Article IV Filing Requirements

General provisions.

The Bylaw at § 227-4D of the Easton Town Code authorizes the Conservation Commission to charge a filing fee for a request for a determination and an application for a permit for work and to set the amount of this fee by regulation. The schedule of filing fees is in Appendix C,[1] payable at the time of application, and such fees are nonrefundable. All applications reviewed by the Commission are listed below. If a particular project type is not described below, the prospective applicant is encouraged to seek pre-application assistance from the Conservation Commission. The Commission does not consider an application or request received until the filing fee is paid.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter in the online version of the Code.

Town, county, state, and federal projects are exempt from filing fees.

The Conservation Commission will consider reduced fees in the following three instances: 1) Agricultural activities are not exempt under the wetlands bylaw at § 227-3A: 2) Projects by applicants that the Easton Assessor's Office find eligible for a tax exemption under G.L. c. 61A, and 3) activities by a non-profit organization that enhance open space or wetland values found at § 503-1.

(d)

The Bylaw filing fees are in addition to the filing fees charged under MGL c. 131, § 40, and Mass. Regs. Code tit. 310, §§ 4.00,10.03(7).

(e)

The maximum fee amount shall be $10,000.

Consultant fees.

The Bylaw, at § 227-4E through J, authorizes the Conservation Commission to impose fees on the applicant to pay for expert consultants to the Commission to aid in and expedite the Commission's review of the proposed project. If the Commission elects to engage a consultant to assist with plan reviews, the Commission shall notify the applicant, within 21 days of the filing of the application, of its designation of an outside consultant. The applicant shall submit the full fee amount prior to the town's consultant receiving the notice to proceed with the peer review. Failure of an applicant to pay a review fee within 10 days shall be grounds for denial of the Permit.

§ 503-24 Filing requirements: information, plan standards, conditions for site inspection.

All activities involved with a consultant (peer) review shall follow: M.G.L. c. 44, § 53G.

Generally. The information provided to the Conservation Commission to enable it to review an application for a permit for work or a determination shall describe the proposed activity and its effect on the environment. By effect on the environment, the Conservation Commission requires a discussion of the effect of the proposed project on all Bylaw wetland values, which are listed in § 503-1 and defined in § 503-4 of the Easton Town Code. In addition, due regard shall be shown for all natural features such as large trees, watercourses and water bodies, wildlife habitat, and similar community assets.

Minimal submittal requirements for applications. Applicants should refer to Filing Checklists provided by the Conservation Office.

The applicant may submit, or be required to submit, any further information that will assist the Conservation Commission in its review and deemed necessary to determine the proposed effect on the Bylaw wetlands values, listed in § 503-1 of the Easton Town Code. However, the Conservation Commission may waive any of the plan requirements for projects deemed insignificant.

The applicant must submit the application with all relevant material electronically using the online permitting system found at the Town of Easton website. Original material and two hard copies will be accepted by the Conservation Commission only where the applicant can demonstrate they do not have access to or the means to access a computer.

An appropriate request or application forms.

An eight-and-one-half-inch by eleven-inch reproduction of the United States Geological Survey (USGS) quadrangle sheet showing the project locus.

One or more appropriate drawings or plans of the project site and Bylaw resource areas. Where the project requires two or more plans or drawings to show the locus, an eight-and-one-half-inch by eleven-inch sheet clearly identifying the proposed site and work in addition to the labeled boundaries of the resource areas.

(d)

The names and addresses of the record owner(s), the applicant(s) and of all abutters, as determined by the most recent local tax list unless the applicant shall have a more recent knowledge of such abutters.

(e)

A description of any alteration to flood storage capacity on the site. Include calculations if necessary.

(f)

The maximum groundwater elevations. The calendar dates of measurements, samplings, and percolation tests shall be included, regardless of planned sewer connections.

(g)

The soil characteristics in representative portions of the site.

(h)

A runoff plan and calculations using the Rational Method for pipe size and the TR-55/TR-20 Soil Conservation Service methods for all drainage and flood storage design.

(i)

The methods to be used to stabilize and maintain any embankments facing any area subject to protection under the Bylaw, except land subject to flooding, buffer zones, and riverfront areas, or show on a professionally prepared plan existing slopes of less than or equal to 3:1.

(j)

The methods to control erosion during and after construction, which shall be in accordance with the Massachusetts Department of Environmental Protection's current guidelines.

(k)

Where applicable, a description and calculation of peak flow and estimated water quality characteristics of discharge from a point source (both closed and open channel) when the point of discharge falls within a resource area subject to protection under the Bylaw.

Delay in opening public hearing if application incomplete. The Bylaw at § 227-5C of the Easton Town Code states that the "Commission shall commence the public hearing within 21 days of the receipt of a completed application or request for determination." Where the Conservation Commission does not receive the minimum filing requirements it shall deem the application incomplete. The minimum filing requirements include payment of the filing fee as provided in § 503-23 of the Easton Town Code.

Plans (drawings).

Required plans and information. All plans shall contain applicable information listed in Appendix D: Plan Requirements.[1] The Conservation Commission requires that plans be stamped by a duly licensed Registered Professional Engineer or Registered Land Surveyor. This requirement may be waived by the Conservation Commission at its discretion for small projects where professional design may not be warranted. All plans and information shall be submitted which completely and accurately describe the proposed activity and proximity to wetland resource areas protected by the bylaw. Plans shall also include other Federal, State or local laws applicable to the project. For example, if a new septic system or a septic system repair is proposed in an area subject to Conservation Commission jurisdiction, plans must show compliance with the design setbacks of Title 5 of the Massachusetts Sanitary Code.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter in the online version of the Code.

Conditions required for site inspection. Before the Conservation Commission or the Commission's agent can conduct a site inspection, the following conditions must be met:

Stakes shall be provided as follows. Failure to have the lot staked may result in no review and thus costly delay of the project. If the lot is not staked in accordance with the requirements below, the application shall not be considered complete and, therefore, the twenty-one-day period to open the public hearing, as provided in the Bylaw at § 227-5C of the Easton Town Code, does not begin.

Stakes indicating the corners of houses or other structures nearest the Bylaw resource area and area subject to protection under the Act;

Stakes indicating the septic tank and the leaching field location; and

Stakes indicating the limit of work.

Lot number or house number must be posted at location.

§ 503-25 Stormwater management standards.

Boundaries of all Bylaw resource areas and areas subject to protection under the Act shall be marked appropriately.

(4)

Directions shall be made available to the Conservation Commission to locate property.

Applicability.

No Area Subject to Protection under the Act or Bylaw may be altered or filled for the impoundment or detention of stormwater, the control of sedimentation or the attenuation of pollutants in stormwater discharges, and the applicable performance standards shall apply to any such alteration or fill.

Except as expressly provided herein, stormwater runoff from all industrial, commercial, institutional, office, residential and transportation projects that are subject to regulation under Chapter 227 of the Town of Easton Bylaw and the Easton Wetlands Regulations, Chapter 503 of the Easton Town Code including site preparation, construction, and redevelopment and all point source stormwater discharges from said projects within an Area Subject to Protection under the Act and Bylaw or within the Buffer Zone shall be provided with stormwater best management practices to attenuate pollutants and to provide a setback from the receiving waters and wetlands in accordance with the Stormwater Management Performance Standards.

Compliance with the Stormwater Management Standards does not relieve a discharger of the obligation to comply with all applicable Federal, State, and local laws, regulations and permits.

Performance Standards. Shall comply with Wetland Protection Act 310 CMR 10.05(6)(k-q), except for:

Stormwater management systems shall be designed to remove 90% of the average annual post-construction load of Total Suspended Solids (TSS). This Standard is met when:

Suitable practices for source control and pollution prevention are identified in a long-term pollution prevention plan and thereafter are implemented and maintained;

Structural stormwater best management practices are sized to capture the required water quality volume determined in accordance with Massachusetts Stormwater Handbook; and

Stormwater discharges to Outstanding Resource Waters, Special Resource Waters, within an Area of Critical Environmental Concern and their buffer zones shall be removed and set back from the receiving water or wetland and receive the highest and best practical method of treatment. Stormwater discharges to a Zone I or Zone A are prohibited, unless essential to the operation of the public water supply.

A redevelopment project is required to meet the following Stormwater Management Standards: Standard 2, Standard 3, and the pretreatment and structural stormwater best management practice requirements of Standards 4, 5 and 6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent practicable. A redevelopment project shall also comply with all other requirements of the Stormwater Management Standards and improve existing conditions.

Applicability. The Stormwater Management Standards shall apply to the maximum extent practicable to the following:

Housing development and redevelopment projects comprised of detached single-family dwellings on three or more lots;

Housing development and redevelopment projects comprised of detached single-family dwellings on one or two lots that that may potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6);

Multi-family housing development and redevelopment projects including condominiums, cooperatives, apartment buildings, and townhouses; and

(4)

Footpaths, bike paths and other paths for pedestrian and/or nonmotorized vehicle access.

Exceptions - the Stormwater Management Standards shall not apply to:

Housing development and redevelopment projects comprised of detached single-family dwellings on one or two lots with stormwater discharges that do not potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6);

Multi-family housing development and redevelopment projects, including condominiums, cooperatives, apartment buildings and townhouses, that do not potentially affect, as determined by the Commission, a critical area as discussed in § 503-28B(6); and

Emergency repairs to roads or their drainage systems.

Compliance.

Project proponents seeking to demonstrate compliance with some or all of the Stormwater Management Standards to the maximum extent practicable must demonstrate that:

They have made all reasonable efforts to meet each of the Standards;

They have made a complete evaluation of possible stormwater management measures including environmentally sensitive site design and low impact development techniques that minimize land disturbance and impervious surfaces, structural stormwater best management practices, pollution prevention, erosion and sedimentation control and proper operation and maintenance of stormwater best management practices; and

If full compliance with the Standards cannot be achieved, they are implementing the highest practicable level of stormwater management.

Operations and Maintenance. The ability of Stormwater Management structures and elements to achieve the intended result is fully dependent on the system functioning properly on a continuing basis. To ensure the structures and elements are operated and maintained according to plan, the applicant shall submit an annual report to the Commission for review no later than January 31 of each year. This report shall correlate to the originally approved Operations and Maintenance plan and shall include:

Reference to each structure or element comprising the overall stormwater management system;

Maintenance conducted over the past year, including dates and contractors;

Observations of function; and

(d)

Recommendation and schedule for repairs, as necessary. Repairs must be documented in the next annual report.

Failure to provide the report by the date due will result in a fine of up to $100 per business day beyond the January 31 due date.

Submittals.

Information. Every project subject to the Town of Easton's Stormwater Management Regulations and/or the State Stormwater Management Regulations shall submit a Stormwater Management Report. This report should document the stormwater management system proposed and provide the Town and its consultants with the information necessary to adequately evaluate the design.

Minimal Submittal Requirements.

Supply one copy of original material to the Easton Conservation Commission, plus either six hard copies or one electronic version in Portable Document Format (PDF). Original material must conform to the submission requirements of § 503-25 and be printed double sided where feasible; electronic versions deemed illegible will be rejected by the Commission.

Reports should not include any information that is not relevant to the particular project being proposed. For example, portions of the regulations should not be quoted within the report unless they provide meaningful relevance; items in the checklist which have not been checked as applying to the proposed project should not be included; do not include appendices if there is no associated or relevant content.

The report shall be ordered such that there is a section labeled and referenced to correlate directly to each section of the Massachusetts Department of Environmental Protection Checklist for Stormwater Report. All sections and information listed below shall be included in the report, in the order listed. Each section should be clearly labeled and separated from the previous section. The following information, at a minimum, must be included in the report:

[1]

Title. Identify the project name, location (e.g., street address and map and lot #), DEP/Easton File Number, applicant, and engineer.

[2]

Introduction. This should be a summary narrative that includes:

A description of existing topography and landscape at the site.

[b]

Existing stormwater drainage patterns.

[c]

Existing soil conditions and times of concentrations.

[d]

Proposed topographic, landscape and soil changes.

[e]

Proposed treatment methods and resulting stormwater drainage patterns.

[f]

Summary, in tabular format, of pre- and post-development curve numbers, run-off rates and times of concentration.

[3]

MADEP Checklist for Stormwater Report and Certification.

[4]

Low Impact Design Measures.

Summary of LID measures proposed.

[b]

Detailed Description of and relevant design information for each method proposed.

[c]

Operations and Maintenance plans for each design element.

[5]

Stormwater Management Standards.

For each standard cited at § 503-28B. Performance Standards, address each in sufficient detail. At a minimum, the detail should include a summary of the supporting calculations. The full drainage analysis calculations should be provided in an addendum to the report.

[6]

Operations and Maintenance Plan.