Stormwater Management 2
MA AG's Office
DATE ADOPTED: NA
FOR MORE INFORMATION ON THIS
Office of the Attorney General
100 Cambridge Street
Tel: (617) 727-2200
TEXT OF THE BYLAW:
Bylaw Governing Post-Construction Stormwater Management Of New Developments and Redevelopments
SECTION 1. PURPOSE
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the [city or town's] water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;
1. impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater,
2. contamination of drinking water supplies,
3. erosion of stream channels;
4. alteration or destruction of aquatic and wildlife habitat; and
Therefore, this bylaw establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts offsite and downstream which would be born by abutters, townspeople and the general public.
The objectives of this by-law are:
1. To require practices to control the flow of stormwater from new and redeveloped sites into the [town/city] storm drainage system in order to prevent flooding and erosion;
2. To protect groundwater and surface water from degradation;
3. To promote groundwater recharge;
4. (4) To prevent pollutants from entering the [city or town's] municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;
5. To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;
6. To comply with state and federal statutes and regulations relating to stormwater discharges; and
7. To establish the [city or town's] legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement.
SECTION 2. DEFINITIONS
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.
BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
THE BOARD – Town of __________ [Planning Board, or whatever Dept. the Town decides is appropriate OR its authorized agent(s)].
CLEARING: Any activity that removes the vegetative surface cover.
DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LAND: Any action that causes a change in the position, location, or arrangement of soil, sand rock, gravel of similar earth material.
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, and 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 Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
MUNICIPAL 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/city of _______].
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.
OUTFALL: The point at which stormwater flows out from a point source discernible, confined and discrete conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
POINT SOURCE: Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
STORMWATER MANAGEMENT PLAN: A plan required as part of the application for a Stormwater Management Permit. See Section 7.
STORMWATER: Storm water runoff, snow melt runoff, and surface water runoff and drainage.
TSS: Total Suspended Solids.
SECTION 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.
SECTION 4. APPLICABILITY
A. No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land draining to the [name of town] municipal separate storm sewer system without a permit from [the Board]. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling;
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;
As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in Section 4 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with this bylaw.
SECTION 5. ADMINISTRATON
A. [The Board], shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon [the Board] may be delegated in writing by [the Board] to its employees or agents.
B. Rules and Regulations. [The Board] may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this Stormwater Management By-law, by majority vote of [the Board], 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.
SECTION 6. PERMITS and PROCEDURE
A. Filing Application. The site owner or his agent shall file with [the Board] hereinafter the Board, three (3) copies of a completed application package for a Stormwater Management Permit (SMP). Permit issuance is required prior to any site altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP Application package shall include:
1. a completed Application Form with original signatures of all owners;
2. a list of abutters, certified by the Assessors Office;
3. three (3) copies of the Stormwater Management Plan and project description as specified in Section 7.A.;
4. three (3) copies of the Operation and Maintenance Plan as required by Section 8 of this bylaw;
5. one (1) copy of the application form, the Stormwater Management Plan,
the Operation & Maintenance Plan, and the list of abutters filed with the Town Clerk; and
6. payment of the application and review fees.
B. Entry. Filing an application for a permit grants [the Board], or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit
C. Other Boards. The [the Board] shall notify the Town Clerk of receipt of the application, and shall give one copy of the application package to [each of the other relevant boards. Fill in the Planning Board, the Conservation Commission, and/or Department of Public Works as appropriate].
D. Fee Structure. [The Board] shall obtain with each submission an Application Fee established by [the Board] to cover expenses connected with the public hearing and application review of the Stormwater Management Permit and a technical Review Fee sufficient to cover professional review. [The Board] is authorized to retain a Registered Professional Engineer or other professional consultant to advise [the Board] on any or all aspects of these plans. Applicants must pay review fees before the review process may begin.
E. Public Hearing. The [the Board] shall hold a public hearing within twenty-one (21) days of the receipt of a complete application and shall take final action within twenty-one (21) days from the close of the hearing unless such time is extended by agreement between the applicant and [insert appropriate board or department]. Notice of the public hearing shall be given by publication in a local paper of general circulation, by posting and by first-class mailings to abutters at least seven (7) days prior to the hearing.
F. Actions. [The Board's]'s action, rendered in writing, shall consist of either:
1. Approval of the Stormwater Management Permit Application based upon determination that the proposed plan meets the Standards in Section 7 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this by-law;
2. Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the [the Board] which will ensure that the project meets the Standards in Section 7 and adequately protect water resources, set forth in this by-law;
3. Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the Standards in Section 7 or adequately protect water resources, as set forth in this by-law.
G. Failure of [the Board] to take final action upon an Application within the time specified above shall be deemed to be approval of said Application. Upon certification by the Town Clerk that the allowed time has passed without Board action, [the Board] must issue a Stormwater Management Permit.
H. Plan Changes. The permittee, must notify [the Board] in writing of any drainage change or alteration in the system authorized in a Stormwater Management Permit before any change or alteration is made. If [the Board] determines that the change or alteration is significant, based on the Stormwater Management Standards in Section 7.B. and accepted construction practices, [the Board] may require that an amended application be filed and a public hearing held.
I. Project Completion. At completion of the project the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a Registered Professional Engineer.
SECTION 7. STORMWATER MANAGEMENT PLAN
A. The application for a stormwater management permit shall consist of submittal of a Stormwater Management Plan to the [the Board]. This Stormwater Management Plan shall contain sufficient information for the [the Board] to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The Plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in Part B of this section and DEP Stormwater Management Handbook Volumes I and II. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. It shall include :
1. A locus map,
2. The existing zoning, and land use at the site,
3. The proposed land use,
4. The location(s) of existing and proposed easements,
5. The location of existing and proposed utilities,
6. The site's existing & proposed topography with contours at 2 foot intervals,
7. The existing site hydrology,
8. A description & delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.
8. A delineation of 100-year flood plains, if applicable
9. Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration.
10. The existing and proposed vegetation and ground surfaces with runoff coefficient for each,
11. A drainage area map showing pre and post construction watershed boundaries, drainage area and stormwater flow paths,
12. A description and drawings of all components of the proposed drainage system including:
a. locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization,
b. all measures for the detention, retention or infiltration of water,
c. all measures for the protection of water quality,
d. the structural details for all components of the proposed drainage systems and stormwater management facilities,
e. notes on drawings specifying materials to be used, construction specifications, and typicals, and
f. expected hydrology with supporting calculations.
14. Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable,
15. Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization,
16. A maintenance schedule for the period of construction, and
17. Any other information requested by the Board.
Projects shall meet the Standards of the Massachusetts Stormwater Management Policy, which are as follows:
1. No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth.
2. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates.
3. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types.
4. For new development, stormwater management systems must be designed to remove 80% of the average annual load (post development conditions) of Total Suspended Solids (TSS). It is presumed that this standard is met when:
a. Suitable nonstructural practices for source control and pollution prevention and implemented;
b. Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and
c. Stormwater management BMPs are maintained as designed.
5. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited.
6. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). Critical areas are Outstanding Resource Waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies.
7. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. However, if it is not practicable to meet all the Standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.
8. Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.
9. All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.
When one or more of the Standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided.
C. Project Changes
The permittee, or their agent, shall notify [the Board] in writing of any change or alteration of a land-disturbing activity authorized in a Stormwater Management Permit before any change or alteration occurs. If [the Board] determines that the change or alteration is significant, based on the design requirements listed in Section _____ and accepted construction practices, [the Board] may require that an amended Stormwater Management Permit application be filed and a public hearing held. If any change or deviation from the Stormwater Management Permit occurs during a project, [the Board] may require the installation of interim measures before approving the change.
SECTON 8. OPERATION AND MAINTENANCE PLANS
An Operation and Maintenance plan (O&M Plan) is required at the time of application for all projects. The maintenance plan shall be designed to ensure compliance with the Permit, this Bylaw and that the Massachusetts Surface Water Quality Standards, 314, CMR 4.00 are met in all seasons and throughout the life of the system. [The Board] shall make the final decision of what maintenance option is appropriate in a given situation. [The Board] will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The Operation and Maintenance Plan shall remain on file with [the Board] and shall be an ongoing requirement. The O&M Plan shall include:
A. The name(s) of the owner(s) for all components of the system
B. Maintenance agreements that specify:
1. The names and addresses of the person(s) responsible for operation and maintenance
2. The person(s) responsible for financing maintenance and emergency repairs.
3. A Maintenance Schedule for all drainage structures, including swales and ponds.
4. A list of easements with the purpose and location of each.
5. The signature(s) of the owner(s).
C. Stormwater Management Easement(s).
1 Stormwater management easements shall be provided by the property owner(s) as necessary for:
a. access for facility inspections and maintenance,
b. preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event.
c. direct maintenance access by heavy equipment to structures requiring regular cleanout.
2. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.
3. Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the [The Board].
4. Easements shall be recorded with the __________County Registry of Deeds prior to issuance of a Certificate of Completion by the [Board].
D. Changes to Operation and Maintenance Plans
1. The owner(s) of the stormwater management system must notify [the Board] of changes in ownership or assignment of financial responsibility.
2. The maintenance schedule in the Maintenance Agreement may be amended to achieve the purposes of this by-law by mutual agreement of [the Board] and the Responsible Parties. Amendments must be in writing and signed by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility.
SECTION 9. SURETY
[The Board] may require the permittee to post before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by town counsel, and be in an amount deemed sufficient by [the Board] to ensure that the work will be completed in accordance with the permit. If the project is phased, [the Board] may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Board has received the final inspection report as required by Section 10 and issued a Certificate of Completion.
SECTION 10. INSPECTIONS
[The Board] shall inspect the project site at the following stages:
A. Initial Site Inspection: prior to approval of any plan.
B. Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan.
C. Bury Inspection: prior to backfilling of any underground drainage or stormwater conveyance structures.
D. Final Inspection. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. [The Board] shall inspect the system to confirm its "as-built" features. This inspector shall also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he shall so report to [the Board] which will issue a Certificate of Completion.
If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the permittee before the performance guarantee is released. If the permittee fails to act the [town of ________] may use the surety bond to complete the work. Examples of inadequacy shall be limited to: errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins.
SECTION 11. WAIVERS
A. [The Board] may waive strict compliance with any requirement of this by-law or the rules and regulations promulgated hereunder, where:
1. such action is allowed by federal, state and local statutes and/or regulations,
2. is in the public interest, and
3. is not inconsistent with the purpose and intent of this by-law.
B. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the by-law does not further the purposes or objectives of this bylaw.
C. All waiver requests shall be discussed and voted on at the public hearing for the project.
D. If in the [the Board's] opinion, additional time or information is required for review of a waiver request, [the Board] may continue a hearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
SECTION 12. CERTIFICATE OF COMPLETION
[The Board] will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw.
SECTION 13. ENFORCEMENT
A. [The Board] or an authorized agent of [the Board] shall enforce this by-law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
1. [The Board] or an authorized agent of the [the Board] may issue a written order to enforce the provisions of this by-law or the regulations thereunder, which may include requirements to:
a. cease and desist from construction or land disturbing activity until there is compliance with the by-law and the stormwater management permit;
b. repair, maintain; or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan.
c. perform monitoring, analyses, and reporting;
d. remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system.
2. If the enforcing person determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the [city or town] may, at its option, undertake such work, and the property owner shall reimburse the [city or town's] expenses.
3. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the [city or town], including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with [the Board] within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of [the Board] affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.
C. Criminal Penalty. Any person who violates any provision of this by-law, or regulation, order or permit issued thereunder, shall be punished by a fine of not more than $_______. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the [city or town] may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, 䅑 D and [the insert citation town enabling vote/bylaw (if applicable)] of the Town of _________, in which case [the insert title or other authorized agent] of the [city/town] shall be the enforcing person. The penalty for the 1st violation shall be $___. The penalty for the 2nd violation shall be $____. The penalty for the 3rd and subsequent violations shall be $ ________. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
The decisions or orders of [the Board] shall be final. Further relief shall be to a court of competent jurisdiction.
F. Remedies Not Exclusive
The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state or local law.
SECTION 14. SEVERABILITY
If any provision, paragraph, sentence, or clause of this by-law shall be held invalid for any reason, all other provisions shall continue in full force and effect
STORMWATER MANAGEMENT PERMIT APPLICATION
To [The Board]:
The undersigned wishes to submit a Stormwater Management Permit Application as defined in the [Zoning] By-Laws of the Town of [insert Town] Section [reference] and requests a review and determination by [The Board] of the Stormwater Management Plan.
The Stormwater Management Plan involves property where owner's title to the land is derived under deed from , dated , and recorded in the [Insert] County Registry of Deeds, Book , Page , or Land Court Certificate of Title No. , Registered in District, Book , Page .
Give a brief summary of the nature of the project.
The property (building) is described as being located at ; it is currently used as , and the changes proposed to be made are .
The project is located on the parcel shown on Assessors Map , Parcel .
Applicant's Signature Owners' Signature(s)
Applicant's Name (print) Owners' Names(s)
Applicant's Address Owners' Address
Date Received by Town Clerk:
Please note: 1) An applicant for a Stormwater Management Plan Review must file with [the Board] a completed Stormwater Management Permit Application Form, a list of abutters, three (3) copies of the Stormwater Management Plan Package, three (3) copies of the Operation and Maintenance Plan, and the Application and Review Fees as noted in the Stormwater Management Plan Review Fee Schedule. 2) The applicant shall also file a copy of the Stormwater Management Plan, Operation & Maintenance Plan, and the Application Form with the Town Clerk. The date of receipt by the Town Clerk shall be the official filing date. 3) This application grants [the Board and its agents] permission to enter the property for inspection and verification of information submitted in the application.
Stormwater Management Plan Review Fee Schedule
The following fee schedules are minimum fees. [The Board] may require higher fees if deemed necessary for proper review of an application or to ensure compliance.
Lot Area Professional Review Fee Application Fee
Less Than 3 Acres $_________ $________
3 to 10 Acres $________ $________
Greater than 10 Acres $________ times the acreage $_______
Filing Fee $____
Review Fee $____
1. Any application not accompanied by the appropriate fee shall be deemed incomplete. Payment must be made to [The Board] in cash, money order, bank or certified check payable to the Town of [insert name].
2. An Applicant's failure to pay any additional review or inspection fee within five business days of receipt of the notice that further fees are required shall be grounds for disapproval.
3. The [The Board] will publish the public notice and send abutter notifications. Abutter notification shall be by certified mail-return receipt requested. The applicant shall pay all costs associated with the publication and notification requirements. These costs shall not be imposed on the applicant if the applicant completes the public notice and abutter notification requirements, and provides [The Board] with copies of the public notices and the return receipt cards.
Professional review fees include engineering review, legal review, and clerical fees associated with the public hearing and permit processing. A fee estimate may be provided by [The Board's] consulting engineer.