Canton, Massachusetts · Saved source text

2020 Attorney General letter (PDF) pdf file

Town Meeting · Record year 2020 · Record d3de07fce746628450

Saved text from 15 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608

Maura HEAbey
(508) 792-7600

ATTORNEY GENERAL                                                                                  (508) 795-1991 fax
WWw.imass.gov/ago

October 28, 2020

Tracy Kenney, Town Clerk
Town of Canton

801 Washington Street
Canton, MA 02021

Re: Canton Annual Town Meeting of June 22, 2020 -- Case # 9878
Warrant Article # 52 (Zoning)
Warrant Articles #36 and 42 (General)

Dear Ms. Kenney:

Article 42 - We approve Article 42 from the June 22, 2020 Canton Annual Town
Meeting.!

Article 36 - The Attorney General’s deadline for a decision on Article 36 is extended for
an additional 30 days under the authority conferred by G.L. c. 40, § 32, as amended by Chapter
299 of the Acts of 2000. The agreement with Town Counsel for a 30-day extension is attached
hereto. We will issue our decision on Article 36 on or before December 1, 2020.

Article 52 - Because of a procedural defect in the adoption of Article 52, the Attorney
General has elected to proceed under the authority conferred by G.L. c. 40, § 32, as amended by
Chapter 299 of the Acts of 2000, and place this Article on “hold.”

In the materials submitted to us the Town has certified the following information
pursuant to G.L. c. 40, § 32, and c. 40A, § 5: (1) the Planning Board Hearing notice was posted
on February 14, 2020 for a Planning Board Hearing to be held on February 19, 2020, Therefore,
the Planning Board Hearing notice was not posted at least fourteen days prior to the Hearing, as
required by G.L. c. 40A, § 5; and (2) the Planning Board Hearing notice was posted on the Town
website, but was not posted “in a conspicuous place in the...town hall,” as required by G.L. c.
40A, §5. Apart from these defects, the notice appears to satisfy the requirements of the statute.

' The posted Warrant called for Town Meeting to be held on May 11, 2020. However, in accordance with G.L. c.
39, § 10A (as amended by Chapter 53 of the Acts of 2020), Town Meeting was postponed two times as follows: (1)
from May 11, 2020 to June 11, 2020; and (2) from June 11, 2020 to June 22, 2020. Town Meeting was held on June
22, 2020.

Therefore, the 90-day period prescribed for the Attorney General’s review of Article 52 is
suspended in accordance with G.L. c. 40, § 32.

A signed copy of Form 299 is enclosed. Once the procedures outlined in Form 299 are
completed, and after the expiration of the 21-day period required by Chapter 299 of the Acts of
2000, please return a copy of Form 299 to us along with your certification that a true copy has
been posted and published as required by Chapter 299. Please feel free to contact this Office
with any questions about this procedure.

Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting
and publishing requirements are satisfied unless a later effective date is prescribed in the
by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the
date they were approved by the Town Meeting, unless a later effective date is prescribed in
the by-law.

Very truly yours,

MAURA HEALEY
ATTORNEY GENERAL

By: Nicole B. Caprioli
Assistant Attorney General
Municipal Law Unit

10 Mechanic Street, Suite 301
Worcester, MA 01608

(508) 792-7600 ext. 4418

ce: Town Counsel Paul DeRensis

ANNUAL TOWN MEETING
TOWN OF CANTON
JUNE 22, 2020
ARTICLE 42
ADOPTED UNDER THE CONSENT AGENDA

ARTICLE 4

ACT ON “CONSENT AGENDA”
Article 4 To see If the Town will vote to dispose of certain articles in this warrant by a single vote, In accordance with

a so-called “consent agenda” or to take any other action related thereto.
Board of Sefectmen

MOVED:         That the following articles be disposed of by a single vote, in accordance with the inance
Committee motions as printed in the report of the Finance Committee: 5, 6, 9, 10, 11, 13, 17, 19, 20, 37,
38, 40, 44 and 53.

FINANCE COMMITTEE VOTE: 8-0-0

Tim McKenna, Chalrperson of the Finance Committee, moved a substitute motion that the following articles be
disposed of by a single vote, In accordance with the Finance Cormmittee motions as printed in the report of the Finance
Committee: Articles 7, 8, 11, 25 (clerical error In dollar amount, correct amount is $965,229.28), 18, 20, 23, 28, 29,
31, 34, 36, 39 and 42

Substitute motion adopted.

ADOPTED UNANIMOUS VOICE VOTE

AMEND GENERAL BYLAWS - CHANGE “BOARD OF SELECTMEN” TO “SELECT BOARD”

Article 42 To see If the Town will vote to amend the Town of Canton’s General By-laws by replacing, In each Instance
In which they appear: (1) the words “Board of Selectmen”, “Board of Selectman”, “Board”, or “Selectmen”, when such
terms reference the entire Board, with the term “Select Board”; (2) the term “Selectman” with “Select Board
member“; (3) the term “Chalrman” with the term “Chalr’; and the term "Vice Chalrman” to “Vice Chair” and (4) the
words “He”, “His” or “Him” to "They", *Theirs” or “Them”; and to change any other gender specific pronouns to gender
neutral pronouns or to take any action related thereto, provided, however, that this bylaw amendment shall take effect
only after all the provisions of M.G.L c. 40, 5.32 have been met; or to take any other action related thereto,

iy                       rf:

MOVED:      That the General By-Laws be amended by replacing, In each Instance In which they
appear: (1) the words “Board of Selectmen”, “Board of Selectman”, “Board”, or “Selectmen”, when such
terms reference the entire Board, with the term “Salect Board”; (2) the term “Selectman” with “Select
Board member"; (3) the term “Chalrman” with the term “Chalr’; and the term “Vice Chalrman” to “Vice
Chale” and by changing any other gender specific pronouns to gender neutral pronouns, provided,
however, that this bylaw amendment shall take effect only after all the provisions of M,G.L c. 40, 5,32 have
been met.

FINANCE COMMITTEE VOTE: 7-0-0

Attest:

)
MAL     Ke Canes D

Tracy K, Kenng) , Canton Town Clerk,

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) Permit Issued by the United States Environmental

Protection Administration (EPA).
2.             APPLICABILITY

AY          No person may undertake a construction activity or land disturbance, Including clearing, grading,
excavation or redevelopment that will disturb or alter equal to or greater than 20,000 square feet without a
Stormwater Management Permit approved by a majority of the Stormwater Authority members or as otherwise
provided In thls Bylaw. Any person that fails to follow the requirements of a Stormwater Management Permit and
the related Erosion Control Plan, and Operations and Maintenance Plan, shall be tn violation of this Bylaw.

i          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 tand, or any
activity that will alter the dralnage characteristics of a parcel of land, untess 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 Stormwater Management Permit.

2.           The holder of a Stormwater Management Permit must employ sediment and erosion control at the
permitted construction site In accordance with an Eroslon Control Plan approved by the Stormwater Authority, The
Eroslon Control Plan must be prepared In accordance with the Canton Stormwater Regulattons and the
“Massachusetts Eroston and Sediment Control Guidelines for Urban and Suburban Areas”, May 2003 (or as

modified),

B.          Hotspots - An alteration, redevelopment, or conversion of land use to a hotspot such as, without
limitation: auto salvage yards, auto fueling facliitles, 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 Stormwater Management Permit.

Cc.          Exemptions ~ The following activities are exempt from the requirement to obtain a Stormwater
Management Permit:

1.           Any activity that will alter an area less than 20,000 square feet, with the exception of any projects which
file for a Stormwater Management Permit between the effective date of thls Bylaw and prior to August 30, 2020,
for which the threshold will be 5,000 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
Ume of adoption of this Bylaw that may have been previously subdivided and/or are attributed to multiple separate

owners,

2.           Normal malntenance 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.           Repalr or replacement of an existing roof of a single-family dwelling.

5.           The construction of any fence that will not alter existing terraln or drainage patterns.

6,          Construction or repair of utilities (gas, water, electric, telephone, etc.) other than drainage, which will

not alter terraln, ground cover, or drainage patterns,

7           Emergency repairs to any stormwater management facllity or practice that poses a threat to public
heaith or safety, or as deemed necessary by the Conservation Commission.

8g.          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, Flood
Plain Overlay District, the Town of Canton Wetlands Protection Bylaw, the Consolidated Dralnage 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 Conimission or Its authorized Agent(s) shall administer, Implement and enforce this
Bylaw. Any powers granted to or duties Imposed upon the Commission may be delegated In writing by the
Commission to Its employees or agents.

B,           Stormwater Regulations, The Conservation Commission may adopt, and perlodically amend, rules and
regulations relating to the terms, conditions, definitions, enforcement (including sanctions for violation), fees
(including application, inspection, and/or consultant fees), procedures and administration of this Stormwater
Management Bylaw by majority vote of the Commission after conducting a public hearing to recelve 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 Commission may promulgate
rules and regulations to effectuate the purposes of this Bylaw. Fallure by the Commission to promulgate such rules
and regulations or a legal declaration of thelr 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 Regulations, In case of conflict, this
Bylaw shall govern and the Conservation Commission and its Agent may walve provisions of the Stormwater
Regulations which are In conflict with this Bylaw. Applicants should consult with the Conservation Agent.

C          Massachusetts Stormwater Handbook. The Conservation Commission, 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, sclence, monitoring, and local
maintenance experience. Untess specifically altered in the Stormwater 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.           Stormyater Management Permit. The Conservation Commission shall have the authority to adopt rules
and regulations further defining the Stormwater Management Permit (SMP) for projects as described In section
2A,

E,          Actlons by the Conservation Commission. The Conservation Commission may take any of the following
actions as a result of an application for a Stormwater Management Permlt as more specifically defined as part of
Stormwater Regulations promulgated pursuant to this Bylaw: Approval, Approval with Conditions, Denial, or Denial
without Prejudice,

F.          Appeals of Action by the Conservation Commission. A decision of the Conservation Commission shall be
final. Further rellef of a decision by the Conservation Commission made under this Bylaw shall be appealed to a
court of competent jurisdiction.

G.          Stormwater Utility, The Board of Selectman may adopt, pursuant to any applicable law or Bylaw, a
Stormwater Utility pursuant to M.G.L, Chapter 83 Section 16 and Chapter 40 Sectlon 1A. The Board of Selectman
shall administer, Implement, and enforce this Utility. Fallure by the Canton Board of Selectman to promulgate such

a Stormvater 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 Credit System. The Canton Conservation Commission may adopt, through the Regulations
authorized by this Stormwater Management Bylaw, a Stormwater Credit System. This credit system will allow
applicants the option, if approved by the Commisston, 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. Fallure by the
Commission 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 Regulations, in case of conflict, this Bylaw shall govern and the Conservation Commission and Its Agent
may waive provisions of the Stormwater Regulations which are In conflict vith this Bylaw. Applicants should consult
with the Conservation Agent.

6.                ENFORCEMENT

The Conservation Commission, or an authorized agent of the Conservation Commission shali 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 Conservation Commission shall submit a copy thereof at the same
time, by email, certified mail, or hand delivery, to the Board of Selectmen, Planning Board, DPW Engineering
Department, Board of Appeals, Board of Health, and the Bullding Inspector. The person filing such application
shall at the same time submit to the Conservation Commission a written notice that these copies have been
submitted to these other departments. The Conservation Commission shall not take final action on an application
until such boards and officials have had fourteen calendar days from thelr receipt to submit written comments, If
any, to the Conservation Commission. 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:

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

B.          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 nonpolnt 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,

og          EROSION AND SEDIMENT CONTROL PLAN: A document containing narrative, drawings, and details
developed by a qualified professional engineer (PE) or a Certified Professional In Erosion and Sediment Control
(CPFSC) which Includes best management practices or equivalent measures designed to control surface runoff,
erosion and sedimentation during pre-constructlon and construction related land disturbing activities In accordance
with requirements of this bylaw.

oD.          EROSION: The wearing avay of the land surface by natural or artifictal forces such as wind, water, Ice,
gravity, or vehicle traffic and the subsequent detachment and transportation of soll particles.

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

iD           HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as auto salvage yards,
auto fueling facllities, fleet storage yards, commercial parking lots with high Intensity use, road salt storage areas,
commercial nurserles and landscaping, outdoor storage and loading areas of hazardous substances, or marinas,

G         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 soll, 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 dralnage characteristics.

H.          LOW IMPACT DESIGN (formerly Better Site Design): Site design approaches and techniques that can
reduce a stte’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.

1            MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The Standards tssued by the
Massachusetts Department of Environmental Protectlon, as further defined In the Massachusetts Stormwater
Handbook, as amended, that coordinates the requirements prescribed by state regulatlons 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 poilutants from reaching water bodies and contro! the quantity of runoff from a site,

J,            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 dralnage
system, street, gutter, curb, inlet, plped storm drain, pumping facility, retention or detention basin, natural or
man-made or altered dralnage channel, reservoir, and other drainage structure that together comprise the storm
dralnage system owned or operated by the Town of Canton.

K.           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

L.            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,

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

N,          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 to insure that It
continues to function as designed.

oO.         PERSON: Any Individual, group of Individuals, assoctation, partnership, corporation, company, business
organization, trust, estate, the Commonwealth or political subdivision thereof ta 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.

P,           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, watercourse, or Waters of the Commonwealth. Pollutants include, but

are not limited to:

1                Paints, varnishes, and solvents;

M.              Oil and other automotive fluids;

ili.          Nonhazardous liquid and solid wastes and yard wastes;

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

v.          Pesticides, herbicides, and fertilizers;

vi.         Hazardous materials and wastes;

vil.         Sewage, fecal collform and pathogens;

vill.        Dissolved and particulate metals;

Ix.          Animal wastes;

x         Rock, sand, salt, solls;

xl.          Construction wastes and residues; and

xii.          Noxlous or offensive matter of any kind.

Q.         PRE-CONSTRUCTION:; All activities In preparation of construction.

R.           PRE-DEVELOPMENT: The conditions that exist at the time that plans for the development of a tract of

land are submitted to the Canton Conservation Commission. Where phased development or plan approval occurs
(preliminary grading, roads and utllitles, ete,), the existing conditions at the time prior to the first plan submission
shall establish pre-development conditions,

s,          RECHARGE: The process by which groundwater Is replenished by precipitation through the percolation of
runoff and surface into the soil.

T.          REDEVELOPMENT: Development, rehabilitation, expansion, demolition, constructlon, land alteration, or
phased projects that disturb the ground surface, Including Impervious surfaces, on previously developed sites, The
creation of new areas of impervious surface or new areas of land disturbance on a site constitutes development,
not redevelopment, even where such activitles are part of a common pian which also Involves redevelopment.
Redevelopment Includes maintenance and Improvement of existing roadways Including widening less than a single
tane, adding shoulders, correcting substandard Intersections, Improving existing dralnage systems and repaving;
and remedial projects specifically designed to provide Improved stormwater management such as projects to
separate storm drains and sanltary sewers and stormwater retrofit projects,

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

v.          SEDIMENTATION: The process or act of deposition of sediment.

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

xX.          STORMWATER AUTHORITY: The Town of Canton Conservation Commission or Its authorized agent(s),

The Conservation Commission 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
Regulations adopted by the Conservation Commission.

Y.           STORMWATER MANAGEMENT FEE: a charge for the use of the Stormwater Management Services.

Zz          STORMWATER UTILITY: A specific management structure for the Stormwater Management Fee, In which
a municipal utility Is establlshed to administer the fee and the Stormwater Management Program similar to a water

or sewer utility.

AA.        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,

Board of Selactmen for the Canton Conservation Commission,
MOVED:          That the General By-Laws Article XX Stormwater Management be adopted as presented

In the warrant,

FINANCE COMMITTEE VOTE: 8-0-0

Tim McKenna, Chairperson of the Finance Committee, moved Article 2 as printed.

VOTED: (Note: The term “Board of Selectmen” has been changed to "Select Board” per a by-law change approved
June 22, 2020 under ATM Article 42)

That the town adopt the following new Canton General Bylaw entitled Stormwater Management and upon approval
of this new Bylaw by the Attorney General! of the Commonwealth, to replace, with this new General Bylaw, and
otherwise to repeal existing Canton General Bylaw “Soll Erosion and Sediment control” (Bylaw Article XX) and

Canton General Bylaw “Stormwater Bylaw” (Bylaw Article XXI), as follows:

ARTICLE XXI
STORMWATER MANAGEMENT
1            PURPOSE AND OBJECTIVE

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;

ls              Protect water resources;

va          Comply with state and federal statutes and regulations relating to stormwater discharges;

3,           Prevent and reduce pollutants frorn entering the 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 contro! of stormwater runoff quantity and quality;

5.           Require the use of nonstructural stormwater management, 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 infeasible

6,          Establish provisions for the long-term responsibility for, and malntenance of, structural stormwater
control facllitles and nonstructural stormwater best management practices to ensure that they continue to function
as designed are malintalned;

7           Establish administrative procedures and fees for the submission, review, approval or disapproval of
stormwater management plans, and 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, monltoring, and enforcement.

10,         Require, through Issuance of a Stormwater Management Permit, and through an Inspection program
described in the Stormwater Regulations, the proper management of construction phase soll erosion and sediment
contro! to minimize or eliminate erosion and maintain sediment on site so that It Is not transported In stormwater
and allowed to discharge to a water of the U.S through Canton’s dralnage system, as required by the Town of
Canton's Small Municipal Separate Storm Sewer System (MS4) Permit Issued by the United States Environmental
Protection Administration (EPA).

2.                APPLICABILITY

A.           No person may undertake a construction activity or land disturbance, Including clearing, grading,
excavation or redevelopment that will disturb or alter equal to or greater than 20,000 square feet without a
Stormwater Management Permit approved by a majority of the Stormwater Authority members or as otherwise
provided In this Bylaw, Any person that falls to follow the requirements of a Stormwater Management Permit and
the related Erosion Contro} Plan, 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 appllcattons, 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 dralnage characteristics of a parcel of land, unless exempt pursuant to Section 2.€ 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 Stormwater Management Permit.

2.           The holder of a Stormwater Management Permit must employ sediment and erosion control at the
permitted construction slte in accordance with an Erosion Control Plan approved by the Stormwater Authority, The
Eroslon Control Plan must be prepared In accordance with the Canton Stormwater Regulations and the
“Massachusetts Erosion and Sediment Control Guldelines for Urban and Suburban Areas”, May 2003 (or as

modified).

B,          Hotspots - An alteration, redevelopment, or conversion of land use to a hotspot such as, without
limitation: auto salvage yards, auto fuellng 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 Stormwater Management Permit.

Lon          Exemptions - The following activities are exempt from the requirement to obtain a Stormwater
Management Permit:

1.          Any activity that will alter an area less than 20,000 square feet, with the exception of any projects which
file for a Stormwater Management Permit between the effective date of this Bylaw and prior to August 30, 2020,
for which the threshold will be 5,000 square feet of disturbance or less than 25% of a contiguous property,

8

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.           Repalr or replacement of an existing roof of a single-family dwelling.

5.           The construction of any fence that will not alter existing terrain or drainage patterns.

6.           Construction or repair of utilities (gas, water, electric, telephone, etc.) other than drainage, which will

not alter terrain, ground cover, or dralnage patterns,

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

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, 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 thls 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 pursvant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.

4,              ADMINISTRATION

A.          The Conservation Commission or Its authorized Agent(s) shall administer, implement and enforce thls
Bylaw. Any powers granted to or dutles Imposed upon the Commission may be delegated in writing by the
Commission to Its employees or agents.

B.          Stormwater Regulations. The Conservation Commission may adopt, and periodically amend, rules and
regulations relating to the terms, conditions, definitions, enforcement (including sanctions for violatlon), fees
(Including application, inspectlon, and/or consultant fees), procedures and administration of this Stormwater
Management Bylaw by majority vote of the Commisston 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 hearlng date. After public notice and public hearing, the Commission may promulgate
rules and regulations to effectuate the purposes of this Bylaw. Fallure by the Commission 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 thls Bylaw may precede updates to the Stormwater Regulations, In case of conflict, this
Bylaw shall govern and the Conservation Commission and Its Agent may walve provisions of the Stormwater
Regulations which are In conflict with this Bylaw. Applicants shoutd consult with the Conservation Agent.

c,          Massachusetts Stormwater Handbook, The Conservation Commission, at a minimum, may utilize the
policy, criterla and information including specifications and standards of the latest edition of the Massachusetts
Stormivater Handbook for executlon of the provisions of this Bylaw. This Handbook Includes a fist of acceptable
stormwater treatment practices, Including the specific design criteria for each stormivater practice, The Handbook
may be updated and expanded periodically, based on Improvements In engineering, sclence, monitoring, and local
malntenance experience. Unless specifically altered In the Stormwater Regulations, stormwater management

9

practices that are designed, constructed, and maintained In accordance with the Handbook will be presumed to be
protective of Massachusetts water quality standards.

D.          Stormwater Management Permit, The Conservation Commission shall have the authority to adopt rules
and regulations further defining the Stormwater Management Permit (SMP) for projects as described In section
2.A.

E.           Actions by the Conservation Commission, The Conservation Commission may take any of the following
actions as a result of an application for a Stormwater Management Permit as more specifically defined as part of
Stormwater Regulations promulgated pursuant to this Bylaw: Approval, Approval with Conditions, Dental, or Denial
without Prejudice.

F.          Appeals of Actlon by the Conservation Commission. A decision of the Conservation Commission shall be
final. Further relief of a decision by the Conservation Commission made under this Bylaw shall be appealed to a
court of competent jurisdiction.

G.          Stormwater Utility. The Select Board may adopt, pursuant to any applicable law or Bylaw, a Stormwater
Utillty pursuant to M.G.L. Chapter 83 Section 16 and Chapter 40 Section 1A. The Select Board shall administer,
Implement, and enforce this Utllity. Fallure by the Canton Select Board to promulgate such a Stormwater Utility
through Its Regulations or a tegal declaration of Its Invalidity by a court shall not act to suspend or Invalidate the
effect of the other provistons of this Bylaw,

H.           Stormwater Credit System. The Canton Conservation Commission may adopt, through the Regulations
authorized by this Stormwater Management Bylaw, a Stormwater Credit System. This credit system will allow
applicants the option, if approved by the Commission, to take credit for the use of stormwater low Impact design
practices to reduce some of the requirements specified in the erlterta sectlon of the Regulations, Failure by the
Commission 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,                PROCEOURES

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 Regulations, In case of confitct, this Bylaw shall govern and the Conservation Commission and Its Agent
may waive provisions of the Stormivater Regutations which are In conflict with this Bylaw. Applicants should consult
with the Conservation Agent.

6.              ENFORCEMENT

The Conservation Commission, or an authorized agent of the Conservation Commission shall enforce this Bylaw,
regulations, orders, violation notices, and enforcement orders, and may pursue all clvil and criminal remedies for
such violations. Enforcement shall be further defined and Included as part of any Stormwater regulations
promulgated as permitted under Section 4.6. of this Bylaw.

7.         COORDINATION WITH OTHER TOWN DEPARTMENTS

Any person filing a permit application with the Conservation Commission shall submit a copy thereof at the same
time, by email, certified mall, or hand delivery, to the Select Board, Planning Board, DPW Engineering
Department, Board of Appeals, Board of Health, and the Bullding Inspector. The person filling such application
shall at the same time submit to the Conservation Commission a written notice that these copies have been
stibmitted to these other departments, The Conservation Commisston shall not take final action on an application
until such boards and officials have had fourteen calendar days from their receipt to submit written comments, If
any, to the Conservation Commission. The applicant shall have the right to recelve such written comments, If any,
and to respond to them, If desired, prior to final action.

8,              DEFINITIONS

10

The following definitions shall apply In the Interpretation and implementation of this Bylaw, Additional definitions
may be adopted by separate regulation:

A.           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 activitles.”

B.          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 polnt 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,

G,          EROSION AND SEDIMENT CONTROL PLAN: A document containing narrative, drawings, and details
developed by a qualified professional engineer (PE) or a Certified Professional In Erosion and Sediment Contro}
(CPESC) which Includes best management practices or equivalent measures designed to contro! surface runoff,
erosion and sedimentation during pre-construction and construction related land disturbing activitles In accordance
with requirements of this bylaw.

D.          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 soll particles,

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

F,           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.

Gg,         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 soll, 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,

H,           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, tow Impact design Includes conserving and protecting natural areas and
greenspace, reducing Impervious cover, and using natural features for stormwater management,

I,            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.
Cc, 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.

J            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, plped storm drain, pumping faciilty, 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.

K.           NEW DEVELOPMENT: Any construction or land disturbance of a parcel of land that ts currently tna
natural vegetated state and does not contaln alteration by man-made activitles

11

L.           NONPOINT SOURCE POLLUTION: Pollutlon 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,

M.        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,

N.         OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, flnanclal and organizational
mechanisms for the ongoing operation and malntenance of a stormwater management system to Insure that It

continues to function as designed,

oO.        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.

P,           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, watercourse, or Waters of the Commonwealth. Pollutants Include, but

are not limited to:
i.            Paints, varnishes, and solvents;
I             Oll and other automotive fluids;

iil.          Nonhazardous liquid and solid wastes and yard wastes;

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

v          Pesticides, herbicides, and fertilizers;

vi,         Hazardous materials and wastes;

vii.        Sewage, fecal coliform and pathogens;

vili,        Dissolved and particulate metals;

ix.         Animal wastes;

x.          Rock, sand, salt, solls;

xi.         Construction wastes and residues; and

xii.          Noxious or offensive matter of any kind.

Q.         PRE-CONSTRUCTION: All activities In preparation of construction.

R.           PRE-DEVELOPMENT: The conditions that exist at the time that plans for the development of a tract of

land are submitted to the Canton Conservation Commission, Where phased development or plan approval occurs
{preliminary grading, roads and utillttes, etc.), the existing conditions at the time prior to the first plan submission
shall establish pre-development conditions.

Ss.           RECHARGE: The process by which groundwater Is replenished by precipitation through the percolation of
runoff and surface Into the soll.

T.         REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or
phased projects that disturb the ground surface, Including impervious surfaces, on previously developed sites, The
creation of new areas of Impervious surface or new areas of land disturbance on a site constitutes development,

12

not redevelopment, even where such activitles are part of a common pian 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 dralnage 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,

vu.         SEDIMENT: Mineral or organic soll material that Is transported by wind or water, from Its original to
another location; the product of erosion processes.

vY          SEDIMENTATION: The process or act of deposition of sediment,

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

xX          STORMWATER AUTHORITY: The Town of Canton Conservatton Commission or Its authorized agent(s),

The Conservation Commission 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
Regulations adopted by the Conservation Commission.

Y.          STORMWATER MANAGEMENT FEE: a charge for the use of the Stormwater Management Services.

Zz,           STORMWATER UTILITY: A specific management structure for the Stormwater Management Fee, In which
a municipal utility Is established to administer the fee and the Stormwater Management Program similar to a water

or sewer utility.

AA,        WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, Including,
without Hmitation, 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.

do.                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,

DOPTED SHOW_OF HANDS, MODERATOR DECLARED ARTICLE 2 ADOPTED

Attest:

<,   or    kek          VO PnhAw
Tracy K,  Em 8   Y, Canton Town Cler|

13