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Purposes
a. The purposes of this Bylaw are to: 1) protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures to control the adverse effects of
increased post-development storm water runoff and nonpoint source pollution associated with new development
and redevelopment; 2) Protect, maintain, and enhance the public safety, environment and general welfare by
establishing minimum standards and procedures to control runoff and prevent soil erosion and sedimentation
resulting from construction/alteration and development.
b. It has been determined that proper management of construction site/alteration and post-development storm
water runoff will minimize damage to public and private property and infrastructure, safeguard the public
health, safety, environment and general welfare of the public, protect water and aquatic resources, and promote
groundwater recharge to protect surface and groundwater drinking supplies. This Bylaw seeks to meet that
purpose through the following objectives:
1. Establish decision-making processes surrounding land development activities that protect the integrity
of the watershed and preserve the health of water resources;
2. Require that new development, redevelopment and all land conversion activities maintain the after-
development runoff characteristics as equal to or less than the pre-development runoff characteristics
in order to reduce flooding, stream bank erosion, siltation, nonpoint source pollution, property damage,
and to maintain the integrity of stream channels and aquatic habitats;
3. Establish minimum construction/alteration and post-development storm water management standards
and design criteria for the regulation and control of storm water runoff quantity and quality; Establish
minimum design criteria for the protection of properties and aquatic resources downstream from land
development and land conversion activities from damages due to increases in volume, velocity,
frequency, duration, and peak flow rate of storm water runoff; Establish minimum design criteria for
measures to minimize nonpoint source pollution from storm water runoff which would otherwise
degrade water quality;
4. Establish design and application criteria for the construction and use of structural storm water control
facilities that can be used to meet the minimum construction/alteration and post-development storm
water management standards;
5. Encourage the use of nonstructural storm water management, storm water better site design practices
or “low-impact development practices”, such as reducing impervious cover and the preservation of
greenspace and other natural areas, to the maximum extent practicable; Coordinate site design plans,
which include greenspace, with the Town’s greenspace protection plan;
6. Establish provisions for the long-term responsibility for and maintenance of structural storm water
control facilities and nonstructural storm water management practices to ensure that they continue to
function as designed, are maintained, and pose no threat to public safety;
7. Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper
review, inspection and long-term maintenance of storm water facilities implemented as part of this
Bylaw;
8. Establish administrative procedures for the submission, review, approval or disapproval of storm water
management plans, and for the inspection of approved active projects, and long-term follow up;
Establish certain administrative procedures and fees for the submission, review, approval, or
disapproval of storm water plans, and the inspection of approved projects.
The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional
definitions may be adopted by separate regulation:
ALTER: Any activity, which will measurably change the ability of a ground surface area to absorb water
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or will change existing surface drainage patterns. Alter may be similarly represented as “alteration of
drainage characteristics,” and “conducting land disturbance activities.”
BEST MANAGEMENT PRACTICE (BMP): Structural, non-structural and managerial techniques that are
recognized to be the most effective and practical means to prevent and/or reduce increases in storm
water volumes and flows, reduce point source and nonpoint source pollution, and promote storm water
quality and protection of the environment. “Structural” BMPs are devices that are engineered and
constructed to provide temporary storage and treatment of storm water runoff. “Nonstructural” BMPs
use natural measures to reduce pollution levels, do not require extensive construction efforts, and/or
promote pollutant reduction by eliminating the pollutant source.
BETTER SITE DESIGN: Site design approaches and techniques that can reduce a site’s impact on the
watershed through the use of nonstructural storm water management practices. Better site design
includes conserving and protecting natural areas and green space, reducing impervious cover, and
using natural features for storm water management.
HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as auto salvage yards,
auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt
storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous
substances, or marinas.
MASSACHUSETTS STORM WATER 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 storm water
impacts through implementation of performance standards to reduce or prevent pollutants from
reaching water bodies and control the quantity of runoff from a site.
NEW DEVELOPMENT: Any construction or land disturbance of a parcel of land that is currently in a
natural vegetated state and does not contain alteration by man-made activities.
NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources 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.
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
Winchester, and any other legal entity, its legal representatives, agents, or assigns.
PRE-DEVELOPMENT: The conditions that exist at the time that plans for the land development of a tract
of land are submitted to the [Planning Board]. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan
submission shall establish pre-development conditions.
POST-DEVELOPMENT: The conditions that reasonably may be expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land. Post-development refers
to the phase of a new development or redevelopment project after completion, and does not refer to the
construction phase of a project.
RECHARGE: The replenishment of underground water reserves.
REDEVELOPMENT: Any construction, alteration, or improvement exceeding land disturbance of 7500
square feet, where the existing land has been subject to previous development.
SLOPE: The vertical rise divided by the horizontal distance and expressed as a fraction or
Town of Winchester, Proposed Stormwater Bylaw
percentage, e.g. one-fifth (1/5) or twenty (20) percent.”
STORM WATER AUTHORITY: The Town of Winchester Planning Board or its authorized agent(s). The
Winchester Planning Board or its authorized agent(s) are responsible for coordinating the review,
approval and permit process as defined in this Bylaw. Other Boards and/or departments of the Town of
Winchester, including (but not limited to) the Conservation Commission, Board of Health, and
Highway Department, may participate in the review process as defined in the Stormwater Regulations
adopted by the Planning Board.
STORM WATER MANAGEMENT PERMIT (SMP): A permit issued by the Planning Board, after review
of an application, plans, calculations, and other supporting documents, which is designed to protect the
environment of the Town from the deleterious affects of uncontrolled and untreated storm water
runoff.
51-3 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, and as authorized by the residents of the Town of Winchester at Town Meeting, dated
_______________
51-4 ADMINISTRATION
a. The Planning Board, shall administer, implement and enforce this Bylaw. Any powers granted to or duties
imposed upon the Planning Board may be delegated in writing by the Planning Board to its employees or
agents.
b. Storm water Regulations. The Planning Board may adopt, and periodically amend, rules and regulations
relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or
consultant fees), procedures and administration of this Storm water Management Bylaw by majority vote of
the Planning Board, after conducting a public hearing to receive comments on any proposed rules and
regulations, or revisions thereto. Such hearing dates shall be advertised in a newspaper of general local
circulation, at least fourteen (14) days prior to the hearing date. The Planning Board may promulgate rules
and regulations to effectuate the purposes of this Bylaw. Failure by the Planning Board 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.
c. Storm water Management Manual. The Planning Board will utilize the policy, criteria and information
including specifications and standards of the latest edition of the Massachusetts Storm water Management
Policy, for execution of the provisions of this Bylaw. This Policy includes a list of acceptable storm water
treatment practices, including the specific design criteria for each storm water practice. The Policy may be
updated and expanded periodically, based on improvements in engineering, science, monitoring, and local
maintenance experience. Unless specifically altered in the Storm water Regulations, storm water
management practices that are designed, constructed, and maintained in accordance with these design and
sizing criteria will be presumed to be protective of Massachusetts’s water quality standards.
d. Actions by the Planning Board. The Planning Board may take any of the following actions as a result of an
application for a Storm water Management Permit as more specifically defined as part of Storm water
Regulations promulgated as a result of this Bylaw: Approval, Approval with Conditions, Disapproval, or
Disapproval without Prejudice.
Town of Winchester, Proposed Stormwater Bylaw
e. Appeals of Action by the Planning Board. A decision of the Planning Board shall be final. A decision by
the Planning Board made under this Bylaw shall be reviewable in the Superior Court in an action filed
within 60 days thereof, in accordance with M.G.L. Ch 49 § 4.
51-5 APPLICABILITY
a. This bylaw shall be applicable to all new development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, grading applications, land use conversion applications, any activity that will
result in an increased amount of storm water runoff or pollutants flowing from the a parcel of land, or any activity
that will alter the drainage characteristics of a parcel of land. An alteration, redevelopment, or conversion of land use
to a hotspot such as, without limitation: auto salvage yards, auto fueling facilities, fleet storage yards, commercial
parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage
and loading areas of hazardous substances, or marinas, shall require a Storm water Management Permit. 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.
alternative language
(a) No building, structure, or land shall be used, occupied, or altered; nor shall any building, structure, or part thereof
be erected, constructed, reconstructed, moved, enlarged, or structurally altered; nor shall any changed use be
established for any building, structure, or land; nor shall any land disturbing activity commence unless in conformity
with the provisions of this ordinance, except that Part II of this ordinance shall not apply to:
(1) Any subdivision approved by the Town of Wincehester Planning Board as a plat for
recording as of the effective date of this Ordinance.
(2) Any agriculture, mining, or forestry activities; or
(3) Any activity that disturbs one acre or less of land to establish, expand, or replace a single
family or duplex residential development or recreational facility; or
(4) Any activity on an individual single family residential lot of record that results in ten
percent or less new built-upon area to establish, expand, or replace a single family
residence not part of a larger common plan of development or sale; or
(5) Any activity that disturbs one-half acre or less of land to establish, expand, or replace a
multifamily residential development or a commercial, industrial or institutional facility.
(b) It shall be the burden of the property owner or developer to prove to the satisfaction of the Stormwater
Administrator that their proposed project meets the exception listed in (A) above. Any person claiming such an
exception shall file a request for determination of exception with the Stormwater Administrator either prior to or in
conjunction with an application for a stormwater permit issued by Beaufort County. Such request shall be in writing
and shall include all relevant documentation to prove such exception.
(c) Redevelopment projects that result in no net increase in built-upon area and/or provide equal or greater
stormwater control than the previous development will be considered in compliance with the nutrient loading and
post-construction management requirements of this ordinance.
(d) New development projects with overall impervious surfaces of less than 15% that dedicate the remaining
portions of the site to convey and control stormwater runoff are exempt for this by-law.
51-6 INCORPORATION OF STORMWATER POLICY BEST MANAGEMENT PRACTICES MANUAL
The Massachusetts Stormwater Policy Handbook Volume II, and all amendments thereto, is hereby adopted as the
standard for issuance of a stormwater permit in the Town of Winchester as fully as though set forth herein. If any
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standard, requirement, or procedure as set forth in the manual is in conflict with any standard, requirement, or
procedure as set forth in this ordinance then the most stringent shall prevail.
51-7 PROCEDURES
(A) Permit Required.
No person shall receive any permit for land development or land disturbing activity
without first meeting the requirements of this part and receiving a stormwater permit
prior to commencing the proposed activity unless specifically excluded from the
requirements of this ordinance.
(B) Application Requirements.
(1) Any person desiring a stormwater permit shall submit a permit application to the
Stormwater Administrator on a form provided by the Town of Winchester for
that purpose.
(2) Unless otherwise excepted by this ordinance, a permit application must be
accompanied by the following in order for the permit application to be
considered:
(a) Two copies of a stormwater management plan,
(b) Two copies of an operation and maintenance agreement, and
(c) A non-refundable permit review fee.
(C) Application Procedure.
(1) Applications for a stormwater permit may be filed with the Stormwater
Administrator during regular business hours.
(2) An application for a stormwater permit may be filed simultaneously with an
application for a building permit, grading permit or other land development
permit issued by the Town of Winchester.
(3) Any applicant claiming a variance to one or more requirements of this ordinance
shall submit evidence of valid approval of such variance at the time of permit
application.
(D) Stormwater Management Plan Requirements.
(1) All plans shall be prepared and sealed by a qualified professional who also
certifies under seal that the plan, including engineering detail, conforms to the
minimum requirements established by this ordinance.
(2) All plans shall include a site plan, which at a minimum, clearly indicates the
following features unless the Stormwater Administrator determines that certain
elements are not appropriate or are unnecessary for a particular application:
(a) Ownership and use of the proposed site and all surrounding properties;
(b) The entire area of development and existing built-upon area on the site;
(c) Existing and proposed structures and impervious surfaces;
(d) The location of any watercourses or surface water bodies;
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(e) The location, extent and dimensions of all existing and proposed
stormwater conveyances on and immediately adjacent to the
development site;
(f) Existing and proposed buffer areas;
(g) Existing and proposed open space;
(h) Existing and proposed topography using two foot contours;
(i) Existing and proposed structural BMPs;
(j) The extent of existing vegetation; and
(k) Any other information that the Stormwater Administrator needs in
order to determine compliance with these regulations.
(3) All plans shall clearly demonstrate of protection of and diffuse flow through
buffer areas as established in section § 100.18 .
(4) All plans shall include nutrient calculation worksheets and peak flow
calculations as established in sections§ 100.16 and 17. Forms and formulas for
calculating nutrient load and peak flow are available at the office of the
Stormwater Administrator and are included in the Beaufort County Stormwater
Program Plan.
(5) All plans shall include data, site plans, and information necessary to support a
proposed offsite approach, if applicable, established in § 100.19.
(6) All plans shall include a landscaping plan which clearly shows the extent of
undisturbed vegetation and the location, species, number, and planting
characteristics (including height at time of planting, spacing, etc.) of proposed
vegetation. The plan must also describe the vegetative stabilization and
management techniques to be used at the site after construction is completed,
who will be responsible for the maintenance of vegetation, and what practices
will be employed to ensure that adequate vegetative cover is preserved.
(7) All plans shall include engineering detail for each structural BMP, including
calculations, sufficient to determine compliance with this ordinance.
(E) Permit Review and Approval Procedure.
(1) A copy of the permit application shall be forwarded to the Conservation
Commision for review. The committee shall have sixty (60) days to review the
application from the date of submittal and shall forward all comments to the
Stormwater Administrator.
(2) The Stormwater Administrator shall approve, approve with conditions, or deny
the permit application within sixty (60) days of receipt of all comments from the
Conservation Commision.
(3) If the permit application is denied, the Stormwater Administrator shall provide
written comments to the applicant explaining the reason(s) for denial.
(4) If the permit application is approved by the Stormwater Administrator, a
stormwater permit shall be issued.
(5) A previously denied permit application may not be resubmitted for consideration
unless the Stormwater Administrator determines that material facts, either in the
ordinance or the application, have changed significantly enough to warrant
reconsideration.
(F) Permit Duration.
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Permits issued under this section shall be valid unless revoked by the Stormwater
Administrator.
(G) Permit Amendments.
Once an applicant has received a stormwater permit, any minor change or alteration to
the site, as determined by the Stormwater Administrator, that is inconsistent with the
approved permit shall require an amendment to the approved permit. Any major change
or alteration to the site, as determined by the Stormwater Administrator, shall require the
owner to submit a new stormwater permit application to the Stormwater Administrator
for review and approval. Until such amendment or new permit has been approved, no
work inconsistent with the original permit shall be commenced.
(H) Permit Recordation.
Permits issued under this section shall not be valid until they have been approved by the
Stormwater Administrator, the final plat has been approved by the Town of Winchester
Planning Board. The Stormwater Administrator shall approve the covenants establishing
a responsible homeowners owners association, a description of stormwater infrastructure
and limitations upon each lot prior to final plat approval and recording.
51-8 ENFORCEMENT
The Planning Board or an authorized agent of the Planning Board shall enforce this Bylaw (Stormwater
Administrator), regulations, orders, violation notices, and enforcement orders, and may pursue all civil and
criminal remedies for such violations.
a. Civil Penalty Amounts.
Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any
condition of an approved permit shall be subject to civil penalties as determined by the Stormwater
Administrator.
b. Criminal Penalties.
Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any
condition of an approved permit shall be guilty of a misdemeanor punishable by fines and/or imprisonment as
determined by the court.
c. Injunctive Relief.
Whenever the county has reasonable cause to believe that any person is violating or threatening to violate any
provision of this ordinance, any order issued pursuant to this ordinance, or any condition of an approved permit,
the county may initiate a civil action in local superior court to restrain the actions of such person that would
constitute a violation. Upon finding that such violation has occurred or is threatened to occur, the court may
issue any order of abatement or action necessary to insure compliance with this ordinance. The institution of an
action for injunctive relief shall not relieve any party to the proceeding from any civil or criminal penalty
prescribed herein.
d. Stop Work Order.
Whenever it is determined that work is proceeding without a valid stormwater permit, that work is proceeding
in a manner inconsistent with a valid stormwater permit, or that work while proceeding according to a valid
permit is insufficient to meet the requirements of this ordinance, the Stormwater Administrator may issue a stop
work order. The order shall be in writing, directed to the person doing the work and shall state the specific
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work to be stopped, the specific reasons therefore, and the conditions under which the work may be resumed.
An appeal from a stop work order may be filed with the Stormwater Administrator as set out herein.
e. Revocation of Permits.
1. Any permit issued pursuant to this ordinance may be revoked by the Stormwater Administrator at any time
for one or more of the following reasons:
2. Failure to comply with an approved permit.
3. The discovery of false, incomplete, or erroneous information submitted as part of the permit application.
4. Failure to allow reasonable and timely access to the property for any and all inspections deemed by the
county to be necessary to insure compliance with this ordinance.
5. The discovery that a permit was mistakenly issued.
f. Restoration.
Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any
approved stormwater permit shall be, in addition to all other remedies, subject to site restoration. The
Stormwater Administrator shall take into consideration the nature and extent of the violation, the impact upon
the land, public health and safety and any other factors he deems necessary in determining whether or not
restoration shall be required. If the Stormwater Administrator determines that restoration is required, the
violator shall restore all land, water, and vegetation affected by the violation to its condition prior to the
violation except that whenever the prior condition is unknown or disputed the Stormwater Administrator shall
determine the extent of restoration required. Whenever trees are removed in violation of this ordinance, new
trees shall be planted at a rate of nine inches of tree circumference for every one hundred square feet of
disturbed area. All replacement trees shall be native woodland species suited to the growing conditions of the
planting area. In setting the time limits for restoration, the Stormwater Administrator shall take into account the
quantity of work required, planting seasons, and the consequences of delay.
g. Abatement.
Whenever a violation of this ordinance for which a notice of violation has been sent remains uncorrected after
the appeal rights of the violator have been forfeited or exhausted and such violation has been determined by the
Stormwater Administrator to be dangerous or prejudicial to the public health, the county shall have the authority
to remove, abate, or remedy the violation. The expense of this action including administrative costs shall be
billed to the person in violation of this ordinance and, if not paid, shall be a lien upon the land or premises
where the violation occurred and shall be collected as unpaid taxes.
h. Continuing Violations.
Each day of violation shall constitute a separate and distinct violation subject to any and all remedies set forth
herein.
51-9 SEVERABILITY
The invalidity of any section, provision, paragraph, sentence, or clause of this Bylaw shall not invalidate
any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or
determination that previously has been issued.
Town of Winchester, Proposed Stormwater Bylaw
