Canton, Massachusetts · Saved source text

(2-25-26 Document #3) Article 32

Town Meeting · Record date 2026-02-25 · Record 5901862c6482e82ecf

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ARTICLE 32

AMEND GENERAL BYLAW ARTICLE XX/ STORMWATER MANAGEMENT
Article 32 To see if the Town will vote to amend General Bylaw Article XXI as follows with new
language in bold and deleted language in strikethrough.

STORMWATER MANAGEMENT

1.      PURPOSE AND OBJECTIVE

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A.       The purpose of this bylaw is to protect public health, safety, general welfare, and
environment by controlling the adverse effects of construction site stormwater runoff and post­
construction runoff from new development and redevelopment. The construction phase and
post-development impacts of stormwater runoff quantity and quality can adversely affect
public safety, public and private property, surface water drinking water supplies, groundwater
drinking water supplies, recreation, aquatic habitats, fish and other aquatic life, property
values, and other uses of lands and waters.

B.       The objectives of this bylaw are to:

1.     Protect water resources;

2.     Comply with state and federal statutes and regulations relating to stormwater
discharges;
3.      Prevent and reduce pollutants from entering the Town of Canton's municipal separate
storm sewer system (MS4);

4.       Establish minimum construction and post construction stormwater management
standards and design criteria for the regulation and control of stormwater runoff quantity and
quality;

5.       Require 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, unless proven to
be infeasible;

6.      Establish provisions for the long-term responsibility fe.f and maintenance of structural
stormwater control facilities and nonstructural stormwater best management practices to
ensure that they continue to function as designed and are perpetually maintained;

7.       Establish administrative procedures and fees for the submission, review, approval or
disapproval of stormwater management plans, af½e for the inspection of approved active
projects, and long-term follow up;

8.      Ensure that there is an adequate funding mechanism, including surety, for the proper
review of applications, inspection of projects, and assurance of the long-term maintenance of
stormwater facilities implemented as part of this Bylaw;

9.      Recognize Canton's legal authority to ensure compliance with the provisions of this
bylaw through inspection, monitoring, and enforcement;

10.     Require, through issuance of a Major or Minor Stormwater Management Permit, and
through an inspection program described in the Stormwater Management Rules and

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Regulations, the proper management of construction phase soil erosion and sediment control
to minimize or eliminate erosion and maintain sediment on site so that it is not transported in
stormwater runoff and allowed to discharge to a water of the U.S through Canton's drainage
system, as required by the Town of Canton's Small Municipal Separate Storm Sewer System
(MS4) General Permit issued by the United States Environmental Protection Administration
(EPA).

2.       APPLICABILITY
A.        No person may undertake a construction activit·t or land disturbance activity, including
clearing, grading, excavation or redevelopment that will disturb or alter an area equal to or
greater than 20,000 1,000 square feet without a Major or Minor Stormwater Management
Permit approved by a majority of the Stormwater Authority members or as otherwise provided
in this Bylaw. Any person that fails to follow the requirements of a Major or Minor Stormwater
Management Permit, including and the related Erosion and Sediment Control Methods P-1-a-R
and Operations and Maintenance Plan, shall be in violation of this Bylaw.

1.       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 a parcel of land, or any activity that will alter the drainage
characteristics of a parcel of land, unless exempt pursuant to Section 2.C of this Bylaw. All new
development and redevelopment under the jurisdiction of this Bylaw as prescribed in this
Bylaw shall be required to obtain a Major or Minor Stormwater Management Permit.

2.      The holder of a Major or Minor Stormwater Management Permit must employ
sediment and erosion control at the permitted construction site in accordance with aft Erosion
and Sediment Control P-1-a-R Methods approved by the Stormwater and/or Erosion and
Sediment Control Authority. =!=Re Proposed Erosion and Sediment Control-P-1-a-R Methods must
be prepared designed in accordance with the Canton Stormwater Management Rules and
Regulations and the "Massachusetts Erosion and Sediment Control Guidelines for Urban and
Suburban Areas", May 2003 (or as modified). Proposed Erosion and Sediment Control
Methods shall be shown on all site development plans.

B.       Hotspots - 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 businesses, outdoor storage and loading areas of hazardous substances, shall
require a Major or Minor Stormwater Management Permit.

C.     Exemptions - The following activities are exempt from the requirement to obtain
a Major or Minor Stormwater Management Permit:

1.      Any activity that will alter an area less than 20,000 1,000 square feet, with the
exception of any projects which file for a Stormwater Management Permit between the

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effective date of this Bylaw and prior to after August 30, 2020, for which the threshold will be
� 20,000 square feet of disturbance or less than 25% of a contiguous property, whichever is
less. This exception may not be applied for contiguous properties held in common ownership at
the time of adoption of this Bylaw that may have been previously subdivided and/or are
attributed to multiple separate owners.

2.     Normal maintenance and improvement of land in agricultural use as defined by the
Wetlands Protection Act.

3.      Maintenance of existing landscaping, gardens or lawn areas associated with a single
family dwelling.

4:-     Repair or replacement of an e�cisting roof of a single family dv.'elling.
4.§.      The construction of any fence that will not alter existing terrain or drainage patterns.

5.&       Construction or repair of utilities (gas, water, sewer, electric, telephone, etc.) other
than drainage, which will not alter terrain, ground cover, or drainage patterns.

6.-7-:-    Emergency repairs to any stormwater management system, facility or practice that
poses a threat to public health or safety, or as deemed necessary by the Conservation
Commission Stormwater Authority.

7.8-:     Any work or projects for which all necessary approvals and permits have been issued
before the effective date of this Bylaw.

D.         Nothing in this Bylaw is intended to replace the requirements of the Town of Canton
Zoning Bylaw, Town of Canton Land Subdivision Rules and Regulations, Flood Plain Overlay
District, the Town of Canton Wetlands Protection Bylaw, the Consolidated Drainage Bylaw or
any other Bylaw that may be adopted by the Town of Canton. Any activity subject to the
provisions of the above cited Bylaws must comply with the specifications of each. Nothing in
this Bylaw is intended to replace the requirements of construction site operators to comply
with the terms and conditions of EPA's Construction General Permit.

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.

4.      ADMINISTRATION

A.       The Conservation Commission Board of Public Works or its authorized Agent(s) shall
administer, implement and enforce this Bylaw. Any powers granted to or duties imposed upon
the Commission Board of Public Works may be delegated in writing by the Commission Board
of Public Works to its employees or agents.

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B.         Stormwater Management Rules and Regulations. The Censervatien Commission Board
of Public Works may adopt, and periodically amend, rules and regulations relating to the terms,
conditions, definitions, enforcement (including sanctions for violation), fees (including
application, inspection, and/or eensultant technical review fees), procedures and
administration of this Stormwater Management Bylaw by majority vote of the Commissien
Board of Public Works 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 seven (7) days prior to the hearing date. After public notice and public hearing, the
Cemmissien Board of Public Works may promulgate rules and regulations to effectuate the
purposes of this Bylaw. Failure by the Cemmissien Board of Public Works to promulgate such
rules and regulations or a legal declaration of their invalidity by a court shall not act to suspend
or invalidate the effect of this Bylaw. As revisions to this Bylaw may precede updates to the
Stormwater Management Rules and Regulations, in case of conflict, this Bylaw shall govern and
the Censervation- Commissien Board of Public Works and its authorized Agent(s) may waive
provisions of the Stormwater Management Rules and Regulations which are in conflict with
this Bylaw. Applicants should consult with the Censervation Agent Stormwater Authority.

C.          Massachusetts Stormwater Handbook. The Censervation Commissiern Stormwater
Authority, at a minimum, may utilize the policy, criteria and information including
specifications and standards of the latest edition of the Massachusetts Stormwater Handbook
for execution of the provisions of this Bylaw. This Handbook includes a list of acceptable
stormwater treatment practices, including the specific design criteria for each stormwater
practice. The Handbook may be updated and expanded periodically, based on improvements in
engineering, science, monitoring, and local maintenance experience. Unless specifically altered
revised in the Stormwater Management Rules and Regulations, stormwater management
practices that are designed, constructed, and maintained in accordance with the Handbook will
be presumed to be protective of Massachusetts water quality standards.

D.-       Major or Minor Stormwater Management Permit. The Conservatien-Commission
Board of Public Works shall have the authority to adopt rules and regulations further defining
the Major or Minor Stormwater Management Permit (SMP) for projects as described in section
2.A.

E.          Actions by the Censervatien-Cemmissien Stormwater Authority. The Conservation
Ceramissien Stormwater Authority may take any of the following actions as a result of an
application for a Major or Minor Stormwater Management Permit as more specifically defined
as part of Stormwater Management Rules and Regulations promulgated pursuant to this
Bylaw: Approval, Approval with Conditions, Denial, or Denial without Prejudice.

F.          Appeals of Action by the Gerservatien Commission Stormwater Authority. A decision
of the Censervatien-Ceramissien Stormwater Authority shall be final. Further relief of a
decision by the Conservation Commission Stormwater Authority made under this Bylaw shall
be appealed to a court of competent jurisdiction.

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G.        Stormwater Utility. The Select Board may adopt, pursuant to any applicable law or
Bylaw, a Stormwater Utility pursuant to M.G.L. Chapter 83 Section 16 and Chapter 40 Section
1A. The Select Board shall administer, implement, and enforce this Utility. Failure by the Canton
Select Board to promulgate such a Stormwater Utility through its Regulations or a legal
declaration of its invalidity by a court shall not act to suspend or invalidate the effect of the
other provisions of this Bylaw.

H.          Stormwater Management Design Credit System. The Canten-Censervation
commission Board of Public Works may adopt, through the Stormwater Management Rules
and Regulations authorized by this Stormwater Management Bylaw, a Stormwater
Management Design Credit System. This credit system will allow applicants the option, if
approved by the Cemmissier Board of Public Works, to take credit for the use of stormwater
low impact design practices to reduce some of the requirements specified in the criteria section
of the Regulations. Failure by the Geramission Board of Public Works to promulgate such a
credit system through its Regulations or a legal declaration of the invalidity of the credit system
by a court shall not act to suspend or invalidate the effect of the other provisions of this Bylaw.

5.          PROCEDURES

Permit Procedures and Requirements shall be defined and included as part of any rules and
regulations promulgated as permitted under Section 4.B. of this Bylaw. As revisions to this
Bylaw may precede updates to the Stormwater Management Rules and Regulations, in case of
conflict, this Bylaw shall govern and the Censervatien Cemmissien Stormwater Authority and
or its authorized Agent(s) may waive provisions of the Stormwater Management Rules and
Regulations which are in conflict with this Bylaw. Applicants should consult with the

Censervatien Agent Stormwater Authority.

6.         ENFORCEMENT

The Conservatien-Cemmissien Stormwater Authority and Erosion and Sediment Control
Authority as eran authorized agent(s} of the Conservatien Commission Board of Public Works
shall enforce this Bylaw, regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations. Enforcement shall be further
defined and included as part of any Stormwater regulations promulgated as permitted under
Section 4.B. of this Bylaw.

7.        COORDINATION WITH OTHER TOWN DEPARTMENTS

Any person filing a permit application with the Gerservatien-Commissien Stormwater
Authority shall submit a copy thereof at the same time, by email, certified mail, or hand
delivery, to the Select Board, Planning Board, BPM-Engineering Department DPM-Engineering
Department, Conservation Commission, Board of Appeals, Board of Health, Fire Chief and
the Building inspector. The person filing such application shall at the same time submit to the
Censervation-Commissien Stormwater Authority a written notice that these copies have been
submitted to these ether boards, departments and officials. The Censervatien-Commissien
Stormwater Authority shall not take final action on an application until such boards,

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departments and officials have had fourteen calendar days from their receipt to submit written
comments, if any, to the Conservatiern-Cemmission Stormwater Authority. The applicant shall
have the right to receive such written comments, if any, and to respond to them, if desired,
prior to final action.

8.         DEFINITIONS
The following definitions shall apply in the interpretation and implementation of this
Bylaw. Additional definitions may be adopted by separate regulation:

ALTER: Any activity which will measurably change the ability of a ground surface area to absorb
water or will change existing surface drainage patterns. Alter may be similarly represented as
“alteration of drainage characteristics,” and “conducting land disturbing activities.”

AUTHORIZED AGENT(S): A Town of Canton department, board or employee that has been
granted the authority to act on behalf of the Board of Public Works regarding implementing
the Stormwater Management Bylaw and Stormwater Management Rules and Regulations.
Authorized agents include, but not limited to, the Stormwater Authority and the Erosion and
Sediment Control Authority as defined in this Bylaw.

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 runoff 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 (e.g. policies or procedures such
as enhanced street sweeping), and/or promote pollutant reduction by eliminating the pollutant
source.

EROSION AND SEDIMENT CONTROL AUTHORITY: The Town of Canton Conservation
Commission or its authorized agent.

EROSION AND SEDIMENT CONTROL METHODS PLAN: A-decumentcontaining ANarrative,
drawings, and details developed by a qualified professional engineer (PE) or a Certified
Professional in Erosion and Sediment Control (CPESC) which includes best

management practices or equivalent measures designed to control surface runoff, erosion and
sedimentation during pre-construction and construction related land disturbing activities in
accordance with requirements of this bylaw.

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.

GRADING: Changing the level or shape of the ground surface.

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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.

LAND-DISTURBING ACTIVITY (also referred to as LAND DISTURBANCE, DISTURBANCE OF LAND
and LAND ALTERATION): Any activity that causes a change in the position or location of soil,
sand, rock, gravel, or similar earth material; results in an increased amount of runoff or
pollutants; measurably changes the ability of a ground surface to absorb waters, involves
clearing (of soil, trees or vegetation) and grading, and/or results in an alteration of drainage
characteristics.

LOW IMPACT DESIGN (formerly 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. Also known as environmentally sensitive design, low impact design
includes conserving and protecting natural areas and greenspace, reducing impervious cover,
and using natural features for stormwater management.

MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The Standards issued by the
Massachusetts Department of Environmental Protection, as further defined in the
Massachusetts Stormwater Handbook, 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 Massachusetts Clean Waters Act G.L. c. 21, §. 23-
56. The Standards address 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.

MAJOR STORMWATER MANAGEMENT PERMIT: Required prior to any construction activity
or land disturbance, including clearing, grading, excavation, or redevelopment that may result
in the disturbance of:
e 3,000 square feet or more of land area for all properties except Single Family
Residential and Two-Family Residential Properties,
e Exceptions as noted in Section 5.0(A) of the Stormwater Management Rules and
Regulations.

MINOR STORMWATER MANAGEMENT PERMIT: Required prior to any construction activity of
land disturbance, including clearing, grading, excavation, or redevelopment that may result in
the disturbance of:
e 1,000 square feet or more of land area for Single Family and Two-Family Residential
Properties;
e 1,000 to 2,999 square feet of land area for all other properties;
Exceptions as noted in Section 5.0(A) of the Stormwater Management Rules and
Regulations

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MS4 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN
SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater,
including any road with a drainage system, street, gutter, curb, inlet, piped storm drain,
pumping facility, retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise the storm drainage
system owned or operated by the Town of Canton.

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 caused by rainfall or
snowmelt moving over and 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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE
PERMIT: A permit issued by United States Environmental Protection Agency or jointly with the
Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the

United States.

OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system in perpetuity to ensure that it continues to function as designed.

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 Canton and any other legal entity, its legal representatives, agents, or
assigns.

POLLUTANT: Any element or property of sewage, agricultural, industrial or commercial waste,
runoff, leachate, heated effluent, or other matter, whether originating at a point or nonpoint
source, that is or may be introduced into any sewage treatment works, stormwater
management system or facility, watercourse, or Waters of the Commonwealth. Pollutants
include, but are not limited to:

i.           Paints, varnishes, and solvents;

ii.          Oil and other automotive fluids;
iii.         Nonhazardous liquid and solid wastes and yard wastes;

iv.        Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance,
accumulations and floatables;

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v.        Pesticides, herbicides, and fertilizers;

vi.        Hazardous materials and wastes;

vii.       Sewage, fecal coliform and pathogens;
viii.      Dissolved and particulate metals;

ix.         Animal wastes;

x.          Rock, sand, salt, soils;

xi.        Construction wastes and residues; and
xii.        Noxious or offensive matter of any kind.

PRE-CONSTRUCTION: All activities in preparation of construction.

PRE-DEVELOPMENT: The conditions that exist at the time that plans for the development of a
tract of land are submitted to the Canton Censervatien-Ceramissien 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.

RECHARGE: Fhe
percolation of runoff-and surface into the soll-The pr process of replenishing eroundwater

through the infiltration of surface water, such as precipitation or treated stormwater runoff,
into the underlying soil and eventually reaching the groundwater table.

REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites resulting in the decrease of impervious surface area. The creation
of new areas of impervious surface or new areas of land disturbance on a site constitutes
development, not redevelopment, even where such activities are part of a common plan which
also involves redevelopment. Redevelopment includes maintenance and improvement of
existing roadways including widening less than a single lane, adding shoulders, correcting
substandard intersections, improving existing drainage systems and repaving; and remedial
projects specifically designed to provide improved stormwater management such as projects to
separate storm drains and sanitary sewers and stormwater retrofit projects.

SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
original to another location; the product of erosion processes.

SEDIMENTATION: The process or act of deposition of sediment.

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SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or
will be performed.

STORMWATER AUTHORITY: The Town of Canton Conservation-Commission Superintendent of
Public Works or its their authorized agent(s). The Genservation- Commission Superintendent of
Public Works or their authorized agent(s) is responsible for coordinating the review, approval
and permit process as defined in this Bylaw. Other Boards and/or departments participate in
the review process as defined in the Stormwater Management Rules and Regulations adopted
by the Canservatien-Commissien Board of Public Works.

ManagementSermices,

STORMWATER MANAGEMENT SYSTEMS AND FACILITIES: Including, but not limited to,
natural and man-made channels, swales, ditches, rivers, streams, brooks, creeks, wetlands,
branches, reservoirs, ponds, drainageways, drainage structures, conveyances, storm drains,
catch basins, inlets, gutters, pipes, culverts, bridges, headwalls, storm sewers, lakes, outfalls,
and other physical works, properties, and improvements that collect, transport, transfer,
control, pump, treat, convey, detain, retain, dispose of, or otherwise influence the movement
of stormwater runoff.

STORMWATER UTILITY: A specific management structure for the Stormwater Management
Utility Fee, in which a municipal utility is established te-administerthe fee for the Town to
provide and the Stormwater Management Pregram Services similar to a water or sewer utility.
Refer to the Canton Stormwater Utility Rules and Regulations.

STORMWATER UTILITY FEE: The periodic user fee imposed by the Town of Canton for providing
stormwater management services. Refer to the Canton Stormwater Utility Rules and
Regulations.

WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth,
including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries,
wetlands, coastal waters, groundwater, and Waters of the United States as defined under the
Federal Clean Water Act as hereafter amended.

9.          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 to take any other action related thereto.

Select Board

MOVED: That General Bylaw Article XXI STORMWATER MANAGEMENT be amended as presented
in the warrant.

FINANCE COMMITTEE VOTE: -

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DISCUSSION:

[Original embedded text, retained for comparison]
MOVED: That General Bylaw Article XXI STORMWATER MANAGEMENT be amended as presented
in the warrant.

FINANCE COMMITTEE VOTE: -

DISCUSSION: