[HISTORY: Adopted by the Town Meeting of the Town of Dudley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-25-2021 by Art. 20]
The purpose of this bylaw is to protect, maintain and enhance
the public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects
of increased post-development stormwater runoff and nonpoint source
pollution associated with new development and redevelopment construction
activity. The Town of Dudley supports the use of low-impact development
(LID) stormwater management practices whenever possible and better
site design to minimize stormwater-related impacts within the Town.
The LID practices promoted in the most recent version of the Massachusetts
Department of Environmental Protection Massachusetts Stormwater Handbook
should be considered for use on development and redevelopment projects
in the Town.
The following definitions shall apply in the interpretation
and implementation of this bylaw:
The owner(s) of land sharing a common property line with
the owner of land that is the subject of an application and the owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within 300 feet of the property line
of land that is the subject of the application as they appear on the
most recent applicable tax list, notwithstanding that the land of
any such owner is located in another city or town.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00 et seq.) and any agricultural activity which is consistent
with an approved soil conservation plan prepared or approved by the
United States Department of Agriculture (USDA) Natural Resources Conservation
Service.
Any activity that will measurably change the ability of a
ground surface area to absorb water or will change existing surface
drainage patterns. Alteration may be similarly represented as "alteration
of drainage characteristics," and "conducting land-disturbing activities."
Such changes include, but are not limited to: change from distributed
runoff to confined, 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, as defined below, requesting a stormwater management
permit for a proposed land-disturbing activity.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs use natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
Any activity that removes the vegetative surface cover. Clearing
activities generally include disturbance or grubbing activity as defined
below.
Environmental resources defined by Massachusetts Division
of Fisheries and Wildlife as meeting at least one of three criteria:
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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), a professional land surveyor
(PLS), a registered landscape architect (RLA), 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 disturbance activities.
The act of clearing land surface by digging up roots and
stumps.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious cover includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
Any activity, including clearing and grubbing, that causes
a change in the position or location of soil, sand, rock, gravel,
or similar earth material.
Development that results in minimized alterations of the
land for a more sustainable land development pattern. Implementation
of LID in the site planning process helps identifies critical natural
resources and aids development of appropriate building envelopes to
preserve resources. LID also incorporates a range of best management
practices (BMPs) that preserve the natural hydrology of the land,
minimize impervious areas and preserve vegetation.
The policy issued by the Department of Environmental Protection,
as amended from time to time, that coordinates the requirements prescribed
by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and the Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56. The
policy addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and controlling site runoff quantities.
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, or other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Dudley.
Pollution from diffuse sources, as opposed to discrete conveyances,
caused by water, including rainfall or snowmelt, moving over or through
the ground.
Activities that are regularly scheduled to maintain the health
and condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
A plan describing 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.
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, or container from which pollutants are or may be
discharged.
Those conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or parcel of land. "Post-development" also refers to the phase
of a new development or redevelopment project after completion, and
does not refer to the construction phase of a project.
Those conditions that exist at the time that plans for the
land development of a site or parcel of land are submitted to the
Commission. When phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish pre-development
conditions.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area 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.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
Earth materials, including decomposed organic material, humic
materials, sand, rock and gravel.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A permit issued by the Commission, after review of an application,
plans, calculations, and other supporting documents, which is designed
to protect the environment of the Town of Dudley from the deleterious
effects of uncontrolled and untreated stormwater runoff.
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE), a professional land surveyor
(PLS), or a certified professional in erosion and sedimentation control
(CPESC), which includes structural and nonstructural best management
practices to manage and treat stormwater runoff generated from regulated
development activity. A stormwater management plan also includes an
operation and maintenance plan describing the maintenance requirements
for structural best management practices.
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and in Chapter 294, Wetlands Protection, of the Town of Dudley.
A.
This bylaw is adopted under the authority granted by the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule Procedures
Act and pursuant to the regulations set forth in the federal Clean
Water Act found at 40 CFR 122.34.
B.
This bylaw applies to any land-disturbing activity in the Town of
Dudley as defined in this bylaw. All other land-disturbing activities
below the thresholds established below do not require an administrative
review but shall employ best management practices to ensure that erosion
is controlled and that disturbed soil is contained on site.
C.
Stormwater management permit. The following land-disturbing activities,
whether new development or redevelopment, shall require a stormwater
management permit:
(1)
Excavating, grading, or other activity which disturbs an area of
40,000 or more square feet or a volume of earth resulting in a total
quantity equal to or greater than 1,000 cubic yards.
(2)
Excavating, grading, or other activity which disturbs an area of
less than 40,000 square feet if that disturbance is part of a larger
development that will disturb 40,000 or more square feet.
D.
The application for a stormwater management permit shall include
the submittal of a stormwater management plan to the Conservation
Commission. This stormwater management plan shall contain sufficient
information for the Commission to evaluate the environmental impact,
effectiveness, and acceptability of the measures proposed by the applicant
for reducing adverse impacts from stormwater. This stormwater management
plan shall outline BMP implementation at the construction site in
accordance with the requirements set forth in Section 2.3.5.c.iii
of the MS4 permit. The plan shall be designed to meet, at a minimum,
the Massachusetts Stormwater Management Standards as set forth in
the DEP Stormwater Management Regulations, Volumes I and II, and as
amended from time to time. The Town of Dudley supports the use of
nonstructural stormwater management practices, better site design
practices or low-impact development (LID) practices, such as reducing
impervious cover and the preservation of open space and other natural
areas, to the maximum extent practicable.
A.
Authorized agent. The Conservation Commission, its professional staff
or consultants, the Highway Superintendent, and any other authorized
agents shall enforce the provisions of this bylaw, issue and prosecute
violation notices and enforcement orders, and may pursue all criminal
and civil remedies for such violations.
B.
Orders. Whenever the Conservation Commission or its authorized agent
finds that a person has violated a prohibition or failed to meet a
requirement of this bylaw, it may order compliance by written notice
of violation to the responsible person. Such notice may require, without
limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
That violating practices or operations shall cease and desist;
(3)
The abatement or remediation of post-development stormwater runoff
and nonpoint source pollution and the restoration of any affected
property;
(4)
Payment of a fine to cover administrative and remediation costs;
and
(5)
The implementation of erosion control or stormwater management BMPs.
C.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. The violator shall provide
a monthly progress report to the Conservation Commission summarizing
the status of the abatement or restoration schedule. In the interim
period, the violator may be required to take reasonable and prudent
measures to minimize sedimentation and nonpoint source pollution to
and from the MS4. Should the violator fail to remediate or restore
within a time frame deemed reasonable by the Conservation Commission,
may seek a court order authorizing the work to be done by a designated
governmental agency or a contractor, and the expense thereof shall
be charged to the violator pursuant to MGL c. 40, § 58.
D.
Within 30 days after abatement of the violation, the violator will
be notified of the cost of abatement, including administrative costs.
The violator may file a written protest objecting to the amount of
the assessment within 30 days of receipt of the notification of costs
incurred. If the amount due is not paid within a timely manner, as
determined by the decision of the Conservation Commission or its designated
agent, or by the expiration of the time in which to file an appeal,
the Conservation Commission may impose a municipal charges lien on
the property pursuant to MGL c. 40, § 58.
E.
Appeals. The decisions or orders of the Conservation Commission or
its designated agent shall be final. Further relief shall be to a
court of competent jurisdiction.
F.
Civil relief. If a person has violated or continues to violate the
provisions of this bylaw, the Conservation Commission may petition
a court of competent jurisdiction for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
G.
Criminal penalty. Any person that has violated or continues to violate
this bylaw shall be fined $300 per offense, the maximum allowable
penalty under MGL c. 40, § 21. Each day such violation continues
shall constitute a separate offense.
H.
Noncriminal disposition. In lieu of other enforcement proceedings, penalties, and remedies authorized by this bylaw, the Conservation Commission may elect to use the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and the Town's General Bylaws, §§ 1-5 and 294-9. The penalty shall be $300 per offense, with each day a violation continues constituting a separate offense.
I.
Violations deemed a public nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this bylaw is a
threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken. The Board of Health
maintains the authority pursuant to MGL c. 111, §§ 122
through 125 to abate violations of this bylaw which are deemed injurious
to the public health and therefore a public nuisance.
J.
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 and it is within the discretion of the Conservation
Commission to seek cumulative remedies.
The provisions of the bylaw shall not apply to:
A.
Work performed for normal maintenance or improvement of land in agricultural
or forestry use.
B.
The removal of hazardous and/or dead trees.
C.
Routine maintenance of vegetation and removal of dead or diseased
limbs or trees necessary to maintain the health of cultivated plants,
to control noxious weeds or vines in accordance with a Massachusetts
Department of Conservation and Recreation (DCR) approved forest management
plan, or to remedy a potential fire or health hazard or threat to
public safety.
D.
Repair or replacement of individual sewage disposal systems serving
a single- or two-family dwelling when required by the Board of Health
for the protection of public health.
E.
Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling, provided that such maintenance
does not include the following:
F.
Construction of utilities other than drainage (gas, water, sewer,
electric, telephone, etc.) that will not alter terrain or drainage
patterns.
G.
Routine maintenance and upgrade of existing municipal drainage system/stormwater
system that will not significantly alter existing terrain or drainage
system.
H.
Routine maintenance and upgrading of existing public ways, including
reclamation and paving, and other routine maintenance activities that
apply to roadway maintenance that will not significantly alter the
existing terrain or drainage system.
A.
The Commission may waive strict compliance with any requirement of
this bylaw or the rules and regulations promulgated hereunder where
such action:
B.
Any applicant may submit a written request to be granted such a waiver.
Such a waiver request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of this bylaw does not further the purposes or objectives of this
bylaw.
C.
All waiver requests shall be discussed by the Commission and a decision
will be made by the Commission within 30 days of receiving the waiver
request. If, in the Commission's opinion, additional time or information
is required for review of a waiver request, the Commission may continue
consideration of the waiver request to a certain date announced at
the meeting. In the event the applicant refuses a continuance, or
fails to provide the requested information, the waiver request shall
be denied.
[Amended 5-22-2023 by Art. 20]
The Dudley Conservation Commission, as established under MGL
c. 40, § 8C, shall have authority to administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Conservation Commission may be delegated, in writing, by the Conservation
Commission to its employees or agents or to the Highway Superintendent.
A.
Review. The Commission and its agents shall review all applications,
including all waiver requests, for stormwater management permits,
conduct inspections, issue a final permit and conduct any necessary
enforcement action. The applicant shall submit all additional information
requested by the Commission prior to the Commission issuing a decision
on the application.
B.
Standards. Projects shall meet the standards of the most recent version
of the Department of Environmental Protection's Massachusetts Stormwater
Handbook, Handbook and any other performance standards set forth in
regulations to be enacted by the Conservation Commission hereunder.
C.
Action. The Commission may:
(1)
Approve the stormwater management permit application and issue a
permit if it finds that the proposed plan will protect water resources
and meets the objectives and requirements of this bylaw;
(2)
Approve the stormwater management permit application and issue a
permit with conditions, modifications or restrictions that the Commission
determines are required to ensure that the project will protect water
resources and meet the objectives and requirements of this bylaw;
(3)
Disapprove the stormwater management permit application and deny
the permit if it finds that the proposed plan will not protect water
resources or fails to meet the objectives and requirements of this
bylaw.
D.
Extensions. A stormwater management permit shall be valid for three
years from the date the permit is issued. The Commission may grant
extensions for additional one-year periods upon written request for
renewal received no later than 30 days prior to expiration of the
permit.
Following receipt of a completed application, including all
requests for waivers, the Commission shall execute the interdepartmental
review process set forth in the regulations established hereunder.
The Commission shall not make a decision on the stormwater management
permit until it has received comments from the interdepartmental review
process or until 20 days have elapsed after receipt of the application
materials without submission of comments thereon from other departments.
A.
Application. A completed application for a stormwater management
permit shall be filed with the Commission. No land-disturbing activity
shall commence unless a permit has been issued or a waiver and/or
exemption has been deemed applicable. The permit application requirements
are specified in regulations adopted by the Commission hereunder.
B.
Public hearing. Unless the applicant agrees to a later date, in writing,
the Commission shall hold a public hearing within 30 days of the receipt
of a complete application, which shall be inclusive of all requests
for waiver(s). Notice of the hearing shall be given by publication
in a newspaper of local circulation, by posting in the office of the
Town Clerk, and by first-class mail to abutters, all at least seven
days prior to the initial public hearing. The Commission shall make
the application available for inspection by the public during business
hours at the Town Hall. The Commission shall take final action within
21 days from the close of the public hearing unless such time is extended
by written agreement between the applicant and the Commission.
C.
Combined public hearing. In an appropriate case, the Commission may combine its hearing under this bylaw with the hearing conducted under the Wetlands Protection Act (MGL c. 131, § 40) and regulations promulgated thereunder (310 CMR 10.00 et seq.), and the Dudley Wetlands Protection Bylaw, Chapter 294 of the Town Code. The times lines for action by the Conservation Commission under this bylaw do not alter the time lines applicable to permit applications under the Wetlands Protection Act, MGL c. 131, § 40, and regulations promulgated thereunder, 310 CMR 10.00 et seq., and the Dudley Wetlands Protection Bylaw.
A.
An operation and maintenance plan (O&M plan) is required at the
time of application for all projects subject to a stormwater management
permit. The maintenance plan shall be designed to ensure compliance
with the permit and this bylaw, 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 Commission shall make the final
decision on what maintenance option is appropriate in a given situation.
The Commission will consider natural features, proximity of site to
water bodies and wetland resource areas, extent of impervious surfaces,
size of the site, the types of stormwater management structures, and
potential need for ongoing maintenance activities. The operation and
maintenance plan activities shall be an ongoing requirement.
B.
Requirements for the content of the O&M plan and its implementation
are specified in stormwater management rules and regulations associated
with this bylaw.
Upon the completion of the activities allowed under a stormwater
management permit, the applicant shall notify the Commission and request
a final inspection and certificate of completion. The applicant shall
submit an as-built plan prepared by a professional land surveyor or
registered professional engineer along with certification from a registered
professional engineer that all construction has been done in accordance
with the approved stormwater management plan. If the Conservation
Commission determines that all work has been completed in compliance
with the approved stormwater management permit, the Conservation Commission
shall issue a written certificate of completion to the applicant.
The Conservation Commission may adopt and periodically amend
rules and regulations relating to the procedures and administration
of this stormwater management bylaw, by majority vote of the Commission,
after conducting a public hearing to receive comments. Such hearing
date shall be advertised in a newspaper of local circulation at least
seven days prior to the hearing date. Failure by the Conservation
Commission to promulgate such rules and regulations or a legal declaration
of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this bylaw.
Pursuant to MGL c. 44, § 53G 1/2, the Commission may
require the applicant to post a surety bond, cash, or other acceptable
security before the start of any land-disturbing activity. The form
of the bond/surety shall be approved by Town Counsel and be in an
amount deemed sufficient by the Commission to insure that the work
will be completed in accordance with the permit. Any performance bond
or certificate of guarantee shall be executed and maintained by a
financial institution, surety, or guaranty company qualified to do
business in the Commonwealth.
Filing an application for a stormwater management permit grants
the Commission, or its agent, permission to enter the site of the
land-disturbing activity, as permitted by law, to verify the information
in the application and to inspect for compliance with permit conditions.
A.
The Commission, by regulation, shall promulgate a fee schedule for
stormwater management permit applications and requests for certificates
of completion. The fee schedule shall be reasonably related to the
costs of processing, reviewing and acting upon such application and/or
request. The fee specified in such a fee schedule shall be made payable
to the Town of Dudley and shall accompany the permit application or
request for certificate of completion. The Commission may require
an additional fee for review of any change in or alteration from an
approved permit. Said fee shall be paid into a special account set
up by the Town Treasurer and may be expended by the Commission for
the purpose allocated without further appropriation in accordance
with the provisions of MGL c. 44, § 53E 1/2.
B.
Pursuant to MGL c. 44, § 53G, and regulations promulgated
by the Commission, the Commission may impose reasonable fees for the
purpose of securing outside consultants, including engineers or other
experts, in order to aid in the review of proposed projects. Such
funds shall be deposited with the Town Treasurer, who shall create
an account specifically for this purpose. Additional consultant fees
may be requested where the requisite review is more expensive than
originally calculated or where new information requires additional
consultant services.
A decision by the Conservation Commission made under this bylaw
shall be reviewable by a court of competent jurisdiction.
The provisions of this bylaw are hereby declared to be severable.
If any provision, clause, sentence, or paragraph 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.
The standards set forth herein and promulgated pursuant to this
bylaw are minimum standards. This bylaw does not intend nor imply
that compliance by any person will ensure that there will be no erosion
nor unauthorized discharge of pollutants into waters of the Commonwealth
caused by said person.
