[HISTORY: Adopted by the Annual Town Meeting of the Town
of Salisbury 5-15-2023 by Art. 12. 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
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) MS4 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 pre-development 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)
Require, when feasible, the use of nonstructural stormwater management,
better site design practices or "low-impact development practices,"
such as reducing impervious cover, minimizing the area of disturbance,
increasing site-wide infiltration, and preserving open space and other
natural areas, to the maximum extent practicable.
(7)
Promote water conservation through the re-use 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
and operation 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.
(13)
Ensure that construction and waste materials, toxic materials, hazardous
materials, hazardous wastes and other pollutants used and stored on
site are prevented from mixing with stormwater runoff, which would
degrade water quality.
(14)
Establish the Town of Salisbury's legal authority and capacity
to ensure compliance with the provisions of this bylaw through funding,
permitting, inspection, monitoring, and enforcement.
(15)
Establish a permit mechanism and associated fees for activities covered
under this bylaw.
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.
One plan for development or sale, separate parts of which
are related by any announcement, piece of documentation (including
a sign, public notice or hearing, sales pitch, advertisement, drawing,
plat, blueprint, contract, permit application, zoning request, computer
design, etc.), physical demarcation (including contracts) that identify
the scope of the project. A plan may still be a common plan of development
or sale even if it is taking place in separate stages or phases, is
planned in combination with other construction activities, or is implemented
by different owners or operators.
Any construction that disturbs or alters a parcel of land.
Any action causing removal of vegetation or a change in the
position, location, or arrangement of soil, sand, rock, gravel or
similar earth material.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the Salisbury storm drain system regardless
of whether said connection was previously allowed, permitted or applied
for before the effective date of this bylaw.
Direct or indirect discharge to the Salisbury storm drain system that is not composed entirely of stormwater, including and without limitation, sewage, processed stormwater; or wash water, except as exempted in § 78-5 of this bylaw or in implementing regulations.
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 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
through 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 Salisbury.
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.
Activities that are regularly scheduled to maintain the health
and condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
The Conservation Commission or its agents designated to administer
and enforce this bylaw.
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 pre-development
conditions.
The replenishment of underground water reserves.
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site. Redevelopment includes maintenance
and improvement of existing roadways including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems and repaving; and remedial projects
specifically designed to provide improved stormwater management such
as stormwater retrofit projects.
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 storage of material for future use, excluding the storage
of materials 10 cubic yards or less secured and utilizing erosion
controls to prevent erosion of material.
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 Conservation Commission in its capacity
as the PGA, after review of an application, plans, calculations, and
other supporting documents, which are 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 and 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 Salisbury at Town Meeting dated May 15, 2023.
A.
This bylaw shall be applicable to all new development and redevelopment, land disturbance and any other activity that will result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land that exceed any of the stormwater management permit thresholds in § 78-4B, unless exempt pursuant to § 78-5 of this bylaw. This bylaw shall apply to land or parcels of land that are held in common ownership (including ownership by related or jointly controlled persons or entities) or part of a common plan of development as of the effective date of this bylaw, if the total land-disturbing activities on said land or parcels, considered as a whole, would presently or ultimately exceed the minimum thresholds in § 78-4B and are not exempted by § 78-5. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw.
B.
Stormwater management permit thresholds.
(1)
A minor stormwater management permit shall be required for any of the following, except for an activity exempt per § 78-6:
(a)
Administrative permit:
[1]
The creation of new impervious area, or expansion of existing
impervious area, greater than 200 square feet and less than 2,500
square feet.
[2]
Disturbance of land exceeding 1,000 square feet in area and
not exceeding 5,000 square feet or 10% of a parcel, whichever is less.
[3]
Stockpiling of material 10 cubic yards or more.
(2)
A major stormwater management permit shall be required for any of the following, except for an activity exempt per § 78-6:
(a)
Major permit:
[1]
Any land disturbance exceeding an area of 5,000 square feet
or more than 20% of a parcel or lot, whichever is less.
[2]
Any activity that will disturb land with a 10% or greater slope
or where an area is proposed to have a 10% or greater finished slope,
and where the land disturbance is greater than or equal to 2,500 square
feet within the sloped area.
[3]
Creation of new impervious surface area, or expansion of existing
impervious area, greater than 2,500 square feet.
[4]
The addition or on-site redistribution of more than 100 cubic
yards of earth materials, including, but not limited to, sand, gravel,
stone, soil, loam, clay, sod, fill and mineral products.
A.
Prohibited activities. The following activities are prohibited under
this bylaw:
(1)
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
MS4, into a watercourse, or into the waters of the commonwealth.
(2)
Illicit connections. No person shall construct, use, allow maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
(3)
Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Highway Department.
B.
Allowable non-stormwater discharges. The following activities are
allowed without the need for consultation with the Conservation Commission:
(1)
Discharge or flow resulting from firefighting activities.
(2)
Waterline flushing.
(3)
Flow from potable water sources.
(4)
Springs.
(5)
Natural flow from riparian habitats and wetlands.
(6)
Diverted stream flow.
(7)
Rising groundwater.
(8)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater.
(9)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation.
(10)
Discharge from landscape irrigation or lawn watering.
(11)
Water from individual residential car washing.
(12)
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine) provided the water is allowed to stand one week prior to
draining and the pool is drained in such a way as not to cause a nuisance.
(13)
Discharge from street sweeping.
(14)
Dye testing provided verbal notification is given to the Highway
Department or Board of Health prior to the time of the test; non-stormwater
discharge permitted under a NPDES permit or a surface water discharge
permit, waiver, or waste discharge order administered under the authority
of the United States Environmental Protection Agency, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations.
(15)
Discharge for which advanced written approval is received from the
Highway Department as necessary to protect public health, safety,
welfare or the environment.
Exemptions from this bylaw apply to the following activities,
provided that a project is solely comprised of any one of these activities:
A.
As authorized in the NPDES general permit for stormwater discharges
for small MS4s for Massachusetts, an activity that is wholly subject
to jurisdiction under the Wetlands Protection Act[1] and demonstrates compliance with Massachusetts stormwater
standards as reflected in an issued order of conditions, provided
that the activity also demonstrates compliance with any additional
performance standards contained in the regulations promulgated to
implement this bylaw.
[1]
Editor's Note: See MGL c. 131, § 40.
B.
Construction of any single-family or duplex dwelling on a parcel
under one acre.
C.
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act Regulations at 310 CMR 10.04
("Agricultural").
D.
Normal maintenance of Town-owned public land, ways and appurtenances.
E.
Repair, replacement, or reconstruction of an existing driveway, provided
that erosion control measures are utilized to prevent runoff and sediment
from entering a traveled way or adjacent properties.
F.
Any work or projects for which all necessary approvals and permits
were issued before the effective date of this bylaw.
G.
Normal maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling, provided erosion control
measures are utilized to prevent runoff and sediment from entering
a traveled way or adjacent properties.
H.
Construction of any fence that will not alter existing terrain or
drainage patterns.
I.
Repair or replacement of septic systems or wells when approved by
the Board of Health for the protection of public health on lots having
an existing dwelling, provided that the Board of Health determines:
J.
Construction of utilities (gas, water, wastewater systems, electric,
telephone, cable television, etc.) other than drainage which will
not alter terrain, ground cover, or drainage patterns, so long as
BMPs are used to prevent erosion, sedimentation and release of pollutants.
K.
Emergency repairs to any existing utilities (gas, water, wastewater
systems, electric, telephone, cable television, etc.) and emergency
repairs to any stormwater management facility or practice that poses
a threat to public health or safety, designated by the PGA. Where
such activity is subject to the jurisdiction of the Conservation Commission,
the work shall not proceed without the issuance of an emergency certification
by the Commission. This would require verbal authorization from the
authority having jurisdiction.
L.
The maintenance, reconstruction or resurfacing of any public way,
and the installation of drainage structures or utilities within or
associated with public ways that have been approved by the appropriate
authorities, provided that written notice be filed with the PGA 14
days' prior to commencement of activity.
M.
The removal of earth products undertaken in connection with an agricultural
use if the removal is necessary for or directly related to planting,
cultivating or harvesting or the raising or care of animals.
A.
The Conservation Commission (PGA) shall be responsible for the administration,
implementation, and enforcement of this bylaw.
B.
Any powers granted to or duties imposed upon the PGA may be delegated,
in writing, by the PGA to its employees or agents or other municipal
employees as appropriate.
C.
Stormwater and erosion control regulations ("regulations"). The PGA
may adopt, and periodically amend, rules and 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 after conducting a public
hearing to receive comments on the proposed rules and regulations
or any proposed revisions. Such hearing dates shall be advertised
in a newspaper of general local circulation at least seven days'
prior to the hearing date. Failure of the PGA 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.
D.
Massachusetts stormwater handbook. The PGA will utilize the policy,
criteria and information, including specifications and standards,
of the most recent edition of the Massachusetts Stormwater Handbook
for execution of the provisions of this bylaw. Unless otherwise specified
in the 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.
E.
Stormwater management permit. The PGA's agent shall have the authority to issue an administrative stormwater management permit (ASMP) for projects exceeding the thresholds defined in § 78-4B(1) of this bylaw and not otherwise exempted by § 78-6. The PGA shall have the authority to issue a major stormwater management permit (SMP) for projects exceeding the thresholds defined in § 78-4B(2) of this bylaw and not otherwise exempted by § 78-6. Requirements of the SMP may be defined and included within the regulations promulgated pursuant to § 78-7C of this bylaw.
F.
Action by the PGA. Each application for a stormwater management permit
that complies with the regulations, and is determined to be a complete
application by the PGA, shall be acted upon within 45 days of the
date of filing with the PGA and the Town Clerk, unless such application
has been withdrawn from consideration. If the PGA determines the application
is incomplete, including insufficient information to describe the
site, the work, or the effect of the work on water quality and runoff
volume, the PGA may disapprove the application and deny the permit.
The PGA may take any of the following actions as a result of an application
for a stormwater management permit:
(1)
Approve the permit application upon finding that the proposed plan
will protect water resources and meets the objectives and requirements
of this bylaw;
(2)
Approve the permit application with conditions, modifications or
restrictions that are required to ensure that the project will protect
water resources and meets the objectives and requirements of this
bylaw; or
(3)
Disapprove the permit application if the proposed plan will not protect
water resources or fails to meet the objectives and requirements of
this bylaw.
G.
Appeals of action by the PGA. A decision of the PGA shall be final.
Further relief of a decision by the PGA made under this bylaw shall
be to a court of competent jurisdiction.
H.
Waivers.
(1)
The PGA may waive strict compliance with some of the requirements
of this bylaw or the rules and regulations promulgated hereunder,
if it determines that some of the application requirements are unnecessary
because of the size or character of the development project or because
of the natural conditions at the site and where such action:
(2)
Any request from an applicant for a waiver of these rules shall be
submitted, in writing, to the PGA at the time of submission of the
application. Such requests shall clearly identify the provision(s)
of the requirement(s) from which relief is sought and be accompanied
by a statement setting forth the reasons why, in the applicant's
opinion, the granting of such a waiver would be in the public interest
or the specific information required to show strict compliance is
irrelevant to the project, and why a waiver would be consistent with
the intent and purpose of this bylaw and the rules and regulations
promulgated hereunder.
Criteria for stormwater management standards shall be defined and included as part of any rules and regulations promulgated under § 78-7C of this bylaw.
A.
The PGA, or an authorized agent of the PGA, shall enforce this bylaw,
and any regulations, permits, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for violations.
B.
If a person violates the provisions of this bylaw or its regulations,
or a permit, notice or order issued thereunder, the PGA may seek injunctive
relief in a court of competent jurisdiction to restrain the person
from activities which would create further violations or to compel
the person to perform abatement or remediation of the violation.
C.
The PGA, or an authorized agent of the PGA, may issue a written order
to enforce the provisions of this bylaw or the regulations, which
may include requirements to:
(1)
Cease and desist from land-disturbing activity until there is compliance
with the bylaw or provisions of an approved stormwater management
permit;
(2)
Maintain, install or perform additional erosion and sediment control
measures;
(3)
Perform monitoring, analyses, and reporting;
(4)
Remediate erosion and sedimentation resulting directly or indirectly
from land-disturbing activity;
(5)
Comply with requirements in the stormwater management permit for
operation and maintenance of stormwater management systems; and
(6)
Remediate adverse impacts resulting directly or indirectly from malfunction
of the stormwater management systems. If the PGA or its authorized
agent determines that abatement or remediation is required, the order
shall set forth a deadline by which such abatement or remediation
must be completed.
D.
If the Conservation Commission or its authorized agent determines
that abatement or remediation of a violation 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 Salisbury may, at its option,
pursue a court order allowing the Town to undertake such work, and
expenses thereof shall be charged to the violator.
E.
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 of Salisbury,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Conservation Department 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 Conservation Commission 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.
F.
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 members the Conservation Commission,
including the Commission's 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 Conservation
Commission deems reasonably necessary. Refusal to grant voluntary
access to a site may be grounds for denial of a stormwater permit
application.
G.
Criminal penalties. Any person who violates any provisions of this
bylaw, regulation, order or permit issued hereunder may be subject
to criminal penalties and prosecution in a court of competent jurisdiction
and/or a fine of $300 per violation. Each day a violation occurs or
continues shall constitute a separate violation.
H.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and § 1-6 of the Town Code, in which case any police officer of the Town of Salisbury, the Conservation Commission's agent, or Building Inspector and such other persons as are authorized by the PGA shall be the enforcing person. If noncriminal disposition is used, any person who violates any provision of this bylaw, regulation, order or permit issued thereunder shall be subject to a fine of $50 for a first violation, and $300 for a second and all subsequent violations. Each day or part thereof that a violation occurs or continues shall constitute a separate violation.
I.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available to the PGA or the Town under
any applicable federal, state or local law.
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.
