This article authorizes the Stormwater Authority to establish thresholds and promulgate regulatory procedures for new and redevelopment projects to meet local, state, and federal requirements for the design, construction, and long-term maintenance of stormwater management systems to prevent adverse impacts to down gradient MS4 infrastructure, properties, water, and sensitive environmental resources, and to require compliance with the Massachusetts Stormwater Management Standards.
A.
Article III of this chapter shall apply to all land-disturbing activities unless exempt pursuant to § 65-18B of this chapter. Any activity regulated under this bylaw, whether or not it is also subject to regulation under the State Wetlands Protection Act and/or under the Norwell Wetlands Bylaw, also shall require approval of a stormwater permit, either an Administrative Land Disturbance Review or a Land Disturbance Permit, by the Stormwater Authority. Non-exempt activities shall require either an Administrative Land Disturbance Review under § 65-19B below; or a land disturbance permit under § 65-19C below.
B.
Exemptions: The Stormwater Authority, or its designee, with approval in writing, may grant an administrative exemption for the following:
(1)
Maintenance of existing structures: (including but not limited to) impervious, driveways, pools, patios, decks, landscaping, gardens, or lawn areas associated with a single family dwelling unit conducted in such a way so as not to cause a nuisance, i.e., with proper infiltration and appropriate erosion and sedimentation control measures, or release treated or untreated surface flow from the site;
(2)
Conversion of lawns, and/or removal of impervious surfaces, to vegetated landscape areas conducted in such a way so as not to cause a nuisance, i.e., with appropriate erosion and sedimentation control measures, or release treated or untreated surface flow from the site;
(3)
Repair of existing septic systems, or replacement of a septic system within the existing footprint, when approved by the Board of Health for the protection of public health;
(4)
Regulatory site tests, (i.e., percolation and drainage) conducted in such a way so as not to cause a nuisance, permanently alter, or release treated or untreated surface flow from the site. Site test locations shall be restored to their previous condition;
(5)
Construction of fencing that will not substantially alter existing terrain or drainage patterns;
(6)
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 municipal storm drain system;
(7)
Normal maintenance and improvement of land in agricultural or aquacultural use;
(8)
Normal maintenance and improvement of Town-owned public land, ways and appurtenances, such as, but not limited to, the maintenance of drainage structures or utilities within or associated with public or private ways; and
(9)
Disturbance or redevelopment of land used for commercial or institutional use that would otherwise be subject to the jurisdiction of this bylaw and require a stormwater permit shall be exempt from the stormwater permit requirement if the project already holds a permit or an approval for the fully built out site that demonstrates and requires compliance by the project with the Massachusetts Stormwater Management Regulations and the Norwell Stormwater Management Bylaw and regulations.
A.
As of Right disturbance and impervious surfaces. Up to 1,500 sf of land disturbance and total impervious surfaces on a parcel or lot shall be allowed as of right.
B.
Administrative land disturbance review: purpose and intent. The intent of administrative land disturbance review is to provide a menu of affordable options for property owners conducting small projects and require them to control stormwater, erosion, and sedimentation during construction and to reduce flooding due to stormwater runoff and to increase infiltration of stormwater (i.e., recharge) post-construction in the following situations:
C.
Land disturbance permit required from Stormwater Authority. A land disturbance permit from the Stormwater Authority shall be required for:
(1)
Any land-disturbing activity that will result in a cumulative disturbance of greater than 25,000 square feet of land.
(2)
Any increase or change in impervious surface greater than 5,000 square feet of impervious surface on the lot.
(3)
Cumulative lots created under an ANR Plan prior to land disturbance. The applicant/owner will be notified that the property may be subject to stormwater review and requirements and this notification shall be incorporated into the plans by way of notation so that it gets on the deed.
(4)
Any proposed use that is listed as a land use of higher potential pollutant loads, (LUHPPL) as defined in the Massachusetts Stormwater Management Regulations.
(5)
Any new or redevelopment of any size retail, commercial, or industrial facility.
D.
Projects in the Aquifer Protection District. Any project that falls within the Aquifer Protection District (APD) that will result in the property where the project is located having either a total impervious surface of more than 15% or 2,500 square feet of impervious surface shall satisfy the groundwater recharge requirements under Norwell Town Code § 201-19 and Code § 303-2.
E.
No segmentation allowed. No segmentation shall be allowed. Development activity shall not be segmented to avoid compliance with this chapter. "Segmentation" is defined as one or more divisions of land (i.e., approval not required [ANR] plans) that result in conveyances that create new buildable lots on any parcel or contiguous parcels of land held in common ownership or under common control on or after the effective date of this chapter and/or result in increased impervious surface percentages for a parcel or lot and that cumulatively results in impervious area greater than 5,000 square feet on a lot and/or results in the disturbance of land of greater than 25,000 square feet, even if the disturbance is conducted over separate phases, and/or by separate owners. This section is applicable to new proposals and new divisions of land.
The Stormwater Authority may adopt, and periodically amend, rules and regulations to effectuate the purposes of this chapter, including enforcement of the Massachusetts Stormwater Management Regulations and their standards, and including, but not limited to, outlining the application procedures and requirements for the different levels of review specified in § 65-19B and C hereof. Any person that fails to follow the requirements of a land disturbance permit and the related stormwater management plan, erosion and sedimentation control plan, and operations and maintenance plan issued under the Stormwater Management Regulations shall be in violation of this chapter.
No disturbance of land or change or increase in impervious surface shall occur without obtaining a decision or permit as required hereunder. Applicants are strongly encouraged to schedule a preapplication meeting with the Town Conservation Agent to review the proposed development plans at the earliest feasible time. An applicant seeking a decision as to whether an administrative review or a permit is required shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this chapter and in the rules and regulations adopted by the Stormwater Authority. A decision and any required review or permit shall be obtained prior to the commencement of land disturbance or redevelopment activities based on thresholds described in this chapter.
Peer review, at an applicant's expense, may be required by the Stormwater Authority or its agents to review any application.
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 private property for the purpose of performing their duties under this chapter and the rules 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 verify and document compliance with the Bylaw and the rules and regulations and orders of the Stormwater Authority.
The Stormwater Authority may require the applicant to post, before the start of land disturbance or redevelopment activities, a surety bond, cash, or other acceptable negotiable security. The form of the bond shall be approved by the Stormwater Authority, Town Treasurer-Collector, and Town Counsel as to form, and be in an amount deemed sufficient by the Stormwater Authority to ensure 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.
A.
Administrative land disturbance review: Upon completion of the work, the applicant shall submit a report (including certified as-built construction plans) from a Massachusetts registered professional civil engineer (P.E.), or Massachusetts registered professional land surveyor (P.L.S.) as applicable, that the work was completed in accordance with the approved Plan.
B.
Land disturbance permit: Upon completion of the work, the applicant shall submit a report (including certified as-built construction plans) from a Massachusetts registered professional civil engineer (P.E.), or Massachusetts registered professional land surveyor (P.L.S.) as applicable, as determined by the Stormwater Authority, certifying that all erosion and sedimentation control devices, and approved changes or modifications, have been completed in accordance with the conditions of the approved stormwater management plan, erosion and sedimentation control plan, and operations and maintenance plan. Any discrepancies shall be noted in the cover letter. The Long-Term Operation and Maintenance Plan, including the map showing stormwater system components and facilities to be privately maintained, including associated easements, shall be recorded with the Plymouth County Registry of Deeds prior to issuance of a certificate of completion by the Stormwater Authority. The issuing authority will issue a letter certifying completion upon receipt and approval of the final reports and upon determining that all work of the permit has been satisfactorily completed in conformance with these regulations. The owner shall maintain copies in its files/records.
The Stormwater Authority or its authorized agents, employees, or designees may enforce this chapter, and any associated 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, and/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 from the land-disturbing activity until there is compliance with the Bylaw, regulations, and provisions of the land disturbance permit:
(b)
Maintenance, installation, or performance of additional erosion and sediment control measures:
(c)
Monitoring, analyses, and reporting; and
(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 cost and expense, that it deems necessary to protect public health, safety, general welfare, and the environment.
C.
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, 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 cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57 after the 31st day at which the costs first become due.
D.
Criminal penalty: Any person who violates any provision of this chapter, regulation, permit, approval, or order issued there under, may be penalized by indictment or on complaint brought in a court of competent jurisdiction in accordance with state law. Except as may be otherwise provided by law and as the court may see fit to impose, the penalty for each violation or offense shall be $300. Each day such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
E.
Non-criminal disposition: Any person who violates any provision of this chapter, regulation, order, or permit issued thereunder may be penalized by noncriminal disposition as an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL. c. 40, § 21D and Norwell Town Code § 1-9. The penalty for each violation 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.
F.
Appeals: The decisions or orders of the Stormwater Authority shall take final effect when voted. Appellate relief, as appropriate, may be sought in accordance with state law.
A.
Waivers may be requested by an applicant and, following a public hearing on a waiver request, the Stormwater Authority shall have the right, but not the obligation, to waive strict compliance with any requirement of this chapter or the regulations promulgated hereunder, but only where it is expressly determined, in writing, that the waiver:
B.
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation and documentation supporting the waiver request under § 65-28A(1) through (3) above, and demonstrating that strict application of the Bylaw does not further the purposes or objective of this chapter.
C.
If, in the Stormwater Authority's opinion, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date, time, and place certain, announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
The provisions of this chapter are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.