[HISTORY: Adopted by the Town Meeting of the Town of Sudbury 4-6-2009 by Art. 19 as Art. V(F) of the
General Bylaws. Amendments noted where applicable.]
A.
The purpose of this bylaw is to protect, maintain and enhance the
public health, safety, environment and general welfare of the Town
by establishing minimum requirements and procedures to control the
adverse effects of soil erosion and sedimentation, construction site
runoff, increased post-development stormwater runoff and nonpoint
source pollution associated with new development and redevelopment.
It has been determined that proper management of stormwater runoff
will minimize damage to public and private property and infrastructure,
safeguard the public 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
water and groundwater drinking supplies. This bylaw seeks to meet
that purpose through the following objectives:
(1)
Establish a mechanism by which the municipality can monitor and ensure
compliance with requirements of its National Pollutant Discharge Elimination
System (NPDES) general permit for stormwater discharges from small
municipal separate storm sewer systems and other applicable state
and federal mandates.
(2)
Establish decisionmaking processes surrounding land development activities
that protect the integrity of the watershed and preserve the health
of water resources.
(3)
Require that new development, redevelopment and other land alteration
activities maintain the after-development runoff characteristics as
equal to or less than the predevelopment runoff characteristics where
appropriate in order to reduce flooding, stream bank erosion, siltation,
nonpoint source pollution, property damage, and to maintain the integrity
of stream channels and aquatic habitats.
(4)
Establish minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff
quantity and quality; establish minimum design criteria for the protection
of properties and aquatic resources downstream from land development
and land conversion activities from damages due to alterations in
volume, velocity, frequency, duration, and peak flow rate of stormwater
runoff; establish minimum design criteria for measures to eliminate
or minimize to the extent feasible nonpoint source pollution from
stormwater runoff which would otherwise degrade water quality.
(5)
Establish design and application criteria for the construction and
use of structural stormwater control facilities that can be used to
meet or exceed the minimum post-development stormwater management
standards.
(6)
Encourage the use of nonstructural stormwater management, better
site design practices or low-impact development practices, such as
reducing impervious cover, increasing site-wide infiltration, and
preserving open space and other natural areas, to the maximum extent
practicable.
(7)
Promote water conservation through the reuse of stormwater for irrigation.
(8)
Establish provisions that require practices that eliminate soil erosion
and sedimentation and control the volume and rate of stormwater runoff
resulting from land disturbance activities.
(9)
Establish provisions to 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.
(10)
Establish provisions for the long-term responsibility for and
maintenance of structural stormwater control facilities and nonstructural
stormwater management practices to ensure that they continue to function
as designed, are maintained, and pose no threat to public safety or
the environment.
(11)
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.
(12)
Establish administrative procedures for the submission, review,
approval or disapproval of stormwater management plans, erosion and
sediment controls, and for the inspection of approved active projects,
and long-term follow up; establish certain administrative procedures
and fees for the submission, review, approval, or disapproval of stormwater
plans, inspection of construction sites, and the inspection of approved
projects.
B.
Nothing in this bylaw is intended to replace the requirements of
the Town of Sudbury Zoning Bylaw,[1] the Town of Sudbury Wetlands Administration Bylaw,[2] the Town of Sudbury General Bylaws, any other bylaw that
may be adopted by the Town of Sudbury, or any rules and regulations
adopted thereunder. Any activity subject to the provisions of the
above-cited bylaws or rules and regulations must comply with the specifications
of each. In case of conflict, this bylaw and any promulgated rules
and regulations shall supersede.
The following definitions shall apply in the interpretation
and implementation of this bylaw. Additional definitions may be adopted
by separate regulation:
Any activity that will measurably change the ability of a
ground surface area to absorb water, will change existing surface
drainage patterns, or will increase or decrease the rate or volume
of flow from a site.
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.
Site design approaches and techniques, including low-impact
development (LID) that can reduce a site's impact on the watershed
through the use of nonstructural stormwater management practices.
Better site design includes conserving and protecting natural areas
and green space, reducing impervious cover, using natural features
for stormwater management, and providing site-wide infiltration.
Any construction that disturbs or alters a parcel of land.
Any action, including removal of vegetation, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel or similar earth material.
Any use subject to the provisions of MGL c. 40A, § 3.
A permit issued for an application that meets a set of predetermined standards outlined in the regulations adopted by the Planning Board under § 252-4 of this bylaw. By meeting these predetermined standards, the proposed project will be presumed to meet the requirements and intent of this bylaw.
Any material or structure on, above or below the ground that
prevents water from infiltrating through the underlying soil. Impervious
surface is defined to include, without limitation: paved surfaces
(parking lots, sidewalks, driveways); rooftops; swimming pools; patios;
and gravel, pervious concrete, pervious pavement, pervious pavers,
and compacted dirt surfaces.
[Amended 5-2-2022 ATM
by Art. 31]
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
An ecosystem-based approach to land development and stormwater
management that ensures that each development site is designed to
protect, or restore, the natural hydrology of the site.
The latest version, as may be amended from time to time,
of the United States Environmental Protection Agency (EPA) National
Pollutant Discharge Elimination System (NPDES) general permits for
stormwater discharges from small municipal separate storm sewer systems
(MS4) in Massachusetts (as modified), authorization to discharge under
the NPDES in compliance with the provisions of the Clean Water Act
(CWA), as amended (33 U.S.C. §1251 et seq.), and the Massachusetts
Clean Waters Act, as amended (MGL c. 21, §§ 26 to 53).
[Added 5-2-2022 ATM by
Art. 31]
The latest version as may be amended from time to time of
the Stormwater Management Standards and accompanying Stormwater Handbook
issued by the Department of Environmental Protection pursuant to authority
under the Wetlands Protection Act, MGL c. 131, § 40, and
the Massachusetts Clean Waters Act, MGL c. 21, §§ 26
to 53. The Stormwater Management Standards are incorporated in the
Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k); and the
Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
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 Sudbury.
Pollution from many diffuse sources caused by rainfall, snowmelt,
or other method of pollutant transport moving over and through the
ground. As the runoff moves, it picks up and carries away natural
and human-made pollutants, finally depositing them into water resource
areas.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity in accordance
with approved plans on a specific site or tract of land. "Post-development"
refers to the phase of a new development or redevelopment project
after completion, and does not refer to the construction phase of
a project.
The conditions that exist prior to the proposed disturbance
activity. Where 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 predevelopment
conditions.
The replenishment of underground water reserves.
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site.
Rainfall or snowmelt water flowing over the ground surface
or other source which may result in transport of pollutants.
The entire parcel of land being developed.
The use of structural or nonstructural practices that are
designed to control or treat stormwater runoff pollutant loads, discharge
volumes, and/or peak flow discharge rates. Stormwater management includes
the use of low-impact development (LID) management practices.
A permit issued by the Planning Board, after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the Town from the
deleterious effects of uncontrolled and untreated stormwater runoff.
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, and as authorized by the residents of the Town of
Sudbury at the 2009 Annual Town Meeting.
A.
The Planning Board shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Planning Board may
be delegated, in writing, by the Planning Board to any Town employee,
board or agent, hereby known as the "reviewing agent."
[Amended 5-8-2012 ATM
by Art. 23]
B.
Stormwater regulations. The Planning Board may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), procedures and administration of this Stormwater Management
Bylaw by majority vote of the Planning Board, after conducting a public
hearing to receive comments on any proposed revisions. 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 standards and handbook and the Massachusetts
small municipal separate storm sewer systems general permit. The Planning
Board will utilize the policy, criteria and information, including
specifications and standards, of the most recent edition of the Massachusetts
Stormwater Management Standards and Handbook and the Massachusetts
small municipal separate storm sewer systems general permit for execution
of the provisions of this bylaw. Unless otherwise specified in the
Town of Sudbury Stormwater Regulations, stormwater management practices
that are designed, constructed, and maintained in accordance with
these design and sizing criteria will be presumed to be protective
of Massachusetts water quality standards.
[Amended 5-2-2022 ATM
by Art. 31]
D.
General stormwater management permit. The Planning Board shall have the authority to develop a general stormwater management permit (GSMP) for specific types of projects and thresholds as defined in § 252-5B of this bylaw. Requirements of the GSMP shall be defined and included as part of any stormwater regulations promulgated as a result of this bylaw. By meeting these predetermined standards, the proposed project will be presumed to meet the requirements and intent of this bylaw. If the proposed project does not meet the criteria set forth in the GSMP, the applicant must apply for a stormwater management permit (SMP).
E.
Actions by the Planning Board or its reviewing agent. The Planning
Board or its reviewing agent shall 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.
[Amended 5-8-2012 ATM
by Art. 23]
F.
Appeals of action by the Planning Board or its reviewing agent. A
decision of the Planning Board or its reviewing agent shall be reviewable
by the Zoning Board of Appeals; said appeal shall be made, in writing,
no later than 20 days from any written decision of the Planning Board
or its reviewing agent.
[Amended 5-8-2012 ATM
by Art. 23; 5-2-2022 ATM by Art.
31]
G.
Alternate stormwater mitigation. Under certain circumstances where
on-site options for stormwater mitigation are limited or where off-site
options provide better protection, the Planning Board or its reviewing
agent may allow the applicant to contribute to the implementation
of off-site stormwater mitigation. This may be allowed at the discretion
of the Planning Board or its reviewing agent only where a net public
benefit is clearly demonstrated and documented by meeting or exceeding
the purpose and intent of this bylaw.
[Amended 5-8-2012 ATM
by Art. 23]
A.
This bylaw shall be applicable to all new development and redevelopment, including, but not limited to, building permit applications, site plan applications, subdivision applications, wetland permit applications, grading applications, septic permits, earth removal permits, any activity that will result in a change in rate, volume, timing, or quality of stormwater runoff flowing from a parcel of land, or any activity that will alter the drainage characteristics of a parcel of land, unless exempt pursuant to § 252-5D of this bylaw, and no such activity shall commence until a permit under this bylaw has been issued.
B.
General stormwater management permit (GSMP) thresholds. A general
stormwater management permit (GSMP) shall be required from the Planning
Board for the following:
(1)
Any residential development or associated activity and accessory
structures that will disturb or alter from 5,000 square feet to 40,000
square feet of land or which is part of a common plan for development
that will disturb or alter from 5,000 square feet to 40,000 square
feet of land.
(2)
Disturbance or alteration, including paving or resurfacing of any
pervious surface, of from 500 square feet to 5,000 square feet of
land in a commercial, industrial, institutional or exempt use, provided
there is no net increase in impervious surface; unless such use is
an existing nonconforming use prohibited under Subsection 4242 of
the Town of Sudbury Zoning Bylaw (Water Resource Protection District).
[Amended 5-8-2012 ATM
by Art. 23]
(3)
Construction or maintenance and repair of utility lines (gas, water,
sewer or septic, electric, telephone, etc.) other than drainage lines
or systems, which will alter terrain, ground cover, or drainage patterns.
[Amended 5-8-2012 ATM
by Art. 23]
(4)
Septic system construction or modification which will alter the existing
grade by two or more feet over an area of 500 or more contiguous square
feet.
(5)
Increased discharge of groundwater or surface water directly or indirectly
into the Town of Sudbury's municipal separate storm sewer system (MS4),
including but not limited to discharge of sump pumps or perimeter
drains.
C.
Stormwater management permit (SMP) thresholds. A stormwater management
permit (SMP) shall be required from the Planning Board, or its designee,
for the following:
(1)
Any activity, including clearing or removal of vegetation, that will
disturb or alter greater than 40,000 square feet of land, or which
is part of a common plan for development that will disturb or alter
greater than 40,000 square feet of land.
(2)
Any activity, including clearing or removal of vegetation, that will
disturb or alter 5,000 square feet or more of land in areas with 10%
or greater slopes.
(3)
Any activity, including clearing or removal of vegetation, that will
disturb or alter 2,500 square feet or more of land in areas with 15%
or greater slopes.
(4)
Any activity, including clearing or removal of vegetation, that will
disturb or alter 1,000 square feet or more of land in areas with 20%
or greater slopes.
[Amended 5-8-2012 ATM
by Art. 23]
(5)
Any activity, including paving or resurfacing of any pervious surface,
on any parcel of land in a commercial, industrial, institutional or
exempt use that will disturb or alter greater than 5,000 square feet
of land.
[Amended 5-8-2012 ATM
by Art. 23]
(6)
Any development or redevelopment on a parcel of land in a commercial,
industrial, institutional or exempt use that will result in a net
increase in impervious surface of more than 500 square feet.
(7)
Any disturbance or alteration, including paving, repaving or resurfacing,
on a parcel of land in a commercial or industrial use which is an
existing nonconforming use prohibited under Subsection 4242 of the
Town of Sudbury Zoning Bylaw (Water Resource Protection District).
D.
Exemptions. No person shall disturb or alter land within the Town
of Sudbury without having obtained a stormwater management permit
(SMP) or general stormwater management permit (GSMP) for the property
with the following exceptions:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04 and
MGL c. 40A, § 3.
(2)
Maintenance of existing landscaping, gardens or lawn areas.
(3)
Construction or maintenance and repair of utility lines (gas, water,
electric, telephone, etc.), other than drainage lines or systems,
which will not alter terrain, ground cover, or drainage patterns.
(4)
Normal maintenance of Town roads, walkways and other infrastructure.
[Added 5-8-2012 ATM by
Art. 23]
(5)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by the Planning Board, Board of Health, Conservation Commission, or
Department of Public Works.
(6)
Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this bylaw.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated under § 252-4 of this bylaw.
Criteria for stormwater management standards shall be defined and included as part of any rules and regulations promulgated under § 252-4 of this bylaw.
The Planning Board, or an authorized agent of the Planning Board, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any rules and regulations promulgated under § 252-4 of this bylaw.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
