[HISTORY: Adopted by the Annual Town Meeting of the Town
of Southampton 6-12-2021 by Art.
12 (Art. XLVII of the General Bylaws). Amendments noted where applicable.]
A.
Purpose.
(1)
The purpose of this bylaw is to better manage land development in
order to protect, maintain, and enhance the public health, safety,
and general welfare of the citizens of Southampton by establishing
minimum requirements and procedures to control the adverse impacts
associated with stormwater runoff.
(2)
The proper management of stormwater runoff will meet the following
objectives:
(a)
Reduce the adverse water quality impacts of stormwater discharges
to rivers, lakes, reservoirs and streams in order to attain federal
water quality standards.
(b)
Prevent the discharge of pollutants, including hazardous chemicals,
into stormwater runoff.
(c)
Minimize the volume and rate of stormwater that is discharged
to rivers, streams, reservoirs, lakes and combined sewers that flows
from any site during and following development.
(d)
Prevent erosion and sedimentation from land development, and
reduce stream channel erosion caused by increased runoff.
(e)
Provide for the recharge of groundwater aquifers and maintain
the base flow of streams.
(f)
Provide stormwater facilities that are attractive, maintain
the natural integrity of the environment, and are designed to protect
public safety.
(g)
Maintain or reduce predevelopment runoff characteristics after
development to the maximum extent feasible.
(h)
Minimize damage to public and private property from flooding.
(i)
Ensure that these management controls are properly maintained.
(3)
This bylaw and its associated regulations are also intended to bring
the Town of Southampton into compliance with requirements in the United
States Environmental Protection Agency National Pollutant Discharge
Elimination System (NPDES) General Permit for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems in Massachusetts
("Massachusetts Small MS4 General Permit").
B.
Authority. The Southampton Planning Board will serve as the Stormwater
Authority and shall administer, implement, and enforce this bylaw.
Any powers granted to or duties imposed upon the Planning Board hereunder
may be delegated in writing by the Planning Board to any Town official,
including but not limited to the Highway Superintendent.
The following definitions describe the meaning of the terms
used in this bylaw:
Means any deleterious effect on waters or wetlands, including
their quality, quantity, surface area, species composition, aesthetics
or usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
Is any activity that will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. "Alter" may be similarly represented as "alteration
of drainage characteristics" and "conducting land disturbance activities."
Is the Southampton Planning Board, including its agents designated
to enforce this bylaw.
Are structural or biological devices that temporarily store
or treat stormwater runoff to reduce flooding, remove pollutants,
and provide other amenities. They can also be nonstructural practices
that reduce pollutants at their source. BMPs are described in the
Massachusetts Stormwater Handbook defined below.
[Amended 5-9-2023 ATM
by Art. 31]
Is disturbance of the ground by removal of vegetative surface
cover or topsoil, grading, excavation, clearing and/or filling.
Is a rainfall event of specified size and return frequency
that is used to calculate the runoff volume and peak discharge rate
to a BMP.
Is the temporary storage of storm runoff in a BMP, which
is used to control the peak discharge rates, and which provides gravity
settling of pollutants.
Is any land clearing, grading, bulldozing, digging or similar
activities.
Is the wearing away of the land surface by natural or artificial
forces, such as wind, water, ice, gravity, or vehicle traffic, and
subsequent detachment and transportation of soil particles.
Is a document containing narrative, drawings and details,
developed by a qualified professional engineer (PE) or a certified
professional in erosion and sedimentation control (CPESC), that includes
best management practices or equivalent measures designed to control
surface runoff, erosion, and sedimentation during construction and
construction-related land disturbance activities.
Is a local and temporary inundation or a rise in the surface
of a body of water, such that it covers land not usually under water.
Is a plan for the cutting of trees on forest land that is
prepared and submitted in accordance with MGL c. 132, §§ 40
to 46. The forest cutting plan requires approval by a Service Forester
of the Massachusetts Department of Conservation and Recreation, as
provided under 302 CMR 16.00 et seq.
[Amended 5-9-2023 ATM
by Art. 31]
Means changing the level or shape of the ground surface.
Is all water beneath any land surface, including water in
the soil and bedrock beneath water bodies, but not including water
in man-made structures.
Is any material or structure on or above the ground that
prevents water from infiltrating through the underlying soil. "Impervious
surface" is defined to include, but not limited to: paved parking
lots, rooftops, driveways, patios, and paved roads.
Is the downward movement of water from the surface to the
subsoil.
Is a development approach that seeks to mimic (or in the
case of redevelopment, restore/recreate) a site's predevelopment hydrology
through protection of on-site natural features and environmentally
sensitive site design that limits impervious areas, preserves open
space, and uses decentralized small-scale facilities to capture and
manage rainfall (or snowmelt) close to where it falls. These small-scale
facilities serve to slow, absorb, and treat flow and include bioretention
areas, grass swales, porous pavements, cisterns, and green roofs and
walls.
Is the guidance issued by MassDEP, 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 Massachusetts Clean Waters Act, MGL c. 21,
§§ 26 to 53. The handbook addresses stormwater impacts
through implementation of performance standards to promote increased
stormwater recharge, the treatment of runoff from polluting land uses,
low-impact development (LID) techniques, pollution prevention, the
removal of illicit discharges to stormwater management systems, and
improved operation and maintenance of stormwater best management practices
(BMPs). MassDEP applies the stormwater management standards pursuant
to its authority under the Wetlands Protection Act, MGL c. 131, § 40,
and the Massachusetts Clean Waters Act, MGL c. 21, §§ 26
to 53. The revised stormwater management standards have been incorporated
in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k), and
the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
Is any construction activities or land alteration resulting
in total earth disturbances greater than 40,000 square feet (or activities
that are part of a larger common plan of development disturbing greater
than 40,000 square feet) on an area that has not previously been developed
to include impervious cover.
Is 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 human-made pollutants, finally
depositing them into water resource areas.
Is a plan that defines 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.
Is the person with a legal or equitable interest in a property.
Is the maximum instantaneous rate of flow during a storm,
usually in reference to a specific design storm event.
Is any individual, group of individuals, or entity, including
an association, partnership, corporation, company, business, organization,
trust, estate, administrative agency, public or quasi-public corporation
or body, the commonwealth or political subdivision thereof.
Is any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container, from which pollutants are or may be
discharged.
Is any element of property or 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 sewage treatment works or waters of the commonwealth.
Pollutants shall include:
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, accumulations and floatables;
Pesticides, herbicides and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes and residues;
Rock, sand, salt and soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Is the replenishment of underground water reserves.
Is any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances greater than 40,000
square feet or activities that are part of a larger common plan of
development disturbing greater than 40,000 square feet that does not
meet the definition of "new development" (see above).
Are any corporation in which the owner is an officer, director
or shareholder; a limited partnership in which the owner is a limited
partner or general partner; a general partnership in which the owner
is a partner; a limited liability company in which the owner is a
shareholder or director; a trust in which the owner is a trustee or
beneficiary; or any other entity in which the owner has a beneficial
interest.
Is the holding of runoff in a basin without release except
by means of evaporation, infiltration, or emergency bypass.
Is rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Is any mineral or organic soil material that is transported
by wind or water from its origin to another location, the product
of erosion processes.
Is a process of depositing material that has been suspended
and transported in water.
Is the area extent of construction activities, including
but not limited to the creation of new impervious cover and improvement
of existing impervious cover.
Is an order issued that requires that all construction activity
on a site be stopped.
Is the use of structural or nonstructural practices that
are designed to reduce stormwater runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates.
Is the permit issued by the Southampton Planning Board, after
review of an application, including plans (stormwater management and
erosion and sediment control), calculations, and other supporting
documents, that is designed to protect the Town from the adverse effects
of uncontrolled and untreated stormwater runoff.
Is a plan to be submitted with the application for a stormwater
management permit, which shall include current and proposed site conditions,
proposed improvements, proposed stormwater control measures, development
schedules, and such other matters as may be required by the Southampton
Planning Board.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
This bylaw shall apply throughout the Town of Southampton. Prior
to the issuance of any special permit, site plan approval, or other
development permit for any proposed new development or redevelopment
projects listed below, a stormwater management permit, or a waiver
of the requirement for a stormwater management permit, must be approved
by the Southampton Planning Board. No person shall, on or after the
effective date of this bylaw, initiate any land clearing, land grading,
earthmoving or construction activities without first complying with
this bylaw. The following uses and activities shall be required to
submit a complete stormwater management permit application which shall
include a stormwater management plan, including drainage reports,
an erosion and sediment control plan, construction drawings, specifications,
operation and maintenance plan, and as-built information in conformance
with the requirements of this bylaw and associated regulations:
A.
Multifamily residential developments involving four or more units.
B.
Any new commercial, industrial, and/or institutional structures with
at least 5,000 square feet of gross floor area, 10,000 square feet
of impervious surface, or that require 10 or more parking spaces.
C.
Redevelopment or additions to existing commercial, industrial, and/or
institutional uses that result in an additional impervious surface
area or gross floor area of greater than 5,000 square feet, or that
result in an increase of 10 or more parking spaces.
D.
Construction of subdivisions and/or construction activities of any
kind disturbing greater than 40,000 square feet.
E.
Development or redevelopment involving multiple separate construction
activities in discontinuous locations or on different schedules if
the activities are part of a larger common plan of development that
all together disturbs greater than 40,000 square feet.
The following activities may be exempt from the requirements
for submittal and approval of a stormwater management permit, but
must meet the stormwater management and erosion and sediment control
performance standards as described in the associated regulations:
A.
Any agricultural activity that is consistent with an approved soil
conservation plan prepared or approved by the Natural Resources Conservation
Service;
C.
Additions or modifications to existing single-family structures that
do not disturb more than 40,000 square feet of land;
D.
Developments, other than a single-family dwelling, where "approval
is not required," that do not disturb more than 40,000 square feet
of land, provided that they are not part of a larger common development
plan;
E.
Repairs to any stormwater treatment system deemed necessary by the
Southampton Planning Board or Highway Department;
F.
Any emergency activity that is immediately necessary for the protection
of life, property or the environment, as determined by the Southampton
Planning Board or Highway Department; and
G.
Activities that are exclusively limited to maintenance and improvement
of existing sidewalks and roadways (including widening less than a
single lane, adding shoulders, correcting substandard intersections
with such elements as turning lanes, improving existing drainage systems,
and repaving projects). Note that 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 are subject to the
requirements of this bylaw.
A.
As the Stormwater Authority, the Planning Board will review all applications
for a stormwater management permit under this bylaw. Upon receipt
of a complete application package at a regularly scheduled meeting
of the Planning Board, the Board shall transmit one copy of the completed
application package to the Highway Department for review and comment
and file one copy of the completed application package in the office
of the Town Clerk. The date of the regularly scheduled meeting of
the Board at which the completed application package is accepted shall
become the date of receipt and the start date for all deadlines for
action by the Board as set forth herein.
(1)
Public hearing.
(a)
The Planning Board shall, within 21 days of receipt of a complete
application for a stormwater management permit, hold a public hearing
on the matter to allow comment from abutters, other boards and commissions
and staff. The Board shall take final action on the application within
65 days of the receipt of the complete application unless the time
for action is extended by mutual written consent of the applicant
and the Planning Board. Notice of the public hearing shall be given
by publication in a newspaper of local circulation, by posting at
the office of the Town Clerk, and by first-class mailings to abutters
at least seven days prior to the initial public hearing. The application
and the erosion and sediment control plan shall be made available
for inspection by the public during normal business hours at the office
of the Planning Board and the office of the Town Clerk.
(b)
The applicant shall submit any additional information in response
to all reasonable requests of the Stormwater Authority and/or any
duly authorized representatives of the Stormwater Authority.
(2)
Project changes. The permittee, or their agent, must notify the Stormwater
Authority in writing of any change or alteration of a land disturbance
or construction activity authorized in a stormwater management permit
before any change or alteration occurs. If the Board determines that
the change or alteration is significant, the Board may require that
an amended application be filed and a new public hearing held. If
any change or alteration from the stormwater management permit occurs
during any land disturbing activities, the Board may require the installation
of interim erosion and sedimentation control measures before approving
the change or alteration as part of a formal application process.
B.
The Planning Board may adopt and periodically amend rules and regulations
relating to the procedures, standards, and administration of this
Stormwater Management Bylaw, by majority vote of the Planning Board,
after conducting a public hearing to receive comments on any proposed
revisions. Such hearing date shall be advertised in a newspaper of
general local circulation at least seven days prior to the hearing
date.
C.
The Planning Board may waive strict compliance with any or all of
the requirements of this bylaw for a project that will, in its judgment,
generate minimal stormwater runoff and erosion and sedimentation,
have minimal impact on the municipal stormwater system and nearby
surface waters, and if such action is allowed by federal, state, and
local statutes, bylaws, and/or regulations; is in the public interest;
and is consistent with the purposes of this bylaw.
D.
The Planning Board's action, rendered in writing, may consist of
any of the following as a result of an application for a stormwater
management permit: approval; approval subject to conditions; disapproval.
E.
The Planning Board may establish a permit review fee schedule, based
on the type and complexity of projects, and may update this fee schedule
as needed, to cover the costs of permit administration for stormwater
management permits. The Stormwater Authority may require the applicant
to pay reasonable costs to be incurred by the Stormwater Authority
for the employment of outside consultants pursuant to Stormwater Authority
regulations and as authorized by MGL c. 44, § 53G.
[Amended 5-9-2023 ATM
by Art. 31]
F.
This bylaw is intended to integrate with other parts of the Town's
land use bylaws and regulations and not replace any other such requirements.
A.
Violations. Any construction activity that has commenced or is conducted
contrary to this bylaw may be restrained by injunction or otherwise
abated in a manner provided by law.
B.
Notice of violation. When the Southampton Planning Board determines
that an activity is not being carried out in accordance with the requirements
of this bylaw or associated regulations, it shall issue a written
notice of violation to the owner of the property. The notice of violation
shall contain:
(1)
The name and address of the owner applicant.
(2)
The address when available or the description of the building, structure,
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the site
into compliance with this bylaw and a time schedule for the completion
of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
If the Highway Department, Stormwater Authority, or its authorized
agent determines that abatement or remediation of adverse impacts
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 may, at its option,
pursue a court order allowing the Town to undertake such work, and
expenses thereof shall be charged to the violator.
(7)
If the Highway Department or Stormwater Authority takes action upon
failure of the violator or owner to abate or remediate, notice shall
be given to the violator and owner of the costs, including administrative
costs, incurred by the Town. Said notice shall be sent within 30 days
of completion of all measures necessary to abate the violation or
to perform remediation. The violator or owner shall also be notified
that they may, within 30 days of receipt of said notice, file an appeal
in writing to the Select Board objecting to either the amount or basis
of the costs incurred. If the amount due is not received by the expiration
of the time in which to file an appeal or within 30 days following
a decision by the Select 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 by MGL c. 59, § 57, after the 31st day at
which the costs first become due.
C.
Stop-work orders. Persons receiving a notice of violation will be
required to halt all construction activities. This stop-work order
will be in effect until the Southampton Planning Board confirms that
the development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil or monetary penalties in accordance
with the enforcement measures authorized in this bylaw. The Southampton
Planning Board may utilize the services of a Massachusetts registered
engineer to verify compliance at the applicant's expense.
D.
Noncriminal disposition. The Town of Southampton may elect to utilize the noncriminal disposition procedure set forth in Chapter 203, Noncriminal Disposition, of the General Bylaws. The Planning Board or its designee shall be the enforcing entity and the penalty shall be as provided in Chapter 203, Noncriminal Disposition. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-9-2023 ATM
by Art. 31]
E.
Appeals. Unless otherwise stated herein, the decisions or orders
of the Stormwater Authority shall be final. Further relief shall be
appealed to a court of competent jurisdiction.
The Stormwater Authority may require the applicant to post surety before the start of land disturbance or construction activity. The form of the surety shall be approved by Town Counsel 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 Board may release part of the surety as each phase is completed in compliance with the permit, but the surety may not be fully released until the Board has received the final report as required by § 227-8 and the permittee is issued a certificate of completion. If the permittee defaults on any obligations imposed by the stormwater management permit, the Stormwater Authority may (after providing written notification to the permittee) inform the holder of the surety (and the Municipal Treasurer/Collector if the Treasurer/Collector is not holding the funds) of the default, in which event the Town shall be entitled to use the surety funds to bring the site into compliance with the stormwater management permit.
Upon completion of the work and no later than 180 days after
completion of construction, the permittee shall submit a report (including
certified as-built construction plans) from a registered professional
engineer (PE) certifying that the project has been completed in accordance
with the conditions of the stormwater management permit and the plans
approved thereunder. 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 submitted with the report and as-built
plans.
The Board 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.
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.
