No landowner or land operator shall receive any of the building, grading, or other land development permits required for land disturbance activities, and no landowner shall commence land disturbance activities, without approval of a stormwater management permit from the Planning Board and meeting the requirements of this bylaw.
A. 
Rules and regulations. The Planning Board shall adopt rules and regulations setting forth reasonable and necessary application requirements and processing procedures. These procedures shall provide for a reasonable and timely review of all applications in accordance with the Stormwater Management Bylaw.
B. 
Applications to conform. All applications for permits under this Stormwater Management Bylaw shall demonstrate conformity to this Stormwater Management Bylaw and must conform to the Planning Board's rules and regulations unless a waiver is being requested or has been granted.
C. 
The applicant may request, and the South Hadley Planning Board may grant, a waiver from any information requirements it judges to be unnecessary to the review of a particular plan.
A. 
The procedures for review and approval of stormwater management permits shall be consistent with the review procedures of the Planning Board for other land development permits such as site plan review, special permit, or definitive subdivision plans.
B. 
The Planning Board shall refer copies of the stormwater management permits to the Director of Planning and Conservation or their designee and other appropriate Town boards/departments for review, and shall consider any comments submitted by the Director of Planning and Conservation or their designee and other appropriate Town boards/departments during the review period.
C. 
The Planning Board shall hold a public hearing within 65 days of the receipt of a complete application and shall take final action within 21 days from the close of the hearing unless such time is extended by agreement between the applicant and the Planning Board. Notice of the public hearing shall be given by publication in a local paper of general circulation, by posting and by first-class mailings to abutters at least seven days prior to the hearing. When the application is part of a definitive subdivision plan, site plan, or special permit application, the notice and hearing for the stormwater permit requested under this bylaw shall be carried out concurrently with any other application submitted to the Planning Board unless requested otherwise by the applicant.
D. 
Notification of project changes must be submitted to the Planning Board following the procedures for new submittals. However, the Planning Board may waive, as it determines consistent with the purposes of this bylaw, parts of the otherwise required procedures. Project changes consist of revisions to the proposed plans that results in an approximately 10% change in total land alteration from the previous application or any addition, removal or change to proposed stormwater best management practices.
In addition to other criteria used by the South Hadley Planning Board in making permit decisions, for the uses/activities specified in this bylaw, the Planning Board must also find that the stormwater management and erosion and sediment control plan submitted with the permit application meets the following criteria:
A. 
The stormwater management and erosion and sediment control plan is consistent with the purposes and objectives of this bylaw in Article I;
B. 
Provisions for stormwater management meet the performance standards described in Article VI;
C. 
Provisions for stormwater management meet the requirements described in Section 2.3.6.a of the Massachusetts MS4 permit. In some cases, these requirements exceed the requirement of the Stormwater Design Manual;
D. 
Provisions for stormwater management shall utilize low impact design concepts as described in the Stormwater Design Manual;
E. 
Provisions for erosion and sediment control meet the design requirements in Article VII;
F. 
Provisions for erosion and sedimentation control meet the design requirements in Section 2.3.5.c of the Massachusetts MS4 permit.
A. 
The Planning Board's action, rendered in writing, shall consist of either:
(1) 
Approval of the stormwater management permit application based upon determination that the proposed plan meets the purposes in Article I and the standards in Article VI and design requirements in Article VII and will adequately protect the Town of South Hadley's water resources and is in compliance with the requirements set forth in this bylaw;
(2) 
Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the Board which will ensure that the project meets the purposes in Article I and the standards in Article VI and design requirements in Article VII and adequately protects the Town of South Hadley's water resources, as set forth in this bylaw;
(3) 
Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the purposes in Article I and the standards in Article VI and/or design requirements in Article VII or adequately protect the Town of South Hadley's water resources, as set forth in this bylaw.
B. 
Failure of the Board to take final action upon an application within the time specified above shall be deemed an approval of said application. Upon certification by the Town Clerk that the allowed time has passed without Board action, the Board must issue a stormwater management permit.
A. 
No plan will be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the Department of Public Works, and other departments as appropriate, for scheduling the following inspections:
(1) 
Initial inspection; prior to approval of any plan.
(2) 
Erosion and sediment control inspections; prior to site clearing, after rough grading and final grading to ensure erosion and sediment control practices are in accord with the plan. Site clearing will not commence without prior installation of erosion and sedimentation controls. Site clearing will not commence without prior inspection and approval of erosion and sedimentation controls by the Department of Public Works or its designee, as appropriate.
(3) 
Inspection of the excavation of any infiltration drainage best management practices such as subsurface infiltration fields, drywells, bioretention basins, infiltration swales, etc. This inspection will confirm that soil conditions in the excavation are suitable and/or conducive for stormwater infiltration.
(4) 
Bury inspection; prior to backfilling of any underground drainage or stormwater conveyance structures.
(5) 
Final inspection; when all work, including construction of stormwater management facilities and landscaping, has been completed. Final inspection shall include a full, dated TV inspection of all stormwater pipes installed at the discretion of the Director of Public Works. The Department of Public Works or its agent shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved plan. Any portion of the work which does not comply shall be promptly corrected by the applicant or the applicant will be subject to the bonding provisions of Article IX or the penalty provisions of Article X. The Town may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
B. 
After the stormwater management system has been constructed and before any surety has been released, all applicants are required to submit as-built plans for any stormwater management facilities or practices after final construction is completed. As-built plans must be submitted within two years of completion of construction. The system shall be inspected to confirm its as-built features.
When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system or sanitary sewer, the filing of an application shall be deemed as the property owner's permission to the South Hadley Department of Public Works or its designee for the right to enter the property at reasonable times and in a reasonable manner for the purpose of the inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this bylaw is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this bylaw.
The Planning Board shall establish a schedule for application fees, inspection fees, and review fees and appropriate application forms.
A. 
The application fee shall be paid in full along with the application required under this bylaw.
B. 
In addition to an application fee, the Planning Board may also charge an application review fee under MGL c. 44, § 53G, to cover third-party review, if needed.
C. 
Inspection fee. The fee for site inspections shall be based on the fee structure established by the South Hadley Planning Board in the regulations. The fee shall be paid to prior to initiation of any work on the site which requires compliance with the provisions of this bylaw.