormwater
management requirements and procedures in order to minimize damage
to public and private property and infrastructure; safeguard the public
health, safety, environment and general welfare; protect aquatic resources
and wildlife habitat; protect the quality and health of water resources;
conserve groundwater supplies; and foster climate change resiliency.
This bylaw seeks to meet that purpose through the following objectives:
A.
Establish the Planning Board and/or Conservation Commission of the
Town of Westminster, or its designated agent, as the legal authority
to ensure compliance with the provisions of this Stormwater Management
Bylaw and its accompanying rules and regulations through a review
process, inspection, monitoring, and enforcement.
B.
Establish administrative procedures for: the submission, review,
and approval or disapproval of stormwater management permits; the
inspection of approved active projects; and post-construction follow-up.
C.
Establish decisionmaking processes surrounding new development and
redevelopment that protects watershed integrity and preserves and/or
restores the health of local water resources such as lakes, ponds,
streams, rivers, wetlands, and groundwater.
D.
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 in order to minimize or eliminate
erosion and maintain sediment on site so that it is not transported
to a water of the commonwealth and to reduce the discharge of pollutants
found in stormwater through the retention and treatment of stormwater
during and after construction.
A.
This bylaw is adopted under authority granted by the Home Rule Amendment
of the Massachusetts Constitution, the Home Rule statutes, pursuant
to the regulations of the federal Clean Water Act found at 40 CFR
122.34, and as authorized by the residents of the Town of Westminster
at the Town Meeting.
For the purposes of this bylaw, the following shall mean:
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and its implementing regulations.
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.
An activity, procedure, restraint, or structural improvement
that helps reduce the quantity or improve the quality of stormwater
runoff. Some examples of BMPs are described in a stormwater design
manual, Stormwater Management, Volume Two: Stormwater Technical Handbook
(March 1997, MA Department of Environmental Protection and MA Office
of Coastal Zone Management, as updated or amended).
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.
Town of Westminster Conservation Commission, including its
employees or authorized agents designated to enforce this bylaw.
The disturbance of the ground by removal of vegetative surface
cover or topsoil, grading, excavation, clearing or filling.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into waters
of the United States of America or the Commonwealth of Massachusetts
from any source.
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
clearing, grading, digging, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural man-made watercourse.
A written order issued by the Planning Board and/or Conservation Commission in order to enforce the provisions of this bylaw as issued in accordance with § 169-7 of this bylaw.
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 Westminster,
MA.
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 modification of land that disturbs the ground surface
or increases the impervious area on previously undeveloped sites.
Any construction, land alteration, or addition 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 "redevelopment."
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 or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Town of Westminster Planning Board, including its employees
or authorized agents designated to enforce this bylaw.
A registered professional engineer within the State of Massachusetts
in good standing.
Development, rehabilitation, expansion, demolition or phase
projects that disturb the ground surface or increase the impervious
area on previously developed sites. 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 redevelopment disturbing greater than one
acre) that does not meet the definition of "new development."
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
The written approval granted by the Planning Board to undertake
a construction activity pursuant to a stormwater management permit
application. A valid stormwater management permit must be signed by
a majority of the Planning Board participating at a duly noted public
hearing, and such permit must be recorded at the Worcester Registry
of Deeds, prior to the start of any work.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
Areas specified in the Massachusetts Wetlands Protection Regulations, 310 CMR 10.00 et seq., as amended, and in the Town of Westminster Chapter 202, Wetlands Bylaw, as amended.
A.
The Planning Board shall be the permit granting authority for this
bylaw except when a project subject to review under this bylaw falls
under the jurisdiction of the Conservation Commission, in which case
the Conservation Commission shall be the permit granting authority
hereunder. Any powers granted to or duties imposed upon the Planning
Board may be delegated, in writing, by the Planning Board to any Town
employee, board, commission, committee or agent, hereby known as the
"Reviewing Agent."
B.
The Planning Board shall not have jurisdiction over stormwater issues
within areas where the Conservation Commission has jurisdiction under
the Wetlands Protection Act and/or any local regulations.
C.
The Planning Board or its Reviewing Agent shall take any of the following
actions as a result of an application for a stormwater management
permit as specifically defined within the stormwater management rules
and regulations promulgated as a result of this bylaw: approval, approval
with conditions, or disapproval.
D.
A decision of the Planning Board or its Reviewing Agent shall be
final. Further relief from a decision by the Planning Board or its
Reviewing Agent made under this bylaw shall be appealable to the Superior
Court, in accordance with MGL c. 249, § 4.
The Planning Board may adopt, and periodically amend, the stormwater
management rules and regulations relating to the terms, conditions,
definitions, enforcement, fees (including application, inspection,
and/or consultant fees), procedures and administration of this Stormwater
Management Bylaw by majority vote of the Planning Board, after conducting
an advertised public hearing to receive comments on any proposed revisions.
The hearings shall be duly advertised in a paper of general circulation
in the Town of Westminster no less than 14 days prior to the date
of the public hearing.
A.
No person may undertake a construction activity, including clearing,
grading, and excavation that results in a land disturbance to an area
equal to or greater than one acre of land or will disturb less than
one acre of land but is part of a larger common plan of development
or sale that will ultimately disturb an area equal to or greater than
one acre of land within the Town of Westminster, without first obtaining
a stormwater management permit issued by the Planning Board.
B.
Exemptions.
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04,
as amended;
(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)
Normal maintenance and improvements of the Town of Westminster's
publicly owned roadways and associated drainage infrastructure; and
(5)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or other action as
deemed necessary by a Town department or board to abate such a threat
to public health or safety.
A.
The Planning Board and/or the Conservation Commission, or an authorized
agent of the Planning Board and/or Conservation Commission, shall
enforce this bylaw, and any associated regulations, orders, violations
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
B.
The Planning Board and/or Conservation Commission may issue a written
order to enforce the provisions of this bylaw, which may include requirements
to:
(1)
Cease and desist from construction or land-disturbing activity until
there is compliance with this bylaw and the stormwater management
permit;
(2)
Repair, maintain, or replace the stormwater management system or
portions thereof in accordance with the operation and maintenance
plan;
(3)
Maintain, install, or perform additional erosion and sediment control
measures;
(4)
Perform monitoring, analyses, and reporting;
(5)
Remediate adverse impact resulting directly or indirectly from malfunction
of the stormwater management system or erosion and sediment control
system;
(6)
Cease and desist from unlawful discharges, practices, or operations;
and/or
(7)
Remediate contamination in connection therewith.
C.
If the Planning Board and/or Conservation Commission determines that
abatement or remediation of adverse impacts is required, the enforcement
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 Westminster may, at its option,
undertake such work, and the property owner shall reimburse the Town's
expense.
D.
Within 30 days after completing all measures necessary to abate the
violation, the violator and the property owner shall be notified of
the costs incurred by the Town of Westminster, including administrative
costs. The violator or property owner may file a written protest objecting
to the amount or basis of costs with the Planning 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 Planning
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.
To the extent permitted by state law, or if authorized by the
owner or other party in control of the property, the Planning Board
and/or Conservation Commission, or its Reviewing Agent, 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 Planning Board
and/or Conservation Commission or Reviewing Agent deems reasonably
necessary.
A.
The Planning Board may waive strict compliance with any requirement
of this bylaw promulgated hereunder, where:
B.
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 Planning Board may require documentation to be submitted
and stamped by a qualified P.E. registered in Massachusetts or a certified
professional in erosion and sediment control (CPESC).
If a person violates the provisions of this bylaw, permit, notices,
or order issued thereunder, the Planning Board and/or Conservation
Commission 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.
Any person who violates any provision of this bylaw, 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.
The remedies listed in this bylaw are not exclusive of any other
remedies available under any applicable federal, state or local law.
In addition to the provisions of enforcement listed above, the Building
Commissioner may, in his discretion, enforce the provisions of the
Zoning Bylaw by noncriminal disposition pursuant to MGL c. 40, § 21D.
Each day on which a violation exists shall be deemed to be a separate
offense. Noncriminal citations may be appealed to Gardner District
Court or Worcester County Housing Court in accordance with MGL c.
40, § 21D. The penalty for violation of any provision of
the Zoning Bylaw pursuant to this section shall be $50 for the first
offense; $75 for the second offense; $100 for the third offense; and
$125 for the fourth and each subsequent offense.
The Planning Board and/or Conservation Commission 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 Planning Board
and/or Conservation Commission to ensure that the work will be completed
in accordance with the permit. If the project is phased, the Planning
Board and/or Conservation Commission may release part of the bond
as each phase is completed in compliance with the stormwater management
permit, but the bond may not be fully released until the Planning
Board and/or Conservation Commission has received the final inspection
report as required by the stormwater management rules and regulations
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.
