This article provides provisions for a basis for the development
of articles related to the management of stormwater runoff and installation
of erosion control measures in the Town of Norwell, (the "Town") including
the purpose, definitions, authority, administration and accompanying
regulations outlined and authorized by this chapter.
The purpose of this Stormwater Management and Erosion Control
Bylaw is to protect, maintain, and enhance the public health, safety,
general welfare, and environment by regulating illicit connections
and discharges to the municipal storm drain system and controlling
the adverse effects of construction site stormwater runoff and post-construction
runoff throughout Norwell. The United States Environmental Protection
Agency has identified land disturbance and polluted stormwater runoff
as major sources of water pollution. The regulation of stormwater
runoff and of illicit connections and discharges to the municipal
storm drain system are necessary to safeguard the public health, safety,
welfare, environment, drinking water, and other natural resources
of the Town.
A.
Stormwater runoff is potentially a major cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands groundwater and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream coastal areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Overloading or clogging of municipal stormwater management systems;
and
(6)
Flooding.
B.
The objectives of this chapter are to:
(1)
Protect water resources;
(2)
Comply with state and federal statutes and regulations relating to
stormwater discharges, including total maximum daily load requirements;
(3)
Prevent pollutants from entering the Town's storm drain systems and
reduce or eliminate pollutants entering the Town's storm drain systems
from existing uses;
(4)
Prohibit illicit connections, unauthorized discharges, and obstructions
to the municipal storm drain system;
(5)
Require the removal of all such illicit connections and obstructions;
(6)
Establish minimum construction and post-construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
(7)
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 adequately maintained, and pose no threat to public safety; and
(8)
Establish the legal authority to ensure compliance with the provisions
of this chapter and to ensure compliance with the provisions of this
chapter through inspection, monitoring, and enforcement.
In this chapter, the following terms shall have the following
meanings unless a contrary meaning is required by the context or is
specifically prescribed. Words used in the singular include the plural
and words used in the plural include the singular. Words used in the
present tense include the future. Additional definitions can be found
in the Stormwater Management and Erosion Control Regulations:
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.
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 either an administrative land disturbance review
or a land disturbance permit for proposed land-disturbing activity.
Town of Norwell Conservation Commission, or its authorized
agent(s), employee(s), and designee(s).
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A document issued by the Conservation Commission after all
construction activities have been completed, which states that all
conditions of an issued land disturbance permit have been met and
that a project has been completed in compliance with the conditions
set forth in the SWMP.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The modification of land in any manner to accommodate a new
use, replacement of use, or expansion of use, usually involving construction.
The addition from any source, point or non-point, of any
pollutant or combination of pollutants into the municipal storm drain
system or into the waters of the United States, Commonwealth or Town
from any source.
See "land-disturbing activity."
The wearing away of the land surface by natural or artificial
forces such as, but not limited to: wind, water, ice, gravity, excavation,
regrading, or vehicle traffic and the subsequent detachment and transportation
of soil particles.
A document containing a narrative, drawings, and details
developed by a registered professional civil engineer (PE) or a certified
professional in erosion and sedimentation control (CPESC), which includes
best management practices, or equivalent measures designed to control
surface runoff and erosion and sedimentation during pre-construction
and construction-related land disturbance activities.
Water beneath the surface of the ground including confined
or unconfined aquifers.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including
but not limited to: sewage, fresh water (that is not composed of clean
naturally flowing/occurring stormwater), process wastewater, 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 chapter.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of clean naturally flowing/occurring stormwater. "Illicit discharge" does not include a discharge in compliance with a NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 65-12 of this chapter.
Any material or structure on, in the surface of, or above
the ground that prevents water from infiltrating the underlying soil.
"Impervious surface" includes but is not limited to: roads, paved
parking lots and driveways, hard packed gravel roads, gravel driveways
and parking lots (or those containing crushed material that becomes
impervious on contact with groundwater), patios, sidewalks, structures,
and rooftops and similar.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Land uses or activities with higher potential pollutant loadings,
as defined in the Massachusetts Stormwater Management Regulations
such as auto salvage yards, auto fueling facilities, fleet storage
yards, commercial parking lots with high intensity use, road salt
storage areas, commercial nurseries and landscaping, outdoor storage
and loading areas of hazardous substances, and marinas.
Any action or activity that causes a change in the position,
location or arrangement of trees, vegetation, water, soil, sand, rock,
gravel, or similar earth material.
A piece of land that has been altered from its natural state
and contains a variety of mixed plantings (rather than just lawn)
or an area of planting in conjunction with the installation of other
landscape features - walks, walls, patios, fountains, etc.
A piece of land cleared of trees typically consisting of
an area of mowed and/or cultivated grass (sod, seed, hydro seed, etc.)
that is cut regularly to keep it short.
The regulations 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 the Massachusetts
Clean Waters Act, (MGL c. 21, §§ 23 through 56). The
regulations address 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.
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 (whether isolated from or connected to other jurisdictional
wetland resources), reservoir, and other drainage structure that together
comprise any storm drainage system.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that regulates
the discharge of pollutants to waters of the United States.
Precipitation, atmospheric deposition, drainage, seepage,
or hydrologic modification that picks up pollutants as it moves across
the ground.
Discharge to the municipal storm drain system not composed
entirely of naturally occurring clean stormwater.
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation, maintenance, repair, and replacement
of a stormwater management system to ensure that it continues to function
as designed.
The point at which stormwater flows out from a point source
into municipal waters or waters of the commonwealth.
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.
Any discernible conveyance, including but not limited to,
any pipe, ditch, channel, tunnel, distributed sheet flow, conduit,
well, discrete fissure, or container from which pollutants are or
may be discharged.
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 stormwater conveyance, storm sewer, water works
or waters of the commonwealth, or the Town. Pollutants shall include
but are not limited to:
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, ordnance, 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;
Noxious or offensive matter of any kind; and
Invasive species.
All activities performed in preparation for construction.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb vegetation or the ground surface or increase
the impervious area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface. Discharge from any point source of water, clean or
polluted, into the municipal storm drain or street system or into
the waters of the United States, commonwealth or Town from any source.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of vertical
distance to horizontal distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
Town of Norwell Conservation Commission, or its authorized
agent(s), employee(s), and designee(s).
A plan required as part of the application for a land disturbance
permit.
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, general welfare, or to the environment. "Toxic or
hazardous materials" include but are not limited to: any synthetic
organic chemical, petroleum product, heavy metal, radioactive or infectious
waste, acid and alkali, and any substance defined as "toxic" or "hazardous"
under the Massachusetts Hazardous Waste Management Act, (MGL c. 21C)
and the Massachusetts Oil and Hazardous Material Release Prevention
and Response Act, (MGL c. 21E), and the implementing regulations at
310 CMR 30.000 and 310 CMR 40.000.
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.
A natural or man-made channel through which, or defined surface
flow across which, water flows or a stream of water, including a river,
brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
but not limited to: rivers, streams, lakes, ponds, vernal pools, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
As defined in the Massachusetts Wetlands Protection Act, (MGL. c. 131, § 40) or Norwell Town Code Chapter 61, Art. I, Wetlands Protection. Typically tidal and non-tidal areas are characterized by at least two of the three following: hydric soils, seasonally high groundwater during the growing season, and capable of supporting wetland vegetation. Examples include, but are not limited to: freshwater marshes, ponds, water bodies, land under water bodies and waterways, channels, rivers, streams, brackish and salt water marshes, and vernal pools.
This chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and the Phase II ruling from the United
States Environmental Protection Agency found in the December 8, 1999,
Federal Register.
A.
The Conservation Commission, acting as the Stormwater Authority,
shall administer, implement, and enforce this chapter. Any powers
granted to or duties imposed upon the Stormwater Authority may be
delegated in writing by Stormwater Authority to any authorized agents,
employees, or designees.
A.
Following a public hearing on a waiver request, the Stormwater Authority
may waive strict compliance with any requirement of this chapter or
the regulations 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 and documentation supporting the waiver request under § 65-5A(1) through (3) above, and demonstrating that strict application of the Bylaw does not further the purposes or objective of this chapter.
C.
If, in the Stormwater Authority's opinion, additional time or information
is required for review of a waiver request, the Stormwater Authority
may continue a hearing to a date, time, and place certain, announced
at the meeting. In the event the applicant objects to a continuance,
or fails to provide requested information, the waiver request shall
be denied.
This chapter is intended to further the objectives of and to
act in concert with any existing federal, state or local laws concerning
stormwater discharges in the Town of Norwell, including but not limited
to the requirements of the United States Environmental Protection
Agency's most recent general permit for MS4s, and nothing in this
chapter is intended to limit or restrict the authority of any board,
committee, commission, or officer of the Town to act in accordance
with any federal, state, and local laws within their jurisdiction,
and in the event of a conflict, the more stringent requirements shall
control.
A.
The Stormwater Authority may adopt, and periodically amend, rules, regulations, and/or written guidance relating to the terms, conditions, definitions, enforcement, fees, procedures, and administration of this chapter by majority vote after conducting a public hearing to receive comments. Such hearing shall be advertised in a newspaper of general local circulation, once in each of two successive weeks, the first publication being at least 14 days prior to the hearing date. Failure of the Stormwater Authority to issue such rules and regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this chapter.
B.
Such rules, regulations, and/or guidance may include, without limitation, provisions for the establishment of one or more categories of administrative review approvals for specific types or sizes of projects. Administrative review applications that meet all the standard requirements may be issued by one or more authorized agents, employees, or designees designated in writing by the Stormwater Authority, without the requirement for a public hearing as detailed in Article III of this chapter. Administrative review approval shall comply with all other provisions of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this chapter 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 chapter.
