Canton, Massachusetts · Saved source text
Town By-Laws
Saved text from 241 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 161
REVISED General By-Laws (2022 edition)
B. Permit Term
Rights-of-Way Permits shall be valid for the period commencing on the date of
filing of an Application and ending upon the Revocation of a Right-of-Way Permit.
A Permit Holder desiring to continue to use the Facility after the expiration of the
Permit Term shall not more than 180 days nor less than 90 days before expiration
of the current Permit file an Application with the Town for a Permit as though the
Existing Facility were a proposed New Facility. Each Co-Locator must also file for
a new Permit.
C. Revocation of Permits.
Except to the extent that a Right-of-Way Permit also constitutes a statutory Grant
of Location and current law limits the ability of the Awarding Authority to revoke a
Grant of Location, the Awarding Authority during the Permit Term may revoke a
Right-of-Way Permit granted hereunder after notice and hearing if it shall
reasonably determine that (i) Permit Holder is in Default (ii) Permit Holder fails to
construct the Facilities for which a Permit was granted within six months of the
granting of the Permit (iii) Permit Holder has failed to relocate its Facility or
Attachment to a new location within the designated time following an order from
the Awarding Authority to relocate such Facility or Attachment or (iv) if the
Awarding Authority" determines that public necessity and convenience requires
the revocation of a Grant of Location held by a street railway. The Permit-Holder
shall be given not less than ten days prior written notice of the time and place of
the hearing on revocation and shall have the opportunity at the public hearing to
present evidence.
D. Removal of Facilities.
Following revocation of the Permit or the expiration of the Permit Term without an
application to continue to use the Facility unless then existing statutes shall require
a different result and, if ordered by the Town, Permit Holder shall cease using the
Right-of-Way. Permit Holder shall remove all of its Overhead and Underground
Facilities from the Right-of-Way and restore the area to its original condition within
six months following expiration or revocation of the Permit. In the event that the
Permit Holder fails to remove its Facilities, the Awarding Authority may treat such
as abandoned property and, among other remedies, remove the Facilities and
restore the area at the owner's sole cost and expense.
E. Removal of Unauthorized Facilities.
The location of any Overhead or Underground Facility covered by a Right-of-Way
Permit may be changed by order of the Awarding Authority if it determines in its
reasonable discretion that public necessity, the incommoding of the public’s use of
the public ways or public endangerment or interruption of navigation requires
relocation of the Facility. Except for Emergency Repair Work, Applicant is required
to notify all Co-Locators upon receiving an order to relocate the Facility from the
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Awarding Authority. Applicant and all Co-Locators shall, at their own expense,
relocate their Facilities to such location as shall have been approved by the
Awarding Authority within ninety days of the receipt of the order of the Awarding
Authority. Upon relocation Applicant shall promptly supply Awarding Authority with
"as built" plans of the relocated Facility. Following the transfer of the Facility and
any Attachments from the Existing Facility to the New Facility, the Existing Facility
shall be removed from the site within ninety days from the date of completion of
the transfer.
Except to the extent allowed by law and unless directly and proximately caused by
the willful, intentional or malicious acts by the Town, the Town shall not be liable
for any damage to or loss of any Overhead or Underground Facility located in the
Right-of-Way as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling or work of any kind in the
Right-of-Way by or on behalf of the Town. Rights-of-Way Permits and Grants of
Location for Facilities that have been ordered to be relocated will be amended to
reflect the new location once the Facilities have been re-located.
F. Re-Location of Facilities due to Public Necessity
The location of any Overhead or Underground Facility covered by a Right-of-Way
Permit may be changed by order of the Awarding Authority if it determines in its
reasonable discretion that public necessity requires relocation of the Facility.
Except for Emergency Repair-Work, Applicant is required to notify all Co-Locators
upon receiving an order to relocate the Facility from the Awarding Authority.
Applicant and all Co-Locators shall, at their own expense, relocate their Facilities
to such location as shall have been approved by the Awarding Authority within
ninety days of the receipt of the order of the Awarding Authority. Upon relocation
Applicant shall promptly supply Awarding Authority with "as built" plans of the
relocated Facility. Following the transfer of the Facility and any Attachments from
the Existing Facility to the New Facility, the Existing Facility shall be removed from
the site within ninety days from the date of completion of the transfer.
Unless directly and proximately caused by the willful, intentional or malicious acts
by the Town, the Town shall not be liable for any damage to or loss of any
Overhead or Underground Facility located in the Right-of-Way as a result of or in
connection with any public works, public improvements, construction, excavation,
grading, filling or work of any kind in the Right-of-Way by or on behalf of the Town.
Rights-of-Way Permits and Grants of Location for Facilities that have been ordered
to be relocated will be amended to reflect the new location once the Facilities have
been re-located.
G. Assignment of Facilities
Except to the extent that Section 15B of Chapter 166 of the Massachusetts
General Laws and other current law limits the ability of the Town to transfer a Right-
of-Way Permit, a Right-of Way Permit is not assignable. If a Permit-Holders
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transfers ownership or use of its Facilities to another entity, such entity must apply
for and receive its own Permit in accordance with this By-Law.
H. Non-exclusive grant
No Permit granted under this By-Law shall confer an exclusive right, privilege,
license or franchise to occupy or use the Right-of-Way of the Town for delivery of
services or any other purposes. No Permit granted under this By-Law shall convey
any right, title or interest in the Right-of-Way but shall be deemed a license to use
and occupy the Right-of-Way in accordance with the terms of this By-Law and the
Town of Canton Right-of-Way License Agreement. Further, no Permit shall be
construed as a warranty of title. A Permit granted shall be limited to a license to
use only that specific portion of a Right-of-Way as specified in the Plan that
accompanies the Application and in any Permit or License Agreement.
I. Co-Location of Facilities
Issuance of a Right-of-Way Permit may be conditioned upon the agreement of the
Applicant to make Excess Capacity available to the Town. The Town reserves the
right to place, free of charge, signal circuits, signal supply circuits and the
equipment attached to these circuits belonging to the Town and used by it
exclusively for municipal purposes on or in all Existing Facilities with Excess
Capacity and on or in New Facilities then owned or controlled by an Applicant
which is a Public Utility and shall be allowed access whenever necessary to place,
maintain or remove its wires and cables.
J. Insurance
The Permit Holder shall acquire and continuously maintain while it possesses a
Right-of-Way Permit liability insurance coverage on all personnel and equipment
used to construct, operate, maintain and repair the Overhead and Underground
Facilities located within the Right-of-Way. This insurance must be with insurance
companies licensed to do business in the Commonwealth of Massachusetts and
shall contain the following coverages and be in the following minimum amounts:
Commercial General Liability Insurance- including operation, independent
contractors, complete operations for a period of one (1) year from completing the
street opening work, XCU hazards, broad form property damage and personal
injury.
General Aggregate: $ 2,000,000.00
Products and complete operations
Aggregate $ 2,000,000.00
Each occurrence $ 1,000,000.00
Combined single limit $ 1,000,000.00
Automobile Liability Insurance (covers owned, non-owned and hired vehicles)
Bodily Injury Liability $ 500,000.00 each person
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$ 1,000,000.00 each accident
Property Damage Liability $ 250,000.00 each accident
Combined Single Limit $ 1,000,000.00
Worker's Compensation and Employer's Liability
Each Accident $ 100,000.00
Disease- Policy Limit $ 500,000.00
Disease- each Employee $ 100,000.00
Certificates of Insurance shall provide for at least thirty (30) days notice to the
Awarding Authority of cancellation or material change. The name of the
municipality shall be listed as an additional insured on the Certificate of Insurance.
K. Construction Requirements
1. All Permit Holders are required to obtain a Building and Electrical Permit (if
applicable), and (except for Poles and Attachments thereto) a Street Opening
Permit from the Awarding Authority. Once commenced, construction shall proceed
at an uninterrupted and consistent pace so that the Right-of-Way Work described
in the Permit will be completed within a reasonable time.
2. Before commencing construction, Permit Holders shall submit to the A
warding Authority a Performance Bond, with corporate surety satisfactory to the A
warding Authority, in an amount equal to the value of the construction which shall,
assure: the satisfactory completion of installation and commencement of operation
of the system in accordance with the terms of the Permit, , and the satisfactory
restoration of adjoining property and public property in accordance with the
provisions of this By-Law. This bond shall be maintained in force until one year
after the completion of the construction work.
3. Construction of New Facilities must conform to the plan accompanying the
Application and to the terms of the Permit and License Agreement All Right-of-
Way Work must conform to the Americans with Disabilities Act and the
Architectural Access Board Regulations as currently in effect
4. Right-of-Way Work shall comply with the following:
a. Working Hours. Except for Emergency Repair Work, Right-of-Way Work shall
occur during Normal Working Hours. Permit Holder must give notice of the
intended Right-of-Way Work seventy-two hours in advance to the Highway
Superintendent and unless the requirement for a police detail is waived by
the Police Chief of the Town, must mange for and pay for a police detail to be
present throughout the period of time that the Right-of-Way Work is being
conducted.
b. Obligation to Locate Existing Facilities. Permit Holder or Contractor must
inform itself as to the existence and location of all Existing Facilities located
in the same general area as the New Facilities are to be located and i must
confer with the owners thereof in order to obtain information as to the vertical
and horizontal locations of' the Facilities and other conditions that might affect
the Right-of-Way Work.
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c. Non-Interference with Existing Facilities. Permit Holder or Contractor shall not
interfere with an Existing, Facility without the written consent of the Awarding
Authority and the owner of the Existing Facility. If it becomes necessary to
relocate an Existing Facility to accommodate the New Facility, this shall be
done by its owner and the cost of such work shall be borne by the Permit
Holder.
d. Dig Safe. Permit Holder shall, in accordance with Chapter 164 section 76D of
the M.G.L., notify all Public Utilities seventy-two hours in advance of making
any excavation in a Public Way. Such notification shall be made by means of
obtaining a DIG-SAFE number. Said number shall be provided on the Street
Opening Application.
e. Protection of Existing Facilities. Permit Holder or Contractor shall adequately
support and protect by timbers, sheeting etc. all Existing Overhead or
Underground Facilities which may be in any way affected by the Right-of-Way
Work and shall do everything necessary to support, sustain and protect them
under, over, along or across such work area. Excavation work shall be
performed and conducted in such manner that it shall not interfere with
access to fire stations, fire hydrants, water gates, underground vaults, catch
basins nor to any other public structure, fixture or improvement to the extent
access to such other public structure, fixture or improvement is necessary for
the protection of the safety, health or welfare of the public.
f. Adjoining Property. Permit Holder or Contractor shall, at all times at its own
expense, preserve and protect from injury any adjoining property and shall
take such precautions as may be necessary for this purpose. Permit Holder
shall be responsible for all damages to public or private property or streets
resulting from its failure to properly protect and carry out the Right-of-Way
Work to the extent allowed by law and shall restore all such adjoining property
to the condition that existed immediately prior to the performance of any
Right-of-Way Work.
g. Trees. Permit Holder or Contractor shall not remove, even temporarily, any
trees or shrubs which exist in the Right-of-Way Work area without first
obtaining the consent of the Town. In the event a tree is either accidentally
destroyed by the Permit Holder or Contractor or is authorized for removal by
the Town, Permit Holder or Contractor shall remove the tree, stump and
debris from the work site and replace the tree with an identical species with a
minimum caliper of two inches in the identical location.
h. Excavated Material. Permit Holder or Contractor shall remove all excess
excavated materiel, surplus, water, muck, silt, residue or other run-off
pumped or removed from excavations from the Right-of-Way Work site.
i. Temporary Repairs of Underground Facilities. At the end of each day, all
trenches must be plated if repair work is not completed. No un-plated
trenches are permitted overnight and work in plated trenches must be
continually prosecuted to completion to minimize the time trenches are
plated.
j. Noise. Permit Holder or Contractor shall perform the Right-of-Way Work in
such a manner as to avoid unnecessary inconvenience and annoyance to the
general public and occupants of neighboring property. During the hours from
10:00 P.M. to 7:00 A.M. Permit Holder or Contractor shall not use, unless
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otherwise specifically permitted by the Awarding Authority any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep or
repose of occupants of the neighboring property.
k. Debris and Litter. All debris and litter remaining from the Right-of-Way Work
site shall be removed by the, Permit Holder or Contractor in a timely manner.
l. Lawn Surfaces and Plantings. All lawn surfaces which are disturbed during
Right-of-Way Work shall be replaced with sod or six (6) inches of screened
loam, lime, fertilized and re-seeded with good quality lawn seed. Any areas
containing plantings shall be restored to their original condition with the same
or similar plantings.
m.Erosion Control. Permit Holder shall be responsible for all erosion control and
for obtaining any necessary permits from the Town. Permit Holder or
Contractor shall protect drainage structures from siltation by whatever means
required including but not limited to the installation of hay bales and/or filter
fabric. In the event that a drainage structure becomes damaged from siltation
as a result of the Right-of-Way Work, Permit Holder or Contractor shall clean
the structure before completing the Right-of-Way Work.
n. As Built Plans. Within 30 days following completion of construction of New
Facilities, Permit Holder shall file with the Awarding Authority complete As-
Built Plans of the New Facilities including an accurate map certifying the
location of all Facilities within the Right-of-Way prepared by a Registered
Professional Engineer or other qualified professional.
o. Tree trimming. Permit Holders who own and maintain Overhead Facilities are
responsible for trimming trees or other vegetation growing in the Right-of-Way
to prevent their branches or leaves from touching or otherwise interfering with
the Overhead Facility. All trimming or pruning shall be at the sole expense of
the Permit Holder and performed under the supervision of the Town.
L. Emergency Repair Work
When notified by the Town, Permit Holder is required to respond to calls for
Emergency Repair Work within two hours of the notice and to commence repairs
immediately upon arrival at the site.
M. Maintenance.
Permit Holder shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures of Overhead or Underground Facilities and
accidents which are likely to cause damage, injuries or nuisances to the public.
Owners of Poles shall, upon the receipt of written notice served by the Inspector
of Wires, promptly make such substitution or repairs of such Poles, wires, posts,
supports or attachments as may be required by the Inspector of Wires.
VIII. Rental Payments
To the extent the Town and an Applicant holding a Right-of-Way Permit for a
Facility may agree, an Applicant holding a Right-of-Way Permit for a Facility shall
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make a License Rental Payment to the Town for the non-exclusive right to use
certain Rights-of-Way in the Town of Canton.
IX. Appeals
A person or entity aggrieved by a decision of the Awarding Authority under this By-
Law may appeal such decision to the appropriate court of competent jurisdiction
or, to the extent applicable law provides, to the DTE or the FCC.
X. Severability
If any clause, section, or other part of this By-Law shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this By-
Law shall not be affected thereby but shall remain in full force and effect.
XI. Exemption For Licensed Cable Operators
Notwithstanding any provision of this By-Law to the contrary, any Applicant that
holds a valid license issued by the Town pursuant to G.L. c. 166A, § 3 (a “CATV
License”) shall be exempt from, and shall not be required to submit to the Town an
Application for permission to install, maintain or operate Facilities legally
authorized by such Applicant’s CATV License or otherwise to comply with the
provisions of this By-Law to the extent such Applicant’s CATV License authorizes
the Applicant to install, maintain and operate its Facilities in the Town and provided
that such Applicant remains in compliance with all the requirements and conditions
of its CATV License, G.L. c. 166A and applicable regulations of the DTE.
Section 24. Town of Canton Substance Abuse Committee 16-24
(a) Appointment, Powers - The Select Board shall appoint a Town of Canton
Substance Abuse Committee for the purpose of coordinating, developing and/or
carrying out programs designed to prevent and meet the problems of substance
abuse.
(b) Composition - The Select Board shall appoint the Town of Canton Substance
Abuse Committee consisting of seven (7) members. Upon acceptance of this by
law, the Board shall appoint three (3) members for three (3) year terms, two
(2)members for two (2) year terms and two (2) members for one (1) year terms.
The members appointed by the Select Board shall to the extent practicable include
one member representing the Fire and Rescue Department, one member
representing the Police Department, one member representing the School
Department, one member representing the Health Department and one member
representing the Parks and Recreation Department. Members can be re-
appointed for concurrent terms. The members of the Town of Canton Substance
Abuse Committee shall serve without pay.
16-24
Inserted under Article 32, ATM May 9, 2016 and amended under Article 57, ATM May 8, 2017
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(c) Vacancies - Whenever a vacancy shall occur in the membership of the Town
of Canton Substance Abuse Committee, by reason of death, resignation, inability
to act or for any other reason, the vacancy shall be filled by appointment by the
Select Board for the remainder of the term.
(d) Organization - The Town of Canton Substance Abuse Committee at its first
annual meeting and thereafter, annually in April of each year, shall elect from its
membership a Chair, Vice-Chair, Clerk and Treasurer. Each officer shall hold office
until the next annual election. In the event a vacancy occurs in any of the offices
above, the Town of Canton Substance Abuse Committee shall hold a special
meeting for the purpose of electing one of its members to fill such vacancy.
(e) Annual Report - The Committee shall prepare and submit an annual report of
its activities to the Town and shall send a copy thereof to the Select Board.
Section 25. Plastic Bag Reduction By-Law16-25
Subsection 1. Purpose
The purpose of the by-law is to protect the Town’s natural beauty and irreplaceable
natural resources by reducing the number of single-use, thin-film, plastic check-
out bags that are distributed and used in the Town of Canton and to promote the
use of reusable bags.
Subsection 2. Definitions
The following words shall, unless the context clearly requires otherwise, have the
following meanings:
Director – The Director of the Canton Board of Health.
ASTM D6400 – The American Society for Testing and Materials (ASTM)
International “Standard Specification for Compostable Plastics”.
ASTM D7081 – ASTM International “Standard Specification for Biodegradable
Plastics in the Marine Environment”.
Checkout Bag – A carryout bag provided by a store to a customer at the point of
sale. “Checkout Bag” shall not include bags, whether plastic or not, in which loose
produce or products are placed by the consumer to deliver such items to the point
of sale or check out area of the store.
Compostable Plastic Bag – A plastic bag that (1) conforms to the current ASTM
D6400 for composability; (2) is certified and labeled as meeting the ASTM D6400
16-25
Inserted under article 27 ATM May 13, 2019.
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standard specification by a recognized verification entity; and (3) conforms to any
other standards deemed acceptable by this section.
Department – The Town of Canton Board of Health.
Marine-degradable Plastic Bag – A plastic bag that conforms to the current
ASTM D7081 standard specification for marine degradability; and conforms to
any other standards deemed acceptable by the Department, provided additional,
Department approved standards are as stringent as ASTM D7081.
Recyclable Paper Bag – A paper bag that is (1) 100% recyclable including the
handles; (2) contains at least 100% post-consumer recycled paper content; and
(3) displays the words “recyclable” and “made from 100% post-consumer
recycled content” in a visible manner on the outside of the bag.
Retail Establishment – Any retail space located in the Town including without
limitation a restaurant, food or ice cream truck, convenience store, retail
pharmacy, or supermarket.
Reusable Checkout Bag – A sewn bag with stitched handles that (1) can carry
25 pounds over a distance of 300 feet; (2) is either (a) made of closth or other
machine washable fabric; or (b) made of plastic other than polyethylene (HDPE,
LDPE, PETE, etc.) or polyvinyl chloride that is durable, non-toxic, and generally
considered a food-grade material that is more than 4 mils in thickness.
Subsection 3. Regulated Conduct
a. If any Retail Establishment provides a Checkout Bag to customers, the
Checkout Bag shall comply with the requirements of being either a
Recyclable Paper Bag, a Compostable Plastic Bag, a Marine-degradable
Plastic Bag, or a Reusable Checkout Bag.
b. The Department may adopt and amend rules and regulations of effectuate
the purposes of this by-law.
Subsection 4. Enforcement and Penalties
a. The Department, the Director or the Director’s designee, or the Select
Board’s designee, shall have the authority to administer and enforce this
by-law.
b. Violations of this by-law may be enforced in accordance with Article 1,
Section 2 of the General By-Laws of the Town of Canton.
c. For the first violation, the enforcing authority, upon a determination that a
violation has occurred, shall issue a written warning notice to the Retail
Establishment specifying the violation.
d. The penalty for each violation that occurs after the issuance of the warning
notice shall be:
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1) $100 for the first offense
2) $200 for the second offense
3) $300 for the third and all subsequent offenses
e. No more than one (1) penalty shall be imposed upon a Retail Establishment
within a seven (7) calendar day period.
f. A Retail Establishment shall have fifteen (15) calendar days after the date
that a notice of violation is issued to pay the penalty.
g. Fines shall be cumulative and each day on which a violation occurs shall
constitute a separate offense.
Subsection 5. Effective Date
a. This by-law shall take effect within six months from approval of the by-law
by the Attorney General or on November 1, 2019, whichever is later, for
Retail Establishments with a floor area equal to or exceeding 3,500 square
feet or with at least two (2) locations under the same name within the Town
of Canton that total 3,500 square feet or more.
b. This by-law shall take effect one (1) year from approval of the by-law by the
Attorney General for Retail Establishments with a floor area of less than
3,500 square feet.
c. The Director or the Director’s designee may grant a waiver of not more than
six months if a Retail Establishment requires additional time in order to draw
down on existing inventory of thin-film, single use plastic check-out bags.
Subsection 6. Severability
a. It is the intention of this law that each separate provision of the by-law shall
be deemed independent of all other provisions herein, and it is further the
intention that if any provision of this by-law be declared to be invalid by a
court of competent jurisdiction, the remaining provisions of the by-law shall
remain valid and enforceable.
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ARTICLE XVII 17
SECTION 1: HAZARDOUS MATERIALS
Subsection 1: Authority
This By-Law is adopted by the Town of Canton under its home rule powers, its
police powers to protect the public health and welfare, and its authorization under
M.G.L., Chapter 40, Section 21.
Subsection 2: Purpose
This By-Law is intended to protect the public health, safety and welfare, and the
environment; as well as preserve and maintain the existing and potential
groundwater supply, groundwater recharge areas, and surface waters within the
Town from contamination with hazardous materials.
Subsection 3: Definitions
The following definitions shall apply in the interpretation and implementation of
this By-Law.
Hazardous Materials means a product or, waste or combination of substances
which because of quantity, concentration, or physical, or chemical, or infectious
characteristics may reasonably pose, in the determination of the enforcing
authority, a substantial present or potential hazard to the human health safety or
welfare, or the environment when improperly treated, stored, transported, used or
disposed of, or otherwise managed. Any substance which may create a special
hazard in the event of a spill, leak, fire, or exposure and all substances deemed a
hazardous waste in M.G.L., Chapter 21C shall also be considered a hazardous
material for the purpose of the By-Law.
Contingency plan means a document setting an organized, planned, and
coordinated course of action to be followed in case of a fire, explosion, or release
of hazardous materials which could threaten public health, safety, or welfare, or
the environment.
Discharge means the disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of any hazardous material into or on any land or water so
that such hazardous material or any constituent thereof may enter the
environment.
17
This article was inserted under article 26 ATM 1983.
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Materials Safety Data Sheet means the form containing data on physical
characteristics, flammability, explosivity, reactivity, and the health and safety
hazards of specific chemicals, as well as information relative to procedures
recommended for spills and leaks of specific chemicals and special protections
and precautions to be taken in the handling of specific chemicals.
Reportable Discharge means all discharge greater than three gallons liquid
volume or five pounds dry weight, or any discharge which would potentially
threaten the public health and safety or the environment by entering surface
water, ground waters, or water recharge areas, or by emitting toxic fumes or
gases into the air. Discharges which are in compliance with all Federal, State,
and local regulations, or which are permitted by governing Federal, State, or local
agencies are not considered reportable discharges.
Subsection 4: Severability
Each provision of this By-Law shall be construed as separate to the end, that if
any provision, or sentence, clause or phrase thereof, shall be held invalid for any
reason, the remainder of that section and all other sections shall continue in full
force and effect.
Subsection 5: Hazardous Materials Not Subject to Regulation By This By-
Law
The following materials are not within the scope of authority of this By-Law:
1. Domestic Sewage
2. Household waste including garbage, trash and septage from single
and multiple residences, hotels and motels.
3. Wastes generated from the growing of agricultural crops and the
raising of animals, including manure which are returned to the soil as
fertilizer.
Subsection 6: Registration Requirements
Every owner, or operator of a commercial or industrial establishment (including
municipal, state, and federal operations) which stores, transports, uses, handles,
or otherwise manages hazardous materials, (excluding fuel oil stored for the
purpose of heating buildings located on site) totaling more than fifty gallons liquid
volume or twenty-five pounds dry weight shall register with the Board of Health.
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Registration includes the following:
(1) Submission of a map or written description locating areas where
hazardous materials are stored, handled, or in use, specifying
approximate average quantities of materials in each location and the
special handling required in a fire, leak, spill, or exposure. Areas must
also be identified which store emergency equipment including medical
supplies, along with a brief description of the capabilities of the
equipment.
This map or written description must also be posted in one of the
following on site locations: (a) Guard Shack, (b) Fire Alarm Box (c)
Sprinkler Riser, (d) Other location acceptable to the Head of the Fire
Department. The location of this posting must be specified during
registration.
(2) Submission of names, addresses, and telephone numbers of all qualified
"Emergency Coordinators" who are individuals identified by owners or
operators of commercial or industrial establishments which must register
in accordance with this By-Law. "Emergency Coordinators" must be
knowledgeable in the types of hazardous materials used at the
establishment, proper storage and handling of those materials, familiar
with the establishment emergency contingency plan, and authorized as
on-site coordinator in the event of any emergency.
(3) Keep on file at all times in an on-site location known and acceptable to
all "Emergency Coordinators", Materials Safety Data Sheets on all
hazardous material manufactured, stored, or used at the establishment.
These Materials Safety Data Sheets must be available to the Board of
Health and the Head of the Fire Department during routine inspections,
investigation, and in the event of an emergency.
(4) Keep on file at all times in an on-site location known and accessible to all
"Emergency Coordinators" an Emergency Contingency Plan which
identifies "Emergency Coordinators" and details the area where and
ways in which an emergency could come about, the techniques and
procedures to be used for prevention and control of such emergencies,
the emergency equipment available on-site, outside agencies and
organizations who should be notified and/or may provide services in an
emergency, an evacuation plan for personnel, and an inventory of the
types, approximate quantities, and methods of storage, transportation,
and disposal of all hazardous material.
173Source page 174
REVISED General By-Laws (2022 edition)
Subsection 6.1. Effective Date of Registration Requirements
(A) Registration required by subsection 6 shall be initially submitted by Sept. 1,
1983 and annually thereafter within thirty days of January 1 each year.
Records required in subsection 6 to be kept on file at each establishment
should be updated as frequently as necessary to ensure proper handling of
hazardous materials and adequate procedures to minimize emergencies
and the damage which would result from such emergencies.
(B) Owners and operators of commercial and industrial establishments who
have not previously registered in accordance with subsection 6 shall if they
meet registration requirements, register initially within thirty days of meeting
such requirements and thereafter within thirty days of January 1 of each
year.
Subsection 6.2 Updating of Registration Information
All information required under subsection 6 of this By-Law must be kept current
to reflect substantial changes in quantities or types of hazardous materials on-
site.
Subsection 7. Hazardous Materials Generally
All hazardous materials within the Town of Canton must be stored, handled,
transported and used in such a way as to minimize discharges and to ensure
maximum protection of the environment and the public health, safety and
welfare.
Subsection 7.1
All commercial and industrial establishments (including municipal, state, and
federal operations) must provide adequate employee training programs to ensure
proper use, storage, transportation and handling of hazardous materials.
Subsection 7.2
Owners and operators of establishments registered in accordance with
subsection 6 of this By-Law must keep sufficient records to detect significant loss
of hazardous materials and provide best estimates of quantities of hazardous
materials on-site.
Subsection 7.3
All locations where hazardous materials are stored or used in quantities that
could cause a substantial hazard in the event of a spill, leak, fire or exposure,
shall be designated with legible warning signs of bright yellow, or other equally
conspicuous color, indicating the potential danger and how to overcome or avoid
such danger.
174Source page 175
REVISED General By-Laws (2022 edition)
Subsection 7.4
All hazardous materials shall be held in product tight containers. All containers of
hazardous materials which permit leakage or spillage shall be disposed of or
repaired to its original product tight state.
Subsection 7.5
Every owner of a commercial or industrial establishments (including municipal,
state, or federal operations) shall comply with all Federal, State, and Municipal
Laws and Regulations relative to Hazardous Materials.
Subsection 8. Above Ground Storage of Hazardous Materials
(A) Above ground containers of hazardous materials shall be kept in an
orderly manner, shall be adequately marked to identify the hazard and
shall be stored on a surface impervious to the material being stored. The
storage area shall be enclosed by a permanent dike of impermeable
construction. The volume of the area enclosed by the dike shall be equal
to or greater than the capacity of the containers within the dike.
(B) There shall be no storage of incompatible chemicals (those which react
with one another to create a special hazard) in the same area.
(C) Drainage and ventilation of storage areas containing hazardous materials
shall be constructed and maintained so as to control spills, fumes, noxious
gases and other potential sources of contamination.
Subsection 9. Underground Storage
The following provisions shall apply to all underground liquid hazardous materials
storage systems.
Subsection 9.1 17-9.1
Owners shall comply with the current and amended Massachusetts Board of Fire
Prevention Regulation 527 CMR 9.00: Tanks and Containers.
Regulatory authority 527 CMR 9.00: M.G.L. c. 22, ss. 14; c. 148, ss. 9, 10, 28,
37, 38 and 38E.
Subsection 9.2 17-9.2
Subsection 9.3 17-9.3
Subsection 9.4 17-9.4
Subsection 9.5 17-9.5
17-9.1
As amended under article 37, ATM May 12, 1997.
17-9.2
Deleted by article 37, ATM May 12, 1997.
17-9.3
Deleted by article 37, ATM May 12, 1997.
17-9.4
Deleted by article 37, ATM May 12, 1997.
17-9.5
Deleted by article 37, ATM May 12, 1997.
175Source page 176
REVISED General By-Laws (2022 edition)
Subsection 10. Effective Date
All storage provisions contained in Subsection 7, 8, and 9 must be complied with
by July 1, 1984.
Subsection 11. Reporting Requirements
Any person having knowledge of a reportable discharge of hazardous material
shall immediately report the discharge to the Board of Health, and if involving
flammable or explosive materials, to the Head of the Fire Department.
Subsection 12. Protection of Public Water Supplies
In order to protect and preserve existing drinking water sources, the following
uses are prohibited within one thousand (1,000) feet of the head of a gravel
packed well used as a source of municipal drinking water unless exempted by a
variance in accordance with subsection 14 of this By-Law:
A. Automotive service and repair shops, junk and salvage yards, and
car washes.
B. Storage of road salts or other deicing chemicals.
C. Use of chemicals for deicing unless deemed necessary for public
safety.
D. The discharge of hazardous materials.
E. Commercial or industrial uses which require registration in
accordance with subsection 6 of this By-Law.
F. Commercial and industrial uses which discharge process waste
waters on-site, excluding discharges permitted in accordance with
all applicable State and Federal regulations which are shown to
contain no contaminants.
G. Commercial or industrial uses which re-charge storm water to
ground water, without passage through oil and grease traps and
sediment traps, constructed, operated, and maintained to minimize
groundwater contamination.
Subsection 13. Permits Required
(A) A permit shall be required and obtained from the Board of Health upon the
recommendation of the Fire Department for all new commercial or industrial
establishments requiring registration in accordance with subsection 6.2,
prior to the operation of said establishment, to determine that the provisions
of this By-Law have been met. 17-13(A)
17-13(A)
As amended under article 37, ATM May 12, 1997.
176Source page 177
REVISED General By-Laws (2022 edition)
(B) A permit shall also be required and obtained from the Board of Health upon
the recommendation of the Fire Department for all establishments requiring
registration in accordance with subsection 6, who seek to install additional
above ground or underground hazardous materials storage tanks. 17-13(B)
Subsection 14. Variances
The Board of Health may vary the application of any provision of this By-Law,
unless otherwise required by law, in any case when, in its opinion, the applicant
had demonstrated that an equivalent degree of environmental protection required
under this By-Law will still be achieved. The applicant at their own expense must
notify all abutters by certified mail at least ten days before the Board of Health
meeting at which the variance request will be considered. The notification shall
state the variance sought and the reasons thereof. Any variance granted by the
Board of Health shall be in writing. Any denial of a variance shall also be in
writing and shall contain a brief statement of the reasons for denial. The Board
of Health may, as an alternative to denial of a variance impose such conditions
as it deems necessary to contribute to the environments protection required
under this By-Law.
Subsection 15. Enforcement
(A) The Board of Health or its agent(s) shall be the enforcing authority of
the By-Law.
(B) The Board of Health or its agent(s) and the Head of the Fire
Department may enter upon privately owned property for the purpose
of performing their duties under this By-Law. 17-15(B)
Subsection 16. Penalty
Any person who violates any provision of this By-Law shall be punished by a fine
of not more than three hundred ($300.00) dollars. Each day or portion thereof
during which a violation continues shall constitute a separate offense if more than
one, each condition violated shall constitute a separate offense. This By-Law
may be enforced pursuant to M.G.L., Chapter 40 Section 21D by a Canton Police
Officer or other officer having police powers.
Subsection 17. Fees
Any person registering storage of hazardous materials pursuant to subsection 6
shall pay to the town of Canton an annual registration fee of $15.00. Such a fee
shall be due on the same date as the annual registration. Failure to pay shall
constitute a violation and shall be subject to the penalties of subsection 16 of the
By-Law.
17-13(B)
As amended under article 37, ATM May 12, 1997.
17-15(B)
As amended under article 37, ATM May 12, 1997.
177Source page 178
REVISED General By-Laws (2022 edition)
ARTICLE XVIII 18
FIRE ALARM SYSTEMS
Section 1. Fire Alarm Systems
Town of Canton By-Laws are hereby amended by adding the following By-Law to
be entitled "Fire Alarm Systems".
Section 2. Definitions
When used in this By-Law, unless a contrary intention clearly appears, the
following words shall have the following meaning:
A. Canton Fire Department hereinafter referred to as CFD as used throughout.
B. "Central station operating company": A company equipped to receive a fire
alarm signal from each of its customers and which then transmits to the
CFD location of any such alarm the central station operating company
receives.
C. "Fire Alarm System": Any heat-activated, smoke-activated, flame-energy
activated or other such automatic device capable of transmitting a fire signal
to either a central station operating company or directly to the CFD by way
of a master box.
D. "Fire alarm system malfunction": The transmittal of a fire alarm to a central
station operating company or directly to the CFD by way of a master box
which alarm is caused by improper installation of a fire alarm system, a
mechanically defective alarm system, lack of maintenance, or some other
reason that causes a fire alarm to sound even though there is no actual fire
or situation that could evolve into a fire.
E. "Fire alarm system owner": An individual or entity who owns the title to
and/or has on a business or residential premises a fire alarm system
equipped to send a fire alarm signal to a central station operating company
or directly to the CFD by way of a master box.
F. "Fire Chief": The Chief of the CFD.
G. "Master box owner". An individual or entity who has on a business or
residential premises a fire alarm system equipped to send a fire alarm signal
directly to the CFD by way of a master box.
Section 3. Connection of Fire Alarm Systems to the CFD by Way of a
Master Box 18-3
18
This article was inserted under article 30, ATM 1990.
18-3
As amended under article 37, ATM April 26, 1999.
178Source page 179
REVISED General By-Laws (2022 edition)
A. Every master box owner whose fire alarm system on the effective date of
this By-Law connected to the CFD by way of a master box, shall pay the
following fees:
Annual Fee $250.00
B. Every master box owner whose fire alarm system is connected after the
effective date of this By-Law to the CFD by way of a master box shall pay
the following fees:
Permit Fee $30.00
Connection Fee $125.00
Annual Fee $250.00
C. Before any fire alarm system is connected to the CFD master box owner
shall provide the Fire Chief with the following information:
1. The name, address and home and work telephone numbers of
the master box owner.
2. The street address where the master box is located.
3. The names, addresses and telephone numbers of the persons
or businesses protected by the fire alarm system connected to
the master box.
4. The names, addresses and home and work telephone numbers
of at least two persons other than the owner who can be
contacted twenty-four hours a day, who are authorized by the
master box owner to respond to an alarm signal and who have
access to the premises in which the master box is located.
5. Such other information as the Fire Chief may require.
179Source page 180
REVISED General By-Laws (2022 edition)
In the event a fire alarm system has been connected to the CFD by way of a
master box, prior to adoption of this by-law, the master box owner shall comply
fully with the requirements of this section within sixty (60) days after notice by
first class mail of the requirements of this section.
If a master box owner fails to comply with this section, the Fire Chief in the Chiefs
discretion may assess a fine of seventy-five dollars ($75.00) for each day of non
compliance.
Section 4. Connection of Central Station Operating Companies to the CFD
18-4
A. Every central station operating company who has a direct Connection prior
to the effective date of this By-Law to the CFD shall pay the following fees:
Annual Fee $250.00
B. Every central station operating company who makes a direct connection
after the effective date of this By-Law to the CFD shall pay the following
fees:
Permit Fee $30.00
Connection Fee $125.00
Annual Fee $250.00
C. Before any central station operating company is connected with the CFD, it
shall provide the Fire Chief with the following information.
1. The name, address and telephone numbers of the central station
operating company.
2. The names, addresses and home and work telephone numbers of at
least two persons who can be contacted twenty four hours a day, who
are authorized by the central station operating company to respond to
an alarm signal and who have access to the premises from where the
alarm signal is emitting to the central station operating company.
3. The name, address, home and work telephone numbers and location of
the premises of each customer of the central station operating
company who has a fire alarm system equipped to send a fire alarm
signal to the central station operating company.
18-4
As amended under article 37, ATM April 26, 1999.
180Source page 181
REVISED General By-Laws (2022 edition)
4. Such other information as the Fire Chief may require.
If at the passage of this By-Law a central station operating
company already has a direct connection to the CFD central
station operating company shall comply with the requirements of
this section within sixty days after notice by first class mail of the
requirements of this section.
If a central station operating company fails to comply with this
section, the Fire Chief may assess a fine of seventy-five dollars
($75.00) for each day of non-compliance.
Section 5. Updating Information 18-5
Every master box owner and every central station operating company shall be
responsible for updating annually the information herein required to be provided
to the Chief. If the information provided changes, the master box owner and the
central station operating company shall provide the Fire Chief with the updated
information and shall pay the fee, if any, required by this By-Law.
If a master box owner or a central station operating company fails to comply with
this section, the Fire Chief may assess a fine of seventy-five dollars ($75.00).
Section 6. Fire Alarm System Malfunctions: Fines 18-6
If there is a fire alarm system malfunction, as defined herein, the Fire Chief may
assess a fine against a fire alarm system owner for each malfunction per fiscal
year according to the following schedule:
A. First Through Third Malfunction No Charge
Upon the recording of the third false alarm by the CFD, the Fire Chief shall
notify the owner of the building, in writing and by certified mail, of such
fact, and at this time inform the owner of the Department's policy with
regard to charging for false alarms. (send copy of policy at this time).
Fourth Through Sixth Malfunction $75.00
Seventh Through Eleventh Malfunction $250.00
Each Malfunction After the Eleventh $500.00
B. Private fire alarm systems connected to the CFD by other automatic
means or through a central station system shall be subject to the above
conditions.
18-5
As amended under article 37, ATM April 26, 1999.
18-6
As amended under article 37, ATM April 26, 1999.
181Source page 182
REVISED General By-Laws (2022 edition)
C. Any false fire alarm which is the result of the failure of the property owner,
occupant or their agents to notify the CFD of repair, maintenance or
testing of the internal fire alarm system within the protected premises,
shall cause a penalty to be assessed in accordance with Section (A).
D. For the purposes of this regulation, a false defined as follows:
1. The operation of a faulty smoke or heat detection device.
2. Faulty control panel or associated equipment.
3. A water pressure surge in automatic sprinkler equipment.
4. Accidental operation of an automatic sprinkler system.
5. An action by an employee of the owner or occupant of the
protected premises or a contractor employed by the owner or
the occupant causing accidental activation of the internal fire
alarm system.
E. Property owners will be billed once a month for the previous months
malfunction activity. All fines assessed shall be paid to the Town of
Canton Fire Department for deposit to the general fund.
F. If the bill is not paid within thirty days, a second notice will be sent. If the
bill is not paid after another thirty day period final notice will be sent
informing the owner and/or occupant that the master box will be
disconnected and the insurance company notified.
Section 7. Appeal Procedure
Any fire alarm system owner who is aggrieved by an action taken by the Fire
Chief under this By-Law may, within ten (10) days after notice of such action, file
an appeal, in writing, to the Select Board of the Town of Canton (the Board). The
Board shall hold a hearing, and shall issue a written decision in which it affirms,
annuls or modifies the action taken by the Fire Chief.
The Select Board shall mail its decision by certified mail to the owner within ten
(10 ) days after hearing and shall file a copy of its decision in the office of the
Town Clerk within such ten (10) day period. The decision of the Board shall be a
final administrative decision. The owner shall have thirty (30) days from the date
of the filing of the written decision in the Office of the Town Clerk to seek judicial
review in a court of competent jurisdiction.
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REVISED General By-Laws (2022 edition)
The Select Board shall mail its decision by certified mail to the owner within ten
(10 ) days after hearing and shall file a copy of its decision in the office of the
Town Clerk within such ten (10) day period. The decision of the Board shall be a
final administrative decision. The owner shall have thirty (30) days from the date
of the filing of the written decision in the Office of the Town Clerk to seek judicial
review in a court of competent jurisdiction.
Section 8. Regulations and Enforcement
The Fire Chief may promulgate such regulations as may be necessary to
implement this By-Law. The Fire Chief is authorized to pursue such legal action
as may be necessary to enforce this By-Law.
Section 9. Deposit in the General Fund
All fines assessed herein shall be payable to the Town of Canton Fire
Department for deposit to the General Fund.
Section 10. Severability
The provisions of this by-law shall be deemed to be severable, and if any of its
provisions shall be held unconstitutional by any court of competent jurisdiction,
the decision of such court shall not affect or impair any of the remaining
provisions.
Section 11. Municipal Fire Alarm Master Box Disconnects18-11
Municipal Fire Alarm Master Boxes shall be connected, disconnected, or
reconnected only by the following personnel: (a) licensed electricians, as
authorized by the Canton Fire Chief, may connect, disconnect and/or reconnect
municipal fire alarm master boxes after demonstrating their ability properly to
disconnect and reconnect a municipal master fire alarm box.
Section 12. Fire Alarm Company and Technicians Certification Fee18-12
Every Fire Alarm Company certified pursuant to Section 11 by the Canton Fire
Department shall be charged a fee to be set by the Canton Fire Chief pursuant to
Chapter 40, Section 22F of the General Laws of the Commonwealth.
18-11
Section 11 inserted under article 44, ATM April 27, 2005 as approved by Attorney General.
18-12
Section 12 inserted under article 45, ATM April 27, 2005.
183Source page 184
REVISED General By-Laws (2022 edition)
ARTICLE XIX 19
PROTECTION AND PRESERVATION OF HISTORIC BUILDINGS
Section 1: Intent and Purpose. This by-law is adopted for the purpose of
protecting and preserving significant buildings and structures, which constitute or
reflect distinctive features of the history, architecture, and/or the character of the
Town of Canton. Through this by-law the Town desires to encourage owners, and
others, to preserve, rehabilitate, or restore such significant buildings and structures
rather than demolishing, removing or relocating them. To achieve these purposes,
the Canton Historical Commission is empowered to advise the Canton Building
Commissioner concerning the issuance of permits for demolition, removal, or
relocation of significant buildings and structures as provided in this by-law.
Section 2: Definitions. For the purpose of this by-law, the following words and
phrases shall have the following meanings:
a) Building: An independent structure resting on its foundations and designed for
the shelter or housing of persons, animals, chattels or property of any kind.
b) Commission: The Canton Historical Commission.
c) Demolition: Any act of pulling down, destroying, razing, removing, or relocating
25% or more of a structure. Percentage shall be calculated by applicant.
d) Demolition Permit: The permit issued by the Building Commissioner as required
by the State Building Code for the demolition, or partial demolition or removal of a
building or structure from its lot, or the moving of the building or structure on its lot.
e) Historically Significant Building or Structure: Any building or structure which (1)
is associated with one or more historic/prominent persons or events; (2) is
associated with the architectural, cultural, economic, political or social history of
the Town of Canton, the Commonwealth of Massachusetts and/or the United
States of America; (3) embodies the distinctive characteristics of a type, period,
style and method of building construction, or represents the work of a particular
architect or building, either by itself or in the context of a group of buildings or
structures.
f) Building Commissioner: Canton Building Commissioner
g) Removal: To transfer a structure from its existing location.
h) Structure: Any combination of materials assembled, constructed, erected or
maintained at a fixed location and placed permanently or temporarily in or on the
ground.
19
This section inserted under article 31, ATM April 30, 2003. Amended under article 36, ATM April 27, 2009
184Source page 185
REVISED General By-Laws (2022 edition)
i) Applicant: The person(s) or entity applying for a demolition determination
under this bylaw. The Applicant must be the owner of record of such property at
time of application.
Section 3: Regulated Buildings and Structures. The provisions of this by-law
shall apply only to the following buildings and structures:
a) Any building or structure listed on, or which is the subject of a pending
application for inclusion on, the National Register of Historic Places or the
Massachusetts State Register of Historic Places; or
b) Any building or structure which, in whole, or in part, was built prior to 1940. The
age of the buildings and structures shall first be determined by Assessor's records.
Section 4: Procedure.
a) Application: The Commissioner shall forward a copy of each demolition permit
application for a building or structure identified in This by-law Section (3) to the
Chair of the Historical Commission within 7 business days of the filing of such
applications and shall notify the applicant that their application falls under the
regulations of the This by-law, Demolition of Historically Significant Buildings and
Structures.
b) Historically Significant Determination: Within 45 days of receipt of the demolition
permit application by the Chair of the Historical Commission, the Commission shall
hold a public meeting to hear and collect information and evidence to determine
whether the building or structure is historically significant. The applicant for the
permit shall be notified in writing at least 7 days prior to the public meeting.
At least five (5) business days prior to the public meeting, the applicant shall
provide to the Commission three (3) sets of photographs showing all sides of the
building(s) or structure(s), and three (3) copies of a plot plan of the property.
The public meeting shall consist of a discussion of the proposed demolition of the
building(s) and/or structure(s). A site visit with the Commission and landowner may
also occur, if deemed appropriate by the Chair or Commission.
If the Commission determines that the building(s) or structure(s) is/are not
historically significant, the Commission shall notify the Building Commissioner,
Town Clerk, and applicant of its decision, including the reasons for such a
determination, and the Building Commissioner may issue a demolition permit.
If the Commission fails to notify the Building Commissioner of its determination
within 10 days after the public meeting, the building(s) or structure(s) shall be
deemed not historically significant and the Building Commissioner may issue a
demolition permit.
185Source page 186
REVISED General By-Laws (2022 edition)
If the Commission determines that the building(s) or structure(s) is/are historically
significant, the Commission shall notify the Building Commissioner, Town Clerk,
and applicant in writing of its determination and the reason therefore.
c) Historically Significant Building or Structure Demolition/Removal Plan Review:
1) After the Commission's determination that a building(s) or structure(s) is/are
historically significant, the applicant for the demolition permit shall submit to the
Commission 10 copies of a demolition/removal plan that includes the following
information.
a) A plot plan sufficient to show the location of the building(s) or structure(s) to be
demolished/removed in relation to its property lines, and other buildings on the
property;
- Photographs of all sides of the building(s) or structure(s);
- A brief description identifying the reasons for the proposed demolition/removal.
- Public Hearing
Within 60 days from its receipt of the demolition/removal plan, the Commission
shall hold a public hearing with respect to the demolition/removal application and
plan.
If a demolition/removal plan is not submitted the Commission shall hold a public
hearing with respect to the available information within 90 days of the
determination of the building(s) or structure(s) Historical Significance.
The public hearing shall be advertised in a newspaper of local circulation at least
7 days but no more than 30 days prior to the date of the public hearing. The
advertisement shall be paid for by the Petitioner. The Petitioner shall provide the
public hearing notice to all parties of interest (abutters) of the property where the
building(s) or structure(s) is/are to be demolished, removed, or relocated at least
7 days, but no more than 30 days prior to the date of the public hearing. The public
notice shall include the date, time and location of the public hearing. (Parties of
Interest (Abutters) as defined in Chapter 40A, MGL)
d) Decision.
Within 10 days of the close of the Commission's public hearing the Commission
shall make a written decision, including the reasons for the determination, as to
whether or not the building(s) or structure(s) is/are worthy of preserving. The
required time limits for a public hearing and said action may be extended by
written agreement between the petitioner and the permit granting authority.
If the building or structure is determined by the Commission not to be worthy of
preservation, or if the Commission fails to file its written decision with the Building
186Source page 187
REVISED General By-Laws (2022 edition)
Commissioner and Town Clerk within 10 days of the close of the public hearing,
the Building Commissioner may issue a demolition permit.
If the building(s) or structure(s) is/are determined to be worthy of preservation,
then the Building Commissioner shall not issue a demolition permit for a period
of six (6) months from the date of the Commission's decision is filed with the
Building Commissioner. During this period, the applicant shall make an effort to
locate a purchaser for the building(s) or structures(s), who is willing to preserve,
rehabilitate or restore the building(s) or structure(s). The Commission may
instruct the Building Commissioner to issue a demolition permit prior to the
expiration of the six (6) month period if:
i) The Commission is satisfied that the applicant for the demolition permit
has made a bona-fide, reasonable and unsuccessful effort to locate a
purchaser for the building(s) or structure(s) who is willing to preserve,
rehabilitate or restore the building(s) or structure(s); or
ii) The applicant for the demolition permit has agreed to accept a demolition
permit according to certain conditions approved by the Commission.
e) No permit for demolition of a building determined to be an Historically
Significant Building or Structure under subsection d) of this section shall be issued
by the Building Commissioner until all permits and approvals for use and
development of the site after the demolition have been issued. Such permits and
approvals shall include, but are not limited to, any necessary zoning variances,
special permits, Planning Board permits and approvals, Conservation Commission
permits and approvals, and Board of Health permits and approvals.
f) The Building Commissioner may issue a demolition permit after compliance
with the Demolition Delay Bylaw. The demolition permit is valid under the State
Building Code for a period of six months. If the building or structure is not taken
down within six months after the issuance of the demolition permit by the Building
Commissioner, the applicant must request an extension of the Historical
Commission’s demolition decision. The Historical Commission shall issue an
extension of its demolition decision, authorizing the Building Commissioner’s
issuance of a new demolition permit, if the property ownership or nature of the
project has not changed. A change in property ownership or change in the nature
of the project, however, shall require the property owner to submit a new
application for a new demolition decision to be heard by the Historical Commission.
Section 5: Emergency Demolition. Nothing in This by-law, Section (4) shall be
inconsistent with the procedures for the emergency demolition and/or securing of
buildings and structures established by General Laws Chapter 143, Sections
6 - 10.
Section 6: Non-Compliance. Anyone who demolishes, removes, or relocates a
building or structure identified in Section (3) without complying fully with the
187Source page 188
REVISED General By-Laws (2022 edition)
provisions of This by-law, shall be subject to a fine of not more than $300 as limited
by Chapter 40A, MGL.
In addition, unless a demolition permit was obtained for such demolition, removal,
or relocation and unless such permit was fully complied with, the Building
Commissioner shall not issue a building permit to any property on which a building
or structure identified in Section (3) has been demolished for a period of two (2)
years from the date of demolition, even if an assessed fine is paid.
Section 7: Administration. The Commission may adopt such rules and
regulations as are necessary to administer the terms of this by-law. The
Commission is authorized to adopt a schedule of reasonable fees to cover the
costs associated with the administration of this by-law.
Section 8: Severability. In case any section, paragraph, or part of This by-law is
declared invalid or unconstitutional by any court of competent jurisdiction, every
other section, paragraph and part of such ordinance shall continue in full force and
effect.
188Source page 189
REVISED General By-Laws (2022 edition)
ARTICLE XX 20
SOIL EROSION AND SEDIMENT CONTROL
20
Article 20 inserted under article 37, ATM April 30, 2003 and deleted under article 2, STM June 22, 2020..
189Source page 190
REVISED General By-Laws (2022 edition)
ARTICLE XXI 21
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:
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 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, 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
maintenance of, structural stormwater control facilities and nonstructural
stormwater best management practices to ensure that they continue to function
as designed are maintained;
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;
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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 Stormwater Management Permit, and
through an inspection program described in the Stormwater 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 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
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 fails to follow the requirements
of a Stormwater Management Permit and the related Erosion Control 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 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 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
Erosion Control Plan approved by the Stormwater Authority. The Erosion Control
Plan must be prepared in accordance with the Canton Stormwater Regulations
and the “Massachusetts Erosion 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 facilities, fleet
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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.
C. 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, 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 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 drainage
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.
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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 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 periodically 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 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 Commission may promulgate rules and regulations to
effectuate the purposes of this Bylaw. Failure 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 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 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,
science, monitoring, and local maintenance experience. Unless specifically
altered in the Stormwater Regulations, stormwater management practices that
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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, Denial, or Denial without Prejudice.
F. Appeals of Action 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 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 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
criteria section 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. 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
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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 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 Select Board, Planning Board, DPW Engineering Department,
Board of Appeals, Board of Health, and the Building 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 their 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 drainage
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 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
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or procedures such as enhanced street sweeping), and/or promote pollutant
reduction by eliminating the pollutant source.
C. 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 (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.
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 soil 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.
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 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.
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, low 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. c. 21, §. 23-56. The
Standards address stormwater impacts through implementation of performance
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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, 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.
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.
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, financial and organizational mechanisms for the ongoing operation
and maintenance of a stormwater management system to insure that it continues
to function as designed.
O. 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;
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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;
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.
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 utilities, etc.), 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, 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, 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.
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U. SEDIMENT: Mineral or organic soil 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.
W. SITE: Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
X. 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.
Z. 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 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.
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ARTICLE XXII22
REGULATION AND MAINTENANCE
OF VACANT AND FORECLOSING PROPERTIES
1. INTRODUCTION
Many properties being foreclosed upon by institutions frequently remain
abandoned or become dilapidated for months and years at a time during and after
the foreclosure process. This often creates attractive public nuisances, unsecured
properties open to weather, vandalism and illegal occupancy, unsafe conditions,
and violations of multiple aspects of the State Building Code and State Sanitary
Code.
Such properties encourage blight, reduce real estate values of surrounding
properties and neighborhoods, and create significant maintenance and monitoring
costs to the Town of Canton.
The institutions who perform foreclosures or who own properties after foreclosure
often have little to no connection with the Town and are removed from the
communities affected. Furthermore, they frequently fail to provide any
identification or contact information to allow the Town to determine who the owners
of properties are or to contact them regarding violations of applicable laws, codes,
regulations and Town bylaws.
2. PURPOSE
The purpose of this Bylaw is to protect and preserve the health, safety, security
and general welfare of the public and occupants, abutters and neighborhoods by
requiring all Owners of Distressed Property to register with the Town and to
properly maintain Distressed Property, and, by doing so, expediting the
(1) remediation of violations of any applicable laws, codes, regulations and bylaws,
(2) rehabilitation and permanent legal occupancy of Distressed Property, and
(3) protection of public health, safety and welfare.
3. DEFINITIONS
When used in this Bylaw, unless a contrary intention clearly appears, the following
terms shall have the following meanings:
“Abandoned Property” means any vacant Property and/or any Property not
currently legally occupied.
“Board” means the Town of Canton Select Board.
“Bylaw” means the provisions of this Article XXII of the Town of Canton General
By-laws.
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Inserted under article 37, ATM April 30, 2012
200