A. 
Article III of this bylaw shall apply to all land disturbance activities that result in disturbance of 10,000 square feet of land or more. 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 10,000 square feet of land or more. There are two levels of review based on the amount of proposed land to be disturbed as part of a single project and they are as follows:
(1) 
Administrative land disturbance review is required for projects disturbing between 10,000 square feet and 1/2 acre (21,780 square feet) of land.
(2) 
A land disturbance permit is required for disturbance of greater than 1/2 acre (21,780 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.
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;
(3) 
Construction of utilities other than drainage (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 as defined in 310 CMR 10.04; and
(5) 
Disturbance or redevelopment of land that is subject to jurisdiction under the Wetlands Protection Act[1] or the Plainville Wetlands Bylaw[2] that demonstrate compliance with the Massachusetts Stormwater Management Standards and the Town of Plainville Stormwater Management Regulations for the entire site, as reflected in a valid order of conditions issued by the Conservation Commission.
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 Subsection A hereof. Any person that fails to follow the requirements of an administrative land disturbance review approval, land disturbance permit and/or the related erosion and sedimentation control plan, and/or operation and maintenance plan issued under the stormwater management regulations shall be in violation of this bylaw.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
[2]
Editor's Note: See Ch. 472, Wetlands Protection.
C. 
An applicant seeking a review or permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this bylaw and in regulations adopted by the Stormwater Authority.
D. 
Each application must be accompanied by the appropriate application fee as established by the Stormwater Authority. Applicants shall pay the application fee before the review process commences.
Administrative land disturbance review approval or a land disturbance permit must be obtained prior to the commencement of land-disturbing activity or redevelopment based on thresholds established in this bylaw. 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 and in regulations adopted by the Stormwater Authority.
An applicant consents to entry of the Stormwater Authority or its authorized agents in or on the site to verify the information in the application and to inspect for compliance with review or permit conditions, and may make, or cause to be made, such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary. In the event of refusal to allow entry, the Town may take any and all action available to gain lawful entry for inspection.
The Stormwater Authority or its designated agent shall make inspections as outlined in the stormwater management regulations to verify and document compliance with administrative land disturbance review or a land disturbance permit.
The Stormwater Authority may require the applicant 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 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. The bond may not be fully released until the Stormwater Authority has received the final report as required by § 386-22 and issued a certificate of completion.
Upon completion of the work the applicant shall submit a report (including certified as-built construction plans) from a professional engineer (P.E.), surveyor, or certified professional in erosion and sedimentation control (CPESC), certifying that all BMPs, erosion and sedimentation control devices, and approved changes and modifications have been completed in accordance with the conditions of the approved erosion and sediment control plan and stormwater management plan. The Stormwater Authority may, by regulation, require ongoing reporting to ensure long-term compliance, including, but not limited to, appropriate operation and maintenance of stormwater BMPs. Any discrepancies shall be noted in the cover letter.
The Stormwater Authority shall issue a letter certifying completion of a project following receipt and review of a final report and as-built plan showing that all work allowed under the permit has been satisfactorily completed in conformance with this bylaw and any regulations enacted hereunder.