[HISTORY: Adopted by the Town Meeting of the Town of Sherborn 2011; amended 2019 (Ch. 25 of the 1968 Bylaws). Subsequent amendments noted where applicable.]
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.
A. 
The purpose of this bylaw is to regulate discharges to the municipal separate storm sewer system (MS4) to protect the Town of Sherborn's water bodies and groundwater and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with construction sites, developed land uses and the accompanying increase in impervious surfaces are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater. This purpose is accomplished through the following:
[Amended 4-25-2023 ATM by Art. 22]
(1) 
Institute water resource protection measures identified in the Supplemental Final Comprehensive Water Resource Management Plan/Environmental Impact Report — Commonwealth of Massachusetts EOEA File Number 8844 (CWRMP);
(2) 
Protect groundwater and surface water from degradation;
(3) 
Promote groundwater recharge;
(4) 
Require practices to control the flow of stormwater from new and redeveloped sites into the Town storm drainage system in order to prevent flooding and erosion;
(5) 
Require practices that eliminate soil erosion and sedimentation and control the volume and rate of stormwater runoff resulting from land disturbance activities;
(6) 
Prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and minimize discharge of pollutants from the MS4;
(7) 
Ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained;
(8) 
Ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;
(9) 
Comply with state and federal statutes and regulations relating to stormwater discharges; and
(10) 
Establish the Town's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
B. 
Nothing in this bylaw is intended to replace the requirements of the Town of Sherborn Zoning Bylaw, General Bylaws, or any other bylaw that may be adopted by the Town of Sherborn. Any activity subject to the provisions of the above-cited bylaws must comply with the specifications of each.
A. 
Except as listed below, words, all terms, abbreviations and acronyms that appear in this bylaw and are also defined in Appendix A of the Final 2016 Massachusetts Small MS4 General Permit ("Appendix A") signed April 4, 2016, with an effective date of July 1, 2018 (MS4 general permit), or as most recently amended, shall be construed to have the meaning presented in Appendix A.
[Amended 4-25-2023 ATM by Art. 22]
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows an illicit discharge (as described in § 200-4A below) 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 or approved before the effective date of this bylaw.
[Amended 4-25-2023 ATM by Art. 22]
B. 
Any other definitions that apply in the interpretation and implementation of this bylaw shall be included as part of any Stormwater Regulations promulgated as permitted under § 200-5B of this bylaw.
A. 
Illicit discharges - the following activities are prohibited:
(1) 
Illicit discharges - no person shall dump, discharge, cause or allow to be discharged any pollutant, unauthorized stormwater or non-stormwater discharge into the municipal separate storm sewer system (MS4) and/or Town right-of-way.
(2) 
Illicit connections - no person shall construct, use, allow, maintain or continue any illicit connection to the municipal separate storm sewer system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
(3) 
Obstruction of MS4 - no person shall obstruct or interfere with the normal flow of stormwater into or out of the MS4 without prior written approval from the Director of Department of Public Works (DPW).
[Amended 4-25-2023 ATM by Art. 22]
(4) 
Yard wastes - no person shall dump or dispose of yard waste (leaves, grass clippings, etc.) into the MS4, or into catch basins, retention/detention basins or any other component of a stormwater management system which discharges to the MS4.
B. 
Permitted non-stormwater discharges. A limited category of non-stormwater discharges are only allowed with a permit from the Director of DPW. Such permits may be granted only following an examination of potential alternatives and a finding by the Director that there is no viable alternative. These categories are:
(1) 
Uncontaminated pumped groundwater.
[Amended 4-25-2023 ATM by Art. 22]
(2) 
Foundation drains.
(3) 
Water from crawl space pumps.
(4) 
Footing drains.
C. 
Prohibited non-stormwater discharges. The following non-stormwater discharges are strictly prohibited:
(1) 
Dechlorinated swimming pool discharges.
[Amended 4-25-2023 ATM by Art. 22]
(2) 
Discharging water from any source into the street.
D. 
Land disturbance.
(1) 
No person shall undertake construction activity that requires (a) Planning Board review (including new subdivisions, special permits for multifamily development, and site plan review for new commercial/industrial development or redevelopment), (b) a building permit (such as new single-family residential development or redevelopment), or (c) utility line work, and if the activity will disturb or alter one acre or more of land, either initially or as part of a common plan for development that will disturb or alter one acre or more of land, without obtaining a stormwater management permit (SMP) from the Planning Board.
[Amended 4-25-2023 ATM by Art. 22]
(2) 
Any activity that is subject to site plan review or the Subdivision Control Law[1] or requires a special permit from the Planning Board per the Sherborn Zoning Bylaw[2] shall be eligible for an SMP to be reviewed and granted as a component of such other permitting process.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[2]
Editor's Note: See Ch. 240, Zoning.
E. 
Exemptions. The following activities shall be exempt from the requirement for an SMP:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by MGL c. 128, § 1A.
(2) 
Maintenance of existing landscaping, gardens or lawn areas.
(3) 
Creating impervious area consisting of a previously existing unpaved driveway for a single-family dwelling, or expansion of an existing paved driveway for a single-family dwelling.
[Amended 4-25-2023 ATM by Art. 22]
(4) 
The construction of fencing that will not alter existing terrain or drainage patterns.
(5) 
Construction or maintenance and repair of utility service lines (gas, water, electric, telephone, fire alarms, etc.) other than drainage lines or systems, which will not alter terrain, ground cover, or drainage patterns.
(6) 
Emergency repairs to any stormwater management facility.
(7) 
Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this bylaw.
(8) 
Construction of items normally appurtenant to residential uses, such as decks; patios; walkways; fruit, vegetable, or flower gardens; driveways; sheds; swimming pools; and tennis or basketball courts.
(9) 
Repair or replacement of septic systems.
(10) 
Any construction activity or project wholly within the jurisdiction of the Conservation Commission provided that an order of conditions has been issued by the Conservation Commission.
A. 
The Planning Board shall administer and implement the land disturbance provisions of this bylaw, and Department of Public Works shall administer and implement the illicit discharges provisions.
B. 
Rules and regulations - the Planning Board and DPW may adopt, and periodically amend, rules and regulations relating to the terms, performance standards, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees), procedures and administration of this comprehensive Stormwater Management Bylaw by majority vote of the Planning Board, after conducting a public hearing to receive comments on any proposed rules and regulations or revisions thereto. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven days prior to the hearing date. After public notice and public hearing, the Planning Board may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Planning Board 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.
C. 
Stormwater Management Handbook and NPDES permits - the Planning Board will utilize the policy, criteria and information including specifications and standards of the latest edition of the Massachusetts Stormwater Management Standards and Handbook for execution of the provisions of this bylaw. This handbook includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The standards and handbook may be updated and expanded periodically, based on improvements in engineering, science, monitoring, and local maintenance experience. The Planning Board will also utilize the provisions of the MS4 general permit and other NPDES permits.
D. 
Actions - the Planning Board may take any of the following actions as a result of an application for a stormwater management permit as more specifically defined as part of stormwater regulations promulgated as a result of this bylaw: approval, approval with conditions, or disapproval.
E. 
Appeals of actions - a decision of the Planning Board shall be final. A decision by the Planning Board made under this Chapter 200 shall be reviewable in the Superior Court in an action in the nature of certiorari filed within 60 days thereof, in accordance with MGL c. 249, § 4.
F. 
Permits and procedures - permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 200-5B of this bylaw.
G. 
Water Resources Mitigation Fund - the Planning Board may allow the applicant to contribute to the Town of Sherborn Water Resources Mitigation Fund where it has been demonstrated that there are not sufficient conditions for on-site stormwater best management practices in order to meet the performance standards as described in the regulations promulgated under this bylaw. Funds may be used to design and construct stormwater projects that will improve the quality and quantity of surface waters in Sherborn by treating and recharging stormwater from existing impervious surfaces that is now discharged to said waters with inadequate treatment or recharge. The amount of the contribution to the fund shall be determined by the Planning Board.
[Amended 4-25-2023 ATM by Art. 22]
[Amended 4-25-2023 ATM by Art. 22]
A. 
Land disturbance.
(1) 
The Department of Public Works Director (DPW), Building Inspector and the police shall be the enforcement agents. When the Planning Board or its enforcing agent determines that an activity is not being carried out in accordance with the requirements of this chapter, stormwater regulations or an SMP, the agent shall issue a written notice of violation to the owner of the property. Persons receiving a notice of violation may be required to:
(a) 
Halt all construction activities until there is compliance. A "stop-work order" will be in effect until the Planning Board or its agent confirms that the activity is in compliance and the violation has been satisfactorily addressed;
(b) 
Maintain, install or perform additional erosion and sedimentation control measures;
(c) 
Monitor, analyze and report to the Planning Board regarding progress in addressing activities cited in a notice of violation;
(d) 
Remediate erosion and sedimentation resulting directly or indirectly from the activity.
(2) 
Failure to comply with a notice of violation in the time specified therein constitutes a violation of this bylaw and may result in penalties in accordance with the enforcement measures authorized in this chapter.
(3) 
Upon identification of the illicit source all responsible parties will be notified. Immediate cessation of improper disposal practices is required. Where elimination of an illicit discharge within 60 days of its identification is not possible, DPW shall immediately commence actions necessary for elimination. DPW will then establish an expeditious schedule for its elimination and report the dates of identification and schedules for removal in the annual MS4 reports to EPA. In the interim, DPW shall take all reasonable and prudent measures to minimize the discharge of pollutants to and from its MS4.
B. 
Illicit discharges.
(1) 
The DPW Director or his designee shall be the enforcement agent for illicit discharges.
(2) 
Penalty. Any person who violates any provision of this chapter, regulations, or SMPs or violation notices issued thereunder, may be punished by a fine of not more than $250. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the chapter, regulations or SMP violated shall constitute a separate offense.
(3) 
Noncriminal disposition. As an alternative to the penalty in Subsection B(2), the enforcing authority may elect to utilize the noncriminal disposition procedure set forth in Chapter 1, Article II, § 1-4, of the General Bylaws of the Town of Sherborn. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this chapter, regulation or permit violated shall constitute a separate offense. The penalty for noncriminal disposition shall be $200 per violation.
If any provision, paragraph, sentence, or clause of this bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect.