[HISTORY: Adopted by the Town Meeting of the Town of Templeton 5-13-2026 ATM by Art. 19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 235, Stormwater Management, adopted 3-6-2008 (Art. LIII of the Bylaw Compilation).
A. 
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Templeton's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater which result in the contamination of drinking water supplies; erosion of stream channels; alteration or destruction of aquatic and wildlife habitat; and flooding. This bylaw establishes minimum stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, townspeople and the general public.
B. 
This bylaw requires local review and approval of a stormwater management plan for all development and redevelopment projects that disturb one acre or more. In addition to this bylaw, the owner and/or developer is also obligated to meet the requirements of the Federal Environmental Protection Agency's (EPA) regulations for stormwater management.
The objectives of this bylaw are:
A. 
To require practices to control the flow of stormwater from new and redeveloped sites into the Town's storm drainage system in order to prevent flooding and erosion;
B. 
To protect groundwater and surface water from degradation;
C. 
To promote groundwater recharge;
D. 
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;
E. 
To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;
F. 
To comply with state and federal statutes and regulations relating to stormwater discharges;
G. 
To establish Templeton's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
ABUTTER
The owner(s) of land abutting the site on which the activity occurs as defined by a certified abutter list issued by the Town of Templeton's Assessor's Office.
APPLICANT
Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth of Massachusetts or the federal government to 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 helps reduce the quantity or improve the quality of stormwater runoff.
CERTIFICATE OF COMPLETION
A document issued by the Town of Templeton Permit granting authority, its employees, or authorized agents upon receipt of a final Inspection report and certification by the applicant's licensed professional engineer (P.E.) 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.
CERTIFIED VERNAL POOLS
Temporary bodies of freshwater that provide critical habitat for a number of vertebrate and invertebrate wildlife species, certified by the Massachusetts Natural Heritage and Endangered Species Program (NHESP).
CLEARING
Any activity that removes vegetative surface cover.
CONSTRUCTION WASTE AND MATERIALS
Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter, an sanitary waste at a construction site that may adversely impact water quality.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the Commonwealth of Massachusetts from any source.
DISTURBANCE OF LAND
Any action that alters the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, filling), soil compaction, and movement and stockpiling of topsoil.
DPW
The Templeton Department of Public Works.
EROSION
The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENT CONTROL PLAN
A document containing narrative, drawings, and details developed by a licensed Professional Engineer or CPESC, which includes BMPs, or equivalent measures designed to control surface runoff, erosion, and sedimentation during pre-construction and construction related land disturbance activities.
ESTIMATED HABITAT OF RARE WILDLIFE
Habitats delineated by the NHESP for state protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act Regulation (304 CMR 11.00).
GRADING
Changing the level or shape of the ground surface.
GROUNDWATER
Water beneath the surface of the ground including confined or unconfined aquifers.
IMPERVIOUS SURFACE
Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to roads, driveways, parking areas and other areas created using nonporous material, buildings, rooftops, structures, impervious artificial turf and compacted gravel or soil.
INFEASIBLE
Means not technologically possible, or not economically practicable and achievable in light of best industry practices.
LOW IMPACT DEVELOPMENT (LID)
An approach to land development design and stormwater management that attempts to mimic the natural hydrology of the site by avoiding, reducing, and mitigating impacts with natural, non-structural, and structural measures.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
(MGL c. 131A) and its implementing regulations at (312 CMR 10.00). This act prohibits the "taking" of any rare plant or animal species listed as "endangered," "threatened," or of "special concern."
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection (DEP) under the authority of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40 and Massachusetts Clean Waters Act, MGL c. 21, § 23-56, and further described in the Wetlands Protection Act Regulations (310 CMR 10.00) and the 401 Water Quality Certification Regulations (314 CMR 9.00). The Stormwater Management Standards address stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and to control the quantity of runoff from a site.
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 basins, natural or manmade or altered drainage channels, reservoir, and the other drainage structures that together comprise the storm drainage system owned or operated by the Town of Templeton, MA.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the United States Environmental Protection Agency (EPA) or jointly with the Commonwealth of Massachusetts that authorizes the discharge of stormwater to Waters of the Commonwealth.
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM (NHESP)
The Commonwealth of Massachusetts program for implementing MESA requirements.
NEW DEVELOPMENT
A. 
Any construction activities or land alteration resulting in total disturbance of land equal to or greater than one acre;
B. 
Any construction activities or land alteration that are part of a larger common plan of development resulting in disturbance of land equal to or greater than one acre.
OPERATION AND MAINTENANCE PLAN (OMP)
A plan setting up the functional, financial, and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.
OUTFALL
The point where stormwater flows out from a point source which is a discernible, confined, and discrete conveyance into Waters of the Commonwealth.
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 BOARD
The Town of Templeton Planning Board, its employees, or authorized agents designated to enforce these regulations.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which stormwater is or may be discharged.
POLLUTANT
Any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or non-point source, that is or may be introduced into any sewage treatment works or Waters of the Commonwealth. Pollutants shall include, but are not limited to:
A. 
Chemicals, paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Non-hazardous liquids, solid waste, and yard waste;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, accumulations, and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes, sewage, fecal coliform, and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock, sand, salt, and soils;
J. 
Concrete truck washout;
K. 
Sanitary wastes;
L. 
Construction wastes, demolition debris, and discarded building materials; and,
M. 
Noxious or offensive matter of any kind.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations protected pursuant to the MESA and its regulations.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through soil.
REDEVELOPMENT
A. 
Any construction, land alteration, or improvement of impervious surfaces resulting in total Disturbance of Land equal to or greater than one acre; or
B. 
Activities that are part of a larger common plan of development resulting in a Disturbance of Land equal to one acre or more that does not meet the definition of New Development.
RUNOFF
Rainfall, snow melt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot, parcel of land, or area of property where land-disturbing activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or minimize erosion.
STORMWATER
Stormwater, snow melt, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT
The written approval granted by the Permit Granting Authority to undertake a construction activity in response to a Stormwater Management Permit Application.
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a Stormwater Management Permit.
TOTAL SUSPENDED SOLIDS (TSS)
Sediment being carried in stormwater.
TOXIC OR HAXARDOUS MATERIAL OR WASTE
Any material, which is because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic or organic chemical, petroleum product, heavy metal, radioactive, biological, or infectious waste, acid and alkali, and any substance defined as toxic or hazardous under MGL c. 21C and c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
WATERCOURSE
A natural or manmade channel through which water flows, or a stream of water, including a river, brook, or underground stream.
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.
The Planning Board may adopt, and periodically amend Stormwater Management Rules and Regulations by majority vote of the Planning Board, after conducting a minimum of an advertised public hearing to receive comments on any proposed revisions. The hearings shall be duly advertised in the paper of general circulation in the Town of Templeton no less than 14 days prior to the date of the public hearing. Failure by the PGA to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw or any permits issued pursuant to the bylaw.
A. 
No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land, without a permit from the permit granting authority. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site.
B. 
Construction activities that are exempt are:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation (310 CMR 10.04) or the improvement or preparation of land for agricultural use outside the jurisdictional areas of the Wetlands Protection Act, provided that the activity is undertaken in such a manner as to prevent erosion and siltation of wetlands and surface waters in accordance with U.S. Department of Agriculture "Guidelines for Soil and Water Conservation" and is conducted in accordance with federal and state laws.
(2) 
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling.
(3) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns.
(4) 
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns.
(5) 
Work activities of municipal, state, or federal agencies or their agents outside of the Phase II boundaries as shown on the latest U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) Phase II maps.
(6) 
As authorized in the Phase II Small MS4 General Permit for Massachusetts, stormwater discharges resulting from the activities identified in this section that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Conservation Commission are exempt from compliance with this bylaw.
No building permit shall be issued without confirmation that a stormwater management permit has been obtained or is otherwise not required.
A. 
The permit granting authority (PGA) under this bylaw shall be the Templeton Planning Board. Such a permit shall be granted if the PGA determines, with the advice and recommendations of the Zoning Enforcement Officer, Conservation Commission, and the Highway Department, that the intent of this bylaw, as well as specific criteria, is met. The PGA shall not grant a permit under this section unless the petitioner's application materials include, in the PGA's opinion, sufficiently detailed definite and credible information to support positive findings in relation to the standards given in this section. The PGA shall document the basis for any departures from the recommendations of the other Town boards or departments in its decision.
B. 
The site owner or his/her agent shall file with the PGA 10 copies of a completed application package for a stormwater management permit (SMP). Permit issuance is required prior to any applicable site-altering activity. While the applicant may be a representative of the owner of the site, the Stormwater Management Permit must be issued to the owner of the site. The SMP application package shall include:
(1) 
A completed application form with original signatures of all owners;
(2) 
Ten copies of the stormwater management plan and project description as specified in § 235-7B of this bylaw;
(3) 
Ten copies of the erosion and sediment control plan as required by § 235-8B of this bylaw;
(4) 
Ten copies of the operation and maintenance plan as required by § 235-9A of this bylaw;
(5) 
Payment of the application and review fees.
(6) 
A list of abutters (owners of property within 300 feet of the boundaries of the site), as certified by the Assessors.
C. 
Other boards. The PGA shall give one copy of the application package to the designated technical reviewers, which include the Zoning Enforcement Officer, Conservation Commission, and Highway Department, for the purpose of reviewing the permit application. The PGA may also engage the services of a peer review engineer at the applicant's expense if, in the opinion of the PGA, such review is necessary for assessing technical information supplied by the applicant and assessing the adequacy of proposed stormwater control measures.
D. 
The PGA shall obtain with each submission an application fee established by the PGA. If the PGA retains a registered professional engineer or other professional consultant for technical review, additional review fees will be required. Applicants must pay review fees before the review process may begin.
E. 
Entry. Filing an application for a permit grants the Permit Granting Authority (PGA), and its agents, permission to enter the site throughout the construction project to verify the information in the application and to inspect for compliance with the resulting permit.
F. 
Information requests. The PGA may request, and the applicant shall submit, additional information and/or documentation at any time prior to the issuance of the certificate of completion.
G. 
Public hearing. The PGA shall hold a public hearing within 60 days of the receipt of a complete application, and shall take final action within 60 days from the close of the public hearing, unless such time is extended by agreement between the applicant and the PGA. Notice of the public hearing shall be given by publication in a newspaper of general circulation in the Town, by posting at Town Hall, and by first-class mailings to abutters at least seven days prior to the hearing. The PGA shall make the application available for inspection by the public during business hours at the Town offices.
H. 
Actions. The PGA's action, rendered in writing, shall consist of either:
(1) 
"Approval" of the stormwater management permit application based upon determination that the proposed stormwater management plan meets the standards as set forth in § 235-7C herein and will adequately protect the water resources of the community and complies with the requirements set forth in this bylaw;
(2) 
"Approval with Conditions" of the stormwater management permit application is subject to any conditions, modifications, or restrictions required by the PGA that will ensure the proposed stormwater management plan meets the standards as set forth in § 235-7C and will adequately protect the water resources of the community and complies with the requirements set forth in this bylaw;
(3) 
"Disapproval" of the stormwater management permit application based upon determination that the proposed stormwater management plan, as submitted, does not meet the standards as set forth in § 235-7C, or will not adequately protect the water resources of the community and does not comply with the requirements set forth in this bylaw.
I. 
Appeals. A decision of the PGA shall be final. The applicant may appeal the decision to a court of competent jurisdictions in the time allowed by law.
J. 
Plan changes. The applicant must notify the PGA in writing of any drainage change or alteration in the system authorized in the stormwater management permit before any change or alteration is made. If the PGA determines that the change or alteration is significant, based on the standards, the requirements set forth in this bylaw, or accepted construction practices, the PGA may require that an amended application be filed. If any change or alteration from the stormwater management permit occurs during any land disturbing activities, the PGA may require the installation of interim erosion and sedimentation control measures before approving the change or alteration.
K. 
Stormwater pollution prevention plans (SWPPPs). Applicants may be required to prepare a SWPPP to satisfy the US EPA requirements under the NPDES Construction General Permit (CGP). Applicants are responsible for verifying requirements and preparing a SWPPP in full compliance with CGP regulations, as well as filing any additional materials with EPA, such as a Notice of Intent (NOI).
A. 
The stormwater management plan shall contain sufficient information for the PGA to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The stormwater management plan shall be designed to meet the standards set forth in § 235-7C below, and the latest version of the Massachusetts Department of Environmental Protection (DEP) Stormwater Handbook.
B. 
The stormwater management plan shall fully describe the project in engineering plans, drawings, and narrative. It shall include, at a minimum, the following:
(1) 
Names, addresses, telephone numbers, and email addresses of the owner, applicant, and person(s) or firm(s) preparing the plan;
(2) 
Project narrative containing relevant information related to stormwater requirements;
(3) 
Locus map of the site;
(4) 
Any conservation restriction(s), conservation commission restriction(s), restrictive covenant, or conservation deed restriction(s) for the site;
(5) 
Description of existing and proposed conditions;
(6) 
Existing and proposed zoning and land use at the site;
(7) 
Existing and proposed easements and utilities at the site;
(8) 
Existing conservation land as owned by the Town of Templeton or neighboring communities;
(9) 
Existing and proposed topography (one-foot interval contours with additional spot grades sufficient to depict detailed drainage patterns) at the site;
(10) 
Existing and prosed hydrology, watershed boundaries, drainage area, and stormwater flow paths;
(11) 
Existing and proposed stormwater conveyances, impoundments, and wetlands into which stormwater flows at and adjacent to the site;
(12) 
Existing and proposed 100-year flood plain, if applicable;
(13) 
High groundwater elevation (November to April) as determined via completion of representative test pits or other geological investigations in areas to be used for stormwater retention, detention, or infiltration;
(14) 
Description of subsurface conditions in areas to be used for stormwater, retention, detention, or infiltration;
(15) 
Evaluation of opportunities for using low impact development (LID) and green infrastructure techniques and BMPs;
(16) 
Plans, drawings, and descriptions of proposed drainage system and all components including:
(a) 
Locations, cross-sections, and profiles of stormwater conveyances such as drainage swales and their method of stabilization;
(b) 
All measures for the detention, retention, and/or infiltration of stormwater;
(c) 
All measures for the protection of water quality;
(d) 
The structural details and sizing for all components of the proposed drainage systems and stormwater management facilities;
(e) 
Notes on drawings specifying materials to be used, construction specifications, and typical details and cross-sections;
(f) 
Analysis of existing and proposed hydrology with supporting calculations;
(g) 
Calculations supporting the estimate of stormwater treatment performance;
(h) 
Calculations supporting the design of infiltration practices, including design infiltration rates, estimated dewatering times, and mounding analyses, where applicable.
(17) 
Stormwater runoff shall be calculated using latest National Oceanic and Atmospheric Administration (NOAA) Atlas 14 (or current version) precipitation frequency amounts for recurrence intervals (twenty-four-hour duration) two-, ten-, twenty-five-, fifty-, and 100-year frequencies;
(18) 
Any supplemental materials filed with US EPA under the CGP, such as a SWPPP and/or NOI as outlined § 235-6K;
(19) 
Documents must be stamped and certified by a qualified licensed P.E.; and
(20) 
Any other information requested by the Permit Granting Authority.
C. 
Stormwater Management Standards ("Standards"). Projects shall meet the following standards:
(1) 
No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or Waters of the Commonwealth;
(2) 
Low Impact Development (LID) site planning and design strategies must be implemented unless determined infeasible by the PGA to reduce the discharge of stormwater from development sites;
(3) 
Stormwater management system design shall be consistent with, or more stringent than, the requirements of the latest version of the Massachusetts DEP Stormwater Handbook;
(4) 
Stormwater management systems on new development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of Total Suspended Solids (TSS) related to the total post-construction impervious area on the site and 60% of the average annual load of Total Phosphorus (TP) related to the total post-construction impervious surface area on the site.
(a) 
Average annual pollutant removal requirements in § 235-7C(4) are achieved through one of the following methods:
[1] 
Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with US EPA Region l's BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation tool provided by US EPA Region 1, where available. If US EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or state approved BMP design guidance or performance standards (e.g., state stormwater handbooks and design guidance manuals) may be used to calculate BMP performance; or
[2] 
Retaining the volume of runoff equivalent to, or greater than, 1.0 inch multiplied by the total post-construction impervious surface area on the new development site; or
[3] 
Meeting a combination of retention and treatment that achieves the above standards; or
[4] 
Utilizing offsite mitigation that meets the above standards within the same USGS HUC12 as the new development site.
(5) 
Stormwater Management systems on redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of TSS related to the total post-construction impervious area on the site and 50% of the average annual load of TP related to the total post-construction impervious surface area on the site.
(a) 
Average annual pollutant removal requirements in 235-7(C)(5) are achieved through one of the following methods:
[1] 
Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with US EPA Region 1's BMP accounting and tracking tool (2016) or other BMP performance evaluation tool provided by US EPA Region 1, where available. If US EPA Region 1 tools do not address the planned or installed BMP guidance or performance standards (e.g., state stormwater handbooks and design guidance manuals) may be used to calculate BMP performance; or
[2] 
Retaining the volume of runoff equivalent to, or greater than 0.8 inches multiplied by the total post-construction impervious surface area on the redevelopment site; or
[3] 
Meeting a combination of retention and treatment that achieves the above standards; or
[4] 
Utilizing offsite mitigation that meets the above standards within the same USGS HUC12 as the redevelopment site.
(6) 
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from § 235-7C(5). Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of § 235-7C(5).
(7) 
BMPs on new development and redevelopment sites shall be optimized for nitrogen removal.
A. 
The Erosion and Sediment Control Plan shall contain sufficient information for the PGA about the nature and purpose of the proposed development, pertinent conditions of the site and adjacent areas, proposed erosion and sedimentation controls, and proposed control for other wastes on construction sites such as demolition debris, litter, and sanitary wastes to ensure they are not discharged into the MS4, drainage system or Waters of the Commonwealth of Massachusetts. The applicant shall submit such material as is necessary to show that the proposed development will comply with the design requirements as follows:
(1) 
Minimize total area of disturbance;
(2) 
Sequence activities to minimize simultaneous areas of disturbance;
(3) 
Installing erosion and sediment controls prior to the commencement of any construction activity;
(4) 
Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control;
(5) 
Divert uncontaminated water around disturbed areas;
(6) 
Maximize infiltration and groundwater recharge;
(7) 
Install, inspect and maintain all erosion and sediment control measures in accordance with the manufacturer's specifications and good engineering practices;
(8) 
Prevent off-site transport of sediment and wastes;
(9) 
Protect all storm drain inlets and armor all newly constructed outlets;
(10) 
Protect and manage on and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project);
(11) 
Comply with applicable federal, state, and local laws and regulations, including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control;
(12) 
Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site;
(13) 
Properly manage on-site construction waste and materials;
(14) 
Stabilize construction site entrances and exits and prevent off-site vehicle tracking of sediments; and,
(15) 
Ensure that any stormwater BMP (for post-construction stormwater management) installed during construction will be protected from compaction, siltation, and erosion or will be restored or replaced such that the BMP will be capable of functioning as designed in accordance with these stormwater regulations.
B. 
The content of the Erosion and Sediment Control Plan shall contain the following information:
(1) 
Names, addresses, telephone numbers, and email addresses of the owner, applicant, and person(s) or firm(s) preparing this plan;
(2) 
Locus map, including title, date, north arrow, names of abutters, scale, and legend;
(3) 
Location and description of natural features including:
(a) 
Watercourses and water bodies, wetland resource areas, and all floodplain information, including the 100-year flood elevation based upon the most recent Flood Insurance Rate Map, or as calculated by a qualified P.E. for areas not assessed on these maps;
(b) 
Existing vegetation including tree lines, canopy layer, shrub layer, and ground cover, and trees with a caliper 12 inches or larger, noting specimen trees and forest communities; and,
(c) 
Habitats mapped by the Massachusetts Natural Heritage and Endangered Species Program as Endangered, Threatened or of Special Concern, Estimated Habitats of Rare Wildlife, and Certified Vernal Pools, and Priority Habitats of Rare Species within 500 feet of any construction activity.
(4) 
Lines of existing abutting streets showing drainage and driveway locations and curb cuts;
(5) 
Existing soil, volume, and nature of imported soil materials;
(6) 
Topographical features including existing and proposed contours at intervals no greater than one foot with spot elevations provided when needed;
(7) 
Surveyed property lines showing distances and monument locations, all existing and proposed easements, rights-of-way, and other encumbrances, the size of the entire parcel, and the delineation and number of square feet of the land area to be disturbed;
(8) 
Drainage patterns and approximate slopes anticipated after major grading activities;
(9) 
Location and details of erosion and sediment control measures with a narrative of the construction sequence/phasing of the project, including both operation and maintenance for structural and non-structural measures, interim grading, and material stockpiling areas;
(10) 
Path and mechanism to divert uncontaminated water around disturbed areas, to the maximum extent practicable;
(11) 
Location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures;
(12) 
A description of construction and waste materials expected to be stored on-site. The plan shall include a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
(13) 
A description of provisions for phasing the project where one acre of area or greater is to be altered or disturbed;
(14) 
A description of how the project owner will inspect the site during the course of construction to monitor the management of stormwater in accordance with applicable town, state, and federal regulations.
(15) 
Plans must be stamped and certified by a qualified Professional Engineer (PE) or a Certified Professional in Erosion and Sediment Control (CPESC); and,
(16) 
Such other information required by the Permit Granting Authority (PGA).
A. 
The Operation and Maintenance Plan (OMP) shall be designed to ensure ongoing compliance with the Stormwater Management Permit, this bylaw and any rules and regulations adopted hereunder, and that the Massachusetts Surface Water Quality Standards, 314 CMR 4.00, are met in all seasons and throughout the life of the system. The Permit Granting Authority (PGA) shall make the final determination of what maintenance option is appropriate in any given situation. The PGA will consider natural features, proximity of the site to MS4 infrastructure, proximity of the site to waterbodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The OPM shall remain on file with the PGA and shall be an ongoing requirement. The OMP shall include;
(1) 
The name(s) of the owner(s) of all components of the system;
(2) 
Maintenance agreements that specify:
(a) 
Names, addresses, telephone numbers, and email addresses of the person(s) responsible for operation and maintenance.
(b) 
The person(s) and their contact information responsible for financing maintenance and emergency repairs.
(c) 
A maintenance schedule that includes routine inspection along with routine and non-routine maintenance tasks for each BMP.
(d) 
A list of easements, if applicable, with the purpose and location of each.
(e) 
The signature(s) of the owner(s).
(f) 
Estimated operation and maintenance budget.
(g) 
The party responsible shall:
[1] 
Maintain a log of all operation and maintenance activities for the last three years including inspections, repair, replacement, and disposal (the log shall indicate the type of material and the disposal location);
[2] 
Make this log available to the PGA and the Commonwealth of Massachusetts upon request; and,
[3] 
Allow Massachusetts DEP and the Town of Templeton to inspect each BMP to determine whether the responsible party is implementing the Operation and Maintenance Plan.
(3) 
Stormwater management easement(s).
(a) 
Stormwater management easements shall be provided by the property owner(s) if the PGA deems necessary for:
[1] 
Access for facility inspections and maintenance;
[2] 
Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event; and,
[3] 
Direct maintenance access by heavy equipment to structures requiring regular cleanout.
(b) 
The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.
(c) 
Stormwater management easements are required for all areas used for off-site stormwater control unless a waiver is granted by the PGA.
(d) 
Easements shall be recorded by the owner with the Worcester County Registry of Deeds prior to the issuance of a certificate of completion (COC).
(4) 
Changes to operation and maintenance plans.
(a) 
The owner(s) of the stormwater management system must notify the PGA of changes in ownership or assignment of financial responsibility.
(b) 
The maintenance schedule in the OMP may be amended to achieve the purposes of this bylaw by mutual agreement of the PGA and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility during the future years.
B. 
Stormwater infrastructure shall be privately owned, inspected, and maintained per the OMP procedures approved for the project. Inspection and maintenance logs shall be provided to the Planning Board on a yearly basis by final day in June for the town to use in preparation of its annual report to the US EPA as part of the NPDES MS4 permit requirements.
C. 
The applicant shall provide the PGA with an annual report prepared and stamped by a licensed Professional Engineer documenting and certifying performance of required maintenance and providing an assessment of overall system performance.
D. 
The OMP shall include procedures for using dedicated funds, establishing an escrow account, and/or developing a maintenance contract, if determined appropriate to ensure adequate long-term maintenance.
E. 
Stormwater management operation and maintenance duties shall be recorded with the deed for each lot in a subdivision. The applicant may elect to set up a homeowners' association (HOA) or other means to ensure all BMPs are inspected and maintained as required.
F. 
Long-term operators responsible for OMP implementation shall submit an annual report to the Planning Board documenting all inspection and maintenance completed on the stormwater system.
A. 
The PGA may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, 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 PGA to ensure that the work will be completed in accordance with the permit. If the project is phased, the PGA 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 PGA has received the final inspection report as required by § 235-11F and issued a certificate of completion.
A. 
Pre-construction meeting. Prior to the commencement of any clearing, excavation, construction, or disturbance of land, the applicant, the applicant's licensed Professional Engineer, the general contractor, the Town's third-party expert engineer, or any other person with authority to make changes to the project, shall meet with the PGA or its designee to review the permitted stormwater management, erosion and sediment control, and operation and maintenance plans and their implementation.
B. 
Erosion and sediment control inspections. The applicant shall conduct and document inspections of all erosion and sediment control measures no less than weekly or as specified in the stormwater management permit, and prior to and following anticipated storm events. The purpose of such inspections is to determine the overall effectiveness of the erosion and sediment control plan, and the need for maintenance or additional control measures. The applicant shall submit monthly erosion and sediment control reports to Planning Board in a format approved by the Planning Board.
C. 
Routine inspections. Routine inspections shall be performed by the Town or a professional engineer approved by the PGA. Written reports shall include:
(1) 
Inspection date and location.
(2) 
Evaluation of compliance with the stormwater permit.
(3) 
Any variations from approved specifications or any violations of the stormwater management plan.
D. 
At a minimum, the PGA or its agent/engineer may inspect the project site at the following stages:
(1) 
Initial site inspection: prior to approval of any permit/plan (note, an inspection will also be completed by the Town's third-party expert engineer);
(2) 
Erosion and sediment control inspection prior to the commencement of any construction activity: to ensure erosion and sediment control measures are in place and stabilized, and to ensure erosion control practices are in accordance with the filed plan (note, an inspection will also be completed by the Town's third-party expert engineer);
(3) 
Site clearing has been substantially completed;
(4) 
Rough grading has been substantially completed;
(5) 
Final grading has been substantially completed;
(6) 
Bury inspections: prior to backfilling of any underground drainage or stormwater structures;
(7) 
Close of the construction season;
(8) 
Landscaping (permanent stabilization); and
(9) 
Final inspection. After the stormwater management system has been constructed the applicant must submit and record an as-built plan detailing the actual stormwater management system as installed. Such plans shall show compliance with the final approved plans by the PGA. The PGA or their designee shall inspect the system to confirm its "as-built" features match those depicted on the project plans. If the inspector finds the system to be adequate, the inspector shall report to the PGA, which will then issue a certificate of completion.
E. 
Access permission. To the extent permitted by Massachusetts law, the Town, the PGA, or its agent/engineer may enter upon privately owned property for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys, or sampling as the PGA deems reasonably necessary to determine compliance with the Stormwater Management Permit.
F. 
Final reports. Upon completion of the work, the applicant shall submit a report (including certified as-built construction plans) from the applicant's licensed Professional Engineer. As-Built drawings shall be submitted to the PGA prior to the Building Commissioner's issuance of a Certificate of Occupancy or within two years of completion of construction, whichever is sooner. 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 report shall certify that all permitted construction, plans, and approved changes and modifications, were completed in accordance with the conditions of the approved stormwater management permit. Any discrepancies should be noted in the report.
G. 
If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the stormwater management plan, it shall be corrected by the applicant at no cost to the Town of Templeton. Examples of inadequacy include but are not limited to; errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins or other structural BMPs.
A. 
Upon receipt of a final inspection report and certification by the applicant's licensed Professional Engineer, the PGA will issue a certificate of completion determining that all work of the stormwater management permit has been satisfactorily completed in conformance with this bylaw. The PGA may, in addition to certifying satisfactory completion of the project, require ongoing maintenance procedures as outlined in the OMP and/or work deemed necessary by the PGA.
A. 
Notices and orders.
(1) 
The PGA or an authorized agent of the PGA shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations, which may include requirements to:
(a) 
Cease and desist from all or a portion of construction or land disturbing activity until there is compliance with the bylaw, regulations and the stormwater management permit;
(b) 
Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the Operation and Maintenance Agreement;
(c) 
Perform monitoring, analyses, and reporting; and/or
(d) 
Remediate any adverse impacts resulting directly or indirectly from malfunction of the storm water management system.
(2) 
The property owner or its designee may appeal the decision of the enforcing agent to the full PGA within five calendar days of receipt of the written notice of violation or enforcement order. Failure to appeal within five calendar days shall preclude any further appeal.
(3) 
If the PGA or authorized agent of the PGA determines that the abatement or remediation of adverse impacts is required, the 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 of Templeton may, at its option, undertake such work, and the property owner shall reimburse the Town's expenses.
(4) 
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, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the PGA within 30 days of receipt of the notification of the cost 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 PGA 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 31st day at which the costs first become due.
(5) 
The suspension or revocation of the stormwater management permit shall not relieve the applicant of its obligations thereunder except at the discretion of the board as stated in writing.
(6) 
Any person who purchases, inherits, or otherwise acquires real estate upon which work has been done in violation of the provisions of the stormwater management bylaw and these regulations, or in violation of the approved plans under these regulations shall forthwith comply with any such order, and restore such real estate to its condition prior to such violation, as the Planning Board deems necessary to remedy such violation.
(7) 
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued hereunder 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.
(8) 
Non-Criminal disposition. As an alternative to criminal prosecution or civil action, the Planning Board or its designee may elect to utilize the non-criminal disposition procedure set forth in MGL c. 40, § 21D and the Town's bylaws in which case the Planning Board or its designee shall be the enforcing entity. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and all subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
(9) 
Remedies not exclusive. The remedies listed in these regulations are not exclusive of any other remedies available under any applicable federal, state, or local law.
A. 
The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.