[HISTORY: Adopted by the Annual Town Meeting of the Town of Easton 5-17-2021 ATM by Art. 13. Amended in its entirety 11-18-2024 STM by Art. 11. Subsequent amendments noted where applicable.]
A. 
The purpose of this Bylaw is to establish minimum stormwater management requirements and procedures to minimize damage to public and private property and infrastructure; safeguard the public health, safety, environment and general welfare; protect aquatic resources and wildlife habitat; protect the quality and health of water resources; conserve groundwater supplies; and foster climate change resiliency. The Town of Easton will only provide construction permits to projects that develop a plan to manage stormwater runoff occurring during the construction process that is in compliance with this Bylaw, state and federal regulations.
B. 
This Bylaw seeks to meet that purpose through the following objectives:
(1) 
Establish the Town as the legal authority to ensure compliance with the provisions of this Bylaw and its accompanying Stormwater Management Rules and Regulations through a review process, inspections, monitoring, and enforcement.
(2) 
Establish administrative procedures for submission, review, and approval or disapproval of Stormwater Management Permits; inspection of approved active projects; and postconstruction monitoring.
(3) 
Establish decision-making processes surrounding new development and redevelopment that protect watershed integrity and preserve and/or restore the health of local water resources such as lakes, ponds, streams, rivers, wetlands, and groundwater.
(4) 
Ensure compliance with requirements of the United States Environmental Protection Agency (EPA), National Pollutant Discharge Elimination System (NPDES), General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) and other applicable state and federal mandates.
(5) 
Establish the Town of Easton's legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement.
For the purposes of this Bylaw, the following shall mean:
AGRICULTURAL USE
The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act, MGL Chapter 131, § 40, and its implementing regulations.
APPLICANT
Any person, individual, partnership, association, firm, company, corporation, trust, or authority, agency, department, or political subdivision of the Commonwealth of Massachusetts or the federal government to the extent permitted by law requesting a Stormwater Management Permit for proposed land disturbance activity.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps reduce the quantity or improve the quality of stormwater runoff.
CERTIFICATE OF COMPLETION
Document issued by the Planning & Zoning Board or its authorized agents upon receipt of a final inspection report and acknowledgement that all conditions of the Stormwater Management Permit have been satisfactorily completed.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control. This certification program, sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy, provides the public with evidence of professional qualifications.
DISTURBANCE OF LAND
Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material including but not limited to clearing and grading.
ENFORCEMENT ORDER
A written order issued by the Planning & Zoning Board or its designee to enforce the provisions of this Bylaw.
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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the EPA or jointly with the Commonwealth of Massachusetts that authorizes the discharge of stormwater to waters of the Unites States.
NEW DEVELOPMENT
Any construction, land alteration, or addition of impervious surfaces on previously undeveloped sites resulting in a Disturbance of Land equal to or greater than 1 acre (or activities that are part of a larger common plan of development disturbing greater than 1 acre) that does not meet the definition of Redevelopment.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth of Massachusetts or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
PLANNING & ZONING BOARD
Town of Easton Planning & Zoning Board, its employees, or authorized agents designated to enforce this Bylaw.
PROFESSIONAL ENGINEER (P.E.)
A registered Professional Engineer within the Commonwealth of Massachusetts in good standing.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Any construction, land alteration, or improvement of impervious surfaces resulting in a Disturbance of Land equal to or greater than 1 acre (or activities that are part of a larger common plan of redevelopment disturbing greater than 1 acre) that does not meet the definition of New Development.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT
The written approval granted by the Planning & Zoning Board to undertake a construction activity pursuant to a Stormwater Management Permit Application. A valid Stormwater Management Permit must be signed by a majority of the Planning & Zoning Board participating at a duly noticed public hearing, and such permit must be recorded at the Middlesex South Registry of Deeds, prior to the start of any work.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the Commonwealth of Massachusetts including without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwaters, and vernal pools.
WETLAND RESOURCE AREAS
Areas specified in the Massachusetts Wetlands Protection Act Regulations, 310 CMR 10.00, as amended, or in the Town of Easton Bylaw XVIII Wetlands Protection Bylaw, as amended.
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 Planning & Zoning Board shall be the Permit Granting Authority (PGA) for this Bylaw. Any powers granted to or duties imposed upon the Planning & Zoning Board may be delegated by the Planning & Zoning Board to any Town employee, board, commission, committee or agent, hereby known as the "Reviewing Agent."
B. 
The Planning & Zoning Board shall not have jurisdiction over stormwater issues within areas where the Conservation Commission has jurisdiction under the Wetlands Protection Act or the Town's Wetlands Protection Bylaw.
C. 
The Planning & Zoning Board or its Reviewing Agent shall take any of the following actions as a result of an application for a Stormwater Management Permit as specifically defined within the Stormwater Management Rules and Regulations promulgated as a result of this Bylaw: Approval, Approval with Conditions, or Disapproval.
D. 
A decision of the Planning & Zoning Board or its Reviewing Agent shall be final. Further relief of a decision by the Planning & Zoning Board or its Reviewing Agent made under this Bylaw may be sought in a court of competent jurisdiction in accordance with MGL Chapter 249 § 4.
The Planning & Zoning Board may adopt, and periodically amend, Stormwater Management Rules and Regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees), procedures and administration of this Bylaw by majority vote of the Planning & Zoning Board, after conducting an advertised public hearing to receive comments on any proposed revisions. The hearings shall be duly advertised in a paper of general circulation in the Town of Easton no less than fourteen (14) days prior to the date of the public hearing. Failure by the Planning & Zoning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Bylaw.
A. 
No person may undertake a construction activity, including clearing, grading, or excavation that results in a Disturbance of Land to an area equal to or greater than one (1) 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 an area equal to or greater than one (1) acre of land within the Town without first obtaining a Stormwater Management Permit issued by the Planning & Zoning Board.
B. 
Exemptions:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04, as amended;
(2) 
Removal of native plants, invasive growth, or other vegetation by methods that do not disturb underlying soils or ground conditions;
(3) 
Maintenance of existing landscaping, gardens, or lawn areas associated with a single-family dwelling;
(4) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
(5) 
Normal maintenance and improvements of the Town's publicly owned roadways and associated drainage infrastructure;
(6) 
Emergency repairs to any stormwater management system or feature that poses a threat to public health or safety, or as deemed necessary by a Town department or board;
(7) 
Projects that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Handbook, the Town's Wetlands Protection Bylaw and with the stormwater management performance standards of this bylaw as reflected in an Order of Conditions issued by the Conservation Commission; and
(8) 
Incidental disturbance of ground cover related to project construction as a result of construction access, placement of erosion controls, vegetation clearing that does not disturb soils, or similar activity, does not count towards the one (1) acre of land disturbance under this bylaw.
A. 
The Planning & Zoning Board, or an authorized agent of the Planning & Zoning Board, shall enforce this Bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
The Planning & Zoning Board may issue a written order to enforce the provisions of this Bylaw, which may include requirements to:
(1) 
Cease and desist from construction or land disturbing activity until there is compliance with this Bylaw and the Stormwater Management Permit;
(2) 
Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan;
(3) 
Maintain, install, or perform additional erosion and sediment control measures;
(4) 
Perform monitoring, analyses, and reporting;
(5) 
Remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system or erosion and sediment control system;
(6) 
Cease and desist from unlawful discharges, practices, or operations; and/or,
(7) 
Remediate contamination in connection therewith.
C. 
If the Planning & Zoning Board determines that abatement or remediation of adverse impacts is required, the Enforcement 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 may, at its option, with the approval of a court of competent jurisdiction, undertake such work, and the property owner shall reimburse the Town's expense.
D. 
Within thirty (30) days after completing all measures necessary to abate the violation, 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 Planning & Zoning Board within thirty (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 thirty (30) days following a decision of the Planning & Zoning Board 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 Chapter 59, § 57, after the thirty-first day at which the costs first become due.
To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning & Zoning Board or its agents 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 Planning & Zoning Board or agent deems reasonably necessary.
A. 
Planning & Zoning Board may waive strict compliance with any requirement of this Bylaw promulgated hereunder, where:
(1) 
Such action is allowed by federal, state and local statutes and/or regulations,
(2) 
It is in the public interest,
(3) 
A public safety issue exists, or
(4) 
It is consistent with the purpose and intent of this Bylaw.
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 this Bylaw does not further the purposes or objectives of this Bylaw. The Planning & Zoning Board may require documentation to be submitted and stamped by a qualified P.E. registered in Massachusetts or a Certified Professional in Erosion and Sediment Control (CPESC).
If a person violates the provisions of this Bylaw, permit, notices, or order issued thereunder, the Planning & Zoning Board may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
A. 
Any person who violates any provision of this Bylaw, 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.
B. 
As an alternative to criminal prosecution or civil action, the Town may elect to utilize the non-criminal disposition procedure set forth in MGL Chapter 40, § 21D, in which case the Selectboard or an authorized agent of the Selectboard shall be the enforcing person. The penalty for each violation shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
The Planning & Zoning Board may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by Town Counsel, and be in an amount deemed sufficient by the Planning & Zoning Board to ensure that the work will be completed in accordance with the permit. If the project is phased, the Planning & Zoning Board may release part of the bond as each phase is completed in compliance with the Stormwater Management Permit but the bond may not be fully released until the Planning & Zoning Board has received the final inspection report as required by the Stormwater Management Rules and Regulations and issued a Certificate of Completion.
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect.