[HISTORY: Adopted 11-15-2021 FYTM by Art. 9. Amendments noted where
applicable.]
A.
The purpose of this bylaw is to protect, maintain, and enhance public
health, safety, environment, and general welfare of the Town by preventing
or diminishing adverse effects of construction-site and post-construction
stormwater runoff. Proper management of stormwater runoff will minimize
damage to public and private property and infrastructure, safeguard
the health, safety, environment, and general welfare of the public,
protect water and aquatic resources, protect and enhance wildlife
habitat, and promote groundwater recharge to protect surface and groundwater
drinking supplies. This bylaw seeks to meet that purpose through the
following objectives:
Establish minimum stormwater management standards and design
criteria for the regulation and control of stormwater runoff quantity
and quality;
Encourage the use of nonstructural stormwater management, better
site design, and low-impact development practices such as preserving
natural resources and open space, reducing impervious surface area,
and increasing infiltration;
Establish provisions for the long-term responsibility for, and
maintenance of, structural stormwater control facilities and nonstructural
stormwater best management practices to ensure that they continue
to function as designed and pose no threat to public safety;
Establish provisions to ensure there is an adequate funding
mechanism, including surety, for the proper review, inspection, and
long-term maintenance of stormwater facilities implemented as part
of this bylaw;
Establish the Town of Brewster's legal authority to ensure
compliance with the provisions of this bylaw through permitting, inspection,
monitoring, and enforcement; and
Comply with state and federal statutes and regulations relating
to stormwater discharges including total maximum daily load requirements
and with the General Permit for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems in Massachusetts (MS4 Permit), issued
by the U.S. Environmental Protection Agency and the Massachusetts
Department of Environmental Protection.
The following definitions shall apply in the interpretation
and implementation of this bylaw. Additional definitions may be adopted
by separate regulation.
Any activity on an area of land that changes the water quality,
force, direction, timing, or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the commonwealth or the federal government, to the extent permitted
by law, requesting a stormwater permit.
Schedules of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants to Waters
of the United States. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
A "larger common plan of development or sale" is a contiguous
area where multiple separate and distinct construction activities
may be taking place at different times on different schedules under
one plan.
The 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.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
Any surface that prevents or significantly impedes the infiltration
of water into the underlying soil. This can include but is not limited
to: roads, driveways, parking areas and other areas created using
nonporous material; buildings, rooftops, structures, solar panels,
artificial turf, and compacted gravel or soil.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing, grading,
or excavating, including grubbing; or results in an alteration of
drainage characteristics.
Site planning and design strategies that use or mimic natural
processes that result in the infiltration, evapotranspiration or use
of stormwater in order to protect water quality and associated aquatic
habitat.
General Permit for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems in Massachusetts.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Brewster.
Any construction activities or land alteration on an area
that has not previously been developed to include impervious surface.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Recorded in the Barnstable County Registry of Deeds; if registered
land is affected, filed with the recorder of the Land Court of Massachusetts.
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
The areal extent of construction and land disturbance activities,
including but not limited to the creation of new impervious surface
and improvement of existing impervious surface.
The Town of Brewster Planning Board or its authorized agent(s),
acting pursuant to this bylaw to administer, implement, and enforce
this bylaw and to adopt regulations pursuant to it.
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents,
in accordance with the provisions of this bylaw.
A regulatory plan (authorized by the Clean Water Act) that
identifies the amount of a pollutant that a water body can assimilate
without exceeding its water quality standard for that pollutant.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook, or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, groundwater, and waters of the
United States as defined under the Federal Clean Water Act as hereafter
amended.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution and the Massachusetts
home rule statutes, and pursuant to the regulations of the federal
Clean Water Act found at 40 CFR 122.34.
A.
The Stormwater Authority shall administer, implement, and enforce
this bylaw. Any powers granted to or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees or agents.
B.
The Brewster Planning Board shall be the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster General Bylaw Chapter 172), the Conservation Commission shall be the authority to implement and enforce this bylaw. The Stormwater Authority may designate an agent to enforce this bylaw.
C.
This bylaw is not intended to interfere with, abrogate, or annul
any other Town of Brewster bylaw, rule or regulation, statute, or
other provision of law. The requirements of this bylaw should be considered
minimum requirements, and where any provision of this bylaw imposes
restrictions different from those imposed by any other bylaw, rule
or regulation, or other provision of law, whichever provisions are
more restrictive or impose higher protective standards for human health
or the environment shall be considered to take precedence.
A stormwater permit shall be required for any of the following, except for an activity exempted under § 272-6 of this bylaw:
A.
Any land disturbance activity that will disturb 10,000 square feet
or more, or smaller land disturbance activities that are part of a
larger common plan of alteration or development that will disturb
10,000 square feet or more;
B.
Any new development or redevelopment that will result in a net increase
in impervious surface area by 500 square feet or more, or smaller
activities that are part of a larger common plan of alteration or
development that will result in a net increase in impervious surface
area by 500 square feet or more; or
C.
Any land disturbance activity, new development, or redevelopment
that, over a two-year period, will result in a cumulative land disturbance
of more than 10,000 square feet and/or a cumulative net increase in
impervious surface area of more than 500 square feet to land that
is part of a larger parcel held in common ownership or control at
any time since said date. For the purposes of this section, ownership
by related or jointly controlled persons or entities shall be considered
common ownership. In such cases, the new activity is prohibited until
either:
(1)
All activities that previously disturbed land and/or increased impervious
surface area as described in this section are brought into full compliance
with the requirements and standards of this bylaw; or
(2)
The application for permit under this bylaw for the new activity
includes bringing the land previously disturbed and/or the impervious
surface area previously increased into full compliance with the requirements
and standards of this bylaw. If the involved land is not currently
held in common ownership, all owners of the involved land must jointly
apply for the permit.
D.
A development or alteration of land shall not be segmented or phased
in a manner to avoid compliance with this bylaw.
The following activities are exempt from the requirements of
this bylaw, provided that such activities utilize the best practical
measures to avoid any negative impacts on stormwater quality, runoff
rate, and volume.
A.
Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this bylaw.
B.
Maintenance and improvement of land in agricultural or aquacultural
use, as defined by the Massachusetts Wetlands Protection Act regulation
310 CMR 10.04.
C.
Maintenance of existing landscaping, gardens, or lawn areas associated
with a residential dwelling conducted in such a way as to not cause
a nuisance.
D.
Construction of fencing that will not substantially alter existing
terrain or drainage patterns.
E.
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) that will not alter terrain, ground cover, or drainage
patterns or result in discharge of sediment or other pollutants to
the MS4 or to a watercourse or waters of the commonwealth.
F.
Emergency repairs to existing utilities (gas, water, electric, telephone,
drainage, etc.) or emergency repairs to any stormwater management
facility that poses a threat to public health or safety, as determined
by the Stormwater Authority.
G.
Maintenance or resurfacing (not including reconstruction) of an existing
public or private way, parking area, or driveway, provided that such
activity does not increase impervious surface area and that resurfacing
does not disturb the pavement subbase.
A.
The Stormwater Authority shall promulgate and periodically amend
Stormwater Management Regulations relating to the terms, conditions,
definitions, enforcement, fees (including application, inspection,
and/or consultant fees), delegation of authority, procedures, and
administration of this bylaw. Failure of the Stormwater Authority
to issue such regulations, or a legal declaration of their invalidity
by a court, shall not act to suspend or invalidate the effect of this
bylaw.
B.
The Stormwater Authority may establish a minor stormwater permit
for specific activities.
(1)
The purpose of the minor stormwater permit is to simplify the permitting
process under this bylaw by waiving certain submission requirements,
provided a set of predetermined eligibility criteria and performance
standards are met.
(2)
The eligibility criteria, performance standards, and submission requirements
for minor stormwater permits shall be outlined in the Stormwater Management
Regulations promulgated in accordance with this bylaw.
(3)
The Stormwater Authority may allow minor stormwater permits to be
approved by one or more agents of the Stormwater Authority rather
than by a majority of Stormwater Authority members.
C.
The Stormwater Authority may establish criteria, procedures, and
standards for off-site compliance with post-construction stormwater
management performance standards established in the Stormwater Management
Regulations promulgated under this bylaw.
A.
Performance standards shall be defined as part of the Stormwater
Management Regulations promulgated under this bylaw.
B.
Unless specifically altered by this bylaw or its regulations, the
Stormwater Authority will use the latest accepted versions of the
Massachusetts Stormwater Management Regulations as contained in the
Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.05(6)(k)
and the Massachusetts Stormwater Handbook as issued by the Massachusetts
Department of Environmental Protection for criteria, policy, standards,
stormwater systems design and engineering, compliance documentation
requirements, and general information for the execution of the provisions
of this bylaw.
C.
Unless specifically altered in this bylaw and its regulations, the
Stormwater Authority shall presume that stormwater management practices
designed, constructed, and maintained in accordance with the Massachusetts
Stormwater Management Handbook meet the performance standards of this
bylaw. For requirements that are inconsistent between the Massachusetts
Stormwater Management Handbook and the MS4 permit, the Stormwater
Authority will enforce the more stringent of the requirements.
A.
A stormwater permit must be obtained prior to the commencement of
any construction or land disturbance activity for which such a permit
is required. An applicant seeking a permit shall file an appropriate
application with the Stormwater Authority in a form and containing
information as specified in this bylaw and in regulations adopted
by the Stormwater Authority.
B.
Each application must be accompanied by the appropriate application
fee as established by the Stormwater Authority. Applicants shall pay
the application fee before the review process commences. The Stormwater
Authority, or its designated agent, is authorized to retain a registered
professional engineer (PE) or other professional consultant to advise
the Stormwater Authority on any or all aspects of the application
and/or the project's compliance with conditions of a stormwater
permit. 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 as authorized by MGL c.44, § 53G.
C.
To obtain a stormwater permit, the applicant must show that site
design, construction-site stormwater management, and post-construction
stormwater management will meet the standards established by the Stormwater
Authority in its regulations, which shall be at least as stringent
as the relevant requirements of the MS4 Permit and the Massachusetts
Stormwater Handbook.
D.
The stormwater permit shall include measures to ensure adequate long-term
operation and maintenance of stormwater management design features
and BMPs.
E.
The Stormwater Authority may impose requirements, including but not
limited to the following:
(1)
A requirement that funds for future operation and maintenance be
set aside in a dedicated fund or escrow account;
(2)
A permanent permit condition requiring compliance with an operation
and maintenance plan;
(3)
A permanent permit condition requiring that the property owner submit
an annual report or certification regarding operation and maintenance;
(4)
A requirement to record the operation and maintenance plan (or notice
thereof);
(5)
A requirement that a legal instrument be put in place establishing
responsibility for operation and maintenance of a stormwater BMP serving
more than one lot.
By signing the permit application, the applicant consents to
the entry of members of the Stormwater Authority or its authorized
agents on the property while the application is under review to verify
the information in the application, and at any time after a stormwater
permit is issued to inspect for compliance with stormwater permit
conditions.
The Stormwater Authority or its designated agent shall make
inspections to verify and document compliance with the stormwater
permit.
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 the Stormwater Authority 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 Stormwater Authority may release part of
the surety as each phase is completed in compliance with the permit.
Funds held pursuant to this section shall be deposited in a
separate account pursuant to MGL c. 44, § 53G 1/2. Surety
shall be in the form of a surety bond, irrevocable letter of credit,
or cash. All interest shall be held within said account; surety shall
be released upon satisfaction of all permit requirements; upon satisfaction
of all permit requirements, applicant shall request, in writing, to
the Town Treasurer, that the funds be released, the funds shall not
be released until the Stormwater Authority certifies, in writing,
that all requirements of the permit have been met. If the permittee
defaults on any obligations imposed by the permit, the Stormwater
Authority may (after notification of the permittee) inform the holder
of the security (and the municipal treasurer if the treasurer is not
holding the funds) of the default, in which event the Town shall be
entitled to the security funds to complete the outstanding permit
requirements.
A.
The Stormwater Authority, or its authorized agent, may waive strict
compliance with any requirement of this bylaw if it finds that:
(1)
Application of some of the requirements is unnecessary or impracticable
because of the size or character of the development activity or because
of the natural conditions at the site;
(2)
The project is consistent with the purposes and intent of this bylaw;
and
(3)
The project provides substantially the same level of protection to
the public health, safety, environment, and general welfare of the
Town as required by this bylaw.
B.
Any person seeking a waiver shall submit a written waiver request.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request.
C.
Waiver requests, except those for activities eligible for minor stormwater
permits, shall be discussed and voted on at a public meeting for the
project.
D.
Waiver requests for minor stormwater permits may be approved by one
or more agents of the Stormwater Authority rather than by majority
of Stormwater Authority members.
E.
If in the opinion of the Stormwater Authority or its authorized agent,
additional time or information is required for review of a waiver
request, the Stormwater Authority may continue a meeting to a date
announced at the meeting. In the event the applicant objects to a
continuance or postponement, or fails to provide requested information,
the waiver request shall be denied.
The Stormwater Authority or its authorized agent shall enforce
this bylaw, and any associated regulations, orders, violation notices,
and enforcement orders and may pursue all civil and criminal remedies
for such violations.
A.
Criminal and civil relief.
(1)
Any person who violates the provisions of this bylaw, or any associated
regulations, permit, or order issued thereunder, may be subject to
criminal penalties and prosecution in a court of competent jurisdiction
and/or a fine of not more than $300 per violation. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
(2)
The Stormwater Authority may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
B.
Orders.
(1)
The Stormwater Authority's authorized agent may issue a written
order to enforce the provisions of this bylaw or any associated regulations
or permit. Violations include, without limitation, failure to obtain
a stormwater permit for an activity subject to this bylaw, or failure
to follow the requirements of a stormwater permit, or any other authorization
issued pursuant to this bylaw or regulations issued hereunder. The
written order may require the violator to remediate the noncompliance
and/or any adverse impact caused by it, including without limitation:
(a)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with this bylaw and provisions of the stormwater
permit or other authorization;
(b)
Maintenance, installation, or performance of additional erosion
and sediment control measures;
(c)
Monitoring, analyses, and reporting;
(d)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity;
(e)
Construction, reconstruction, repair, or maintenance of stormwater
BMPs or any other aspect of the post-construction stormwater management
system;
(f)
Remediation of adverse impacts resulting from improper construction
or operation of the post-construction stormwater management system;
and/or
(g)
A requirement to eliminate discharges, directly or indirectly,
into the MS4, a watercourse, or into the waters of the commonwealth.
(2)
Any order under this section may be appealed to the Stormwater Authority
within five (5) days of the date of said order. All appeals shall
be heard and decided within thirty (30) days. The decision of the
Stormwater Authority shall be final.
(3)
If the Stormwater Authority or its authorized agent determines that
abatement or remediation of contamination is required, the order shall
set forth a deadline by which such abatement or remediation must be
completed. Said order shall further provide that, should the violator
or property owner fail to abate or perform remediation within the
specified deadline, the Town of Brewster may, at its option, undertake
such work, and expenses thereof shall be charged to the violator.
(4)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner will be notified of the costs incurred by the Town, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Stormwater
Authority within 30 days of receipt of the notification of the costs
incurred. If the amount due is not received by the expiration of the
time in which to file a protest or within 30 days following a decision
of the Stormwater Authority affirming or reducing the costs, or from
a final decision of a court of competent jurisdiction affirming or
reducing the costs, the costs shall constitute a municipal charge
for purposes of MGL c. 40, § 58, and a lien may be imposed
on the property for the amount of the unpaid charge, pursuant to MGL
c. 40, § 58. Interest shall begin to accrue on any unpaid
costs at the statutory rate provided in MGL c. 59, § 57
on the 31st day after the costs first become due.
C.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case designated
agents of the Stormwater Authority shall be the enforcing persons.
The penalty for the first violation shall be a warning. The penalty
for the second violation shall be $100. The penalty for the third
and subsequent violations shall be $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
D.
Entry to perform duties under this bylaw. To the extent permitted
by local, state or federal law, or if authorized by the owner or other
party in control of the property, the Stormwater Authority, its agents,
officers, and employees may enter upon privately owned property for
the purpose of performing their duties under this bylaw and regulations
and may make or cause to be made such examinations, surveys or sampling
as the Stormwater Authority deems reasonably necessary.
E.
Appeals. The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be appealed to a court of competent
jurisdiction.
F.
Remedies not exclusive. The remedies listed in this section are not
exclusive of any other remedies available under any applicable federal,
state, or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
