A. 
This Bylaw shall apply to all activities that result in disturbance of 12,500 square feet or more of land or more that drains to the Town's MS4 System. Except as authorized by the Stormwater Authority or as otherwise provided in this Bylaw, no person shall perform any activity that results in disturbance of 12,500 square feet of land or more. There is one level of review based on the amount of proposed land to be disturbed as part of a single project and it is as follows:
(1) 
A Land Disturbance Permit is required for disturbance of greater than 12,500 square feet of land or for a proposed use that is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards. A Land Disturbance Permit is required for all commercial developments.
B. 
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;
(2) 
Construction of fencing that will not substantially alter existing terrain or drainage patterns. Fencing that does not allow water to flow through (i.e. is 50% flow through or elevated a minimum of 6" off of the ground) can be determined to be a substantial alteration;
(3) 
Construction of utilities other than drainage, such as gas, water, sewer, electric, telephone, 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 aquacultural use; and
C. 
The Stormwater Authority is authorized to enact regulations to effectuate the purposes of this bylaw, including but not limited to regulations outlining the application requirements for the different levels of review specified in Section A hereof. Any person that fails to follow the requirements of a Land Disturbance Permit and the related Erosion and Sedimentation Control Plan, and Operations and Maintenance Plan issued under the Stormwater Management Regulations or other orders of the Stormwater Authority shall be in violation of the Town of Hull Bylaws.
A. 
An applicant seeking an approval and/or permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this bylaw in regulations adopted by the Stormwater Authority and as may be required by the Stormwater Authority. Approval or permit must be obtained prior to the commencement of land disturbing or redevelopment activity based on thresholds described in the Stormwater Management Regulations. Decisions are valid for three years from the date of issuance unless an Extension, as outlined in the Stormwater Management Regulations, is granted.
B. 
Determinations and requirements that the Stormwater Authority imposes in accordance with this bylaw and its Regulations shall be incorporated to the extent necessary into any and all local permits and decisions.
Entry to perform duties under this bylaw. To the extent permitted by law, or if authorized by the owner or other party in control of the property or pursuant to court rule or order, the Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
The Stormwater Authority or its designee shall make inspections of the work subject to this Bylaw to determine compliance with the Bylaw and regulations and orders of the Stormwater Authority.
The Stormwater Authority may require the applicant to post before the start of land disturbance or construction activity or at a specific time, a surety bond, irrevocable letter of credit, cash, or other surety acceptable to the Stormwater Authority. The form of the surety shall be s required and approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit.
Land disturbance permit. Upon completion of work, the applicant shall submit a Final Report, including a topographical as-built plan stamped by a MA Professional Land Surveyor (PLS) and a MA Registered Professional Engineer (P.E.) as applicable, certifying that the site has been developed in substantial compliance with the approved plan including all permanent erosion control devices, stormwater management facilities and, and any approved changes and modifications. Any discrepancies from the approved plan should be noted in the cover letter. The final report shall also include documentation to verify the stormwater management system has been properly operated and maintained in accordance with the approved O&M Plan. Discrepancies shall be noted in the cover letter. The Stormwater Authority may accept said Final Report with or without conditions or may reject same or may require additional information before approving said report.