Ludlow City Zoning Code

SECTION VII

- LAND USE REVIEW METHODS

Sec. V-7.0 - Special permits.

Special permits are requested for certain uses, structures, or conditions as specified in section 3.2.2, table of principal uses.

7.0.1

Purpose. Special permits are intended to provide detailed review of certain uses and structures which may have substantial impact upon traffic, utility systems, and the character of the town, among other things. The special permit review process is intended to insure a harmonious relationship between proposed development and its surroundings, and insure that proposals are consistent with the purpose and intent of this bylaw.

7.0.2

Special permit granting authority. The planning board shall have those special permit granting authorities as specified in section 3.2.2 table of principal uses.

7.0.3

Special permit procedures. Special permits may be issued by special permit granting authorities (SPGAs) in accordance with Massachusetts General Laws, chapter 40A, section 9, and with the following regulations:

Public hearing. Special permits may only be issued following a public hearing which must be held within 65 days after a special permit application is filed with the special permit granting authority. The applicant shall also file a copy of the special permit application forthwith with the town clerk. The special permit granting authority shall take final action on an application for special permit within 90 days following the public hearing. Failure to do so shall constitute approval. A unanimous vote of a three-member board and a vote of at least four members of a five-member board is required.

Application procedures.

(1)

All applications for special permits shall be made in writing on forms furnished by the planning board clerk and located in the planning board office and shall be accompanied by a site plan, when required, in accordance with section 3.1 table of principal uses. Any application fees and publication fees shall be paid by the applicant.

(2)

Misrepresentation of any of the required plan items shall be cause to revoke a special permit.

(3)

No special permit shall authorize a use expressly prohibited by these zoning bylaws.

Rules and regulations. The special permit granting authority shall adopt and from time-to-time, amend rules and regulations relative to the issuance of such permits, and shall file a copy of said rules and regulations in the office of the town clerk.

7.0.4

Special permit criteria. Special permits may only be issued after the special permit granting authority makes a finding that the proposed use is in harmony with the general purposes and intent of this bylaw, meets the specific regulations for the zoning district in which the use is located, and complies with the specific regulations listed below. The special permit granting authority may condition the special permit, including safeguards and limitations on time or use.

The special permit granting authority may grant a special permit authorized by this bylaw if said board finds, when applicable, that:

The proposal is suitably located in the neighborhood in which it is proposed and/or the total town, as deemed appropriate by the special permit granting authority.

The proposal is compatible with existing uses and other uses permitted by right in the same district.

The proposal would not constitute a nuisance due to air and water pollution, flood, noise, dust, vibrations, lights, or visually offensive structures and accessories.

The proposal would not be a substantial inconvenience or hazard to abutters, vehicles, or pedestrians.

Adequate and appropriate facilities would be provided for the proper operation of the proposed use.

The proposal reasonably protects the adjoining premises against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance.

The proposal ensures that it is in conformance with the sign regulations of the bylaw (see section 6.5).

The proposal provides convenient and safe vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements.

The proposal ensures adequate space for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment or use.

The proposal provides adequate methods of disposal and/or storage for sewage, refuse, and other wastes resulting from the uses permitted or permissible on the site, and methods of drainage for surface water.

The proposal ensures protection from flood hazards, considering such factors as the following: elevation of buildings; drainage; adequacy of sewage disposal; erosion and sedimentation control; equipment location; refuse disposal; storage of buoyant materials; extent of paving; effect of fill, roadways or other encroachments on flood runoff and flow.

The proposal is in general harmony with the general purpose and intent of this bylaw.

The proposed use complies with any and all additional special permit criteria or special use regulations imposed on individual uses in section VI of this bylaw.

7.0.5

Expiration. A special permit shall lapse within one year if substantial use thereof has not commenced except for good cause or in the case of a special permit construction if construction has not begun within such time period without good cause. Included within the one year time limit shall be the time required to pursue or await the determination of an appeal as specified in section 17 of M.G.L. chapter 40A.

7.0.6

Special permit—Scientific research/development accessory use. Special permits for uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may only be granted after the planning board makes a finding that the proposed accessory use does not substantially derogate from the public good.

Sec. V-7.1. - Site plan approval.

7.1.1

General purpose. To accomplish the purposes set forth in section I of this bylaw as to the specific goals of facilitating traffic channelization and control, assuring adequate drainage of surface water, protecting the environment, property values, abutting properties and visual amenities, and to facilitate the administration of the section, no permit for the construction, exterior alteration, relocation, occupancy or change in use of any building, structure or premises, shall be granted until the provisions of this bylaw have been fulfilled. Upon the fulfillment of the site plan approval criteria, a plan approval will be issued by the planning board to the building inspector.

7.1.2

Projects requiring site plan approval. Within all districts, no special permit or building permit shall be issued and no application for such permits shall be accepted for any of the following uses:

The construction or occupancy of a new building.

Additions over 25 percent to the gross floor area of an existing building.

Any exterior alteration, addition, occupancy, or change in use of an existing construction or premises whose site sketch did not receive the town planning board waiver.

** Unless a site plan has been endorsed by the planning board after consultation with other boards, including but not limited to the following: fire department, department of public works, building office and/or town engineer, conservation commission, and board of health.

7.1.3

Exemption from site plan approval. Site plan approval shall not be required for:

The construction or enlargement of any single family dwelling; or

Any building used exclusively for agriculture, horticulture, or floriculture.

No site plan approval shall be required in those instances where a lawful use change is proposed, and no physical changes (other than signs) will occur to the site or building exterior, and where no new or additional requirements of the zoning bylaw must be met for the proposed use.

In the above case (c. only) the planning board will only require a "change of occupancy" application with the application fee in force at the time.

7.1.4

Applications for site plan approval.

Each application for site plan approval shall be submitted to the planning board by the current owner of record, accompanied by the original or reproducible Mylar and ten sets of prints.

The planning board shall obtain with each submission a deposit sufficient to cover any expenses connected with a public hearing, public notification, and review of plans.

7.1.5

Required site plan contents. All site plans shall be prepared by a person or persons registered under the Massachusetts General Laws of the Commonwealth of Massachusetts to practice architecture and/or engineering, and land surveying and shall show the seals of the architect and/or engineer, and land surveyor. All site plans shall be on standard 24- by 36-inch sheets at a scale of one inch equals 40 feet, with additional narrative as necessary:

All site plans shall also include the property owner's names, date of plan, and scale of plan; and a space for endorsement by the planning board (three by five inches).

Provision for adequate drainage of surface water from paved areas. Use of landscaped areas to provide such drainage in order to relieve storm drainage systems is encouraged. The piping for the storm water drainage systems shall be designed using the ten-year storm curve for parking area drains and the 25-year storm curve for culverts over existing natural waterways and retention areas.

Existing and proposed vegetation. Such vegetation shall be indicated by:

(1)

Type and location (whether woods, brush, shrubs, etc.).

(2)

Number of plants (if appropriate).

Existing natural features such as wetlands, rock outcroppings, slopes, hills, etc.

Pedestrian facilities, if any, including walks, plazas, benches, etc.

Parking spaces and circulation area for automobiles as well as the location of landscaped areas within them. Existing and proposed curb cuts shall be indicated together with approval for such cuts from the appropriate town or state agency. The number of spaces shall be in accordance with section 6.4.2 of the bylaw.

All parking areas shall be paved and noted on the site plan as either "paved" or "to be paved," with the type of pavement to be used. See section 6.4.7, surfacing, for any exemptions that may apply.

Area where deliveries will be made on site.

Existing and proposed fencing to be used to buffer abutting residential dwellings and/or districts from the intended development (if appropriate). Section 3.0.4 of this bylaw.

Existing natural features and vegetation to be retained shall be so indicated. Due regard shall be shown for all existing vegetation and natural features which, if preserved, will add attractiveness and value to the development.

The location and type of monumentation at all property corners shall be shown and maintained.

Existing and proposed elevations and contours. The contour interval shall be two feet or any interval which adequately depicts the grading.

All existing and proposed utilities, and to include utilities with easements.

All site plans required herein shall display names of all abutters.

All existing and proposed sidewalks and curbings.

Landscaping requirements.

(1)

Required landscaping shall be provided as set forth in table 3.

(2)

Buffer strips required by table 3 shall be reserved exclusively for plantings, pedestrian facilities such as benches and walkways, required fences, necessary traffic control signs and those free-standing signs which conform to the requirements of section 6.5. of this bylaw.

The plan shall also include a chart showing the following information:

(1)

Area of lot.

(2)

Area and size of building.

(3)

Maximum area of building to be used for selling, offices, business, industrial, or other uses, if applicable.

(4)

Maximum number of employees, where applicable.

(5)

Maximum seating capacity, where applicable.

(6)

Maximum sleeping capacity, where applicable.

(7)

Number of parking spaces required for the intended use, based on section 6.4.

(8)

Number of parking spaces existing at the site (including street parking adjacent to site).

(9)

Number of trees and/or shrubs.

(10)

Number of trees and/or shrubs shown on plan.

Additional requirements: All site plans need to have the following information unless waived by the planning board:

(1)

Lighting plan with luminaire schedule, prepared by an engineer.

(2)

Elevations showing the front, rear and sides of the building design.

(3)

Signage design with dimensions and locations.

(4)

Area where snow will be stored.

(5)

Traffic study.

7.1.6

Procedures for site plan approval.

The planning board shall request recommendations from the fire department, department of public works, safety committee, building official, and/or town engineer, conservation commission, and board of health. The planning board secretary shall date the plans and distribute the plans to the listed town officials. The site plan shall be revised to show those recommendations which are approved by the planning board.

Failure of other boards to make recommendations within 21 days of the referral of the application will be deemed to be a lack of opposition.

A public hearing shall be held within 65 days, from the date of filing of such plans. After due consideration of the recommendations received, the board shall take final action within 90 days from the time of hearing. The planning board's final action, in writing, shall consist of either:

(1)

Approval of the site plan based on a determination that the proposed project will constitute a suitable development and is in compliance with the standards set forth in this bylaw.

(2)

Disapproval of the site plan based on a determination that the proposed project does not meet the standards for review set forth in this bylaw; or

(3)

Approval of the project subject to any conditions, modifications, and restrictions.

The period of review for a special permit requiring site plan approval shall be the same as any other special permit and shall conform to the requirements of chapter 40A, section 9, "special permits." Specifically, a joint public hearing to address the special permit application and site plan approval application shall be held within 65 days of the filing of a special permit application with the planning board or board of appeals. The planning board shall then have 90 days following the public hearing in which to act.

If the approving board fails to take action within the time frame detailed in section 7.1.6, subsections b and c, approval shall be deemed granted following the procedures for constructive approval of special permits in section 9, chapter 40A, of the general laws.

7.1.7

Site plan approval waiver.

Projects that may seek to waive site plan approval.

(1)

No permit for any of the following uses and no others shall be granted by the town building inspector until a determination is made by the town planning board that the change involved will not create an additional parking or traffic problem and/or site hazard;

(2)

The exterior alteration, addition, occupancy, or change in use of any existing construction or premises; and/or

(3)

Any new construction that constitutes less than 25 percent of the gross floor area of an individual existing building.

Applications for site plan approval waiver. Each application for site plan approval waiver shall be submitted to the planning board, accompanied by a site sketch prepared by the applicant.

Required site sketch contents. Site sketches shall be prepared by the applicant at a scale of one inch equals 40 feet, with additional narrative as necessary:

(1)

A sketch of the lot with all buildings on said lot including dimensions and the lot's location.

(2)

The area where cars are parked on the property and/or street.

(3)

Name of owner and/or applicant.

(4)

A table containing the following information:

(i)

Area of Lot.

(ii)

Area and size of buildings.

(iii)

Number of parking spaces required for the intended use, based on section 6.4.

(iv)

Number of parking spaces existing at the site (including street parking adjacent to site).

(5)

For non-residential uses the additional information is necessary:

(i)

Maximum area of building to be used for selling, offices, business, industrial, or other uses.

(ii)

Maximum number of employees, where applicable.

(iii)

Maximum seating capacity, where applicable.

(iv)

Maximum sleeping capacity, where applicable.

(6)

For two-family dwellings, the additional information is necessary:

(i)

The area of the lot.

(ii)

The area and size of the building.

(iii)

Location of parking spaces.

(iv)

Landscaping plans.

(v)

Existing natural features.

Procedures for site plan approval waiver.

(1)

A public hearing shall be scheduled within 65 days, excluding weekends and legal holidays, of the date the sketch was submitted. The board shall take final action within 90 days from the time of the hearing. The planning board's final action, in writing, shall consist of either:

(i)

Approval of the site sketch and waiver of the need for a registered site plan submission based on the determination that the proposed project will not create additional parking or traffic problems and/or site hazard;

(ii)

Disapproval of the site sketch and waiver based on the determination that the proposed project will create additional parking or traffic problems and/or site hazard; or

(iii)

Approval of the site sketch and waiver subject to any conditions, modifications, and restrictions, which will ensure that the project will not create additional parking or traffic problems and/or site hazard.

(2)

A vote of four to five members of the planning board is necessary to waive the need for a registered site plan, public hearing, and/or the request for recommendations from the fire department, safety committee, building official, department of public works, and/or town engineers, conservation commission, and board of health and public hearing. For other projects, a majority vote of the planning board is necessary.

(3)

If the planning board fails to waive the site plan approval requirements and/or disapproves the site sketch and waiver, procedures shall then be followed on the basis of site plan approval (sections 7.1.2—7.1.6).

(10-2-1995 STM; 10-7-1996 STM; October 1997 STM; 1-25-1999 STM; 10-2-2006 STM; 10-6-2008 STM; 5-10-2010 ATM; 10-4-2010 STM; 5-14-2012 ATM; 10-1-2012 STM; 10-4-2021 STM)

Sec. V-7.2. - Stormwater management bylaw.

Purpose, authority and administration.

Purpose.

The purpose of this bylaw is to better manage land development in order to protect, maintain, and enhance the public health, safety, and general welfare of the citizens of the town by establishing minimum requirements and procedures to control the adverse impacts associated with stormwater runoff.

Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

Limit the harmful impacts of soil erosion and sedimentation. Said impacts include, but are not limited to impairing water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater, contamination of drinking water supplies, alterations or destruction of aquatic and wildlife habitats, cause flooding, and overload and/or clog municipal storm drainage systems.

This bylaw has the following objectives:

(1)

Reduce the adverse water quality impacts of stormwater discharges to rivers, lakes, reservoirs and streams in order to attain federal water quality standards;

(2)

Prevent the discharge of pollutants, including hazardous chemicals, into stormwater runoff;

(3)

Minimize the volume and rate of stormwater which is discharged to rivers, streams reservoirs, lakes and combined sewers that flows from any site during and following development;

(4)

Prevent erosion and sedimentation from land development, and reduce stream channel erosion caused by increased runoff;

(5)

Provide for the recharge of groundwater aquifers and maintain the base flow of streams;

(6)

Provide stormwater facilities that are attractive, maintain the natural integrity of the environment, and are designed to protect public safety;

(7)

To prohibit connections and unauthorized discharges to the MS4;

(8)

To require the removal of all such illicit connections;

(9)

Maintain or reduce pre-development runoff characteristics after development to the extent feasible;

(10)

Minimize damage to public and private property from flooding;

(11)

Ensure that these management controls are properly maintained.

Authority and administration. The board of public works shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the board of public works may be delegated in writing by the board of public works to its employees or agents.

Definitions. The following definitions describe the meaning of the terms used in this bylaw.

Adverse impact means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Alterations of drainage characteristics is any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.

Authorized enforcement agency is the board of public works its employees or agents designated to enforce this bylaw.

Best management practices (BMP) are structural or biological devices that temporarily store or treat stormwater runoff to reduce flooding, remove pollutants, and provide other amenities. They can also be nonstructural practices that reduce pollutants at their source. BMPs are described in a stormwater design manual, Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended) and MA DEP's Erosion Control and Sediment Guidelines for Urban and Suburban Areas (March 1997, as updated or amended).

The board means the Town of Ludlow Board of Public Works.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

Construction activity is disturbance of the ground by removal of vegetative surface cover or topsoil, grading, excavation, clearing or filling.

Clearing is any activity that removes the vegetative surface cover.

Design storm is a rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate to a BMP.

Detention is the temporary storage of storm runoff in a BMP, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.

Development is the modification of land to accommodate a new use or expansion of use, usually involving construction.

Discharge of pollutants means the addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or Commonwealth from any source.

Disturbance of land is any land clearing, grading, bulldozing, digging or similar activities.

Drainage area means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

Drywell is similar to an infiltration trench but smaller with inflow from a pipe; commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftops runoff.

Easement means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

Flow attenuation means prolonging the flow time of runoff to reduce the peak discharge.

Groundwater means all water beneath the surface of the ground.

Hydrology model may include one of the following:

•

TR-20, a watershed hydrology model developed by the Natural Resources Conservation Service that is used to route a design storm hydrograph through a pond;

•

TR-55, or Technical Release 55, Urban Hydrology for Small Watersheds is a publication developed by the Natural Resources Conservation Service to calculate stormwater runoff and an aid in designing detention basins;

•

Hydro cad.

Illicit connection means a surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this bylaw.

Illicit discharge means direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in section D. The term does not include a discharge in compliance with an NPDES storm water discharge permit or a surface water discharge permit, or resulting from fire fighting activities exempted pursuant to section D of this bylaw.

Impervious surfaces are areas such as pavement or rooftops, which prevent the infiltration of water into the soil.

Infiltration is the downward movement of water from the surface to the permeable subsoil.

Infiltration trench is a subsurface stormwater management facility constructed to introduce stormwater to subsoil and trap/remove both suspended solids and particulate pollutants. Trenches are not intended to trap coarse sediments.

Massachusetts Stormwater Management Policy is the policy issued by the department of environmental protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. chapter 131, section 40, and Massachusetts Clean Waters Act G.L. chapter 21, section 23-56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.

Municipal separate storm sewer system (MS4) or municipal storm drain system means the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the town.

National Pollutant Discharge Elimination System (NPDES) storm water permit discharge permit is a permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.

Non-storm water discharge means discharge to the municipal storm drain system not composed entirely of stormwater.

Operation and maintenance plan is a plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.

Outstanding resource waters (ORWs) means waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.

Outfall is the terminus of a storm drain or other stormwater structure where the contents are released.

Peak discharge is the maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.

Permeable soils are soil materials with a sufficiently rapid infiltration rate so as to greatly reduce or eliminate surface and stormwater runoff. These soils are generally classified as NRCS hydrologic soil types A and B.

Person is any individual, group of individuals, association, partnership, corporation, company, business, organization, trust, estate, administrative agency, public or quasi-public corporation or body, the commonwealth or political subdivision thereof.

Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.

Process wastewater is water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.

Redevelopment means development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.

Retention is the holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.

Runoff means rainfall, snowmelt, or irrigation water flowing over the ground surface.

Recharge means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

Start of construction is the first land-disturbing activity associated with a development, including land preparation such as: clearing, grading and filling; installation of streets and walkways; excavation for basements; footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

Stormwater management plan is a plan required as part of the application for a stormwater management permit. See section F, part 8.

Stormwater means storm water runoff, snow melt runoff, and surface water runoff and drainage.

Surface water discharge permit is a permit issued by the department of environmental protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the commonwealth.

Swale is a natural depression or wide shallow ditch used to temporarily store, route, or filter runoff.

TSS means total suspended solids.

Uncontaminated means water containing no pollutants.

Watercourse means a natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

Wastewater means any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

Applicability.

This bylaw shall apply to flows entering the municipally owned storm drainage system.

This bylaw shall apply to all activities that result in disturbance of one or more acres of land that drains to the municipal separate storm sewer system. Except as authorized by the department of public works or its agent, hereafter known as "the board", in a stormwater management permit or as otherwise provided in this bylaw, no person shall perform any activity that results in disturbance of an acre or more of land. Prior to the issuance of any special permit or site plan approval or development permit for any proposed development listed below, a stormwater management permit, or a waiver of the requirement for stormwater management permit, must be approved by the department of public works. No person shall, on or after the effective date of the bylaw, initiate any land clearing, land grading, earth moving or development activities without first complying with this bylaw. The following uses and activities shall require submittal of drainage reports, plans, construction drawings, specifications and as-constructed information in conformance with the requirements of this bylaw:

Multi-family residential developments involving four or more housing units.

Any new commercial, industrial, and institutional structures under the same ownership, with at least 5,000 square feet of gross floor area, and/or 10,000 square feet of impervious surface, or that requires ten or more parking spaces.

Redevelopment or additions to existing commercial, industrial, and institutional uses which result in an additional impervious surface area or gross floor area of greater than 5,000 square feet, or which results in an increase of ten or more parking spaces.

Subdivisions and construction activities of any kind disturbing greater than one acre.

Development or redevelopment involving multiple separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs one or more acres.

Exemptions.

To prevent the adverse impacts of stormwater runoff, the department of public works has developed a set of performance standards that must be met at new development sites. These standards apply to construction activities as described under section C.2. The following activities may be exempt from these stormwater performance standards:

Any agricultural activity which is consistent with an approved soil conservation plan prepared or approved by the Natural Resource Conservation Service;

Any logging which is consistent with a timber management plan approved under the Forest Cutting Practices Act by the state department of environmental management;

Additions or modifications to existing single family structures;

Developments that do not disturb more than one acre of land, provided that they are not part of a larger common development plan; and

Repairs to any stormwater treatment system deemed necessary by the town planning board or department of public works.

Any emergency activity that is immediately necessary for the protection of life, property or the environment, as determined by the town planning board or department of public works.

Stormwater design manual.

A stormwater design manual, Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended) is hereby incorporated by reference as part of this bylaw, and shall furnish additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this bylaw.

This manual includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The manual may be updated and expanded from time to time, based on improvements in engineering, science, monitoring and local maintenance experience, at the discretion of the state department of environmental protection or supplemented by the town planning board. Storm water treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards.

Stormwater management permit procedures and requirements. No land owner or land operator shall receive any of the building, grading, or other land development permits required for land disturbance activities, and no land owner shall commence land disturbance activities, without approval of a stormwater management permit from the department of public works and meeting the requirements of this bylaw.

Application requirements.

Application for approval of a stormwater management permit shall include the following:

A stormwater management plan or an application for waiver shall be submitted to the department of public works for review and a approval for any proposed development specified in section C.2. Two copies of the application and stormwater management plan shall be submitted, and clearly labeled. The plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The plan shall serve as the basis for all subsequent construction.

An erosion and sediment control plan, which shall contain sufficient information to describe the nature and purpose of the proposed development.

An ongoing maintenance agreement.

A non-refundable permit review fee. See separate fee schedule.

The applicant may request, and the department of public works may grant, a waiver from any information requirements or fee it judges to be unnecessary to the review of a particular plan.

Application for waiver of stormwater permit.

Each application for waiver of stormwater permit shall be submitted to the department of public works accompanied by two copies of a site plan prepared by a registered land surveyor and registered professional engineer.

Approval of the application for waiver of the stormwater permit will be endorsed on the application.

If the department of public works denies the application for waiver of stormwater permit, the procedure for application for stormwater permit must be followed.

The waiver may be rescinded by the department of public works or its designates upon the recommendation of the DPW director, town engineer, building inspector, or conservation commission if during construction it is found that construction activities generates intolerable circumstances affecting the municipal stormwater system, adjacent properties, or adjacent water bodies. This issuance of any waiver may only be granted for sites disturbing less than one acre, which are not part of a greater development that disturb more than one acre and do not affect the municipal stormwater system or flow into territorial waters of the United States.

Procedures for review and approval of stormwater permits.

The procedures for review and approval of stormwater management plans shall be consistent with section F, part 4, criteria for review of stormwater management permits, and section F, part 5, department of public works action, as appropriate to the use.

The department of public works shall have seven days from the receipt of the application to review for administrative completeness.

The department of public works shall take final action within 21 days of the receipt of a completed application unless such time is extended by agreement between the applicant and the department of public works. The 21 days shall include the seven-day administrative completeness review period for applications found to be complete.

Criteria for review of stormwater permits. In addition to other criteria used by the department of public works in making permit decisions, for the uses specified in this bylaw, the department of public works must also find that the stormwater management plan submitted with the permit application meets the following criteria:

The stormwater management plan and the erosion and sediment control plan are consistent with the purposes and objectives of this bylaw in section A.

The stormwater management plan meets the performance standards described in section H.

The erosion and sediment control plan must meet the design requirements in section I.

Board action. The department of public works action, rendered in writing, shall consist of either:

Approval of the stormwater management permit application based upon determination that the proposed plan meets the purposes in section A and the standards in section F and will adequately protect the water resources of the community and is in compliance with the requirement set forth in this bylaw.

Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the board which will ensure that the project meets the purposes in section A and the standards in section F and adequately protects water resources set forth in this bylaw.

Disapproval of the stormwater management permit application based upon a determination that the proposed plan as submitted does not meet the purposes in section A and the standards in section H or adequately protect water resources as set forth in this bylaw.

Failure of the department of public works to take final action upon an application within the time specified above shall be deemed to be approval of said application and shall authorize the applicant to proceed in accordance with the plans filed unless such time is extended by agreement between the applicant and the department of public works.

Inspections. No plan will be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the department of public works or other agents designated by the department of public works for scheduling the following inspections:

Initial inspection—Prior to approval of any plan.

Erosion control inspections—After site clearing, rough grading and final grading to ensure erosion control practices are in accord with the plan.

Bury inspection—Prior to backfilling of any underground drainage or stormwater conveyance structures.

Final inspection—When all work including construction of stormwater managements facilities and landscaping have been completed.

The department of public works or other agents shall inspect the work and either approve it or notify the department of public works and applicant in writing in what respects there has been a failure to comply with the requirements of the approved plan. The applicant shall promptly correct any portion of the work which does not comply or the applicant will be subject to the bonding provisions of section K or the penalty provisions of section L. The town may conduct additional inspections as needed to ensure effective control of erosion and sedimentation during all phases of construction.

Right of entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system or sanitary sewer, the filing of an application shall be deemed as the property owner's permission to the town for the right to enter the property at reasonable times and in a reasonable manner for the purpose of the inspection.

Application review fees. The fee for review of any stormwater permit application shall be based on the amount of land to be disturbed at the site and the fee structure established by the board of public works.

Stormwater management and erosion control plan.

Plan requirements. The application for a stormwater management permit shall consist of submittal of a stormwater management and erosion control plan, prepared by a professional engineer licensed by the commonwealth, which meets the design requirements provided by this bylaw. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources; and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The plan must be designed to meet the Massachusetts Stormwater Management Standards as set forth in this bylaw and the DEP Stormwater Management Handbook Volumes I and II. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. The minimum information submitted for support of a stormwater management plan shall be as follows:

A locus map.

The existing zoning and land use at the site.

The proposed land use.

The location(s) of existing and proposed easements.

The location of existing and proposed utilities.

The site's existing and proposed topography with contours at two-foot intervals.

The existing site hydrology.

A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.

A delineation of 100-year flood plains, if applicable.

10.

Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration.

11.

The existing and proposed vegetation and ground surfaces with runoff coefficient for each.

12.

A drainage area map showing pre and post construction watershed boundaries, drainage area and stormwater flow paths.

13.

A description and drawings of all components of the proposed drainage system including:

(a)

Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;

(b)

All measures for the detention, retention or infiltration of water;

(c)

All measures for the protection of water quality;

(d)

The structural details for all components of the proposed drainage systems and stormwater management facilities;

(e)

Notes on drawings specifying materials to be used, construction specifications, and typicals;

(f)

Typical hydrology with supporting calculations;

(g)

Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;

(h)

A description of construction and waste materials expected to be stored on-site, and 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;

(i)

Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization; and

(j)

A maintenance schedule for the period of construction.

Specific design criteria. Additional policy, criteria, and information including specifications and design standards may be found in the stormwater design manual.

Infiltration systems.

(a)

Infiltration systems shall be equipped with clean stone and or filter fabric adjacent to the soil or other sediment removal mechanisms;

(b)

Infiltration systems greater than three feet deep shall be located at least ten feet from basement walls;

(c)

Due to the potential for groundwater contamination from dry wells, they shall not be an acceptable method for management runoff containing pollutants;

(d)

Infiltration systems designed to handle runoff from commercial or industrial impervious parking areas shall be a minimum of 100 feet from any drinking water supply well;

(e)

Infiltration systems shall not be used as sediment control basins during construction unless specific plans are included to restore or improve the basin surface;

(f)

Infiltration basins shall be constructed with a three-foot minimum separation between the bottom of the structure and the seasonal high groundwater elevation, as determined by a certified soil evaluator; and

(g)

Provisions shall be made for safe overflow passage, in the event of a storm which exceeds the capacity of an infiltration system.

Retention and detention ponds shall be designed and constructed in accordance with the criteria of the Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended).

The applicant shall give consideration in any plan to incorporating the use of natural topography and land cover such as natural swales, and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water.

The department of public works shall give preference to the use of swales in place of the traditional use of curbs and gutters based on a case by case review of stormwater management plans.

The applicant shall consider public safety in the design of any stormwater facilities. The banks of detention, retention, and infiltration basins shall be sloped at a gentle grade into the water as a safeguard against personal injury, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore. Basins shall have a 4:1 slope to a depth of two feet below the control elevation. Side slopes must be stabilized and planted with vegetation to prevent erosion and provide pollutant removal. The banks of detention and retention areas shall be designed with sinuous rather than straight shorelines so that the length of the shoreline is maximized, thus offering more space for the growth of vegetation. All detention and retention basins must be fenced in.

Where a stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any such rights.

All applicants for projects which involve the storage or use of hazardous chemicals shall incorporate handling and storage "best management practices" that prevent such chemicals from contaminating runoff discharged from a site into infiltration systems, receiving water bodies or storm drains, and shall include a list of such chemicals in the application.

Runoff from parking lots shall be treated by oil and water separators or other controls to remove oil and sediment;

The basis design criteria methodologies, and construction specifications, subject to the approval the planning board and town engineer, shall be those generally found in the most current edition of the Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended) and in MA DEP's Erosion Control and Sediment Guidelines for Urban and Suburban Areas (March 1997, as updated or amended).

Design requirements for erosion and sediment control plan.

The design requirements of the erosion and sediment control plan are:

Minimize total area of disturbance.

Sequence activities to minimize simultaneous areas of disturbance.

Minimize peak rate of runoff in accordance with the MA DEP stormwater policy.

Minimize soil erosion and control sedimentation during construction. Prevention of erosion is preferred over sedimentation control.

Divert uncontaminated water around disturbed areas.

Maximize groundwater recharge.

Install and maintain all erosion and sediment control measures in accordance with the manufacturer's specifications and good engineering practices.

Prevent off-site transport of sediment from the time of initial site disturbance forward.

Protect and manage on and off-site material storage areas (overburden and stockpiles of dirt, materials, borrow areas, or other areas used solely by the permitted project are considered a part of the project).

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.

Prevent adverse impact from the proposed activities to 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.

Institute interim and permanent stabilization measures. The measures 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.

Properly manage on-site construction and waste materials.

Prevent off-site vehicle tracking of sediments.

Reserved.

10.

Stormwater management performance standards.

Minimum control requirements. Projects must meet the standards of the Massachusetts Stormwater Management Policy. These standards are:

No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the commonwealth.

Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates.

Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types.

For new development, stormwater management systems must be designed to remove 80 percent of the average annual load (post development conditions) of total suspended solids (TSS). It is presumed that this standard is met when:

(a)

Suitable nonstructural practices for source control and pollution prevention are implemented;

(b)

Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and

(c)

Stormwater management BMPs are maintained as designed.

Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited.

Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater management Volume I: Stormwater Policy Handbook). Critical areas are outstanding resource waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies.

Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable.

However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.

Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.

All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.

When the proposed discharge may have an impact upon a sensitive receptor, including water bodies and wetlands, storm sewers and/or combined sewers, the department of public works may require an increase in these minimum requirements, based on existing water quality conditions and/or stormwater system capacity.

Stormwater management measures.

Stormwater management measures shall be required to satisfy the minimum control requirements and shall be according to the following order of preference:

(a)

Infiltration, flow attenuation, and pollutant removal of runoff on-site to existing areas with grass, trees, and similar vegetation and through the use of open vegetated swales and natural depressions;

(b)

Use of stormwater on-site to replace water used in industrial processes or for irrigation;

(c)

Stormwater detention structures for the temporary storage of runoff which is designed so as not to create a permanent pool of water; and

(d)

Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water.

(e)

Retention and evaporation of stormwater on rooftops or in parking lots.

Infiltration practices shall be utilized to reduce runoff volume increases. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each practice based on site conditions.

Best management practices shall be employed to minimize pollutants in stormwater runoff prior to discharge into a storm drainage system or water body.

All stormwater management facilities shall be designed to provide an emergency overflow system, and incorporate measures to provide a non-erosive velocity of flow along its length and at any outfall.

The designed release rate of any stormwater structure shall be modified if any increase in flooding or stream channel erosion would result at a downstream dam, highway, structure, or normal point of restricted stream flow.

Discharges to the municipal storm drain system.

Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the commonwealth.

Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

Obstruction of municipal storm drain system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the department of public works.

Exemptions. The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:

Discharge or flow resulting from fire fighting activities;

Waterline flushing;

Flow from potable water sources;

Springs;

Natural flow from riparian habitats and wetlands;

Diverted stream flow;

Rising groundwater;

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundations or pipelines), crawl space pumps, or air conditioning condensation;

Discharge from landscape irrigation or lawn watering;

Water from individual residential car washing and temporary fund-raising car wash events;

Discharge from dechlorinated swimming pool water provided the water is allowed to stand for one week prior to draining or tested for chlorine levels with a pool test kit prior to draining (less than one ppm chlorine)and the pool is drained in such a way as not to cause a nuisance;

Discharges from street sweepers of minor amounts of water during operation;

Dye testing, provided verbal notification is given to the department of public works prior to the time of the test;

Non-stormwater discharge permitted under an NPDES permit or a surface water discharge permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and

Discharge for which advanced written approval is received from the department of public works as necessary to protect public health, safety, welfare or the environment.

Emergency suspension of storm drainage system access.

The department of public works, board of health, conservation commission, fire department, police department or building department may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

Any person discharging to a municipal storm drain system in violation of this bylaw may have their municipal storm drain system access terminated if such a termination would abate or reduce an illicit discharge. The department of public works will notify a violator of the proposed termination of municipal storm drain access. The violator may petition the department of public works for reconsideration and hearing. A person commits an offense if the person reinstates municipal storm drain system access to premises terminated pursuant to this section, without prior approval from the department of public works.

Notification of spills. Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the commonwealth, the person shall take all necessary steps to ensure containment, and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the town fire, police, health, and public works departments. In the event of a release of non-hazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the authorized enforcement agency written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

Maintenance.

Operation, maintenance and inspection agreement.

Prior to issuance of any building permit for which stormwater management is required, the department of public works shall require the applicant or owner to execute an operation, maintenance and inspection agreement binding on all subsequent owners of land served by the private stormwater management facility. The agreement shall be designed to ensure that water quality standards are met in all seasons and throughout the life of the system. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the town or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provision established. The agreement shall include:

The name(s) of the owner(s) for all components of the system.

Maintenance agreements that specify:

The names and addresses of the person(s) responsible for operation and maintenance.

The person(s) responsible for financing maintenance and emergency repairs.

A maintenance schedule for all drainage structures, including swales and ponds.

A list of easements with the purpose and location of each.

The signature(s) of the owner(s).

Stormwater management easements as necessary for:

Access for facility inspections and maintenance.

Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event.

Direct maintenance access by heavy equipment to structures requiring regular cleanout.

Stormwater management easement requirements:

The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the town.

Easements shall be recorded with the registry of deeds prior to issuance of a certificate of completion.

Changes to operation and maintenance plans:

[b.]

The owner(s) of the stormwater management system must notify the planning board of changes in ownership or assignment of financial responsibility.

[c.]

The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this bylaw by mutual agreement of the planning board and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties must include owner(s), persons with financial responsibility, and persons with operational responsibility.

[d.]

Prior to the release of the bond and/or granting certificate of occupancy, this agreement shall be recorded by the applicant and/or owner in the land records of the registry of deeds.

[e.]

The agreement shall also provide that if after notice by the town engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the department of public works may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties.

Maintenance responsibility.

The owner of the property on which work has been done pursuant to this bylaw for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall be legally responsible to perform the maintenance. This maintenance schedule shall be printed on the stormwater management plan.

Records of installation and maintenance shall be maintained by the property owner and shall be made available to town officials by request. These records shall be stored by the property owner for a period of five years.

Failure to maintain practices any stormwater management facility shall be subject to the enforcement and penalties identified in section L herein.

Performance bond. The department of public works shall require from the developer a surety or cash bond, or other means of security acceptable to the department of public works prior to the issuance of any building permit for the construction of all uses and activities listed in section C of this bylaw requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this bylaw and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the town engineer, submission of "as-built" plans, and certification of completion by the department of public works of the stormwater management facilities being in compliance with the approved plan and the provisions of this bylaw and proof that the operation and maintenance agreement has been recorded in land records at the registry of deeds.

Enforcement and penalties.

Authority. The department of public works or an authorized agent of the department of public works shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Violations.

Any development activity, as specified in section C of this bylaw, that has commenced or is conducted contrary to this bylaw may be restrained by injunction or otherwise abated in a manner provided by law.

The department of public works or an authorized agent of the department of public works may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include:

(a)

Elimination of illicit connections or discharges to the MS4;

(b)

Performance of monitoring, analyses, and reporting;

(c)

That unlawful discharges, practices, or operations shall cease and desist; and

(d)

Remediation of contamination in connection therewith.

Notice of violation. When the department of public works determines that an activity is not being carried out in accordance with the requirements of this bylaw it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

The name and address of the owner applicant;

The address when available or the description of the building, structure, or land upon which the violation is occurring;

A statement specifying the nature of the violation;

A description of the remedial measures necessary to bring the development activity into compliance with this bylaw and a time schedule for the completion of such remedial action;

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

Stop work orders. Persons receiving a notice of violations will be required to halt all construction activities. This "stop work order" will be in effect until the department of public works confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this bylaw.

Orders.

If the enforcing person determines that abatement or remediation of contamination 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 may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

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 department of public works 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 department of public works affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs be recovered by the town through the procedure specified in M.G.L. chapter 40, section 58.

[5.]

Criminal and civil penalties. Any person who violates any provision of this bylaw, valid regulation, or the terms or conditions in any permit or order prescribed or issued there under, shall be subject to a fine not to exceed $300.00 for each day such violation occurs or continues, or subject to a civil penalty which may be assessed in an action brought on behalf of the town in any court of competent jurisdiction.

[6.]

Non-criminal disposition. As an alternative to criminal prosecution or civil action, the town may elect to utilize the non-criminal disposition procedure set forth in the town bylaws. The department of public works shall be the enforcing entity. The penalty for the first violation shall be $100.00. The penalty for the second violation shall be $200.00. The penalty for the third and subsequent violations shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

[7.]

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the department of public works take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Transitional provisions. Residential property owners shall comply with this section G of this bylaw on such a schedule set forth by the board of public works compliance order, but such property owners shall in no case have more than six months from the effective date of the bylaw to comply with its provisions, unless good cause is shown for the failure to comply with the bylaw during that period.

Severability. The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.