[HISTORY: Adopted by the Town Meeting of the Town of Norton 10-17-2016 FTM by Art. 13. Amendments noted where applicable.]
The purpose of this bylaw is to:
A. 
Adopt a local construction-term stormwater runoff control program to minimize or eliminate erosion and maintain sediment on site so that it is not transported to a water of the commonwealth;
B. 
Reduce the discharge of pollutants found in stormwater through the retention and treatment of stormwater during and after construction;
C. 
Ensure long-term operation and maintenance of stormwater drainage systems; and
D. 
Meet the Massachusetts MS4 General Permit mandates for the Town of Norton.
[Amended 5-8-2021 ATM by Art. 13]
This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
[Amended 5-8-2021 ATM by Art. 13]
The definitions of terms shall be consistent with Massachusetts Wetland Protection Act, MGL c. 131, § 40 and its implementing regulations, 310 CMR 10.00, and the Massachusetts (MA) Department of Environmental Protection (DEP) Stormwater Management Handbook, as amended from time to time (the "Handbook"), except that the following definitions shall apply in the interpretation and implementation of this bylaw:
ENFORCING AGENT
For purposes of this bylaw, the Conservation Director for matters over which the Conservation Commission has jurisdiction, the Building Commissioner for matters over which the Planning Board has jurisdiction, and/or any additional agent designated by the Stormwater Committee, and confirmed by the Select Board, shall be charged with enforcing the provisions of this bylaw.
EROSION
The process by which the ground surface is worn by natural forces, including but not limited to wind, water, ice, gravity, and glaciers or by artificial means.
GREEN INFRASTRUCTURE
A cost-effective, resilient approach to managing wet-weather impacts that reduces and treats stormwater at its source while delivering environmental, social, and economic benefits. Examples include rainwater harvesting, rain gardens, bioretention swales, permeable paving, and green roofs.
IMPERVIOUS SURFACE
Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: asphalt, concrete and other solid material; and may include roads, driveways, parking areas, buildings, rooftops, structures, artificial turf and compacted gravel or soil.
INFEASIBLE
Not technologically possible, or not economically practicable and achievable in light of best industry practices.
INFILTRATION
The act of conveying of surface water into the ground for the purpose of groundwater recharge and reduction of stormwater runoff from a project site.
LAND DISTURBANCE
An act by which soil is cleared, stripped, stockpiled, or any combination thereof; land disturbance for purposes of this bylaw section shall also include land-clearing activities including but not limited to grubbing, racking and clearing of vegetation.
LIST OF IMPAIRED WATERS
Refers to the Department of Environmental Protection's Massachusetts Integrated List of Waters.
LOW-IMPACT DEVELOPMENT (LID)
Techniques that manage rainfall at the source using uniformly distributed decentralized microscale controls.
OPERATOR
A. 
For the purposes of this bylaw and in the context of stormwater discharges associated with construction activity, an "operator" is any party associated with a construction project that meets either of the following two criteria:
(1) 
The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., applicant, property owner, engineer or architect); or
(2) 
The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., the contractor).
B. 
Where there are multiple operators associated with the same project, all operators may be held jointly and severally liable for ensuring compliance with this bylaw. Subcontractors generally are not considered operators for the purposes of this permit unless they are directly responsible for stormwater-related work.
PERIMETER CONTROL
A measure that prevents sedimentation through the use of controls (e.g., silt fence, wattles) at the extent of land-disturbing activities.
POLLUTANT
Natural and human-made materials that can contaminate and impair water quality when deposited into lakes, rivers, wetlands, and ground waters. These pollutants include, but are not limited to, dredged spoil; incinerator residue; filter backwash; munitions; biological materials; heat; wrecked or discarded equipment; fertilizers and herbieldes; chemical waste; chlorinated pool water; sewage and sewage sludge; solid waste; garbage; oil, grease, and toxic chemicals; construction sediment; rock, sand and cellar dirt; streambank erosion; irrigation runoff; bacteria and nutrients; pet and other animal wastes; yard waste and industrial, municipal and agricultural waste.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious surfaces resulting in total land disturbances 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 "new development" as defined in the 2017 Massachusetts MS4 General Permit.
RULES AND REGULATIONS
The rules and regulations promulgated under this bylaw unless otherwise specified.
SITE
Any lot or parcel of land, combination of lots, or area of property where land-disturbing activities are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STORMWATER
Any rainwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER COMMITTEE
A committee comprised of the Building Inspector, Conservation Director, Health Agent, Highway Superintendent, Town Planner, and Water/Sewer Superintendent and a resident representative.
STRIP
Any activity which removes the vegetative surface cover of land, including but not limited to tree removal, clearing, grubbing, and storage or removal of topsoil.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwaters, and vernal pools as defined in 314 CMR 4.00, Massachusetts Surface Water Quality Standards.
WATERS OF THE UNITED STATES
The same as defined in the Clean Water Rule: Definition of "Waters of the United States," 40 CFR 230.3.
WETLAND
Any resource area, subject to the Massachusetts Wetlands Protection Act, MGL c. 131, § 40.
No person shall clear, cut, grade, or perform any land-disturbing activity or perform any activity that will result in disturbed soil, impervious surface, an increased amount of stormwater runoff or pollutants flowing from a parcel of land, alteration of the drainage characteristics of a parcel of land, or create flows that enter the municipally owned storm drain system without first applying for and receiving a stormwater management permit (SMP).
A. 
All development and redevelopment projects shall be designed to meet the Department of Environmental Protection (DEP) Massachusetts Stormwater Management Standards ("the Standards") as described in the Stormwater Handbook ("the Handbook"), as revised, the Massachusetts MS4 General Permit, as revised and regulations promulgated by this bylaw;
[Amended 5-8-2021 ATM by Art. 13]
B. 
Any stormwater discharge leading to waters of the United States with a designated total maximum daily load (TMDL), or identified pollutant according to the most recent DEP List of Impaired Waters, shall be subject to best management practices (BMPs) to treat the pollutant of concern; and
[Amended 5-8-2021 ATM by Art. 13]
C. 
All post-construction stormwater management systems shall be maintained by the owner in accordance with an approved operation and maintenance (O&M) plan and a documented regular inspection schedule.
No person shall alter land within the Town of Norton without having obtained a stormwater management permit (SMP) for the property, with the following exceptions:
A. 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation (310 CMR 10.04) or exemptions applicable to agricultural or forestry operations, contained in the Wetlands Protection Act (MGL c. 131, § 40), provided best management practices of the Natural Resources Conservation Service (NRCS) are implemented;
B. 
Routine maintenance of vegetation and removal of dead or diseased limbs or trees, or removal of hazardous trees, control of noxious weeds or vines or to remedy a potential fire or health hazard or threat to public safety;
C. 
Projects accessory to a single-family dwelling, limited to construction of a deck, patio, retaining wall, shed, aboveground swimming pool, tennis or basketball court, replacement or expansion of less than 500 square feet of an existing driveway;
[Amended 5-8-2021 ATM by Art. 13]
D. 
Normal maintenance of existing lawfully located landscaping, gardens or lawn areas;
E. 
The construction of fencing that will not substantially alter existing terrain or drainage characteristics or patterns;
F. 
Construction of utilities other than stormwater management systems, which will not change existing grades, ground cover, or drainage characteristics or patterns;
[Amended 5-8-2021 ATM by Art. 13]
G. 
Fire-fighting activities;
H. 
Hydrant flushing or water main break repairs performed by the Water Department, provided that best management practices are used, or by the Norton Fire Department for emergencies;
[Amended 5-8-2021 ATM by Art. 13]
I. 
Routine maintenance of existing public ways, including reclamation and paving, and other routine maintenance activities that will not significantly alter the existing drainage patterns, provided best management practices are implemented; and
[Amended 5-8-2021 ATM by Art. 13]
J. 
Other construction activities which are specifically exempted from the application of this bylaw under the rules and regulations promulgated under this bylaw.
This bylaw shall not apply to any work or projects for which all necessary approvals and permits have been filed or issued prior to the effective date of this bylaw.
[Amended 5-8-2021 ATM by Art. 13]
Erosion prevention and stabilization of soils shall be required, including, but not limited to, perimeter controls, sediment controls, erosion controls, stabilized construction exits, catch basin inlet protection, daily street sweeping and other best management practices. Dust control, dewatering means and methods, and concrete washout areas shall be required. All disturbed areas not in active use for greater than 14 days shall be stabilized with temporary erosion controls. Any disturbed soils not permanently stabilized prior to October 15 of any year shall be temporarily stabilized to prevent erosion until active use resumes. Sediment controls shall not contain any nylon mesh or netting found to be a hazard to local wildlife. Hay bales shall not be used as sediment control due to the potential to spread invasive plant species. One-hundred-percent biodegradable controls are preferred, such as rolled erosion control products (e.g., mulch control netting, erosion control blankets, turf mats, mulch socks, fiber rolls, wattles, etc.), which must be 100% natural biodegradable material. Photodegradable, UV degradable or oxo-(bio)degradable plastics are not considered biodegradable.
[Amended 5-8-2021 ATM by Art. 13]
The operator shall provide waste containment and removal for demolition and construction debris, litter, sanitary wastes, chemical and materials storage, concrete washout, dewatering, and snow removal. The operator shall prepare and adhere to a pollution prevention control plan as defined in the rules and regulations promulgated under this bylaw during construction.
[Amended 5-8-2021 ATM by Art. 13]
All projects shall utilize low-impact development (LID) techniques and green infrastructure planning and design strategies unless determined to be infeasible by the issuing authority. Stormwater management systems design shall be consistent with, or more stringent than, the then-most recent Massachusetts DEP Massachusetts Stormwater Handbook, as it is amended from time to time. Infiltration shall be required consistent with Volume 2 of the Handbook or other federally or state-approved BMP design guidance.
[Amended 5-8-2021 ATM by Art. 13]
All eligibility requirements and definitions are the same as in the MA DEP Stormwater Management Handbook except as noted in this bylaw. Stormwater runoff from all industrial, commercial, institutional, office, residential and transportation projects, including site preparation, construction and redevelopment, and all point source discharges shall be managed according to the DEP Stormwater Management Standards as described in the Handbook, except for the addition of the following standards as required by the United States Environmental Protection Agency ("EPA") in the Massachusetts MS4 General Permit, as amended:
A. 
New development. Stormwater management systems on new development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 60% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements are achieved through one of the following methods:
(1) 
Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation tool provided by BPA Region 1, where available. If EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or state-approved BMP design guidance or performance standards (e.g., state stormwater handbooks and design guidance manuals) may be used to calculate BMP performance; or
(2) 
Retaining the volume of runoff equivalent to, or greater than, one inch multiplied by the total post-construction impervious surface area on the new development site; or
(3) 
Meeting a combination of retention and treatment that achieves the above standards; or
(4) 
Utilizing off-site mitigation that meets the above standards within the same USGS HUC12 as the new development site.
B. 
Redevelopment (as defined by the Massachusetts MS4 General Permit).
(1) 
All redevelopment shall comply with Stormwater Standards 1, 2, 3, 5, 6 and 9 of the Handbook to the maximum extent practicable; and
(2) 
Redevelopment projects shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 50% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site. Average annual pollutant removal requirements are achieved through one of the following methods:
(a) 
Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation tool provided by EPA Region 1, where available. If EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or state-approved BMP design guidance or performance standards (e.g., state stormwater handbooks and design guidance manuals) may be used to calculate BMP performance; or
(b) 
Retaining the volume of runoff equivalent to, or greater than, 0.8 inch multiplied by the total post-construction impervious surface area on the redeveloped site; or
(c) 
Meeting a combination of retention and treatment that achieves the above standards; or
(d) 
Utilizing off-site mitigation that meets the above standards within the same USGS HUC12 as the redevelopment site.
C. 
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions unless infeasible. Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of this bylaw and any other rules and regulations promulgated in accordance hereunder.
D. 
All soil tests shall be witnessed by a Massachusetts-approved Soil Evaluator of the Town.
[Amended 5-8-2021 ATM by Art. 13]
An operation and maintenance plan (O&M plan) is required at the time of application of the stormwater management plan (SMP) for all projects. The O&M shall be designed to ensure compliance with the permit, this bylaw, rules and regulations promulgated in accordance hereunder, and that the Massachusetts surface water quality standards, 314 CMR 4.00, are met in all seasons and throughout the life of the system. The O&M shall remain on file with the Conservation Commission, attached to the stormwater management plan, and shall be an ongoing and perpetual requirement of the owner. The owner has the responsibility to maintain the drainage system in accordance with the O&M and provide the Conservation Commission with documentation and an annual certification that the requirements of the O&M are met.
[Amended 5-8-2021 ATM by Art. 13]
Projects subject to this bylaw shall be determined by the Conservation Director to be either exempt, require an administrative approval, or shall require a stormwater management permit (SMP).
A. 
Exempt activities, refer to § 133-5 of this bylaw;
B. 
Administrative approval. Land alteration under one acre shall use best management practices (BMPs) to prevent sedimentation or erosion during construction. Plans shall contain clear notes and detail specifications illustrating the type of sediment or erosion control to be used, details for installation and maintenance, and the responsible party for installation, maintenance and removal of the sediment controls.
C. 
Stormwater management permit (SMP):
(1) 
Any alteration of greater than one acre of land shall require a stormwater management permit (SMP), and an application shall be filed with the Conservation Director. All applications shall be in writing on the form prescribed by the Conservation Director and shall include, at a minimum, all information listed below:
(a) 
A written application;
(b) 
Engineered plans;
(c) 
Drainage calculations;
(d) 
DEP stormwater checklist;
(e) 
Stormwater pollution prevention plan (SWPPP); and
(f) 
Other supporting documents, signed by the owner of the property on which the proposed activity is to be conducted.
The plans, documents and calculations submitted shall be stamped by a Massachusetts professional engineer or a certified professional in erosion and sediment control. The application shall be reviewed for compliance with the Massachusetts Stormwater Standards, DEP Stormwater Handbook, as revised, the Town of Norton National Pollutant Discharge Elimination System (NPDES) Permit (including the 2017 Massachusetts MS4 Permit), and regulations promulgated by this bylaw. The drainage calculations may be sent for a peer review. The applicant may be responsible for the cost of the peer review. The Conservation Director shall issue a stormwater management permit within 21 business days of the receipt of the approval of the application and/or positive peer review, as defined in the rules and regulations.
(2) 
Upon receipt of a complete application for an SMP; the Conservation Director shall distribute notice to the Department of Planning and Economic Development, Department of Public Works, Board of Health, Water and Sewer Department and Building Department for review and comment. Said agencies shall, in their discretion, investigate the case and report their recommendations. The Conservation Director shall not issue an SMP until reports have been received from said departments, or until 14 days have elapsed without submission of a report thereon.
(3) 
For a project receiving an order of conditions issued by the Conservation Commission or its enforcing agent, the Conservation Commission or its enforcing agent shall administer and enforce the stormwater bylaw.
(4) 
For a project receiving permits from both the Conservation Commission and the Planning Board, the Conservation Commission or its enforcing agent shall administer and enforce the SMP;
(5) 
A project not within Conservation Commission jurisdiction, receiving site plan approval or special permit from the Planning Board shall be administered and enforced by the Planning Board;
(6) 
The following actions may be made as a result of an application for a stormwater management permit (SMP) and may be more specifically defined in the regulations promulgated as a result of this bylaw: approve, approve with conditions, or deny.
(7) 
Provision of the rules and regulations promulgated under this bylaw may be waived, except those portions specifically required by the most recent Massachusetts MS4 general permit when:
(a) 
It is an overriding public interest; or
(b) 
It is not inconsistent with the purposes of this bylaw.
(8) 
An SMP shall be valid for one year and may be extended upon written request received not less than 30 days prior to its expiration. Permits issued concurrently with an order of conditions-site plan-approval or special permit shall be valid for the life of the respective permit.
(9) 
Any requested changes in the final approved plan shall require a new pre-activity review and approval of the Conservation Director, Conservation Commission or Planning Board, whichever applies. Any request for a change in the final approved plan shall be submitted in writing, clearly identifying the proposed change and clearly illustrating on a plan prepared by a registered professional engineer. The Conservation Director, Conservation Commission or Planning Board may determine that the change is minor, and if an amended SMP is required.
(10) 
At the end of the project, prior to occupancy of any dwelling or business, and upon completion of permanent site stabilization, the applicant shall submit an as-built plan and a request for a certificate of compliance (COC). The Conservation Director, Conservation Commission or Planning Board consulting engineer, whichever applies, shall conduct a site inspection prior to granting a COC and releasing any performance bond or other security. The Conservation Director, Conservation Commission or Planning Board, whichever applies, may issue a COC for work that is satisfactorily completed or deny the request if work was not completed according to the approved permit and plans.
[Amended 5-8-2021 ATM by Art. 13]
The members of the Stormwater Committee shall be authorized to conduct an inspection of work to ensure compliance with the terms of this bylaw and any respective permit during regular business hours. The operator may be required to submit periodic written reports consistent with the SWPPP. Access to the property shall be granted for the purpose of inspections for compliance with the stormwater permit and requirements of the bylaw.
A nonrefundable application fee schedule shall be promulgated for review of projects under this bylaw. Payment of fees for peer review of drainage calculations and the stormwater system may be required under the accepted the provisions of MGL c. 44, § 53E.
[Amended 5-8-2021 ATM by Art. 13]
The operator may be required to post a cash escrow, as a condition of a permit, in form and content approved by the Treasurer/Collector before construction may commence. This bond shall ensure that the site is temporarily stabilized during construction and permanently stabilized upon the completion of construction activities.
[Amended 5-8-2021 ATM by Art. 13]
When the Town is requested to accept a road, stormwater management system, and/or a stormwater BMP for a subdivision of three or more housing units the Town shall have the option to refuse or accept it. If the Town accepts the stormwater management system, the owner or operator shall submit a one-time financial contribution toward the maintenance of each stormwater BMP (e.g., swale, manhole, catch basin, infiltration basin, detention basin, retention basin or underground treatment/storage BMP) and separate contribution for every acre of disturbed land to the Stormwater Management Revolving Fund to compensate the Town for ongoing maintenance.
[Amended 5-8-2021 ATM by Art. 13]
The Stormwater Committee, its employees or duly appointed enforcing agents shall administer, implement and enforce this bylaw. After public notice and public hearing, the Stormwater Committee may adopt, and periodically amend, 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 Stormwater Committee, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven days prior to the hearing date. Failure by the Stormwater Committee to promulgate 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 bylaw. In the event of any conflict between the bylaw and such rules and regulations, the bylaw shall prevail.
A. 
The Stormwater Committee, its employees or duly appointed enforcing agents shall enforce this bylaw, any rules and regulations, orders, violation notices, and enforcement orders issued pursuant thereto, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any stormwater regulations promulgated under this bylaw.
[Amended 5-8-2021 ATM by Art. 13]
B. 
In the event that any person holding a stormwater permit pursuant to this bylaw violates the terms of the permit, the Stormwater Committee, its employees or duly appointed enforcing agents may issue a stop-work order, require repair or clean up, suspend activity, issue a fine or revoke the stormwater permit.
[Amended 5-8-2021 ATM by Art. 13]
C. 
The Stormwater Committee, its employees or duly appointed enforcing agents may seek remedies under this bylaw or any rules and regulations promulgated hereunder, including instituting a civil action, when so authorized by the Board of Selectmen, to obtain an injunction, or seeking criminal fines of up to $300 per violation per day, and/or issuance of noncriminal citations in accordance with MGL c. 40, § 21D and these general bylaws of $100 for the first violation, $200 for the second violation, and $300 for the third and any subsequent violations, with each day a violation exists constituting a separate violation.
[Amended 5-14-2018 ATM by Art. 19; 5-8-2021 ATM by Art. 13]
D. 
If the Stormwater Committee, its employees or duly appointed enforcing agents determines that abatement or remediation of erosion and sedimentation is required, the Stormwater Committee, its employees or duly appointed enforcing agents shall send a written order setting 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 Norton may, at its options in law and in equity, to ensure compliance with this bylaw, up to and including filing suit in Superior Court.
[Amended 5-8-2021 ATM by Art. 13]
E. 
The alleged violator shall respond to the written order for abatement or remediation in writing within 14 calendar days to either:
[Amended 5-8-2021 ATM by Art. 13]
(1) 
Agree to the remedy; or
(2) 
Request a hearing before the municipal hearing officer.
(3) 
The Stormwater Committee shall schedule a hearing not later than seven days after receiving the request. The Stormwater Committee shall duly notify the alleged violator of the date, time and location of the hearing.
(4) 
Failure to respond to a written order for abatement or remediation within 14 calendar days will result in waiver to contest said order.
F. 
Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.
G. 
A decision made under this bylaw may be reviewable by a court of competent jurisdiction.
[Amended 5-8-2021 ATM by Art. 13]
The Conservation Commission, within its available resources, may provide education programs on soil erosion and sediment control to the general public and persons regulated by this bylaw. Workshops and seminars are intended to provide guidelines and advice to ease the permit application process and foster acceptance of sound erosion and sedimentation control practices.
If any provision of this bylaw is held to be invalid, such invalidity shall not affect any other provision of this bylaw.