[Adopted 10-28-2008 STM, approved 1-26-2009; amended 4-28-2009 ATM, approved 6-18-2009 (Art. 6, Ch. 800, of the General Bylaws)]
[1]
Editor's Note: This article, formerly "Post -Construction Stormwater Management," was renamed 5-9-2023 ATM by Art. 30, approved 8-31-2023
A. 
Establishment of stormwater management standards.
(1) 
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Longmeadow's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff and erosion and sedimentation associated with developed land uses and the accompanying increase in impervious surface are major causes of:
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(a) 
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;
(b) 
Contamination of drinking water supplies;
(c) 
Erosion of stream channels;
(d) 
Alteration or destruction of aquatic and wildlife habitat; and
(e) 
Localized flooding; and
(f) 
Overloading or clogging of municipal catch basins and storm drainage systems.
(2) 
Therefore, this bylaw establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off-site and downstream which would be borne by abutters, townspeople and the general public.
(3) 
This bylaw and the rules and regulations promulgated hereunder are also intended to bring the Town of Longmeadow into compliance with requirements in the United States Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts ("Massachusetts Small MS4 General Permit").
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
B. 
The objectives of this bylaw are:
(1) 
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;
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(2) 
To protect groundwater and surface water from degradation;
(3) 
To promote infiltration and recharge of groundwater;
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(4) 
To promote the use of low-impact development approaches, including utilizing environmentally sensitive site design, minimizing impervious surfaces, and treating and infiltrating stormwater at the source:
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023[1]]
[1]
Editor's Note: This article also renumbered former Subsection B(4) through B(7) as Subsection B(6) through B(9).
(5) 
To require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality;
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(6) 
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;
(7) 
To establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure they continue to function as designed and pose no threat to public safety;
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(8) 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
(9) 
To establish the Town's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
As used in this article, the following terms shall have the meanings indicated:
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, 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.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CLEARING
Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area, including adjacent lots and/or nonadjacent disturbance on one lot, where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. This includes, but is not limited to, the following examples:
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
A. 
If a developer owns two adjacent lots and proposes development of each on the same or different timelines.
B. 
If a developer buys a twenty-acre lot and builds roads, installs pipes, and runs electricity with the intention of constructing homes or other structures sometime in the future, this would be considered a larger common plan of development or sale. If the land is parceled off or sold, and construction occurs on plots that are less than one acre by separate, independent builders, this activity still would be subject to stormwater permitting requirements if the smaller plots were included on the original site plan.
DEVELOPMENT
The modification of land to accommodate a new use or expansion of use, usually involving construction.[1]
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 material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
INFEASIBLE
Not technologically possible, or not economically practicable and achievable in light of best industry practices.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023[2]]
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 Longmeadow.[3]
OWNER
A person with a legal or equitable interest in property.
NEW DEVELOPMENT
Any construction activities or land alteration resulting in total land disturbance equal to or greater than one acre (or activities that are part of a larger common plan of development disturbing equal to or greater than one acre) on an area that has not previously been developed to include impervious surface.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
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.[4]
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious surfaces resulting in total land disturbances equal to or greater than one acre (or activities that are part of a larger common plan of development disturbing equal to or greater than one acre) that does not meet the definition of "new development." Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width are subject to the requirements of this bylaw.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SITE
The area extent of construction activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface, excluding redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways as described under the definition of "redevelopment" above.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a Stormwater Management and Land Disturbance Permit.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
THE DPW
The Town of Longmeadow Department of Public Works (DPW).
THE DPW Director
The Town of Longmeadow Director of Public Works appointed pursuant to Section 6-3(b) of the Town Charter.
[Amended 10-25-2022STM by Art. 23, approved 2-22-2023]
TSS
Total suspended solids.
WATERS OF THE COMMONWEALTH
All waters within the Commonwealth, including without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and ground waters (From 314 CMR 9.02).
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
[1]
Editor's Note: The former definition of "disturbance of land," which immediately followed this definition, was repealed 5-9-2023 ATM by Art. 30, approved 8-31-2023.
[2]
Editor's Note: This article also repealed the former definition of "Massachusetts Stormwater Management Policy," which immediately followed this definition.
[3]
Editor's Note: The former definitions of "operation and maintenance plan," "outfall," and "outstanding resource waters (OWRS)," as amended, which immediately followed this definition, were repealed 5-9-2023 ATM by Art. 30, approved 8-31-2023.
[4]
Editor's Note: The former definition of "point source," which immediately followed this definition, was repealed 5-9-2023 ATM by Art. 30, approved 8-31-2023.
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.
A. 
The bylaw shall apply through the Town of Longmeadow to any activities that result in the disturbance of one or more acres of land. A Stormwater Management and Land Disturbance Permit must be obtained prior to any construction activity, (including clearing, grading and excavation), that results in a land disturbance equal to or greater than one acre of land, or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land. Such construction activities may not be phased or segmented to evade, defer or curtail review under this bylaw. The DPW Director shall have sole authority to make such a determination and shall consider all facts and circumstances in making the determination as to whether various work or activities constitute one project, including but not limited to:
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(1) 
Whether the work or activities, taken together, comprise a common plan or independent undertakings, regardless of whether there is more than one proponent;
(2) 
Any time interval less than two years between the work or activities; and
(3) 
Whether the stormwater management and land disturbance impacts caused by the work or activities are separable or cumulative.
B. 
Projects disturbing less than one acre but discharging directly or indirectly to the municipal storm drain system should consider low-impact development performance standards as described in Section B, General Performance Standards, of the rules and regulations promulgated hereunder in order to minimize flows to the municipal storm drain system.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023[1]]
[1]
Editor's Note: This article also redesignated former Subsection B as Subsection C.
C. 
Exemptions. The following activities may be exempt from the requirements for submittal and approval of a Stormwater Management and Land Disturbance Permit but must meet the stormwater management and erosion and sediment control performance standards as described in the rules and regulations promulgated hereunder. Nevertheless, all projects shall improve existing conditions unless infeasible.
[Amended 10-25-2022STM by Art. 23, approved 2-22-2023; 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04.
(2) 
Any logging that is consistent with a forest cutting plan approved under the Forest Cutting Practices Act by Massachusetts Department of Conservation and Recreation.
(3) 
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling; conducted in such a way as not to impact the Municipal Storm Drain System.
(4) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns.
(5) 
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns or result in discharge of sediment or other pollutants to the MS4 or, directly or indirectly, to Waters of the Commonwealth.
(6) 
Repairs to any water, sewer, and stormwater management system deemed necessary by the Longmeadow Department of Public Works;
(7) 
Any emergency activity that is immediately necessary for the protection of life, property or the environment, as determined by the Longmeadow Department of Public Works;
(8) 
Activities that are exclusively limited to maintenance and improvement of existing sidewalks and roadways (including less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects). Roadway widening or improvements that increased the amount of impervious area on the redevelopment site by greater than or equal to a single lane width are subject to the requirements of this bylaw.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
A. 
The DPW Director shall administer, implement and enforce this bylaw and the rules and regulations promulgated hereunder. Any powers granted to, or duties imposed upon, the DPW Director may be delegated by the DPW Director to their employees or agents.
B. 
Rules and regulations. The DPW Director may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this bylaw. Rules, regulations, or guidance shall identify requirements for all such Stormwater Management and Land Disturbance Permits required by this bylaw and shall be consistent with or more stringent than the relevant requirements of the most recent MS4 Permit. The DPW Director may adopt or amend rules and regulations after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general circulation, at least seven days' prior to the hearing date. Failure by the DPW Director to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.
[1]
Editor's Note: Former §§ 295-59, Permits and procedure; 295-60, Stormwater management plan; 295-61, Operation and maintenance plans; 295-62, Surety; and 295-63, Inspections, as amended, were repealed 5-9-2023 ATM by Art. 30, approved 8-31-2023.
A. 
The DPW Director may waive strict compliance with any requirement of this bylaw or the rules and regulations promulgated hereunder where such action:
(1) 
Is allowed by federal, state and local statutes and/or regulations;
(2) 
Is in the public interest; and
(3) 
Is not inconsistent with the purpose and intent of this bylaw and accompanying rules and regulations.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
B. 
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaw does not further the purposes or objectives of this bylaw.
C. 
All waiver requests shall comply with the opportunity for public comment as prescribed in the rules and regulations promulgated by this Bylaw.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
D. 
If in the opinion of the DPW Director or their authorized agent additional time or information is required for review of a waiver request, the DPW Director shall request such information deemed necessary for a complete review of the waiver. The waiver review may continue until such time that the information is provided. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
A. 
For projects where stormwater discharges are subject to jurisdiction of the Wetlands Protection Act, the Conservation Commission will include Department of Public Works in the application review process. An order of conditions issued by the Conservation Commission that demonstrates a project's compliance with the Massachusetts Stormwater Management Standards and the MS4 permit standards within this bylaw and rules and regulations promulgated hereunder will serve as the Stormwater Management and Land Disturbance Permit.
B. 
Projects that trigger other permitting thresholds, such as site and design review under the Town's Zoning Bylaw and/or Subdivision rules and regulations, must fulfill the conditions of each permitting process as required by the relevant permit granting authority. Completion of the Stormwater Management and Land Disturbance Permit process does not in any way relieve the applicant from complying with all other applicable federal, state, and Town bylaws and regulations. It is the applicant's responsibility to determine which regulations apply to their activity, and to complete all necessary compliance requirements. The Stormwater Management and Land Disturbance Permit process may be completed prior to other Town authorities issuing their permits.
A. 
The DPW Director shall enforce this bylaw, rules and regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
B. 
Orders.
(1) 
The DPW Director may issue a written order to enforce the provisions of this bylaw or the rules and regulations thereunder, which may include requirements to:
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(a) 
Cease and desist from construction or land disturbing activity until there is compliance with this bylaw, the rules and regulations promulgated thereunder, and the Stormwater Management and Land Disturbance Permit.
(b) 
Repair, maintain or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan.
(c) 
Perform monitoring, analyses, and reporting.
(d) 
Remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system.
(2) 
If the enforcing person determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Longmeadow may, at its option, undertake such work, and the property owner shall reimburse the Town's expenses.
(3) 
Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall 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 DPW Director 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 DPW Director affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57, after the 31st day at which the costs first become due.
C. 
Criminal penalty. Any person who violates any provision of this bylaw, or regulation, order or permit issued thereunder, shall be punished by a fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. 
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, and Chapter 1, Article III, of the General Bylaws of the Town, in which case the DPW Director shall be the enforcing person. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. 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.
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
E. 
Appeals. The decisions or orders of the DPW Director may be appealed to the Town Manager by the party who is subject of the decision or order. A written notice of the appeal shall be filed with the Town Manager within 30 days or receipt of the order or decision being appealed from. The Town Manager shall hold a hearing within 30 days of receipt of the notice of appeal and shall issue a decision within 30 days of conclusion of the hearing. Further relief from a decision by the Town Manager shall be to a court of competent jurisdiction.
F. 
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.
G. 
Violations. Any development activity that has commenced or is conducted contrary to these rules and regulations and associated bylaw may be restrained by injunction or otherwise abated in a manner provided by law.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
H. 
Notice of violation. When the DPW Director determines that an activity is not being carried out in accordance with the requirements of these rules and regulations and associated bylaw, they shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
(1) 
The name and address of the owner applicant.
(2) 
The address when available or the description of the building, structure, or land upon which the violation is occurring.
(3) 
A statement specifying the nature of the violation.
(4) 
A description of the remedial measures necessary to bring the development activity into compliance with these rules and regulations and associated bylaw and a time schedule for the completion of such remedial action.
(5) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(6) 
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 30 days of service of notice of violation pursuant to MGL c. 40A, § 15.
I. 
Stop-work orders. Persons receiving a notice of violations will be required to halt all construction activities. This stop-work order will be in effect until the DPW Director confirms that the development activity is in compliance and the violation has been satisfactorily addressed; the DPW Director may utilize the services of a Massachusetts registered engineer to verify compliance. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this bylaw.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
J. 
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the DPW Director may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
K. 
Holds on certificate of completion. Certificates of completion will not be granted until corrections to all stormwater practices have been made and accepted by the DPW Director.
[Added 5-9-2023 ATM by Art. 30, approved 8-31-2023]
[Amended 5-9-2023 ATM by Art. 30, approved 8-31-2023]
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 for any reason, all other provisions shall continue in full force and effect.