[HISTORY: Adopted by the Town Meeting of the Town of Avon 6-29-2020 ATM by Art. 10. Amendments noted where applicable.]
A.
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.
B.
This bylaw seeks to meet that purpose through the following objectives:
(1)
Establish the Town of Avon as the legal authority to ensure compliance
with the provisions of this bylaw and its accompanying Stormwater
Management Rules and Regulations through a reviewal process, inspections,
monitoring, and enforcement.
(2)
Establish administrative procedures for: the submission, review,
and approval or disapproval of stormwater management permits; the
inspection of approved active projects; and post-construction monitoring.
(3)
Establish decision-making processes surrounding new development and
redevelopment that protect watershed integrity and preserves and/or
restores the health of local water resources such as lakes, ponds,
streams, rivers, wetlands, and groundwater.
(4)
Ensure compliance with requirements of the United States Environmental
Protection Agency (EPA) 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.
For the purposes of this bylaw, the following terms shall have
the meanings indicated:
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 of Massachusetts or the federal government to
the extent permitted by law requesting a stormwater management 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.
Document issued by the Town of Avon Planning Board, its employees,
or authorized agents upon receipt of a final inspection report and
acknowledgement that all conditions of the stormwater management permit
have been satisfactorily completed.
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.
A written order issued by the Planning Board to enforce the
provisions 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 Avon, MA.
A permit issued by the EPA or jointly with the Commonwealth
of Massachusetts that authorizes the discharge of stormwater to waters
of the United States.
Any construction, land alteration, or addition of impervious
surfaces on previously undeveloped sites resulting in a total disturbance
of land 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 of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
Town of Avon Planning Board, its employees, or authorized
agents designated to enforce this bylaw.
A registered professional engineer in good standing.
Development, rehabilitation, expansion, demolition, or phased
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 disturbance
of land 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 Norfolk 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 Act Regulations, 310 CMR 10.00, as amended, and in the Town of Avon General Bylaws, Chapter 239, Wetlands, as amended.
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 Avon
at the spring 2020 Town Meeting and as amended.
A.
The Planning Board shall be the permit granting authority (PGA) for
this bylaw. 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 of a decision by the Planning Board or its reviewing
agent made under this bylaw shall be appealed 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 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 Avon no less than 14 days prior to the date of the
public hearing. Failure by the Planning Board to promulgate such rules
and regulations shall not have the effect of suspending or invalidating
this bylaw.
A.
No person may undertake a construction activity, including clearing,
grading, or 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 Avon 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 Avon publicly
owned roadways and associated drainage infrastructure;
(5)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by a Town department or board; and
(6)
Projects that are wholly subject to jurisdiction under the Wetlands
Protection Act and demonstrate compliance with the Massachusetts Stormwater
Management Handbook, the Town's Wetlands Protection Bylaw and
with the stormwater management performance standards of this bylaw
as reflected in an order of conditions issued by the Conservation
Commission.
A.
The Planning Board, or an authorized agent of the Planning Board,
shall enforce this bylaw, regulations, orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
The Planning Board 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 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 Avon 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 Avon, 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
or its agents 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 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 and registered P.E 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 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.
The Planning 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 Planning Board to ensure that the
work will be completed in accordance with the permit. If the project
is phased, the Planning Board 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 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.
