[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.
ALTERATION OF DRAINAGE CHARACTERISTICS
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.
APPLICANT
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.
BEST MANAGEMENT PRACTICE (BMP)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
CLEARING
Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT
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.
EROSION
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.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE
Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil.
INFILTRATION
The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY
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.
LOW-IMPACT DEVELOPMENT (LID)
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.
MS4 PERMIT
General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
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.
NEW DEVELOPMENT
Any construction activities or land alteration on an area that has not previously been developed to include impervious surface.
OPERATION AND MAINTENANCE PLAN
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.
OWNER
A person with a legal or equitable interest in property.
PERSON
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.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
RECORD
Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
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.
STORMWATER AUTHORITY
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.
STORMWATER PERMIT
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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
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.
WATERCOURSE
A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, 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 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.