[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 5-5-2008 ATM by Art. 30. Amendments noted where applicable.]
[Amended 12-14-2009 STM by Art. 7]
A. 
The purposes of this Chapter are to: 1) protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment; and 2) protect, maintain, and enhance the public safety, environment and general welfare by establishing minimum standards and procedures to control runoff and prevent soil erosion and sedimentation resulting from construction/alteration and development.
A. 
This Chapter shall apply to all construction activity listed in § 172-2B of this Chapter unless exempt pursuant to § 172-2C. Activities that do not result in land disturbance are not subject to this Chapter.
B. 
A Stormwater Management Permit (SMP) shall be required from the Planning Board for the following:
(1) 
Construction activities that will result in land disturbance of one acre in area or more, or which is part of a common plan for development that will disturb one acre or more;
(2) 
Construction activities that will disturb land with 15% or greater slope, and where the land disturbance is greater than or equal to 10,000 square feet within the sloped area;
(3) 
Any construction activity that will increase the amount of impervious surface to more than 50% of the area of a lot.
C. 
Exemptions. A Stormwater Management Permit shall not be required for the following activities, whether or not such activity results in disturbance or alteration that meets or exceeds the SMP requirements of Section 172-3B:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and M.G.L. c. 40A, § 3;
(2) 
Activities conducted in accordance with a Forest Stewardship Plan approved by the Massachusetts Department of Conservation and Recreation;
(3) 
Normal maintenance of landscaping, gardens, and lawn areas; and
(4) 
Any construction activity or project requiring approval under the Subdivision Control Law where the Planning Board has approved an application for definitive subdivision approval.
D. 
A Stormwater Management Permit shall not be required for the following activities if they will result in land disturbance of less than one acre:
(1) 
Additions or modifications to single family structures;
(2) 
Additions or modifications to structures which are not for single family use, provided that such addition or modification does not increase the footprint of the structure by more than 100%;
(3) 
Normal maintenance of Town owned public land, ways and appurtenances;
(4) 
Normal maintenance of driveways;
(5) 
Construction of patios, decks, walkways, swimming pools, sheds, fences, or replacement of wells;
(6) 
Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns; the reconstruction, maintenance or resurfacing of any way maintained by the Hopkinton Department of Public Works;
(7) 
Emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the DPW Director; and
(8) 
Repair or replacement of sewage disposal systems.
For the purposes of this Chapter, the following shall mean:
COMMON PLAN OF DEVELOPMENT (or COMMON PLAN)
A “larger common plan of development or sale” is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. For example, if a developer buys a 20-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.
IMPERVIOUS SURFACE
Any artificial material or structure on or above the ground that prevents water from infiltrating the underlying soil. Impervious Surfaces may include roads, paved parking lots, sidewalks, and rooftops.
LAND DISTURBANCE (or DISTURBANCE OF LAND)
Action that alters the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and movement and stockpiling of top soils.
LOW IMPACT DEVELOPMENT (LID)
Systems and practices that use or mimic natural processes resulting in the infiltration, evapotranspiration or use of stormwater. LID includes (1) environmentally sensitive site design approaches such as minimizing impervious surfaces, fitting the development to the terrain, preserving and capitalizing on natural drainage systems, and reproducing pre-development hydrologic conditions, and (2) stormwater management systems modeled after natural hydrologic features to manage rainfall at the source using decentralized micro-scale controls, such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Stormwater Management Standards and accompanying Stormwater Handbook issued by the Department of Environmental Protection pursuant to authority under the Wetlands Protection Act, M.G.L. c. 131, § 40, and the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26-53.
A. 
The Planning Board shall be the permit granting authority for the issuance of Stormwater Management Permits and shall administer, implement and enforce this Chapter. Any powers granted to or duties imposed upon the Planning Board may be delegated to its employees or agents or other municipal employees as appropriate. Permit applications shall be submitted, considered and issued only in accordance with the provisions of this Chapter and the Regulations adopted pursuant to this Chapter.
B. 
Stormwater regulations. The Planning Board shall adopt, and may periodically amend, rules and regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection and/or consultant fees including fees pursuant to M.G.L. c. 44, § 53G), procedures and administration of this Chapter. The Regulations shall be adopted by majority vote after conducting a public hearing. Such hearing date shall be advertised once in a newspaper of general local circulation, at least fourteen (14) days prior to the hearing date. Failure of the Planning Board to adopt such Regulations or a legal declaration of their invalidity by a court shall not act to suspend or invalidate the effect of this Chapter. Stormwater Management Permit procedures and submission requirements shall be defined and included as part of the Stormwater Regulations. Such Regulations shall include, but shall not be limited to:
(1) 
A requirement that Stormwater Management Permits be issued within 60 days of the date of filing a complete application, unless an extension of time has been granted.
(2) 
A procedure for distribution to and review of permit applications by the Town of Hopkinton Conservation Administrator, Public Health Administrator, Director of Municipal Inspections, and Director of Public Works.
(3) 
A requirement for applicants to submit an Operation and Maintenance Plan for the stormwater management system.
(4) 
Performance standards which require that projects must meet the Stormwater Management Standards of the Massachusetts Stormwater Management Policy, any stormwater design requirements of the Town’s NPDES stormwater discharge permit, and any requirements imposed by the Planning Board to obtain credit under the Town’s Water Management Act permit. The Planning Board will utilize the policy, criteria and information, including specifications and standards, of the latest edition of the Massachusetts Stormwater Management Policy for execution of the provisions of this Chapter. This Policy includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The Policy may be updated and expanded periodically, based on improvements in engineering, science, monitoring, and local maintenance experience. Unless specifically altered in the 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.
(5) 
A requirement that Low Impact Development site planning and design strategies be incorporated unless infeasible in order to reduce the discharge of stormwater.
C. 
Waivers. Strict compliance with this Chapter or the Stormwater Regulations may be waived by the Planning Board when, in the judgment of the Board, such action is not inconsistent with the purposes of this Chapter, the Regulations, or the Town’s NPDES stormwater discharge permit.
D. 
Actions by the Planning Board. The Planning Board may take any of the following actions on an application for a Stormwater Management Permit: Approval, Approval with Conditions, or Disapproval. A Permit may be disapproved if the Planning Board determines that the requirements of this Chapter or the Regulations are not met. The Planning Board may impose conditions that survive the completion and approval of as-built plans for a project carried out pursuant to a Stormwater Management Permit.
E. 
Surety. The Planning Board may require the permittee to post, before the start of land disturbance activity, a surety bond, irrevocable letter of credit, cash, or other acceptable form of security. The bond shall be in a form acceptable to Town Counsel and shall be in an amount deemed sufficient by the Planning Board to ensure that the work will be completed in accordance with the permit.
F. 
Appeals. A decision of the Planning Board shall be final. Further relief of a decision by the Planning Board made under this Chapter shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with M.G.L. c. 249, § 4.
A. 
Enforcement orders. When the Planning Board or its agent determines that an activity is not being carried out in accordance with the requirements of this Chapter, Stormwater Regulations or SMP, it may issue a written enforcement order to the owner of the property. The order shall include the name and address of the alleged violator, the address at which the violation is occurring or has occurred, a statement specifying the nature of the violation, a description of the actions needed to resolve the violation and come into compliance, the deadline within which such actions must be completed, and a statement that, if the violator fails to come into compliance by the specified deadline, the Town may do the work necessary to resolve the violation at the expense of the violator. Persons receiving an enforcement order may be required to:
(1) 
Halt all construction activities until there is compliance with the applicable permit or regulation. A “stop work order” will be in effect until the Planning Board or its agent confirms that the activity is in compliance and the violation has been satisfactorily addressed.
(2) 
Maintain, install or perform additional erosion and sedimentation control measures;
(3) 
Monitor and analyze the impact of the violation and/or the efficacy of corrective actions and report the results to the Planning Board;
(4) 
Remediate erosion and sedimentation or any other adverse impacts resulting directly or indirectly from the activity;
(5) 
Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the SMP and/or the O&M Plan.
Failure to address an enforcement order in the time specified therein may result in penalties in accordance with the enforcement measures authorized in this Chapter.
B. 
Penalty. Any person who violates any provision of this Chapter, Regulations, or SMPs issued thereunder, may be punished by a fine of not more than $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the Chapter, Regulations or SMP violated, shall constitute a separate offense.
C. 
Non-criminal disposition. As an alternative to the penalty in § 172-5B, the Town of Hopkinton may elect to utilize the non-criminal disposition procedure set forth in §§ 1-3 and 1-4 of the Bylaws of the Town of Hopkinton. The fine for a first violation shall be $100 and the fine for second and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this Chapter, Regulation or permit violated shall constitute a separate offense.
D. 
Appeals. Any person aggrieved by an enforcement order issued pursuant to § 172-5A may request a hearing before the Planning Board by submitting to the Planning Board, within 30 days of such order, a letter explaining why the order was not justified. The Planning Board shall thereupon schedule and hold a hearing within 21 days regarding such request and, upon the close of such hearing, may uphold, modify or rescind the order as the facts and applicable law may require. The Planning Board’s decision shall be deemed as its final action with respect to the matters determined, and any further appeal shall be to a court of competent jurisdiction.
E. 
Action by the town to remedy a violation. If a violator fails to come into compliance by the deadline specified in an enforcement order, the Planning Board may undertake the work necessary to resolve the violation at the joint and several expense of the violator and property owner. For situations involving an immediate threat, the Planning Board may immediately take such action as is necessary to protect public health, safety, or the environment, without first issuing an enforcement order. Written notice of any remediation action undertaken by the Planning Board shall be provided to the property owner within 24 hours of the commencement thereof.
F. 
Recovery of costs. If the Planning Board undertakes remediation work pursuant to § 172-5E, it shall, within 30 days after completing the work, notify the violator and the property owner in writing of the costs incurred by the Town, including administrative costs, associated with that work. The violator and the property owner shall be jointly and severally liable to repay the Town for those costs within 30 days of receipt of that notice; provided, however, that the violator or the property owner may file a written protest objecting to the amount or basis of costs with the Planning Board within such 30 days. The Planning Board shall schedule and hold a hearing regarding such protests and, upon the close of such hearing, may uphold, modify or rescind the costs required to be repaid, as the facts and applicable law may require. If the amount due is not received by the Town by the expiration of time in which to file such a protest, or within 60 days after the final decision of the Board or (if appealed to court) a court of competent jurisdiction resolving that protest, the amount of the Town’s costs shall constitute a municipal charge for purposes of M.G.L. c. 40, § 58, and a lien may be imposed upon the property pursuant to M.G.L. c. 40, § 58. Interest shall accrue on any unpaid costs at the statutory rate, as provided in M.G.L. c. 59, § 57.
G. 
Civil relief. If a person violates any provision of this Chapter or an order issued thereunder, the Select Board may seek injunctive relief in a court of competent jurisdiction restraining the person from activities that would create further violations or compelling the person to abate or remedy the violation.
H. 
Entry to perform duties under this bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Town and its agents, officers, and employees may enter privately owned property for the purpose of performing their duties under this Chapter and may make or cause to be made such examinations, surveys, sampling, or remedial activities as the Town deems reasonably necessary.
I. 
Remedies not exclusive. The remedies listed in § 172-5 are not exclusive of any other remedies available under any applicable federal, state or local law.
The invalidity of any section, provision, paragraph, sentence, or clause of this Chapter shall not invalidate any section, provision, paragraph, sentence or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.