Freetown City Zoning Code
ARTICLE XI
Stormwater Management
§ 300-11.1 Purpose.
A.
Increased and contaminated stormwater runoff associated with developed land uses and the impacts of soil erosion and sedimentation are known to cause:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Erosion of stream channels;
(4)
Alteration and destruction of aquatic and wildlife habitat;
(5)
Flooding; and
(6)
Overloading or clogging of municipal storm drain systems.
B.
The objectives of this article are to require practices to control the flow of stormwater from new and redeveloped sites into the Freetown storm sewer system in order to:
(1)
Prevent pollutants from entering and discharging from the Freetown municipal separate storm sewer system (MS4);
(2)
Require practices that eliminate soil erosion and sedimentation and control the volume and rate of stormwater runoff resulting from land disturbance activities;
(3)
Ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process;
(4)
Prevent flooding;
(5)
Promote infiltration and recharge of groundwater;
(6)
Encourage the use of low-impact development planning techniques such as reducing impervious cover and the preservation of green space and other natural areas;
(7)
Require the implementation of site-specific low-impact development stormwater best management practices in new and redevelopment projects;
(8)
Protect groundwater and surface water from degradation;
(9)
Control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at a construction site;
(10)
Ensure adequate operation and maintenance of structural stormwater best management practices so they work as designed, both long-term and during construction;
(11)
Comply with state and federal statutes and regulations relating to stormwater discharges; and
(12)
Establish Freetown's legal authority to ensure compliance with the provisions of this article through plan review, approval, inspection, monitoring, and enforcement.
§ 300-11.2 Definitions and word usage.
A. ALTER APPROVAL NOT REQUIRED (ANR) BOARD COMMISSION CONVEYANCE EROSION CONTROL GRADING LAND DISTURBANCE LOW-IMPACT DEVELOPMENT (LID) TECHNIQUES MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL STORM SEWER SYSTEM NONPOINT SOURCE OWNER POINT SOURCE REDEVELOPMENT STORMWATER AUTHORITY STORMWATER BEST MANAGEMENT PRACTICE (BMP) STORMWATER MANAGEMENT STORMWATER PERMIT
The following definitions shall apply in the interpretation and enforcement of this bylaw:
Shall mean any activity which will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage. Alter may be similarly represented as "alteration of drainage characteristics," and "conducting land disturbance activities."
Shall mean a plan of land that does not require approval under the Subdivision Control Law of Massachusetts (MGL c. 41, §§ 81K through 81GG).
Shall mean the Freetown Planning Board.
Shall mean the Town of Freetown Conservation Commission.
Shall mean any natural or human-made structure or device, including pipes, drains, culverts, curb breaks, paved swales or vegetated swales of all types, designed or utilized to move or direct stormwater runoff or existing water flow.
Shall mean the prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff.
Shall mean changing the level or shape of the ground surface.
Shall mean any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material. See also "alter."
Shall mean stormwater management practices that are modeled after natural hydrologic features. Low-impact development techniques manage rainfall at the source using uniformly distributed, decentralized, microscale controls. Low-impact development techniques use small, cost-effective landscape features located at the lot level. Refer to the most recent version of MassDEP Stormwater Regulations for specific LID BMPs.
Shall mean the requirements described in the Massachusetts Stormwater Handbook, as they may be amended from time to time, that address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by establishing standards that require the implementation of a wide variety of stormwater management strategies. These strategies include environmentally sensitive site design and low-impact development techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural best management practices, construction period erosion and sedimentation control, and the long-term operation and maintenance of stormwater management systems. The Stormwater Management Standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
Shall mean a conveyance or system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, municipal street, catch basins, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, ditch, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Freetown.
Shall mean any source from which pollution is discharged which is not identified as a point source, including but not limited to urban, agricultural, or silvicultural runoff.
Shall mean a person with a legal or equitable interest in a property.
Means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete, fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
Shall mean the development, replacement, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Standards for redevelopment only apply to those portions of the parcel that currently contain alteration by human activities. Redevelopment is further defined by Massachusetts Stormwater Management Standard 7.
Shall mean the Town of Freetown's Planning Board. Under the Planning Board, the Town Planner/designee is appointed as its agent and is responsible for coordinating the review, approval and permit process as defined in this article. Other boards and/or departments participate in the review process as defined in § 300-11.4 of this article. In the event a project is seeking approvals from the Freetown Conservation Commission only and is not subject to review by the Planning Board, the Commission will act as the stormwater authority for that project. The Town Planner/designee will be the agent for all stormwater permits issued by the Commission.
Shall mean a structural or nonstructural technique for managing stormwater to prevent or reduce nonpoint source pollutants from entering surface waters or groundwaters. A structural stormwater best management practice includes a basin, discharge outlet, swale, rain garden, biofilter or other stormwater treatment practice or measure either alone or in combination, including without limitation any discharge pipe, overflow pipe, conduit, weir control structure that (a) is not naturally occurring; (b) is not designed as a wetland replication area; and (c) has been designed, constructed, and installed for the purpose of conveying, collecting, storing, discharging, recharging or treating stormwater. Nonstructural stormwater best management practices include source control and pollution prevention measures.
Shall mean the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
Shall mean a permit issued by the stormwater authority, after review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated stormwater runoff.
B.
Additional terms that apply to issuance of a stormwater management permit established by this article shall be defined and included as part of the regulations promulgated and, from time to time, amended under § 300-11.5B of this article, a copy of which is available at the Board and the office of the Town Clerk. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning.
§ 300-11.3 Authority; when effective.
A.
The stormwater management article is hereby established in the Town of Freetown, Massachusetts. This article is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the rules and regulations of the federal Clean Water Act found at 40 CFR 122.34.
B.
This article shall take effect upon its approval by the Attorney General and publications as provided by MGL c. 40, § 32; provided, however, that any continuous legally permitted activities in operation on that day may continue.
§ 300-11.4 Scope and applicability.
A.
This article shall be applicable to the following activities:
(1)
Any discharges to the municipal storm drain system, including all flows entering the municipally owned storm drainage system and surface waters;
(2)
Any subdivision as defined in the Massachusetts Subdivision Control Law (MGL c. 41, §§ 81K to 81GG) requiring a definitive plan;
(3)
Any activities that result in a land disturbance of one acre or greater within the Town of Freetown; and
(4)
Any activities that result in a land disturbance less than one acre if the project is part of a larger common plan of development which will disturb one acre or more within the Town of Freetown. Plans that do not require approval under the Subdivision Control Law, hereafter referred to as "approval not required or ANR lots," and meet one or more of the applicability criteria described herein are subject to the provisions of this bylaw and shall obtain a stormwater management permit.
B.
Prohibited activities.
(1)
Pet waste. Freetown is subject to a fecal coliform total maximum daily load, and because dog feces are a major component of stormwater pollution, it shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a helping dog or other helping animal registered as such. Persons walking dogs must carry with them a device designed to properly dispose of dog feces, including, but not limited to, a bag or "pooper scooper."
C.
Exemptions. No person who meets the applicability of this bylaw shall alter land within the Town of Freetown without having obtained a stormwater permit, with the following exceptions:
(1)
Ground disturbances in the course of customary cemetery use and regular maintenance.
(2)
Maintenance of landscaping, gardens or lawn areas.
(3)
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act, 310 CMR 10.04, and MGL c. 40A, § 3.
(4)
Any work or projects for which the required permit applications have been submitted to the Planning Board, Board of Selectmen, Zoning Board of Appeals, and Conservation Commission before the effective date of this article. For proposed subdivisions, a definitive plan must have been submitted to be considered exempt from this article.
(5)
Emergency repairs to any stormwater management facility or practice, such that the original design location, size, and technology remain the same, that poses a threat to public health or safety, or as deemed necessary by the Board or its authorized agent.
D.
Coordination with other Town permits.
(1)
No Town soil removal permit from the Soil Conservation Board, order of conditions from the Conservation Commission, site plan approval from the Planning Board, building permit, subdivision approval, special permit, variance or finding shall constitute compliance with this article unless issuance of such permit included review by the Planning Department or Town consultants on behalf of the Planning Board relative to this article. For a project or activity that meets the scope and applicability of this article, no work may commence until the site owner or his agent submits a complete stormwater permit application, the Board issues a stormwater permit, and the site owner and responsible parties sign and certify that all land clearing, construction, and development will be done pursuant to the approved plans and permit.
(2)
In the event a project is only required to obtain approvals from the Town of Freetown Conservation Commission and no approvals are required from the Planning Board, the Commission will be the issuing authority under this article. The Commission, and/or its agent, will issue the stormwater permit.
(3)
This article is not intended to interfere with, abrogate, or annul any other bylaw, rule or regulation, statute, or other provision of law, including Chapter 244, Article I, Nonstormwater Discharges to Municipal Storm Drainage System, of the Town of Freetown. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.
(4)
In case of conflicting requirements, the more restrictive or more protective of human health and the environment shall take precedence over the Freetown stormwater management article and the regulations promulgated thereunder. These state statutes and regulations include, but are not limited to, the following documents: the Massachusetts Wetlands Protection Act,[1] the Massachusetts Rivers Act, the Massachusetts Watershed Protection Act, and the Massachusetts Stormwater Management Standards, as amended.
[1]
Editor's Note: See MGL c. 131, § 430.
§ 300-11.5 Administration.
A.
Stormwater authority. The Planning Board is hereby designated as the stormwater authority, with the Town Planner or the Boards designee appointed as its Agent. The Board, or its agent, shall administer, implement and enforce this article. The Board may appoint the Conservation Agent, Highway Surveyor, or qualified professional to act as its authorized agent for site inspections and to advise the Board. In the event a project does not require any approvals from the Planning Board, but requires approvals from the Freetown Conservation Commission, and meets the thresholds described in § 300-11.4A, the Commission will serve as the stormwater authority.
B.
Stormwater regulations. The Planning Board may adopt, and periodically amend, rules and regulations relating to the terms, conditions, definitions, enforcement, fees (including application, clerical, inspection, and/or consultant fees), procedures and administration of this stormwater management article after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation at least 14 days prior to the hearing date. After public notice and public hearing, the Board may promulgate rules and regulations to effectuate the purposes of this article. Failure of the Board to promulgate such rules and regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this article.
C.
Stormwater management manual. The Board will utilize the most current versions of the Massachusetts Stormwater Management Handbook and the Massachusetts MS4 permit, as amended from time to time, for criteria and information, including specifications and standards, for the execution of the provisions of this article. These include a list of acceptable stormwater treatment practices, with specific design criteria for each. Unless specifically altered in this stormwater management article and regulations, stormwater management practices that are designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Standards and design and sizing criteria in the Stormwater Management Handbook shall be presumed by the Board to be protective of Massachusetts water quality standards. The Board will also utilize the performance standards described in the most current version of the MS4 permit.
D.
Actions by the Board. The Board may take any of the following actions as a result of an application for a stormwater permit as more specifically defined as part of the regulations promulgated as part of this article: approval, approval with conditions, disapproval, or disapproval without prejudice.
E.
Appeals of action by the Board. The decisions or orders of the Board shall be final. Further relief shall be to a court of competent jurisdiction.
§ 300-11.6 Permit procedures.
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule, and public hearing process, shall be defined and included as part of the regulations promulgated under § 300-11.5B of this article.
§ 300-11.7 Performance standards.
Criteria for erosion and sediment control and post-construction stormwater management, including stormwater performance standards, shall be defined and included as part of the regulations promulgated under § 300-11.5B of this article.
§ 300-11.8 Waivers.
A.
The Board may, in its discretion and after due consideration, decide to waive and exempt strict compliance with any requirement of the Town of Freetown stormwater management article or the regulations promulgated hereunder, where it makes a written finding that such action is:
§ 300-11.9 Enforcement.
A.
The Board or its authorized agent/designee shall enforce this article and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all criminal and civil remedies, including injunctive relief and monetary damages and costs of litigation and attorney fees, for such violations and for abatement and mitigation and compliance actions taken by the Board. As an alternative to criminal prosecution or civil action, the Board may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and the Town of Freetown's General and Zoning Bylaw Chapter 1, Article II, Penalties, in which case the Board shall be the enforcing person.
B.
To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Board's agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this article and may make or cause to be made such examinations, surveys or sampling as the Board deems reasonably necessary to determine compliance with a permit issued under this article. Enforcement shall be further defined and included as part of the regulations promulgated under § 300-11.5B of this article.
§ 300-11.10 Severability.
The invalidity of any section, provision, paragraph, sentence, or clause of this article shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.