A. 
Part 3 of this chapter shall apply to all activities that result in disturbance of 5,000 square feet of land or more that drains to the municipal separate storm sewer system (MS4) or waters of the commonwealth. Except as authorized by the Stormwater Authority or as otherwise provided in this chapter, no person shall perform any activity that results in disturbance of 5,000 square feet of land or more. There are two levels of reviews based on the amount of proposed land to be disturbed as part of a single project and they are as follows:
(1) 
Administrative land disturbance review is required for projects disturbing between 5,000 square feet and 20,000 square feet of land.
(2) 
A land disturbance permit is required for disturbance of greater than (20,000 square feet of land or for a proposed use that is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards.
B. 
Exemptions:
(1) 
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling conducted in such a way as not to cause a nuisance:
(2) 
Construction of fencing that will not substantially alter existing terrain or drainage patterns;
(3) 
Construction of utilities other than drainage (gas, water, sewer, electric, telephone, etc.) which will not alter terrain or drainage patterns or result in discharge of sediment to the MS4;
(4) 
Normal maintenance and improvement of land in agricultural or aquacultural use; and
(5) 
Disturbance or redevelopment of land that is subject to jurisdiction under the Wetlands Protection Act that demonstrate compliance with the Massachusetts Stormwater Management Standards and the Town of Fairhaven Stormwater Management Regulations as reflected in a valid order of conditions issued by the Conservation Commission.
(6) 
Disturbance of land or redevelopment that are subject to jurisdiction under a special permit or approval of a subdivision plan through the Town Zoning Bylaw[1] and demonstrate compliance with the Massachusetts Stormwater Management Standards and Stormwater Handbook and the Town of Fairhaven Stormwater Management Regulations as reflected in a valid decision issued by the Planning Board.
[1]
Editor's Note: See Ch. 198, Zoning.
C. 
The Stormwater Authority is authorized to enact regulations to effectuate the purposes of this chapter, including but not limited to regulations outlining the application requirements for the different levels of review specified in Subsection A hereof. Any person that fails to follow the requirements of a land disturbance permit and the related erosion and sedimentation control plan, and operations and maintenance plan issued under the Stormwater Management Regulations shall be in violation of the Town of Fairhaven Bylaws.
An applicant seeking an approval and/or permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this chapter and in regulations adopted by the Stormwater Authority. Approval or permit must be obtained prior to the commencement of land disturbing or redevelopment activity based on thresholds described in the Stormwater Management Regulations.
Entry to perform duties under this chapter. To the extent permitted by law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary.
The Stormwater Authority or its designated agent shall make inspections of the work subject to this chapter to determine compliance with the chapter and regulations and orders of the Stormwater Authority.
The Stormwater Authority may require the applicant to post before the start of land or construction disturbance activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to insure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the Stormwater Authority has received the final report as required by § 194-21 and issued a certificate of completion.
A. 
Administrative land disturbance review. Upon completion of work, the applicant shall submit a written notice to the Stormwater Authority with photographic evidence that the work has been completed in accordance with the approved plan.
B. 
Land disturbance permit. No later than two years upon completion of work, the applicant shall submit a final report, including a topographical as-built plan stamped by an MA professional land surveyor (PLS) and an MA registered professional engineer (P.E.) as applicable, certifying that the site has been developed in substantial compliance with the approved plan including all permanent erosion control devices, stormwater management facilities and, and any approved changes and modifications. Any discrepancies from the approved plan should be noted in the cover letter. The as-built drawings must depict all on site controls, both structural and non-structural, designed to manage the stormwater associated with the completed site (post construction stormwater management). The final report shall also include documentation to verify the stormwater management system has been properly operated and maintained in accordance with the approved O&M plan.
The Stormwater Authority or its authorized agent shall enforce this chapter and any regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. The Town may enforce this chapter or enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.
A. 
Civil relief. If a person violates the provisions of this chapter, or any associated regulations, permit, notice, or order issued thereunder, the Stormwater Authority 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.
B. 
Orders.
(1) 
The Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this chapter or any regulations thereunder, which may include:
(a) 
A requirement to cease and desist land-disturbing activity until there is compliance with the bylaw and provisions of the land disturbance permit.
(b) 
Maintenance, installation or performance of additional erosion and sedimentation control measures.
(c) 
Monitoring, analyses, and reporting.
(d) 
Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity.
(2) 
Said orders shall specify a deadline by which the required action shall be completed and the Stormwater Authority or its designee may further advise that, should the violator or property owner fail to perform the required action or remediation within the specified deadline, the Town may, at its option, undertake such work, at the owner and/or violator's sole costs and expense, that it deems necessary to protect public health, safety and welfare.
(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 of Fairhaven, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority 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 Stormwater Authority 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 30th day at which the costs first become due.
C. 
Criminal penalty.
(1) 
Any person who violates any provision of this chapter, regulation, order or permit issued thereunder may be penalized by indictment or on complaint brought in a court of competent jurisdiction.
(2) 
Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
D. 
Noncriminal disposition. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder may be penalized by non-criminal disposition as set forth in MGL c. 40, § 21D. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
E. 
Appeals. All decisions or orders of the Stormwater Authority shall be final. Further relief shall be to a court of competent jurisdiction.