HomeMy WebLinkAbout2009 ATM-CERTIFIED VOTE-ARTICLE 44-AMEND GENERAL BYLAW-NEW CHAPTER 160-STORMWATER OF NORT1l q
`At�EO e ti0
p
04Are•W°"yq9
9SSACHUSEt
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail Bradshaw(dtownofnorthandover.com
This is to certify that the following vote was taken on Article 44 at the
Dissolved 2009 Annual Town Meeting held May 12, 2009 and May 13, 2009:
Article 44. Amend North Andover General Bylaw, New Chapter, Chapter 160,
Stormwater Management & Erosion Control Bylaw. UNANIMOUS VOTE to
amend the Town of North Andover General Bylaws by adding a new Chapter, Chapter
160, Stormwater Management& Erosion Control Bylaw.
Chapter 160 to read as follows:
Chapter 160
Stormwater Management & Erosion Control Bylaw
160-1. Purpose
A. Increased volumes of stormwater, contaminated stormwater runoff from
impervious surfaces, and soil erosion and sedimentation are major causes of
1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and
groundwater.
2. decreased flow in lakes, ponds, streams, rivers, wetlands and groundwater;
3. contamination of drinking water supplies;
4. erosion of stream channels;
5. alteration or destruction of aquatic and wildlife habitat;
6. flooding; and,
7. overloading or clogging of municipal and private catch basins and storm
drainage systems; and
8. flooding and erosion on abutting properties.
The United States Environmental Protection Agency has identified sedimentation
from land disturbance activities and polluted stormwater runoff from land
development and redevelopment as major sources of water pollution, impacting
drinking water supplies, natural habitats, and recreational resources. Regulation of
activities that result in the disturbance of land and the creation of stormwater runoff is
necessary for the protection of the Town of North Andover water bodies and
groundwater resources, to safeguard the health, safety, and welfare of the general
public and protect the natural resources of the Town.
B. The objectives of this Bylaw are to:
1. Protect water resources;
2. Require practices that eliminate soil erosion and sedimentation;
3. Control the volume and rate of stormwater runoff resulting from land
disturbance activities in order to minimize potential impacts of flooding;
4. Require practices to manage and treat stormwater runoff generated from new
development and redevelopment;
5. Protect groundwater and surface water from degradation or depletion;
6. Promote infiltration and the recharge of groundwater;
7. Prevent pollutants from entering the municipal and private storm drain
system;
8. Prevent flooding and erosion to abutting properties.
9. Ensure that soil erosion and sedimentation control measures and stormwater
runoff management practices are incorporated into the site planning and
design process and are implemented and maintained;
10. Ensure adequate long-term operation and maintenance of stormwater best
management practices;
11. Require practices to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at construction
sites that may cause adverse impacts to water quality;
12. Comply with state and federal statutes and regulations relating to stormwater
discharges; and
13. Establish the legal authority of the Town of North Andover to ensure
compliance with the provisions of this Bylaw through inspection, monitoring
and enforcement.
160-2 Definitions
ABUTTER: The owner(s) of land abutting the land disturbance site.
AGRICULTURE: The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection Act
(M.G.L. c. 131 § 40) and its implementing regulations (3 10 CMR 10.00).
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area
of land that changes the water quality, or the force, quantity, direction, timing or
location of runoff flowing from the area. Such changes include, but are not limited to:
change from distributed runoff to confined, concentrated 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.
APPLICANT: Shall be the owner of record of all of the land shown on any plan
submitted for approval to the Planning Board in accordance with the Stormwater
Management Bylaw and Regulations, any person or persons acting on behalf of the
applicant for purposes of preparing and submitting plans and documents to the
Planning Board, and may include engineers, surveyors, contractors or attorneys, and
may also include any person or persons having an equitable interest in the land under
an agreement or option to purchase the land. The owner shall certify in writing the
identity of each applicant who is authorized to submit plans and/or documents and act
on behalf of the owner. Without such certification an applicant shall not act on behalf
of the owner. The applicant shall submit the title reference or references from the
Essex County Registry of Deeds indicating the owner of record. All applications shall
include original signatures of all owners.
BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or
structural improvement that helps to reduce the quantity or improve the quality of
stormwater runoff
CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or
construction site materials that may adversely impact water quality, including but not
limited to concrete truck washout, chemicals, litter and sanitary waste.
CLEARING: Any activity that removes the vegetative surface cover and/or organic
layer. Clearing activities generally include grubbing activity as defined below.
DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater
Regulations authorized under this bylaw.
DETENTION: The temporary storage of storm runoff, used to control the peak
discharge rates, and which provides settling of pollutants.
DEVELOPMENT: The modification of land to accommodate a new use or
expansion of use, usually involving construction.
DISTURBANCE OF LAND: Any action, including clearing and grubbing, that
causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or
similar earth material.
ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained
professional approved by the Planning Board and retained by the holder of a Land
Disturbance Permit to periodically inspect the work and report to the Planning Board.
EROSION: The wearing away of the land surface by natural or artificial forces such
as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and
transportation of soil particles.
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL
POOLS: Habitats delineated for state-protected rare wildlife and certified vernal
pools for use with the Wetlands Protection Act Regulations (3 10 CMR 10.00) and the
Forest Cutting Practices Act Regulations (304 CMR 11.00).
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTION: A surface or subsurface drain or conveyance which
allows an illicit discharge into the North Andover storm drain system, regardless of
whether said connection was previously allowed, permitted or approved before the
effective date of this Bylaw.
ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm
drain system that is not composed entirely of stormwater, including without limitation
sewage, process wastewater, or wash water, except as exempted in 160-4(D) of this
Bylaw or in implementing regulations.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that
limits water infiltrating the underlying soil. Impervious surface includes without
limitation: roads, paved parking lots, sidewalks, sports courts and rooftops.
Impervious surface also includes soils, gravel driveways, and similar surfaces with a
runoff coefficient (Rational Method) greater than 85.
LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity,
including clearing and grubbing, that causes a change in the position or location of
soil, sand, rock, gravel, or similar earth material.
LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board.
LOT: An area of land in one ownership, with definite boundaries, used, or available
for use, as the site of one or more buildings
LOW IMPACT DEVELOPMENT (LID): An approach to environmentally
friendly land use planning and stormwater management that includes a suite of
landscaping and design techniques that attempt to maintain the natural, pre-developed
ability of a site to manage rainfall. LID techniques typically preserve natural
drainage characteristics and/or capture water on site, filter it through vegetation, and
let it soak into the ground where it can recharge the local water table rather than
becoming surface runoff
MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its
implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare
plant or animal species listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy
issued by the Department of Environmental Protection, as amended, that coordinates
the requirements prescribed by state regulations promulgated under the authority of
the Massachusetts Wetlands Protection Act MGL c. 131 s. 40 and the Massachusetts
Clean Waters Act MGL c. 21, ss. 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 STORM DRAIN SYSTEM or MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4): 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 manmade or altered drainage channel, reservoir, and other drainage
structure that together comprise the storm drainage system owned or operated by the
Town of North Andover.
OPERATION AND MAINTENANCE PLAN: A plan developed by a
Massachusetts licensed professional engineer (PE) describing the functional, financial
and organizational mechanisms for the ongoing operation and maintenance of a
stormwater management system to ensure that it continues to function as designed.
OUTFALL: The point at which stormwater flows out from a discernible, confined
point source or concentrated conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs): 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.
OWNER: Shall be the owner of record of all the land shown on any plan submitted.
The owner shall submit the title reference or references from the Essex County
Registry of Deeds (or Registry District of the Land Court if the land constitutes
registered land) indicating the owner of record.
PERMITTEE: The person who holds a land disturbance permit and therefore bears
the responsibilities and enjoys the privileges conferred thereby.
PERSON: An individual, partnership, association, firm, company, trust, corporation,
agency, authority, department or political subdivision of the Commonwealth or the
federal government, to the extent permitted by law, and any officer, employee, or
agent of such person.
PLANNING BOARD: The designees authorized to implement all actions and
procedures authorized by the Bylaw. The Planning Board may, by majority vote at a
public meeting, delegate any of the responsibilities for the administration of this
Bylaw to the Town Planner.
POINT SOURCE: Any discernible, confined, and concentrated conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
concentrated fissure, or container from which pollutants are or may be discharged.
PRE-CONSTRUCTION: All activity in preparation for construction.
PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and
animal populations protected pursuant to the Massachusetts Endangered Species Act
and its regulations.
PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM
SEWER SYSTEM: The system of conveyances designed or used for collecting or
conveying stormwater, including any road with a drainage system, street, gutter, curb,
inlet, piped storm drain, pumping facility, retention or detention basin, natural or
man-made or altered drainage channel, reservoir, and other drainage structure that
together comprise the storm drainage system that is not owned and maintained by the
Town.
RECHARGE: Addition of stormwater runoff to the groundwater by natural or
artificial means.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition or
phased projects that disturb the ground surface or increase the impervious area on
previously developed sites.
RESPONSIBLE PARTIES: The Applicant, Owner(s), persons with financial
responsibility, and persons with operational responsibility.
RETENTION: The holding of stormwater runoff in a basin without release except
by means of evaporation, infiltration, or emergency bypass.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water
from its origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: Any lot or parcel of land or area of property where land-disturbing activities
are, were, or will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to
vertical distance.
SOIL: Earth materials including duff, humic materials, sand, rock and gravel.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or
vegetative methods, to prevent or retard erosion.
STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and
drainage.
STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document
containing narrative, drawings and details prepared by a Massachusetts licensed
qualified professional engineer (PE) which includes structural and non-structural best
management practices to manage and treat stormwater runoff generated from
regulated development activity. A stormwater management plan also includes an
Operation and Maintenance Plan describing the maintenance requirements for
structural best management practices.
STRIP: Any activity which removes the vegetative ground surface cover, including
tree removal, clearing, grubbing, and storage or removal of topsoil.
TSS: Total Suspended Solids. Material, including but not limited to trash, debris,
soils, sediment and sand suspended in stormwater runoff
VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not
support breeding populations of fish, because of periodic drying. Vernal Pools serve
as breeding sites for unique organisms and may be protected by state, local and
federal laws. Specifically Vernal Pools are isolated depressions or closed basins
which temporarily confine water during periods of high water table and high input
from spring runoff or snowmelt or heavy precipitation, and support populations of
non-transient microorganisms, serve as breeding habitat for select species of
amphibians or contain a variety of wetland plant species. They serve as temporarily
flooded amphibian breeding habitat, as well as habitat for other wildlife. These pools
are characteristically small; they rarely exceed 150 feet in width, however a given
pool may vary in size from year to year depending on the amount of rainfall or
snowmelt. In the absence of those habitat functions, the areas will be considered
isolated vegetated wetlands. The existence of either a confined basin depression;
evidence of amphibian and/or reptiles species that breed only in vernal pools; the
presence of fairy shrimp or their eggs; or documented presence of water in a confined
basin depression for at least two continuous months in the spring and/or summer will
verify the existence of a vernal pool.
WATERCOURSE: A natural or man-made channel through which water flows,
including a river, brook, or stream.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands
Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in
the Town of North Andover Wetland Protection By-law and Regulations. Wetlands
include: wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or
standing surface water or ice provide a significant part of the supporting substrate for
a plant community for at least five months of the year; emergent and submergent
communities in inland waters; that portion of any bank which touches any inland
water.
160-3. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations
of the Federal Clean Water Act found at 40 CFR 122.34.
160-4 Applicability
Except as permitted by the Planning Board in a land disturbance permit or as
otherwise provided in this Bylaw, no person shall perform any land disturbance
involving disturbance of 43,560 square feet or more of land.
A. Regulated Activities. Regulated activities shall include:
1. Land disturbance of 43,560 square feet or more of land associated with
construction or reconstruction of structures,
2. 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 43,560 square
feet or more of land,
3. Paving or other change in surface material over an area of 43,560 square feet
or more of land,
4. Construction of a new drainage system or alteration of an existing drainage
system or conveyance draining an area of 43,560 square feet or more of land,
5. No person may create or maintain a direct connection or discharge to the MS4
without a Connection and Discharge Permit from the Department of Public
Works.
6. Any other activity, on an area of land of 43,560 square feet or more, that
changes the water quality, or the force, quantity, direction, timing or location
of runoff flowing from the area. Such changes include, but are not limited to:
change from distributed runoff to confined, concentrated 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.
7. The Town of North Andover is not exempt from the provisions of this Bylaw.
B. Exempt Activities. The following activities are exempt from the requirements of
this Bylaw:
1. Normal maintenance and improvement of Town owned public or maintained
ways and appurtenances to the public or maintained ways.
2. Normal maintenance and improvement of land in agricultural use.
3. Repair of septic systems when required by the Board of Health for the
protection of public health.
4. Normal maintenance of currently existing landscaping, gardens or lawn areas
associated with a single-family or two-family dwelling.
5. Activities for which the North Andover Conservation Commission and/or
Massachusetts Department of Environmental Protection has issued an Order
of Conditions under the Massachusetts Wetlands Protection Act M.G.L. c.
131, s.40 and Regulations promulgated thereunder and/or the Town of North
Andover Wetland Protection By-law and Regulations.
6. Activities for which the North Andover Planning Board has issued an
approval pursuant to a Special Permit (including Site Plan Review) as well as
Definitive Subdivision Approval pursuant to the North Andover Planning
Board Rules and Regulations Governing the Subdivision of Land.
7. Activities for which the North Andover Zoning Board of Appeals (ZBA) has
issued a Comprehensive Permit pursuant to M.G.L Chapter 40B.
8. Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective date of this
Bylaw.
C. Prohibited Activities. The following activities are prohibited under this Bylaw:
i.Illicit Discharges. No person shall dump, discharge, cause or allow to be
discharged any pollutant or non-stormwater discharge into the MS4, into a
watercourse, or into the waters of the Commonwealth.
ii.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.
iii.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.
D. Allowable Non-Stormwater Discharges. The following activities are allowed
without the need for consultation with the Planning Board:
1. Discharge or flow resulting from fire fighting activities
2. Waterline flushing
3. Flow from potable water sources
4. Springs
5. Natural flow from riparian habitats and wetlands
6. Diverted stream flow
7. Rising groundwater
8. Uncontaminated groundwater infiltration as defined in CFR 35.2005(20), or
uncontaminated pumped groundwater
9. Water from exterior foundation drains, footing drains (not including active
groundwater dewatering systems), crawl space pumps, or air conditioning
condensation
10. Discharge from landscape irrigation or lawn watering
11. Water from individual residential car washing
12. Discharge from dechlorinated swimming pool water (less than one ppm
chlorine) provided the water is allowed to stand one week prior to draining
and the pool is drained in such a way as not to cause a nuisance
13. Discharge from street sweeping
14. Dye testing, provided verbal notification is given to the Department of Public
Works prior to the time of the test
15. Non-stormwater discharge permitted under a NPDES permit or a Surface
Water Discharge permit or a Surface Water Discharge Permit, waiver, or
waste discharge order administered under the authority of the United States
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
16. 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.
160-5. Administration
A. The primary authority for the administration, implementation, and enforcement of
section 160-4 shall lie with the Planning Board.
B. The Planning Board and its agents shall review all applications for a land
disturbance permit, conduct inspections, issue a final permit and conduct any
necessary enforcement action.
C. If not already required by another permitting agency, the Planning Board may
retain at the applicant's expense, independent consultants as needed to advise the
Committee on any and all aspects of a specified project. The Planning Board will
accept the findings of any previous outside environmental review. Independent
consultants may include but are not limited to Registered Professional Engineers
and Environmental Site Monitors.
D. The Planning Board may adopt and periodically amend Stormwater Regulations
relating to Land Disturbance Permits, exemption or waiver applications; permit
terms or conditions, Design Criteria, additional definitions, enforcement, fees
(including application, inspection, and/or consultant fees), or other procedures and
administration of this Bylaw 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 fourteen (14) days before the
hearing date, and a draft of the regulations proposed to be adopted shall be
available to the public, including posting on the Town's website, by the date on
which such advertisement is published in said newspaper. After public notice and
hearing, the Planning Board may promulgate rules and regulations to effectuate
the purposes of this Bylaw. Failure by the Planning Board to promulgate such
rules and regulations shall not have the effect of suspending or invalidating this
Bylaw.
E. The Planning Board will refer to the policy, criteria and information including
specifications and standards of the latest edition of the Massachusetts Stormwater
Management Policy or with Design Criteria as described in North Andover's
Subdivision Regulations, whichever is more stringent in the protection of the
town's environmental and infrastructure resources, for execution of the provisions
of this Bylaw.
F. All meetings of the Planning Board are subject to the Open Meeting Law. Unless
already reviewed by another permitting authority, a notice in the local newspaper
of a hearing on the Land Disturbance Application and that the Planning Board is
accepting comments on the Land Disturbance Application shall be published at
the applicant's expense, at least five (5) business days before the hearing date.
The Land Disturbance Application shall be available for inspection by the public
during normal business hours at the Town offices. Comments may be submitted
to the Planning Board during business hours at the Town offices.
G. The Planning Board or its agent shall have the authority, with prior approval from
the property owner, or pursuant to court process, to enter upon privately owned
land for the purpose of performing their duties under this Bylaw.
H. The Planning Board will accept the findings of any project previously review by
Conservation or Planning for stormwater effects.
I. The Planning Board may:
i. Approve the Application and issue a permit if it finds that the proposed
plan will protect water resources and meets the objectives and
requirements of this Bylaw;
ii. Approve the Application and issue a permit with conditions,
modifications, requirements for operation and maintenance requirements
of permanent structural BMPs, designation of responsible party, or
restrictions that the Planning Board determines are required to ensure that
the project will protect water resources and will meet the objectives and
requirements of this Bylaw; or
iii. Disapprove the application and deny a permit if it finds that the proposed
plan fails to meet the objectives and requirements of this Bylaw and its
Regulations. If the Planning Board finds that the applicant has submitted
insufficient information to describe the site, the work, or the effect of the
work on water quality and runoff volume, the Planning Board may
disapprove the application, denying a permit.
J. The Planning Board shall take final action on an Application within 60 days of
receipt of a complete application. If, in the Planning Board's opinion, additional
time or information is required for review, the Planning Board by written
agreement of the applicant may continue a consideration of the request to a date
certain announced at the meeting.
K. Failure to take action within the time provided by this Bylaw shall be deemed to
be approval of said application. Upon certification by the Town Clerk that the
allowed time has passed without the Planning Board's action, the Land
Disturbance Permit shall be issued by the Planning Board.
L. Appeals of Action by the Planning Board. A written decision of the Planning
Board shall be final when it is executed by the Planning Board or its chair or
acting chair and filed in the Town Clerk's office. Further relief of a decision by
the Planning Board made under this Bylaw shall be reviewable in the Superior
Court or Land Court in accordance with applicable law. Appeal action shall be
filed within 60 days of issuance in accordance with M.G.L. Ch 249 § 4. The
remedies listed in this Bylaw are not exclusive of any other remedies available
under any applicable federal, state or local law. No work shall commence until the
applicable appeal period has passed with no appeal or if an appeal has been filed,
the appeal has been finally resolved by adjudication or otherwise.
M. All activity, exclusive of maintenance required in perpetuity, permitted by the
Land Disturbance Permit must be completed within two years of permit issuance.
Extensions of time can be granted by the Planning Board upon formal written
request by the applicant. Upon the expiration of one year from the date of permit
issuance if an extension has not been granted the permit shall be considered to be
revoked.
N. The Stormwater Management Permit shall be recorded at the Essex North District
Registry of Deeds at the Applicant's expense and proof of recording provided to
the Planning Board prior to the commencement of any work under the Permit.
O. The Planning Board will issue a Certificate of Completion upon receipt and
approval of final reports and documentation as outlined in the Regulations and/or
upon otherwise determining that all work of the permit has been satisfactorily
completed in accordance with this Bylaw. The Certificate of Completion shall be
recorded at the Essex North District Registry of Deeds (or Registry of District of
the Land Court, if registered land) at the applicant's expense and proof of
recording provided to the Planning Board.
160-6. Permits & Procedures
Permit Procedures and Requirements shall be defined and included as part of any
rules and regulations promulgated as permitted under Section 5 of this Bylaw.
160-7. Fees
The Planning Board shall establish fees, subject to approval of the Board of
Selectmen, to cover expenses connected with application review and monitoring
permit compliance. The fees shall be sufficient to cover Town secretarial staff and
professional staff and any such other direct and indirect costs to the Town of
processing and receiving the applications. Provided that a revolving fund is
established by the Town in accordance with the provisions of M.G.L. Chapter 44,
Section 530/2, the Planning Board is also authorized to collect fees from the applicant
in amounts sufficient to pay a Registered Professional Engineer and such other
professional consultants as the Planning Board requires to advise the Planning Board
on any and all aspects of the project. The fees for such professional engineers and
consultants shall be paid to the Town for deposit into the revolving fund.
160-8. Surety
Unless otherwise posted with the town as a separate "site opening bond" specifically
dedicated to the compliance with the intent of this by-law, the Planning Board may
require the applicant to post before the start of land disturbance activity, a surety
bond, or other acceptable security. The form of the bond shall be approved by the
Planning Board, and be in an amount deemed sufficient by the Planning Board to
insure that the work will be completed in accordance with the permit. If the project is
phased, the Planning Board may release part of the bond as each phase is completed
in compliance with the permit but the bond may not be fully released until the
Planning Board has issued a certificate of completion.
160-9. Waivers
A. The Planning Board may waive strict compliance with any requirement of this by-
law or the rules and regulations promulgated hereunder, where the activity:
1. Is allowed by federal, state or local statutes and/or regulations, or
2. Is in the public interest, and is not inconsistent with the purpose and intent of
this bylaw and its regulations.
B. Any applicant may submit a written request to be granted such a waiver at the
time of submission. Such a request shall be accompanied by an explanation or
documentation supporting the waiver request and demonstrating that the activity
is allowed by federal, state or local statutes and/or regulations or is in the public
interest and is not inconsistent with the purpose and intent of this bylaw and its
regulations.
C. All waiver requests shall be discussed and a decision will be made at the time of
final action by the Planning Board.
D. If in the Planning Board's opinion, additional information is required for review
of a waiver request; the Planning Board may continue a consideration of the
waiver request to a date certain announced at the meeting. In the event the
applicant fails to provide requested information, the waiver request shall be
denied. Any additional time required by this request, will extend the dead line for
issuance of a decision by the amount of time required to consider said request.
160-10. Enforcement
A. The Planning Board or its authorized agent shall enforce this Bylaw, its
regulations, orders, violation notices, and enforcement orders, and may pursue all
civil and criminal remedies for such violations.
B. Orders. The Planning Board or its authorized agent may issue a written order to
enforce the provisions of this Bylaw or the regulations there under, which may
include:
1. A requirement to cease and desist from the land-disturbing activity until there
is compliance with the Bylaw or provisions of the land-disturbance permit;
2. Maintenance, installation or performance of additional erosion and sediment
control measures;
3. Monitoring, analyses, and reporting;
4. Remediation of erosion and sedimentation resulting directly or indirectly from
the land-disturbing activity;
C. Compliance with the Operation and Maintenance Plan.
1. If the enforcing person determines that abatement or remediation of erosion
and sedimentation is required, the order shall set forth a deadline by which
such abatement or remediation must be completed.
D. Fines. Unless already being fined for the same offense by some other town
regulatory body, any person who violates any provision of this Bylaw, regulation,
order or permit issued there under, shall be punished by a fine of$300.00. Each
day or part thereof that such violation occurs or continues shall constitute a
separate violation.
E. Non-Criminal Disposition. As an alternative to criminal prosecution or civil
action, the Planning Board may elect to utilize the non-criminal disposition
procedure set forth in G.L. Ch. 40, §21D, which has been adopted by the Town, in
which case the Planning Board or authorized agent shall be the enforcing person.
The penalty for each violation shall be $300.00. Each day or part thereof that such
violation occurs or continues shall constitute a separate violation.
11. Severability
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for
any reason, all other provisions shall continue in full force and effect.
VOTED MAY 13, 2009