TOWN OF
WARRANT FOR SPRING ANNUAL TOWN
MEETING
TRANSACTION OF TOWN BUSINESS
TUESDAY, MAY 6, 2008 - 7:00 P.M.
To any Constable of the Town of
GREETINGS:
In
the name of the Commonwealth of Massachusetts, you are hereby directed to
notify the Inhabitants of the Town of Northbridge, qualified to vote in Town
elections and Town affairs, to meet in the Northbridge Middle School Auditorium
on Linwood Avenue, in Whitinsville, in said Northbridge, Massachusetts, on
Tuesday, May 6, 2008 at 7:00 o'clock P.M., then and there to act on the
following articles:
ARTICLE 1: (Board of Selectmen)
To see if the Town will vote to amend the votes taken
under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12,
2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting
(October 23, 2007), appropriations and transfers under the Omnibus Budget
Article; or take any other action relative thereto.
ARTICLE 2: (Board
of Selectmen)
To see if the Town will vote to establish an Insurance
Stabilization Fund under M.G.L. Chapter 40B, §5B, for the purpose of providing
funds to offset health insurance premiums and other related costs, and to
appropriate a sum of money for the Fund by amending the votes taken under
Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12,
2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting
(October 23, 2007), appropriations and transfers under the Omnibus Budget
Article as follows:
By transferring from Line 41 Employee Insurance Benefits, to said Fund the
sum of $740,000;
or take any other
action relative thereto.
ARTICLE 3: (Board of
Selectmen)
To see if the Town will vote to amend the votes taken
under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12,
2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting
(October 23, 2007), appropriations and transfers under the Omnibus Budget
Article as follows:
By transferring from Line 41,
Employee Insurance Benefits, the sum of $150,000 to
be expended by the School
Committee for capital projects as follows: Repair and/or replacement of ceiling tiles and lights in the lobby area of
of the Middle School oil burner; Recoating and relining
of the track at the Middle School;
Repair and/or replacement of toilet partitions at
Rebuilding of the loading dock at the Middle School;
or take any other action
relative thereto.
ARTICLE 4: (Board of
Selectmen)
To see if the Town will vote to amend the votes taken
under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12,
2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting
(October 23, 2007), appropriations and transfers under the Omnibus Budget
Article:
By
transferring from Line 41, Employee Insurance Benefits, the sum of $50,000 to
be expended
by the Building, Planning & Construction Committee for the repair and
renovations
of the
or take any
other action relative thereto.
ARTICLE 5: (Board of Selectmen)
To
see if the Town will vote to transfer to the General Fund from the Retained
Earnings Account of the Sewer Enterprise Fund a sum of money for the purpose of
reimbursing the Town for eligible direct and indirect costs, including
insurance, workers’ compensation, salaries and pensions, incurred by the Town
in support of the operations of the Sewer Enterprise Fund for Fiscal Year 2007;
or take any other action relative thereto.
ARTICLE 6: (Finance Committee)
To
see if the Town will vote to raise and appropriate or transfer from available
funds in the Treasury such sums of money not to exceed $37,050,000 to defray
the necessary and usual expenses of the several departments of the Town for FY
2009, beginning July 1, 2008 and ending June 30, 2009; or take any other action
relative thereto.
ARTICLE 7: (
To
see if the Town will vote to raise and appropriate or transfer from the
Retained Earnings Account of the Sewer Enterprise Fund a sum of money to
operate the Sewer Enterprise Operation of the Department of Public Works for FY
2009; or take any other action relative thereto.
ARTICLE 8: (
To see if the Town will vote to
raise and appropriate or transfer from the Retained Earnings Account of the
Water Enterprise Fund a sum of money to operate the Water Enterprise Operation
of the Department of Public Works for FY 2009; or take any other action
relative thereto.
ARTICLE 9: (
To see if the Town will vote to appropriate a sum of
money and such additional funds as may become available from the Commonwealth's
Department of Highways, Chapter 90 Bond Issue proceeds, to be used by the
Department of Public Works for the repair and maintenance of Town roads in
conformance with MGL and further to see if the Town will vote to raise said
appropriation by borrowing and to authorize the Treasurer/Collector, with approval
of the
ARTICLE 10: (
To see if the Town will vote to
authorize the Treasurer/Collector to enter into a compensating balance
agreement or agreements for FY 2009, pursuant to Chapter 44, Section 53F of the
M.G.L.; or take any other action relative thereto.
ARTICLE 11: (
To see if the Town will vote,
pursuant to Section 4A of Chapter 40 of the General Laws, to authorize the Board
of Selectmen to enter into an intermunicipal agreement with the Town of
Blackstone for the operation of a regional recycling program for the Towns of
Northbridge and Blackstone, upon such terms and conditions as are deemed
appropriate by the Board of Selectmen; or take any other action relative
thereto.
ARTICLE 12: (Recycling
Committee)
To
see if the Town will vote to reauthorize a revolving account pursuant to MGL
Chapter 44, Section 53E 1/2 for the Northbridge Recycling Committee to receive
funds from grants and donations, and to authorize the Northbridge Recycling
Committee to spend these funds to carry out the programs of Town recycling such
as battery recycling, developing and implementing programs of School and Town
department recycling, buy recycled-materials policy, to engage in educational
programs on recycling, and in other related costs including part time salaries,
provided, however, that the maximum amount of money that can be expended from
the account for FY 2009 is $10,000; or take any other action relative thereto.
ARTICLE 13: (
To see if the Town will vote to transfer within the FY
2009 budget, the amount of $15,248.00 from
account number 32001350-596100 "Receipts Reserved - Title V" to account number
01007100-591000 (line item 32) "Debt Principal"; or take any other
action relative thereto.
ARTICLE 14: (School Committee)
To
see if the Town will vote to transfer from the undesignated fund balance (free
cash), the sum of $237,036 to replace School Choice funds held by the Town that
must be repaid to the School District said funds to be used to reinstate
Athletics and Co-Curricular clubs and activities; or take any other action
relative thereto.
ARTICLE 15: (
To
see if the Town will vote to raise and appropriate the sum of $34,000 for the
purpose of financing the purchase of a response vehicle for the Fire
Department; or take any other action relative thereto.
ARTICLE 16: (
To
see if the Town will vote to raise and appropriate the sum of $400,000 for the
purpose of purchasing a new fire truck, contingent upon the passage of a capital
outlay expenditure exclusion under the provisions of Proposition 2˝ so-called,
MGL Chapter 59, Section 21C(i˝), for FY 09 (July 1, 2008 to June 30, 2009); or
take any other action relative thereto.
ARTICLE 17: (Board of Selectmen)
To
see if the Town will vote to raise and appropriate the sum of $278,000 for the
purpose of purchasing two (2) new medium duty, all wheel drive vehicles
complete with plow attachments, warning lights, communications equipment and
other accessories and auxiliary equipment and one (1) new dump truck with combo body and plow for use by the Department
of Public Works Highway Division, contingent upon the passage of a capital outlay
expenditure exclusion under the provisions of Proposition 2˝ so-called, MGL
Chapter 59, section 21C(i˝) for FY 09 (July 1, 2008 to June 30, 2009); or take
any other action relative thereto.
ARTICLE 18: (Board of Selectmen)
To
see if the Town will vote to raise and appropriate the sum of $25,000 for a
feasibility study for the construction of a new DPW facility, said funds to be
expended under the direction of the Building, Planning and Construction
Committee; or take any other action relative thereto.
ARTICLE 19: (Board of Selectmen)
To
see if the Town will vote to authorize the Board of Selectmen and/or School
Committee to lease a portion of the property located adjacent to the Primary
School on Cross Street, shown on Assessors' Map 14A as Parcel 43 for a period
of up to five (5) years for the purpose of placing modular classrooms or other
facilities for the educational programs of the Northbridge Public Schools; or
take any other action relative thereto.
ARTICLE 20: (Playground & Recreation Commission)
To
see if the Town will vote to authorize the establishment of a revolving fund
pursuant to M.G.L. Chapter 44, Section 53E1/2 for the Playground &
Recreation Commission, to credit to such fund any grants, donations, program user
fees and fund raising proceeds received by said Commission and to authorize
said Commission to expend from such fund amounts required to maintain the
Town's playgrounds and recreation fields, to make improvements thereto and to
purchase, lease or rent equipment and support facilities for programs and
activities taking place thereon provided, however, that the total amount which
may be expended from such fund in fiscal year 2009 (July 1, 2008 to June 30,
2009) is $20,000 (twenty thousand dollars); or take any other action relative
thereto.
ARTICLE 21: (Conservation Commission)
To
see if the Town will vote to amend Section 7-700 of Chapter 7 of its general
by-laws, the Wetlands Protection Bylaw, as proposed by the Conservation
Commission, as shown below, a copy of said proposed amendments also being on
file with the Town Clerk.
Town
of
Wetlands
Protection By-Law
Section 7-700 ............................................................................................................. 1
Section 7-701 Purpose (current).................................................................................. 2
Section 7-701 Purpose (proposed)............................................................................... 2
Section 7-702 Jurisdiction (current) ............................................................................ 2
Section 7-702 Jurisdiction (proposed)......................................................................... 3
Section 7-703 Exemptions and Exceptions (current) ................................................. .3
Section 7-703 Exemptions and Exceptions (proposed)................................................ 4
Section 7-704 Permit Applications; Requests for
Determination (current)................... 4
Section 7-704 Permit Applications; Requests for
Determination (proposed)................ 4
Section 7-705 Notices and Hearings (current) ............................................................. 5
Section 7-705 Notices and Hearings (proposed) ......................................................... 6
Section 7-706 Coordination with Other Boards (current)
............................................ 7
Section 7-706 Coordination with Other Boards
(proposed)......................................... 7
Section 7-707 Permits, Determinations and Conditions
(current)................................. 7
Section 7-707 Permits, Determinations and Conditions
(proposed) ............................ 8
Section 7-708 Promulgation of Regulations (current) ............................................... 10
Section 7-708 Promulgation of Regulations (proposed) ............................................ 10
Section 7-709 Definitions (current) .......................................................................... 11
Section 7-709 Definitions (proposed)........................................................................ 11
Section 7-710 Security (current)................................................................................ 12
Section 7-710 Security (proposed)............................................................................. 13
Section 7-711 Violations, Enforcement and Penalties (current)................................. 13
Section 7-711 Enforcement (proposed)..................................................................... 13
Section 7-712 Burden of Proof (current) .................................................................. 14
Section 7-712 Burden of Proof (proposed) ............................................................... 14
Section 7-713 Relation to the Wetlands Protection Act
(current) .............................. 14
Section 7-713 Relation to the Wetlands Protection Act
(proposed) ........................... 15
Section 7-714 Severability (current) ......................................................................... 15
Section 7-714 Severability (proposed)....................................................................... 15
Section 7-715 Appeals (proposed) ............................................................................ 15
Section
7-700
________________________________________________________________________________________
Document Conventions: This
document contains the text of both the current by-law as updated in 1998 and
the proposed, new by-law. To aid in reading, each section is marked as
“current” or “proposed”. Also, text which has been added is shown in “underline”
font and the proposed paragraphs are shaded.
Section 7-701 Purpose (current)
The purpose of this chapter is to protect the
wetlands, related water resources and adjoining land areas in the Town of
o public or private water supply, groundwater, flood
control, erosion and sedimentation control, storm damage prevention, water
pollution, fisheries, shellfish, wildlife habitat, recreation, aesthetics,
agriculture and aquaculture value
(collectively,
the “wetland values protected by this chapter”).
Section
7-701 Purpose (proposed)
The
purpose of this chapter is to protect the wetlands, water resources, flood
prone areas and adjoining upland areas in the Town of
o public or private water supply, groundwater supply,
flood control, erosion and sedimentation control, storm damage prevention,
water quality, prevention and control of pollution, fisheries, wildlife
habitat, rare species habitat including rare plant and animal species,
recreation, agriculture and aquaculture value
(collectively, the “wetland values
protected by this chapter”).
This bylaw is intended to utilize the Home Rule
authority of Northbridge so as to protect the resource areas under the Wetlands
Protection Act (G.L. Ch.131 §40; the Act) to a greater degree, to protect
additional resource areas beyond the Act recognized by the Town as significant,
to protect all resource areas for their additional values beyond those
recognized in the Act, and to impose in local regulations and permits additional
standards and procedures stricter than those of the Act and regulations
thereunder (310CMR 10.00), subject, however, to the rights and benefits
accorded to agricultural uses and structures of all kinds under the laws of the
Commonwealth and other relevant bylaws of the Town of Northbridge.
Section 7-702 Jurisdiction (current)
Except as permitted by the Conservation Commission or
as provided in this chapter, no person shall remove, fill, dredge, build upon
or alter the following resource areas:
- within one hundred (100) feet of any freshwater
wetland, coastal wetland, marsh, wet
meadow, bog or swamp;
- within one hundred (100) feet of any bank, beach,
dune or flat;
- any lake river, pond, stream, estuary or the ocean;
- within one hundred (100) feet of any lake, river,
pond, stream, estuary or the ocean;
- any land under said waters;
- or within one hundred (100) feet of any land subject
to flooding or inundation by groundwater, surface water, tidal action or
coastal storm flowage.
Section 7-702 Jurisdiction (proposed)
Except
as permitted by the Conservation Commission or as provided in this chapter, no
person shall commence to remove, fill, dredge, build upon, degrade,
discharge into or otherwise alter the following resource areas:
o any freshwater wetlands, marshes, wet meadows, bogs,
swamps, vernal pools, springs, banks, beaches, reservoirs,
lakes, ponds of any size, and lands under water bodies;
o intermittent
streams, brooks and creeks;
o land adjoining these resource areas out to a distance
of one hundred (100) feet known as
the buffer zone;
o perennial rivers, streams, brooks and creeks;
o lands adjoining these resource areas out to a distance
of two hundred (200) feet, known as the riverfront area;
o and lands subject to flooding or inundation by groundwater
or surface water;
(collectively the “resource areas protected by this chapter”).
Said resource areas shall be protected whether or not they border surface
waters.
The jurisdiction of this bylaw shall not extend to
uses and structures of agriculture that enjoy the rights and privileges of laws
and regulations of the Commonwealth governing agriculture, including work
performed for normal maintenance or improvement of land in agricultural or
aquacultural uses as defined by the Wetlands Protection Act regulations, found
at 310 CMR 10.04.
Section 7-703 Exemptions
and Exceptions (current)
A. The permit and application required by this chapter
shall not be required for maintaining, repairing or replacing, but not
substantially changing or enlarging, an existing and lawfully located structure
or facility used in the service of the public to provide electric, gas, water,
telephone, telegraph, or other telecommunication services, provided that the
structure or facility is not substantially changed or enlarged, provided that
written notice has been given to the Commission prior to commencement of the
work, and provided that the work conforms to performance standards and design
specifications in regulations adopted by the Commission.
B. The application and permit required by this chapter
shall not apply for emergency projects necessary for the protection of the
health and safety of the public:
o
provided that the
work is to be performed by or has been ordered to be performed by an agency of
the Commonwealth or a political subdivision thereof;
o
provided that
advance notice, oral or written, has been given to the Commission prior to
commencement of work or within twenty-four (24) hours after commencement;
o
provided that the
Conservation Commission or its agent certifies the work as an emergency
project;
o
provided that the
work is performed only for the time and place certified by the Conservation
Commission for the limited purposes necessary to abate the emergency;
o
and provided that
within twenty-one (21) days of commencement of an emergency project a permit
application shall be filed with the Commission for review as provided by this
chapter.
Upon failure to meet these and other requirements of
the Commission, the Commission may, after notice and a public hearing, revoke
or modify an emergency project approval and order restoration and mitigation
measures.
C. Other than stated in this section, the exceptions
provided in the Wetlands Protection Act shall not apply.
Section
7-703 Exemptions and Exceptions
(proposed)
A. [no
changes proposed]
B. [no
changes proposed]
C. The application and permit required by this chapter shall not be
required for work performed for normal
maintenance or improvement of land in agricultural use as defined by the
Wetlands Protection Act Regulations at 310 CMR 10.04.
D. The
application and permit required by this chapter shall not be required for
single-family home
lots in existence prior to the adoption of this chapter.
E. Other than
stated in this section, the exceptions provided in the Wetlands Protection Act (G.L.
Ch. 131 §40) and Regulations (310 CMR 10.00) shall not apply under this
chapter.
A. Written application shall be filed with the
Commission to perform activities regulated by this chapter affecting resource
areas protected by this chapter. The application shall include such information
and plans as are deemed necessary by the Commission to describe proposed
activities and their effects on the environment. No activities shall commence
without receiving and complying with a permit issued pursuant to this chapter.
B. The Commission, in an appropriate case, may accept
as the application and plans under this chapter the Notice of Intent and plans
filed under the Wetlands Protection Act, MGL C. 131, §40.
C. Any person desiring to know whether or not a
proposed activity or an area is subject to this chapter may, in writing,
request a determination from the Commission. Such a request for determination
shall contain data and plans specified by the regulations of the Commission.
D. At the time of an application or request the
applicant shall pay a filing fee specified in regulations of the Commission.
This fee is in addition to that required by the Wetlands Protection Act, MGL C.
131, §40. In addition, the Commission is authorized to require the applicant to
pay the cost and expenses of any expert consultant deemed necessary by the
Commission to review the application of request up to a maximum of five
thousand dollars ($5000). The Commission may waive the filing fee and costs and
expenses for an application or request filed by a government agency and shall
waive them for a request for determination filed by a person having no
financial connection with the property which is the subject of the request.
E. Along with the submission of a notice of intent,
the soil excavator(s) that actually located the wetlands will provide a signed
affidavit. This affidavit shall state that the wetland location shown on the
submitted plan or correctly shown and that the determination of the wetland
locations was established by the current requirements of the Department of
Environmental Protection, to include plant life, hydrology and soil
classification. If this is the first affidavit submitted by this person (or
persons) a letter shall also be provided stating the soils evaluators’
credentials and past experience. (Added
A. Written
application shall be filed with the Commission to perform activities affecting
resource areas protected by this chapter. The application shall include such
information and plans as are deemed necessary by the Commission to describe
proposed activities and their effects on the resource areas protected by
this chapter. No activities shall commence without receiving and complying
with a permit issued pursuant to this chapter.
B. The
Commission in an appropriate case may accept as the application and plans under
this chapter the Notice of Intent any application and plans filed under the
Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00),
but the Commission is not obliged to do so.
C. Any person
desiring to know whether or not a proposed activity or an area is subject to
this chapter may, in writing, request a determination from the Commission. Such
a Request for Determination of Applicability (RDA) or Abbreviated Notice of
Resource Area Delineation (ANRAD) filed under the Act shall include
information and plans as are deemed necessary by the Commission.
D. At the
time of an application or request the applicant shall pay a filing fee
specified in Regulations of the
Commission. This fee is in addition to that required by the Wetlands Protection
Act, (G.L. Ch 131 §40) and Regulations. The Commission may waive the
filing fee and costs and expenses for an application or request filed by a
government agency and shall waive them for a request for determination filed by
a person having no financial connection with the property which is the subject
of the request.
E. Pursuant
to G.L Ch. 44 §53G and regulations promulgated by the Commission, the
Commission may impose reasonable fees upon applicants for the purpose of securing
outside consultants including engineers, wetlands scientists, wildlife
biologists or other experts in order to aid in the review of proposed projects.
Such funds shall be deposited with the town treasurer, who shall create an
account specifically for this purpose. Additional consultant fees may be
requested where the requisite review is more expensive than originally
calculated or where new information requires additional consultant services.
Only costs relating to consultant work done in connection with a project for
which a consultant fee has been collected shall be paid from this account, and
expenditures may be made at the sole discretion of the Commission. Any
consultant hired under this provision shall be selected by, and report
exclusively to, the Commission. The Commission shall provide applicants with
written notice of the selection of a consultant, identifying the consultant,
the amount of the fee to be charged to the applicant, and a request for payment
of that fee. Notice shall be deemed to have been given on the date it is mailed
or delivered. The applicant may withdraw the application or request within five
(5) business days of the date notice is given without incurring any costs or
expenses.
F. The entire
fee must be received before the initiation of consulting services. Failure by
the applicant to pay the requested consultant fee within ten (10) business days
of the request for payment shall be cause for the Commission to declare the
application administratively incomplete and deny the permit without prejudice,
except in the case of an appeal. The Commission shall inform the applicant and
Department of Environmental Protection (DEP) of such a decision in writing.
G. The
applicant may appeal the selection of an outside consultant to the Board of Selectmen,
who may disqualify the consultant only on the grounds that the consultant has a
conflict of interest or is not properly qualified. The minimum qualifications
shall consist of either an educational degree or three or more years of practice
in the field at issue, or a related field. The applicant shall make such an
appeal in writing, and it must be received within ten (10) business days of the
date that request for consultant fees was made by the Commission. Such appeal
shall extend the applicable time limits for action upon the application.
A. Any person filing an application or a request for
determination with the Commission at the same time shall give written notice
thereof, by certified mail or hand delivery, to all abutters according to the
most recent records of the Board of Assessors, including those across a
traveled way or body of water.
o
The notice to
abutters shall enclose a copy of the application or request, with plans, or
shall state where copies may be examined and obtained by abutters. When a
person requesting a determination is other than the owner, the request, the
notice of the hearing and the determination itself shall be sent by the
Commission to the owner as well as to the person making the request.
B. The Commission shall conduct a public hearing on
any application or request for determination, with written notice given, at the
expense of the applicant, five (5) working days prior to the hearing in a
newspaper of general circulation in the Town of
C. The Commission shall commence the public hearing
within twenty-one (21) days from receipt of a completed application or RFD.
D. The Commission shall issue its permit, or
determination in writing within twenty-one (21) days of the close of the public
hearing thereon.
E. The Commission, in an appropriate case, may combine
its hearing under this chapter with the hearing conducted under the Wetlands
Protection Act (G.L. Ch.131 §40).
F. The Commission shall have the authority to continue
the hearing to a date certain announced at the hearing, for reasons stated at
the hearing, which may include receipt of additional information offered by the
applicant or others, information and plans required of the applicant, deemed necessary
by the Commission in its discretion, or comments and recommendations of Boards
and Officials listed in §7-706. In the event that the applicant objects to a
continuance or postponement, the hearing shall be closed, and the commission
shall take action on such information as is available.
A. Any person
filing a permit or other application or a Request for Determination of
Applicability (RDA) or Abbreviated Notice of Resource Area Delineation (ANRAD)
or other request with the Commission at the same time shall give written
notice thereof, by certified mail (return receipt requested) or hand
delivery to all abutters according to the most recent records of the Board of
Assessors, including owners of land directly opposite on any public or
private street or those across a traveled way, and abutters to the
abutters within 300 feet of the property line of the applicant, including any
in another municipality or across a body of water. The notice shall
state a brief description of the project or other proposal and the date of any
Commission hearing or meeting date if known. The notice to abutters shall
enclose a copy of the application or request, with plans, or shall state where
copies may be examined and obtained by abutters. An affidavit of the person
providing such notice, with a copy of the notice mailed or delivered, shall be
filed with the Commission. When a person requesting a determination is other
than the owner, the request, the notice of the hearing and the determination
itself shall be sent by the Commission to the owner as well as to the person
making the request.
B. The
Commission shall conduct a public hearing on any permit application, RDA
or ANRAD with written notice given, at the expense of the applicant, at
least five (5) working days prior to the hearing, in a newspaper of general
circulation in the Town of
C. The
Commission shall commence the public hearing within twenty-one (21) calendar
days from receipt of a completed permit application, RDA or ANRAD.
D. The
Commission shall issue its permit, other order or determination in
writing within twenty-one (21) calendar days of the close of the public
hearing thereon unless an extension is authorized in writing by the
applicant.
E. The
Commission in an appropriate case may combine its hearing under this chapter
with the hearing conducted under the Wetlands Protection Act (G.L. Ch.131 §40) and
Regulations (310 CMR 10.00).
F. The
Commission shall have the authority to continue the hearing to a specific
date announced at the hearing, for reasons stated at the hearing, which may
include receipt of additional information offered by the applicant or others,
information and plans required of the applicant, deemed necessary by the
Commission in its discretion, or comments and recommendations of Boards and
Officials listed in §7-706. In the event that the applicant objects to a
continuance or postponement, the hearing shall be closed, and the Commission
shall take action on such information as is available.
Any person filing a permit application or request for
determination with the Commission shall provide a copy thereof at the same
time, by certified mail or hand delivery, to the Board of Selectmen, Planning
Board, Board of Appeals, Board of Health and Building Inspector. The Commission
shall not take final action until the boards and officials have had fourteen
(14) days from receipt of notice to file written comments and recommendations with
the Commission, which the Commission shall take into account but which shall
not be binding on the Commission. The applicant shall have the right to receive
any such comments and recommendations and to respond to them at a hearing of
the Commission prior to final action.
Any
person filing a permit application, Request for Determination of
Applicability or ANRAD with the Conservation Commission shall
provide a copy thereof at the same time, by certified mail (return receipt
requested) or hand delivery, to the Board of Selectmen, Planning Board,
Board of Appeals, Board of Health, and Building Inspector. A copy shall be
provided in the same manner to the Conservation Commission of the adjoining
municipality, if the application or RDA pertains to property within 300 feet of
that municipality. An affidavit of the person providing notice, with a copy of
the notice mailed or delivered, shall be filed with the Commission. The
Commission shall not take final action until such boards and officials have had
fourteen (14) days from receipt of notice to file written comments and
recommendations with the Commission, which the Commission shall take into
account but which shall not be binding on the Commission. The applicant shall
have the right to receive any such comments and recommendations, and to respond
to them at a hearing of the Commission, prior to final action.
A. If the Conservation Commission, after a public
hearing, determines that the activities which are the subject of the
application are likely to have a significant or cumulative effect upon the
wetland values protected by this chapter, the Commission, within twenty-one
(21) days of the close of the hearing, shall issue or deny a permit for the
activities requested. If it issues a permit the Commission shall impose
conditions which the commission deems necessary or desirable to protect those
values, and all activities shall be done in accordance with those conditions.
B. The Commission is empowered to deny a permit for
failure to meet the requirements of this chapter;
o
for failure to
submit necessary information and plans requested by the Commission;
o
for failure to
meet the design specifications, performance standards, and other requirements
in regulations of the Commission;
o
for failure to
avoid or prevent unacceptable significant or cumulative effects upon the values
protected by this chapter;
o
and where no
conditions are adequate to protect those values.
Due consideration shall be given to a demonstrated
hardship on the applicant by reason of denial, as presented at the public
hearing.
C. A permit shall expire three (3) years from the date
of issuance. Notwithstanding the above, the Commission in its discretion may
issue a permit expiring five years (5) from the date of issuance for recurring
or continuous maintenance work, provided that annual notification of the time
and location of the work is given to the Commission. Any permit may be renewed
once for an additional one year period, provided that a request for a renewal
is received in writing by the Commission prior to expiration.
D. For good cause the Commission may revoke or modify
any permit issued under this chapter after public and public hearing and notice
to the holder of the permit.
E. The Commission in an appropriate case may combine
the permit or other action on an application issued under this chapter with the
Order of Conditions issued under the Wetlands Protection Act.
A.
If the Commission, after a public hearing, determines that the activities which
are subject to the permit application or the land and water uses which will
result therefrom, are likely to have a significant individual or
cumulative effect on the resource area
values protected by this chapter, the Commission, within twenty-one (21)
days of the close of the hearing, shall issue or deny a permit for the
activities requested. The Commission shall take into account the extent to
which the applicant has avoided, minimized and mitigated any such effect. The
Commission also shall take into account any loss, degradation, isolation, and
replacement or replication of such protected resource areas elsewhere in the
community and the watershed, resulting from past activities, whether permitted,
unpermitted or exempt, and foreseeable future activities. If it issues a
permit the Commission shall impose conditions which the Commission deems
necessary or desirable to protect said resource area values, and all activities shall be done in
accordance with those conditions.
B. Where no conditions are adequate to
protect said resource area values, the Commission is empowered to deny a
permit for failure to meet the requirements of this chapter. It may also
deny a permit: for failure to submit necessary information and plans
requested by the Commission; for failure to comply with the procedures, design specifications, performance standards,
and other requirements in regulations of the Commission; or for failure
to avoid, minimize or mitigate
unacceptable significant or cumulative effects upon the resource area values protected by this chapter. Due
consideration shall be given to any demonstrated hardship on the applicant by
reason of denial, as presented at the public hearing. The Commission may waive
specifically identified and requested procedures, design specifications,
performance standards, or other requirements set forth in its regulations,
provided that: the Commission finds in writing after said public hearing that
there are no reasonable conditions or alternatives that would allow the
proposed activity to proceed in compliance with said regulations; that
avoidance, minimization and mitigation have been employed to the maximum extent
feasible; and that the waiver is necessary to accommodate an overriding public
interest or to avoid a decision that so restricts the use of the property as to
constitute an unconstitutional taking without compensation.
C. In reviewing
activities within the buffer zone, the Commission shall presume the buffer zone
is important to the protection of other resource areas because activities
undertaken in close proximity have a high likelihood of adverse impact, either
immediately, as a consequence of construction, or over time, as a consequence
of daily operation or existence of the activities. These adverse impacts from
construction and use can include, without limitation, erosion, siltation, loss
of groundwater recharge, poor water quality, and loss of wildlife habitat. The
Commission may establish, in its regulations, design specifications,
performance standards, and other measures and safeguards, including setbacks,
no-disturb areas, no-build areas, and other work limits for protection of such
lands, including without limitation strips of continuous, undisturbed
vegetative cover, unless the applicant convinces the Commission that the area
or part of it may be disturbed without harm to the values protected by this chapter.
D. In reviewing activities
within the riverfront area, the Commission shall presume the riverfront area is
important to all the resource area values unless demonstrated otherwise, and no
permit issued hereunder shall permit any activities unless the applicant, in addition
to meeting the otherwise applicable requirements of this bylaw, has proved by a
preponderance of the evidence that (1) there is no practicable alternative to
the proposed project with less adverse effects, and that (2) such activities,
including proposed mitigation measures, will have no significant adverse impact
on the areas or values protected by this chapter. The Commission shall regard
as practicable an alternative which is reasonably available and capable of
being done after taking into consideration the proposed property use, overall
project purpose (e.g., residential, institutional, commercial, or industrial),
logistics, existing technology, costs of the alternatives, and overall project
costs.
E. To prevent
resource area loss, the Commission shall require applicants to avoid alteration
wherever feasible; to minimize alteration; and, where alteration is unavoidable
and has been minimized, to provide full mitigation. The Commission may
authorize or require replication of wetlands as a form of mitigation, but only
with specific plans, professional design, proper safeguards, adequate security,
and professional monitoring and reporting to assure success, because of the
high likelihood of failure of replication. The Commission may require a
wildlife habitat study of the project area, to be paid for by the applicant,
whenever it deems appropriate, regardless of the type of resource area or the
amount or type of alteration proposed. The decision shall be based upon the
Commission’s estimation of the importance of the habitat area considering (but
not limited to) such factors as proximity to other areas suitable for wildlife,
importance of wildlife “corridors” in the area, or actual or possible presence
of rare plant or animal species in the area. The work shall be performed by an
individual who at least meets the qualifications set out in the wildlife
habitat section of the Wetlands Protection Act regulations (310 CMR 10.60).
F. The Commission shall
presume that all areas meeting the definition of “vernal pools” under §7-709 of
this chapter, including the adjacent area, perform essential habitat functions.
This presumption may be overcome only by the presentation of credible evidence
which, in the judgment of the Commission, demonstrates that the basin or depression
does not provide essential habitat functions. Any formal evaluation should be
performed by an individual who at least meets the qualifications under the
wildlife habitat section of the Wetlands Protection Act regulations.
G.
A permit, Determination of
Applicability (DOA), or Order of Resource Area Delineation (ORAD) shall
expire three years from the date of issuance. Notwithstanding the above, the
Commission in its discretion may issue a permit expiring five (5) years from the date of issuance for
recurring or continuous maintenance work, provided that annual notification of
time and location of work is given to the Commission. Any permit may be renewed
once for an additional one-year period, provided that a request for a renewal
is received in writing by the Commission prior to expiration. Notwithstanding
the above, a permit may identify requirements which shall be enforceable for a
stated number of years, indefinitely, or until permanent protection is in
place, and shall apply to all present and future owners of the land.
H.
For good cause the Commission may
revoke or modify any permit, Determination of Applicability (DOA), Order of
Resource Area Delineation (ORAD) or any other order, determination or other
decision issued under this chapter after notice to the holder, the public,
abutters, and town boards, pursuant to §7-705 and §7-706, and after a public
hearing .
I. Amendments to permits,
DOAs or ORADs shall be handled in the manner set out in the Wetlands Protection
Act regulations and policies thereunder.
J.
The Commission, in an appropriate
case, may combine the decision
issued under this chapter with the Order of Conditions, permit, DOA,
ORAD or Certificate of Compliance (COC) issued under the Wetlands
Protection Act and Regulations.
K. No work proposed in any
application shall be undertaken until the permit, or ORAD issued by the
Commission with respect to such work has been recorded in the registry of deeds
or, if the land affected is registered land, in the registry section of the Land
Court for the district wherein the land lies, and until the holder of the
permit certifies in writing to the Commission that the document has been
recorded. If the applicant fails to perform such recording, the Commission may
record the documents itself and require the Applicant to furnish the recording
fee therefor, either at the time of recording or as a condition precedent to
the issuance of a COC.
A. After public notice and public hearing, the
Conservation Commission shall promulgate rules and regulations to effectuate
the purposes of this chapter. Failure by the Commission to promulgate such
rules and regulations or a legal declaration of their invalidity by a court of
law shall not act to suspend or invalidate the effect of this chapter.
B. At a minimum these regulations shall define key
terms in this chapter not inconsistent with the chapter.
C. Any cut or fill slope within twenty-five feet (25’)
of a bordering vegetated wetland or of a stream or intermittent stream, shall
be designed at no greater than a three foot horizontal to one foot vertical
slope (3:1). In no case will a slope be allowed with a gradient steeper than
two feet horizontal to one foot vertical (2:1) within 100’ buffer zone of this
wetland or stream (Added Spring Annual Town Meeting 5/5/98)
D. All Notice of Intent design plans submitted to the
Conservation Commission shall note the number of wetland flags as it is
identified in the field. These plans should also show the location of all
hydric soil test locations. At least two locations, one upland and one wetland,
shall be located for every three hundred feet (300’) of linear bordering
vegetative wetland. These locations shall be located in the field for future
observations by the conservation commission members. (Added
A. After public notice
and public hearing, the Commission shall promulgate rules and regulations to
effectuate the purposes of this chapter, effective when voted and filed with
the Town Clerk. Failure by the Commission to promulgate such rules and
regulations or a legal declaration of their invalidity by a court of law shall
not act to suspend or invalidate the effect of this chapter.
B. At a minimum, these
regulations shall reiterate the terms defined in this chapter, define
additional terms not inconsistent with the chapter, and impose filing
and consultant fees.
C. [Deleted]
D. [Deleted]
The following definitions shall apply in the
interpretation and implementation of this chapter.
alter – includes,
without limitation, the following activities when undertaken to, upon, within
or affecting resource areas protected by this chapter:
a) Removal, excavation, or dredging of soil, sand,
gravel, or aggregate materials of any kind
b) Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns, flow
patterns, or flood retention characteristics
c) Drainage, or other disturbance of water level or
water table
d) Dumping, discharging, or filling with any material
which may degrade water quality
e) Placing of fill, or removal of material, which
would alter elevation
f) Driving of piles, erection, expansion or repair of
buildings, or structures of any kind
g) Placing of obstructions or objects in water
h) Destruction of plant life including cutting or
trimming of trees and shrubs
i) Changing temperature, biochemical oxygen demand, or
other physical, biological, or chemical characteristics of any waters
j) Any activities, changes, or work which may cause or
tend to contribute to pollution of any body of water or groundwater
person – includes
any individual, group of individuals, association, partnership, corporation,
company, business organization, trust, estate, the Commonwealth or political
subdivision thereof to the extent subject to town bylaws, administrative
agency, public or quasi-public corporation or body, the Town of Northbridge,
and any other legal entity, its legal representatives, agents, or assigns.
The
following definitions shall apply in the interpretation and implementation of
this chapter.
The term “agriculture”
shall refer to the definition provided by G.L. Ch. 128 §1A.
The term “alter” shall include , without
limitation, the following activities when undertaken to, upon, within or
affecting resource areas protected by this chapter:
A. through E. [No
changes proposed]
F. Driving of piles or erection, expansion or
repair of buildings, or structures of any kind.
G. [No changes proposed]
H. Destruction of plant life, including cutting or
trimming of trees and shrubs
I. Changing
temperature, biochemical oxygen demand or other physical, biological
or chemical characteristics of any waters
J. [No changes proposed]
K. Incremental activities which have, or may have, a
cumulative adverse impact on the resource areas protected by this chapter.
The term “bank”
shall include the land area which normally abuts and confines a water body; the
lower boundary being the mean annual low flow level, and the upper boundary
being the first observable break in the slope or the mean annual flood level,
whichever is higher.
The term “person” shall include any
individual, group of individuals, association, partnership, corporation,
company, business organization, trust, estate, the Commonwealth or political
subdivision thereof to the extent subject to Town bylaws, administrative
agency, public or quasi-public corporation or body, the Town of Northbridge and
any other legal entity, its legal representatives, agents, or assigns.
The term “pond”
shall follow the definition of 310 CMR 10.04 except that the size threshold of
10,000 square feet shall not apply.
The term “rare
species” shall include, without limitation, all vertebrate and
invertebrate animals and all plant species listed as endangered, threatened, or
of special concern by the
The term “vernal
pool” shall include, in addition to scientific definitions found in the
Regulations under the Wetlands Protection Act, any confined basin or depression
not occurring in existing lawns, gardens, landscaped areas or driveways which,
at least in most years, holds water for a minimum of two continuous months
during the spring and/or summer, contains at least 200 cubic feet of water at
some time during most years, is free of adult predatory fish populations, and
provides essential breeding and rearing habitat functions for amphibian,
reptile or other vernal pool community species, regardless of whether the site
has been certified by the Massachusetts Division of Fisheries and Wildlife. The
boundary of the resource area for vernal pools shall be the mean annual
high-water line defining the depression.
Except as otherwise provided in this chapter or in
regulations of the Conservation Commission, the definitions of terms and
procedures in this chapter shall be as set forth in the Wetlands Protection Act
(G.L. Ch. 131 §40) and Regulations (310 CMR 10.00).
As part of a permit issued under this chapter, in
addition to any security required by any other municipal or state board,
agency, or official, the Commission may require that the performance and
observance of the conditions imposed hereunder be secured wholly or in part by
one (1) or more of the methods described below:
A. By a proper bond or deposit of money negotiable
securities or other undertaking of financial responsibility sufficient in the
opinion of the Commission.
B. By accepting a conservation restriction, easement,
or other covenant enforceable in a court of law, executed and duly recorded by
the owner of record, running with the land to the benefit of the Town of
Northbridge whereby the permit conditions shall be performed and observed
before any lot may be conveyed other than by mortgage deed.
As
part of a permit issued under this chapter, in addition to any security
required by another municipal or state board, agency, or official, the
Commission may require that the performance and observance of the conditions
imposed hereunder (including conditions requiring mitigation work) be
secured wholly or in part by one or more of the methods described below:
A. By a proper bond
or deposit of money or negotiable securities under a written
third-party escrow arrangement, or other undertaking of financial
responsibility sufficient in the opinion of the Commission, to be released
in whole or in part upon issuance of a Certificate of Compliance (COC) for work
performed pursuant to the permit.
B. By accepting a
conservation restriction, easement, or other covenant enforceable in a court of
law, executed and duly recorded by the owner of record, running with the land
to the benefit of the Town of Northbridge, whereby the permit conditions shall
be performed and observed before any lot may be conveyed other than by mortgage
deed. This method shall be used only with the consent of the applicant.
A. The Northbridge Conservation Commission, its
agents, officers, and employees shall have authority to enter upon privately
owned land for the purpose of performing their duties under this chapter and
may make or cause to be made such examinations, surveys, or sampling as the
Commission deems necessary.
B. The Commission shall have authority to enforce this
chapter, its regulations, and permits issued thereunder by violation notices,
administrative orders and civil and criminal court actions.
C. Upon request of the Commission, the Board of
Selectmen and Town Counsel shall take legal action for enforcement under civil
law. Upon request of the Commission, the Chief of Police shall take legal
action for enforcement under criminal law.
D. Town of
E. Any person who violates any provision of this
chapter, regulations or permits issued thereunder shall be punished by a fine
of not more than three hundred dollars ($300). Each day or portion thereof
during which a violation continues shall constitute a separate offense, and
each provision of the chapter, regulations or permit violated shall constitute
a separate offense.
F. In the alternative to criminal prosecution, the
Commission may elect to utilize the non-criminal disposition procedure set
forth in G.L. Ch. 40 §21D and in Section 1-109 (A) of this code of bylaws. The
fine for the first offense under this wetland protection bylaw shall be
$150.00, the fine for the second offense shall be $200.00 and the fine for the
third and subsequent offenses in the same calendar year shall be $300.00. Each
day or portion thereof during which a violation continues shall constitute a
separate offense, and each provision of the chapter, regulations or permits violated
shall constitute a separate offense.
A. No person shall remove,
fill, dredge, build upon, degrade, or otherwise alter resource areas protected
by this chapter, or cause, suffer, or allow such activity, or leave in place
unauthorized fill, or otherwise fail to restore illegally altered land to its
original condition, or fail to comply with a permit or an enforcement order
issued pursuant to this chapter.
B. The Northbridge Conservation Commission, its agents,
officers, and employees shall have authority to enter upon privately owned land
for the purpose of performing their duties under this chapter and may make or
cause to be made such examinations, surveys or sampling as the Commission deems
necessary subject to the constitutions and laws of the United States and the
Commonwealth.
C. The Commission shall have authority to enforce this
chapter, its regulations, and permits
issued
thereunder by letters, phone calls, electronic communication and other
informal methods, violation notices, non-criminal citations under G.L.
Ch. 40 §21D, and civil and criminal
court actions. Any person who violates the provisions of this chapter may be
ordered to restore the property to its original condition and take other action
deemed necessary to remedy such violations, or may be fined, or both.
D. Upon request of the Commission, the Board of
Selectmen and Town Counsel shall take legal action for enforcement under civil
law. Upon request of the Commission, the Chief of Police shall take legal
action for enforcement under criminal law. Town of
E. As an alternative to
criminal prosecution in a specific case, the Commission may issue citations
with specific penalties pursuant to the non-criminal disposition procedure set
forth in G.L. Ch. 40 §21D, which has been adopted by the Town of Northbridge in
§ 1-109 of the general bylaws.
F. Any person who violates any provision of this
chapter, regulations thereunder or permits or administrative orders
issued thereunder, shall be punished by a fine of not more than three hundred
dollars ($300). Each day or portion thereof during which a violation continues,
or unauthorized fill or other alteration remains in place, shall
constitute a separate offense, and each provision of the chapter, regulations,
permits, or administrative orders violated shall constitute a separate
offense.
The applicant for a permit shall have the burden of
proving by a preponderance of the credible evidence that the work proposed in
the application will not have unacceptable significant or cumulative effects
upon the wetland values protected by this chapter. Failure to provide adequate
evidence to the commission supporting this burden shall be sufficient cause for
the commission to deny a permit or grant a permit with conditions.
The applicant
for a permit shall have the burden of proving by a preponderance of the
credible evidence that the work proposed in the permit application will
not have unacceptable significant or cumulative effect upon the resource
area values protected by this chapter. Failure to provide adequate evidence
to the Commission supporting this burden shall be sufficient cause for the
Commission to deny a permit or grant a permit with conditions.
This chapter is adopted under the Home Rule Amendment
of the Massachusetts Constitution and the Home Rule statutes, independent of
the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations there under.
This chapter
is adopted under the Home Rule Amendment of the Massachusetts Constitution and
the Home Rule statutes, independent of the Wetlands Protection Act (G.L. Ch.
131 §40) and Regulations (310 CMR 10.00) thereunder. It is the intention
of this chapter that the purposes, jurisdiction, authority, exemptions,
regulations, specifications, standards, and other requirements shall be
interpreted and administered as stricter than those under the Wetlands
Protection Act and regulations.
The invalidity of any section or provision of this
chapter shall not invalidate any other section or provision thereof, nor shall
it invalidate any permit or determination which previously has been issued.
The
invalidity of any section or provision of this chapter shall not invalidate any
other section or provision thereof, nor shall it invalidate any permit,
approval or determination which previously has been issued.
A decision of the
Conservation Commission shall be reviewable in the superior court in accordance
with G.L. Ch. 249 §4.
or take any
other action relative thereto.
ARTICLE 22: (Planning
Board)
To see if the Town will vote
to adopt the following Stormwater Management Bylaw, a copy of which is also on
file with the Town Clerk:
1.0 PURPOSE
A) The purpose of this Bylaw is to protect,
maintain and enhance the public health, safety, environment and general welfare
of the Town of Northbridge by establishing minimum requirements and procedures
to control the adverse effects of increased post-development stormwater runoff
and nonpoint source pollution associated with new development and
redevelopment. It has been determined that proper management of
post-development stormwater runoff will minimize damage to public and private
property and infrastructure, safeguard the public health, safety, environment
and general welfare of the public, protect water and aquatic resources, and
promote groundwater recharge to protect surface and groundwater drinking
supplies. This Bylaw seeks to meet that purpose through the following
objectives:
1. Establish decision-making processes
surrounding land development activities that protect the integrity of watersheds
and preserve the health of water resources;
2. Require that new development,
redevelopment and all land conversion activities maintain the after-development
runoff characteristics that are equal to or less than the pre-development
runoff characteristics in order to reduce flooding, stream bank erosion,
siltation, nonpoint source pollution, property damage, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establish minimum post-development
stormwater management standards and design criteria for the regulation and
control of stormwater runoff quantity and quality; establish minimum design
criteria for the protection of properties and aquatic resources downstream from
land development and land conversion activities from damage due to increases in
volume, velocity, frequency, duration, and peak flow rate of storm water
runoff; Establish minimum design criteria for measures to minimize nonpoint
source pollution from stormwater runoff which would otherwise degrade water quality;
4. Establish design and application
criteria for the construction and use of structural stormwater control
facilities that can be used to meet the minimum post-development stormwater
management standards;
5. Encourage the use of nonstructural stormwater
management practices, stormwater better site design practices or “low-impact
development practices”, such as reducing impervious cover and the preservation
of greenspace and other natural areas, to the maximum extent practicable;
6. Establish provisions for the long-term
responsibility for and maintenance of structural stormwater control facilities
and nonstructural stormwater management practices to ensure that they continue
to function as designed, are maintained, and pose no threat to public safety;
7. Establish provisions to ensure there is
an adequate funding mechanism, including financial security or surety, for the
proper review, inspection and long-term maintenance of stormwater facilities
implemented as part of this Bylaw;
8. Establish administrative procedures for
the submission, review, approval or disapproval of stormwater management plans,
and for the inspection of approved active development projects, and long-term
follow up; establish certain administrative procedures and fees for the
submission, review, approval or disapproval of stormwater plans, and the
inspection of approved projects.
B) Nothing in this Bylaw is intended to replace
the requirements of either the Town of
2.0 DEFINITIONS
The following definitions shall apply in
the interpretation and implementation of this Bylaw. Additional definitions may
be adopted by separate regulation:
ALTERATION: Any activity that will
measurably change the ability of a ground surface area to absorb water or will
change existing surface drainage patterns. Alteration may be similarly
represented as “alteration of drainage characteristics,” and “conducting land
disturbance activities.”
BEST MANAGEMENT PRACTICE (BMP):
Structural, non-structural and managerial techniques that are recognized to be
the most effective and practical means to prevent and/or reduce increases in
stormwater volumes and flows, reduce point source and nonpoint source
pollution, and promote stormwater quality and protection of the environment.
“Structural” BMPs are devices that are engineered and constructed to provide
temporary storage and treatment of stormwater runoff. “Nonstructural” BMPs use
natural measures to reduce pollution levels, do not require extensive
construction efforts, and/or promote pollutant reduction by eliminating the
pollutant source.
BETTER SITE DESIGN: Site design
approaches and techniques that can reduce a site’s impact on the watershed
through the use of nonstructural stormwater management practices. Better site
design includes conserving and protecting natural areas and greenspace,
reducing impervious cover, and using natural features for stormwater
management.
GENERAL STORMWATER MANAGEMENT PERMIT
(GSMP): A permit issued for a development project that meets a set of pre-determined
standards outlined in the Regulations to be adopted by the Stormwater Authority under Section 4
of this Bylaw. By meeting these pre-determined standards, the proposed project
will be presumed to meet the requirements and intent of this Bylaw.
HOTSPOT: Land uses or activities with
higher potential pollutant loadings, such as auto salvage yards, auto fueling
facilities, fleet storage yards, commercial parking lots with high intensity
use, road salt storage areas, commercial nurseries and landscaping, outdoor
storage and loading areas of hazardous substances, or marinas.
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
G.L. c. 131 § 40 and the Massachusetts Clean Waters Act G.L. c. 21, §§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.
NEW DEVELOPMENT: Any construction or
land disturbance of a parcel of land that is currently in a natural vegetated
state and does not contain alteration by man-made activities.
NONPOINT SOURCE POLLUTION: Pollution
from many diffuse sources as opposed to discrete conveyances caused by water, rainfall
or snowmelt moving over or through the ground. As the runoff moves, it picks up
and carries away natural and human-made pollutants, finally depositing them
into water resource areas.
PERSON: Any individual, group of
individuals, association, partnership, corporation, company, business
organization, trust, estate, the Commonwealth or political subdivision thereof
to the extent subject to Town Bylaws, administrative agency, public or
quasi-public corporation or body, the Town of Northbridge, and any other legal entity, its legal
representatives, agents, or assigns.
PRE-DEVELOPMENT: The conditions that
exist at the time that plans for the land development of a site or parcel of
land are submitted to the Stormwater
Authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at
the time prior to the first plan submission shall establish pre-development
conditions.
POST-DEVELOPMENT:
The conditions that reasonably may be expected or anticipated to exist after
completion of the land development activity on a specific site or parcel of
land. Post-development refers to the phase of a new development or
redevelopment project after completion, and does not refer to the construction
phase of a project.
RECHARGE: The replenishment of
underground water reserves.
REDEVELOPMENT: Any construction, alteration,
or improvement involving land disturbance of more than 5,000 square feet, where the existing land use is
commercial, industrial, institutional, or multi-family residential.
STORMWATER AUTHORITY: The Stormwater
Authority is responsible for coordinating the review, approval and permit
process as defined in this Bylaw. The Stormwater
Authority shall be the Planning Board or its authorized delegates or
agents. The Planning Board shall have
the authority to delegate to other Town boards and commissions, including, but
not limited to, the Board of Health and the Conservation Commission, the duties
and responsibilities of the Stormwater Authority for those matters, within the
regulatory jurisdiction of such other boards and commissions, as may be set
forth in the Stormwater Regulations adopted under Section 4 of this Bylaw. Other boards and/or departments of the
Town may participate in the review process as described in such Stormwater
Regulations.
STORMWATER CREDITS: A form of incentive
for developers to promote conservation of natural and open space areas that may
be included in the Stormwater Regulations adopted by the Stormwater Authority
and may include provisions for reductions in stormwater management requirements
in recognition of the use of techniques to reduce stormwater runoff at the
site.
STORMWATER MANAGEMENT PERMIT (SMP): A
permit issued by the Stormwater
Authority, after review of an application, plans, calculations, and
other supporting documents, which is designed to protect the environment of the
Town from the deleterious affects of uncontrolled and untreated stormwater
runoff.
3.0 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.
4.0 ADMINISTRATION
A) The Stormwater Authority, shall administer, implement and enforce
this Bylaw. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated
in writing by the Stormwater Authority
to its employees or agents.
B) Stormwater Regulations. The Stormwater Authority may adopt, and
periodically amend, Stormwater Regulations to effectuate the purposes of this
Bylaw, including terms, conditions, definitions, enforcement, fees (including
application, inspection, and/or consultant fees), procedures and administration,
by majority vote, after conducting a public hearing to receive comments on the
regulations or any proposed revisions. Such hearing dates shall be advertised
in a newspaper of general local circulation, at least seven (7) days prior to
the hearing date. Failure by the Stormwater Authority to promulgate
such Stormwater Regulations or a legal declaration of their invalidity by a court
shall not act to suspend or invalidate the provisions of this Bylaw.
C) Stormwater Management Manual. The Stormwater Authority will utilize the
policy, criteria and information including specifications and standards of the
latest edition of the Massachusetts Stormwater Management Policy, or local equivalent, for execution of
the provisions of this Bylaw. This Policy includes a list of acceptable
stormwater treatment practices, including the specific design criteria for each
stormwater practice. The Policy may be updated and expanded periodically, based
on improvements in engineering, science, monitoring, and local maintenance
experience. Unless specifically altered in the Stormwater Regulations,
stormwater management practices that are designed, constructed, and maintained
in accordance with these design and sizing criteria will be presumed to be
protective of
D) General Permit. The Stormwater Authority shall have the
authority to develop a General Stormwater Management Permit (GSMP) for specific
types of projects, such as, without limitation construction of a deck, patio, retaining wall, existing
driveway expansion, shed, swimming pool, tennis or basketball court. Any
such General Stormwater Management Permit Requirements shall be defined and
included as part of any Stormwater Regulations promulgated pursuant to this
Bylaw.
E) Actions by the Stormwater Authority. The Stormwater
Authority may take any of the following actions on an application for a
Stormwater Management Permit as may be more specifically described in the Stormwater
Regulations promulgated pursuant to this Bylaw: Approval, Approval with
Conditions, Disapproval, or Disapproval without Prejudice.
F) Appeals of Action by the Stormwater Authority. A decision of
the Stormwater Authority shall
be final. Further relief from a decision by the Stormwater Authority made under this Bylaw shall be by petition
to the Superior Court in an action filed in accordance with M.G.L. Ch 249, §4.
G) Stormwater Credit System. The Stormwater Authority may adopt, as
part of the Stormwater Regulations, a Stormwater Credit System. This credit system will allow applicants the
option, if approved by the Stormwater
Authority, to take credit for the use of stormwater better site design
practices to reduce some of the requirements specified in the Regulations.
Failure by the Stormwater Authority to
promulgate such a credit system through its Stormwater Regulations or a legal
declaration of its invalidity by a court shall not act to suspend or invalidate
the provisions of this Bylaw.
H) Stormwater Facility Charges. The Stormwater Authority may adopt, as
part of the Stormwater Regulations, a system of stormwater facility charges,
pursuant to M.G.L. Chapter 83, Section 16. The Stormwater Authority shall administer, implement and enforce the
system of facility charges. Failure by
the Stormwater Authority to adopt
such a system of facility charges or a legal declaration of its invalidity by a
court shall not act to suspend or invalidate the provisions of this Bylaw.
5.0 APPLICABILITY
A) This Bylaw shall be applicable to all new
development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, grading applications, land use conversion
applications, any activity that will result in an increased amount of
stormwater runoff or pollutants flowing from the a parcel of land, or any
activity that will alter the drainage characteristics of a parcel of land,
unless exempt pursuant to Section 5.B) of this Bylaw. No person shall alter land within the Town of
B) Exemptions
The following
activities shall be exempt from the requirement of a Stormwater Management
Permit:
1. Any activity that will disturb an area
less than 5,000 square feet or
less than 25% of a
contiguous property, whichever is less.
2. Normal maintenance and improvement of
land in agricultural use as defined by the Wetlands Protection Act regulation
310 CMR 10.04 and MGL Chapter 40A Section 3.
3. Maintenance of existing landscaping,
gardens or lawn areas provided such maintenance does not include the alteration
of drainage patterns or expansion of the disturbed area;
4. Normal maintenance and repair of Town
owned public land, ways and appurtenances;
5. The construction of any fence that will
not alter existing terrain or drainage patterns;
6. Construction of utilities (gas, water,
electric, telephone, etc.) other than drainage, which will not alter terrain,
ground cover, or drainage patterns;
7. Repairs to any stormwater management
facility or practice to address an emergency that poses a threat to public
health or safety, or as deemed necessary by the Stormwater Authority;
8. Any work or projects for which all
necessary approvals and permits have been issued before the effective date of
this Bylaw;
C) Redevelopment projects are presumed to
meet the stormwater management requirements specified in the Stormwater
Regulations if the total
impervious cover is reduced by 40% from
existing conditions. Where site conditions prevent the reduction in impervious
cover, stormwater management practices shall be implemented to provide
stormwater controls for at least 40% of
the site’s impervious area. When a combination of impervious area reduction and
stormwater management practice implementation is used for redevelopment
projects, the combination of impervious area reduction and the area controlled
by a stormwater management practice shall equal or exceed 40%.
D) An alteration, redevelopment, or
conversion of land use to a hotspot such as, without limitation: auto salvage
yards, auto fueling facilities, fleet storage yards, commercial parking lots
with high intensity use, road salt storage areas, commercial nurseries and
landscaping, outdoor storage and loading areas of hazardous substances, or
marinas, shall require a Stormwater Management Permit.
6.0 PERMIT PROCEDURES
Permit
Procedures and Requirements shall be as described in the Stormwater Regulations
promulgated as permitted under Section 4 of this Bylaw.
7.0
ENFORCEMENT
The Stormwater Authority or an authorized agent of the Stormwater Authority shall enforce
this Bylaw, the Stormwater Regulations, orders, violation notices, and
enforcement orders issued thereunder, and may pursue all civil and criminal
remedies for such violations. Any person
who violates any provision of this Bylaw, the Stormwater Regulations or any
order or permit issued thereunder shall be punished by a fine of not more than
three hundred dollars ($300). Each day
during which a violation exists shall constitute a separate offense. As an alternative to criminal prosecution in
a specific case, the Stormwater Authority may issue citations pursuant to the
non-criminal disposition procedure set forth in G.L. ch. 40, §21D, as adopted
under §1-109 of the Code of the Town of Northbridge. For purposes of non-criminal disposition, the
penalty for a first offense shall be $100, for a second offense $200, and for a
third and subsequent offenses $300. Enforcement
shall be further described in the Stormwater Regulations promulgated under
Section 4 of this Bylaw.
8.0 SEVERABILITY
The
invalidity of any section, provision, paragraph, sentence, or clause of this
Bylaw shall not invalidate any other section, provision, paragraph, sentence,
or clause thereof, nor shall it invalidate any permit or determination that
previously has been issued;
or take any
other action relative thereto.
ARTICLE
23: (Planning Board)
To see if the
Town will vote to accept the provisions of Chapter 43D of the MA General Laws
as amended pursuant to Section 11 of Chapter 205 of the acts of 2006, and to
approve the filing of an application with the Interagency Permitting Board for
the designation of land at 670 Linwood Avenue (shown on Assessors' Map 5,
Parcels 39 & 47) as a Priority Development Site; or take any other action
relative thereto.
ARTICLE
24: (Planning Board)
To see if the
Town will vote to accept the provisions of Chapter 43D of the MA General Laws
as amended pursuant to Section 11 of Chapter 205 of the Acts of 2006, and to
approve the filing of an application with the Interagency Permitting Board for
the designation of land at 2040 Providence Road (shown on Assessors' Map 22,
Parcels 25 & 34) as a Priority Development Site; or take any other action
relative thereto.
ARTICLE
25: (Planning Board)
To see if the
Town will vote to accept the provisions of Chapter 43D of the MA General Laws
as amended pursuant to Section 11 of Chapter 205 of the acts of 2006, and to
approve the filing of an application with the Interagency Permitting Board for
the designation of land at 1164 Main Street (shown on Assessors' Map 1, Parcel
113), 1110 Main Street (shown on Assessors' Map 1, Parcel 114), 1096 Main
Street (shown on Assessors' Map 1, Parcel 115), 1160 Main Street (shown on
Assessors' Map 1, Parcel 185), and unnumbered Main Street land (shown on
Assessors' Map 1, Parcel 199) as a Priority Development Site; or take any other
action relative thereto.
ARTICLE
26: (Petition)
To
see if the Town will vote to accept as a public way, the alteration and
extension of Ash Street as heretofore laid out by the Board of Selectmen, a
copy of which layout is on file with the Town Clerk, and further authorize the
Board of Selectmen, in the name and behalf of the Town, to acquire by gift,
easements in said way for the purpose for which public ways are used in the
Town, including an associated drainage easement; or take any other action
relating thereto.
ARTICLE
27: (Petition)
To
see if the Town will vote to authorize the Board of Selectmen, in the name and
on behalf of the Town, to acquire by gift, an easement and right-of-way for the
purpose of maintaining, repairing and replacing a surface water drain and
appurtenant structures in and over a parcel of land on the northwesterly side
of Church Street, bounded and described as follows:
BEGINNING at a
point on the northwesterly sideline of
THENCE S.
40° 56’ 40” W., 33.99 feet along the northwesterly line of
THENCE N.
04° 54’ 21” E., 180.34 feet to the
THENCE N.
19° 46’ 48” E., 94.03 feet by the
THENCE S.
49° 03’ 20” E., 20.16 feet by land of said Church to a point;
THENCE S.
48° 06’ 31” W., 29.85 feet to a point;
THENCE S.
04° 54’ 21” W., 210.11 feet to the point of beginning.
Containing
4.421 square feet of area, more or less, and together with the existing drain
line located within said easement area; or take any other action relating
thereto.
And
you are directed to serve this warrant by posting attested copies thereof at
the Whitinsville Post Office, Town Clerk's Office, and Brian's Restaurant in
Linwood, all in Precinct 1; Office of
Polyfoam Corp., and Gary's Variety in Northbridge in Precinct 2; North Main Variety, in said Whitinsville in
Precinct 3; the Northbridge Post Office
and Northbridge Center Congregational Church Bulletin Board in Precinct 4; twenty-eight (28) days at least before the
time and place of meeting aforesaid.
WHEREOF FAIL NOT,
and make due return of the warrant, with your doings thereon, to the Town Clerk
at the time and place of said meeting.
GIVEN under our hand this 4th day of April in the year Two
Thousand Eight.
John A. Davis William
J. Audette, Chairman
Joseph J. Montecalvo