[HISTORY: Adopted by the Town Meeting of the Town of Chelmsford 6-17-2021 by Art. 31. Amendments noted where applicable.]
A.
The purpose of this bylaw is to protect public health, safety, general
welfare, and the environment by regulating illicit connections and
discharges to the storm drain system, as well as to control the adverse
effects of construction site stormwater runoff and post-construction
runoff. Stormwater runoff can be a major cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
coastal waters, 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 bylaw 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
and with the General Permit for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems in Massachusetts, issued by the U.S.
Environmental Protection Agency and the Massachusetts Department of
Environmental Protection ("MS4 Permit");
(3)
Prevent and reduce pollutants from entering the Chelmsford municipal
separate storm sewer system (MS4);
(4)
Establish minimum construction and post construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
(5)
Establish provisions for the long-term responsibility for, and maintenance
of, structural stormwater control facilities and nonstructural stormwater
best management practices to ensure that they continue to function
as designed, and pose no threat to public safety; and
(6)
Recognize Chelmsford's legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring,
and enforcement.
Unless a different definition is indicated in other sections
of this bylaw, the following definitions and provisions shall apply
throughout this bylaw:
Review and approval by the DPW Director of a land disturbance
activity that does not require a land disturbance permit because of
its size and/or scope.
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 or
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 a land disturbance permit or administrative land
disturbance approval.
Drawings that completely record and document applicable aspects
and features of conditions of a project following construction using
stormwater management plans derived from a land disturbance permit.
Schedules of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants to waters
of the United States. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
A "larger common plan of development or sale" is a contiguous
area where multiple separate and distinct construction activities
may be taking place at different times on different schedules under
one plan.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a qualified professional 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, erosion and sedimentation during pre-construction and construction
related land disturbing activities.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
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, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.00 and 310 CMR 40.00.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or 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 bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 142-6B(6). The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities and other activities exempted pursuant to § 142-6B(6).
Any surface that prevents or significantly impedes the infiltration
of water into the underlying soil. This can include but is not limited
to: roads, driveways, parking areas and other areas created using
nonporous material; buildings, rooftops, structures, and compacted
gravel or soil.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
A permit issued by the DPW Director pursuant to this bylaw
prior to commencement of land disturbing activity.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing, grading,
or excavating, including grubbing; or results in an alteration of
drainage characteristics.
Site planning and design strategies that use or mimic natural
processes that result in the infiltration, evapotranspiration or use
of stormwater in order to protect water quality and associated aquatic
habitat. LID employs principles such as preserving and recreating
natural landscape features, minimizing effective imperviousness to
create functional and appealing site drainage that treat stormwater
as a resource rather than a waste product. LID practices include but
are not limited to bioretention facilities, rain gardens, vegetated
rooftops, rain barrels and permeable pavements.
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 Chelmsford.
A permit issued by the EPA that authorizes the discharge
of pollutants to waters of the United States.
Any construction activities or land alteration on an area
that has not previously been developed to include impervious cover.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and man-made pollutants finally
depositing them into a water resource area.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
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, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating
craft from which pollutants are or may be discharged.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, animal
waste, oil and other automotive fluids, yard waste, biological materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, construction
wastes and residues including discarded building materials, concrete
truck wash out, chemicals, litter, and sanitary wastes and industrial,
municipal and agricultural waste discharged into water.
All activity in preparation for construction.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
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.
The areal extent of construction activities, including but
not limited to the creation of new impervious cover and improvement
of existing impervious cover.
Any earth, sand, rock, gravel, or similar material.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
The Town of Chelmsford Department of Public Works Director
(DPW) or its authorized agent(s).
A document containing narrative, drawings, details and reporting
requirements developed by a qualified professional engineer (PE),
which describes structural and nonstructural best management practices
designed to control the discharge of pollutants from impervious surfaces
and on-site activities as well as the volume and peak rate of surface
runoff from a site on an ongoing basis after construction has been
completed.
Section 303(d) of the Clean Water Act authorizes the EPA
to assist states, territories and authorized tribes in listing impaired
waters and developing total maximum daily loads (TMDLs) for these
water bodies. A TMDL establishes the maximum amount of a pollutant
that a waterbody can accept and still meet water quality standards
for protecting public health and maintaining the designated beneficial
uses of those waters for drinking, swimming, recreation, and fishing.
A TMDL includes waste load allocations for point source discharges,
Load allocations for nonpoint sources and/or natural background and
must include a margin of safety and account for seasonal variations.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, groundwater, and waters of the
United States as defined under the Federal Clean Water Act as hereafter
amended.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution and the Massachusetts
home rule statute.
A.
The DPW Director or its authorized agent shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the DPW Director may be delegated by the DPW Director to its employees
or agents.
A.
The DPW Director, or its authorized agent, may waive strict compliance
with any requirement of this bylaw or the rules and regulations promulgated
hereunder, where such action is:
B.
Any person seeking a waiver must submit a written waiver request.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the bylaw does not further the purposes or objectives of this bylaw.
C.
If in the opinion of the DPW Director or its authorized agent, additional
time or information is required for review of a waiver request, the
DPW Director may request additional time for review. In the event
the applicant objects to a continuance, or fails to provide requested
information, the waiver request shall be denied.
A.
The DPW Director shall adopt, and may periodically amend, regulations,
rules and/or written guidance relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
Management bylaw.
B.
Stormwater management regulations, rules or guidance shall identify
requirements for administrative land disturbance approval and land
disturbance permits required by this bylaw and consistent with or
more stringent than the relevant requirements of the most recent MS4
Permit.
C.
Stormwater Management regulations may identify one or more categories
of projects requiring an administrative land disturbance approval
that, because of their size, scope and common features or characteristics,
may be approved the DPW Director. For such projects, the DPW Director
will identify minimum stormwater management standards pursuant to
this bylaw, compliance with which is required before the project is
approved.
The DPW Director or its authorized agent shall enforce this
bylaw, and any associated regulations, orders, violation notices,
and enforcement orders and may pursue all civil and criminal remedies
for such violations.
A.
Criminal and civil relief.
(1)
Any person who violates the provisions of this bylaw, or any associated
regulations, permit, or order issued thereunder, may be subject to
criminal penalties and prosecution in a court of competent jurisdiction
and/or a fine of not more than $300 per violation. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
(2)
The DPW Director 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.
B.
Orders.
(1)
The DPW Director or its authorized agent may issue a written order to enforce the provisions of Article II of this bylaw or any associated regulations or permit. Violations include, without limitation, failure to obtain a land disturbance permit or administrative review for an activity subject to this bylaw, or failure to follow the requirements of a land disturbance permit and the related erosion and sedimentation control plan, or operations and maintenance plan or any other authorization issued pursuant to this bylaw or regulations issued hereunder. The written order may require the violator to remediate the noncompliance and/or any adverse impact caused by it, including without limitation:
(a)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw and provisions of the land
disturbance permit or other authorization;
(b)
Maintenance, installation or performance of additional erosion
and sediment control measures;
(c)
Monitoring, analyses, and reporting;
(d)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity;
(e)
Construction, reconstruction, repair or maintenance of stormwater
BMPs or any other aspect of the post-construction stormwater management
system;
(f)
Remediation of adverse impacts resulting from improper construction
or operation of the post-construction stormwater management system;
and/or
(g)
A requirement to eliminate discharges, directly or indirectly,
into the MS4, a watercourse or into the waters of the commonwealth.
(2)
If the DPW Director or its authorized agent determines that abatement
or remediation of contamination is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further provide that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town of Chelmsford may, at its option, undertake such work, and
expenses thereof shall be charged to the violator.
(3)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner will be notified of the costs incurred by the Town including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the DPW Director
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 DPW Director affirming or reducing the costs, or from a final
decision of a court of competent jurisdiction affirming or reducing
the costs, the costs shall constitute a municipal charge for purposes
of MGL c.40, § 58, and a lien may be imposed on the property
for the amount of the unpaid charge, pursuant to MGL c.40, § 58.
Interest shall begin to accrue on any unpaid costs at the statutory
rate provided in MGL c. 59 § 57 on the 31st day after the
costs first become due.
C.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town of Chelmsford may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the designated agents of the DPW Director shall be the
enforcing persons. The penalty for the first violation shall be a
warning. The penalty for the second violation shall be $100. The penalty
for the third and subsequent violations shall be $300. Each day or
part thereof that such violation occurs or continues shall constitute
a separate offense.
D.
Entry to perform duties under this bylaw. To the extent permitted
by local, state or federal law, or if authorized by the owner or other
party in control of the property, the DPW Director, 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 DPW Director deems reasonably necessary.
F.
Remedies not exclusive. The remedies listed in this section are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw 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 bylaw.
A.
These regulations shall apply to all construction activity or land
disturbance that individually or as part of a common plan of development
resulting in disturbance of land in excess of the thresholds below.
(1)
Administrative land disturbance approval is required for projects
disturbing between 20,000 square feet and one acre (43,560 square
feet) of land.
(2)
A land disturbance permit is required for disturbance of one acre
(43,560 square feet) or more of land, or for the disturbance of more
than 5,000 square feet of land where the proposed use is a land use
of higher potential pollutant loads pursuant to the Massachusetts
Stormwater Management Standards or the DPW Director determines that
an administrative land disturbance approval is not sufficient.
B.
The following activities are exempt from the provisions of Subsection A:
(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, electric,
telephone, etc.) which will not alter terrain or drainage patterns
or result in discharge of sediment or other pollutants to the MS4
or, directly or indirectly, to a watercourse or waters of the commonwealth;
(4)
Normal maintenance and improvement of land in agricultural or aquacultural
use, as defined by the Massachusetts Wetlands Protection Act regulation
310 CMR 10.04.
(5)
Municipal roadway maintenance including crack sealing, milling, paving
and sidewalk construction and repair.
(6)
Maintenance of a stormwater treatment structure conducted in such
a way that does not cause discharge of sediment or other pollutants
to the MS4, or, directly or indirectly, to a watercourse or waters
of the commonwealth;
C.
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, shall be in violation of this bylaw.
A.
An administrative land disturbance approval or land disturbance permit
must be obtained prior to the commencement of any construction activity
or land disturbance for which such a review or permit is required.
An applicant seeking a review or permit shall file an appropriate
application with the DPW Director in a form and containing information
as specified in this bylaw and in regulations adopted by the DPW Director.
B.
Each application must be accompanied by the appropriate application
fee as established by the DPW Director. Applicants shall pay the application
fee before the review process commences. The DPW Director is authorized
to retain a registered professional engineer (PE) or other professional
consultant to advise the DPW Director on any or all aspects of the
application and/or the project's compliance with conditions of
a review or permit. The DPW Director may require the applicant to
pay reasonable costs to be incurred by the DPW Director for the employment
of outside consultants pursuant to DPW Director regulations as authorized
by MGL c. 44, § 53G.
C.
Required submittals to obtain a land disturbance permit shall include
(without limitation) an erosion and sedimentation control plan, a
stormwater management plan, and an operation and maintenance plan.
To obtain a land disturbance permit, the applicant must show that
site design, construction site stormwater runoff control and post-construction
stormwater management will meet the standards set by the DPW Director
in its regulations, rules and/or guidance, which shall be at least
as stringent as the relevant requirements of the MS4 Permit and may
also address relevant environmental considerations including (without
limitation) protection of aquifers and sensitive water bodies, climate
resilience, and prevention of flooding.
D.
The land disturbance permit shall include measures to ensure adequate
long-term operation and maintenance of stormwater management design
features and BMPs. The DPW Director may impose requirements including
(without limitation) the following:
(1)
A requirement that funds for future operation and maintenance be
set aside in a dedicated fund or escrow account;
(2)
A permanent permit condition requiring compliance with an operation
and maintenance plan;
(3)
A permanent permit condition requiring that the property owner submit
an annual report or certification regarding operation and maintenance;
(4)
A requirement to record the operation and maintenance plan (or notice
thereof);
(5)
A requirement that a legal instrument be put in place establishing
responsibility for operation and maintenance of a stormwater BMP serving
more than one lot; and
(6)
A requirement that an easement be recorded allowing the Town to access
a stormwater BMP to remedy any operational failure or maintenance
problem.
By signing the permit application, an applicant consents to
the entry of members of the DPW Director or its authorized agents
in or on the site while the application is under review to verify
the information in the application, and at any time after a review
or permit is issued to inspect for compliance with review or permit
conditions.
The DPW Director or its designated agent shall make inspections
to verify and document compliance with the administrative land disturbance
approval or land disturbance permit.
The DPW Director 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 DPW Director and be
in an amount deemed sufficient by the DPW Director to ensure that
the work will be completed in accordance with the permit. If the project
is phased, the DPW Director may release part of the bond as each phase
is completed in compliance with the permit. If the permittee defaults
on any obligations imposed by the land disturbance permit, the DPW
Director may (after notification of the permittee) inform the holder
of the security (and the municipal treasurer if the treasurer is not
holding the funds) of the default, in which event the Town shall be
entitled to the security funds.
Upon completion of the work and no later than one year after
completion of construction, the holder of a land disturbance permit
shall submit a report (including certified as-built construction plans)
from a professional engineer (PE), surveyor, or certified professional
in erosion and sedimentation control (CPESC), certifying that the
project has been completed in accordance with the conditions of the
land disturbance permit. The as-built drawings must depict all on
site controls, both structural and nonstructural, designed to manage
the stormwater associated with the completed site (post construction
stormwater management). Any discrepancies with the approved permit
plans shall be noted in the cover letter submitting the report and
as-built plans.
