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HomeMy Public PortalAboutSelect Board Meeting Packet - 09.03.2021TOWN OF BREWSTER SPECIAL TOWN MEETING SEPTEMBER 25TH, 2021 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Saturday, September 25th, 2021, next, at 10:00 o’clock in the morning, then and there to act upon the following articles: Article 1 - 500 W.H. Besse Cartway To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the parcel of land with the improvements thereon located at 500 W.H. Besse Cartway, Brewster, containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing, and/or general municipal purposes, and for the purpose of granting conservation easements and/or restrictions on such portions of the property that the Select Board may determine to provide for habitat protection, watershed protection, open space, conservation and passive recreation purposes, and to raise and appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing acquisition and the payment of all costs incidental or related thereto; provided, however, that the appropriation authorized hereunder shall be contingent upon approval by the voters of a ballot question to exclude the amounts to pay for any bonds or notes authorized for this purpose from the provisions of Proposition 2½, so called, and to authorize the Select Board to convey the foregoing conservation easements and/or restrictions to charitable corporations or trusts whose purposes include conservation of land or water areas on such terms and conditions as the Select Board deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for, accept and expend any state and/or federal grants and/or loans or other public or private funds that may be available for the foregoing purposes and to take any and all actions and execute any and all documents necessary or convenient to accomplish the foregoing purposes; or take any other action in relation thereto. Article 2 - 3057 Main Street That the Select Board is authorized to acquire, by purchase, gift, and/or eminent domain, the parcel of land with the improvements thereon located at 3057 Main Street, Brewster, containing 54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding therefrom the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No. 30242, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing, community center and/or general municipal purposes, and for the purpose of granting conservation easements and/or restrictions on such portions of the property that the Select Board may determine to provide for habitat protection, watershed protection, open space, conservation and passive recreation purposes, and to raise and appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing acquisition and all costs incidental or related thereto; provided, however, that the appropriation authorized hereunder shall be contingent upon approval by the voters of a ballot question to exclude the amounts to pay for any bonds or notes authorized for this purpose from the provisions of Proposition 2½, so called, and to authorize the Select Board to convey the foregoing conservation easements and/or restrictions to charitable corporations or trusts whose purposes include conservation of land or water areas on such terms and conditions as the Select Board deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for, accept and expend any state and/or federal grants and/or loans or other public or private funds that may be available for the foregoing purposes and to take any and all actions and execute any and all documents necessary or convenient to accomplish the foregoing purposes; or take any other action in relation thereto. Article 3 - Maintenance and Upkeep of Properties To see if the Town will vote to transfer from free cash the sum of $200,000 to pay costs associated with the maintenance, security, operations, repair and/or rehabilitation of the parcels of land and the improvements thereon located at 3057 Main Street and/or 500 W.H. Besse Cartway, with said moneys to be expended under the direction of the Select Board; or take any other action in relation thereto. You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster, affixed this 3rd day of September 2021. __________________________________________ ______________________________________ Cynthia A. Bingham, Chair Edward B. Chatelain, Vice-Chair __________________________________________ ______________________________________ David C. Whitney, Clerk Mary W. Chaffee __________________________________________ Kari Sue Hoffmann I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of September 25, 2021 by posting attested copies thereof, in the following locations in the Town on the 3rd day of September 2021. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable Archive d: Thursday, September 2, 2021 4:43:06 PM From: Lynn St. Cyr Se nt: Mon, 30 Aug 2021 14:19:29 +0000Authentication To: Erika Mawn Cc: Ryan Bennett; Paul Wallace; Peter Lombardi; Donna K alinick Subje ct: Referral for proposed Stormwater Management Bylaw Se ns itivity: N ormal Attachme nts : Stormwater_2021TM_ArticleXX_Final.docx; Stormwater_2021TM_ArticleXX_Final.pdf; Good morni ng Eri ka, At their August 25, 2021 meeti ng, the Pl anning Board voted 5-0-0 to refe r the attache d propose d Stormwater Management Byl aw to the Se l e ct Board to initi ate the public he ari ng prior to the November Town Me e ting. The Stormwate r Management Byl aw is proposed as Chapter 272 of the Bre wste r Town Code. We re que st the Select Board refe r this article back to the Pl anning Board at your Septe mbe r 3, 2021 meeti ng to satisfy the Attorne y General require me nts. The Planni ng Board wi l l hold a publ i c hearing on this propose d byl aw on Wednesday, Septe mbe r 22, 2021. Please let me know if you have any questi ons. Thank you and take care, Lynn Lynn M. St. Cyr Se ni or Departme nt Assistant Planni ng Departme nt Bre wste r Town Offices 2198 Main Street Bre wste r, MA 02631 T: 508-896-3701 x1233 F: 508-896-8089 Beginning Tuesday July 6th, Town offices will be open to the public on Tuesday, Wednesday, and Thursday. Residents and visitors are urged to continue to access town services remotely if possible. Phone messages and email communications will continue to be answered promptly. If you need assistance, please call (508)896-3701 ext. 1133 and/or email us at brewplan@brewster-ma.gov. Thank you for your understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov. Article XX-Stormwater Management Bylaw Purpose: To add a Stormwater Management Bylaw, proposed as Chapter 272 of Brewster’s Town Code, to incorporate required elements from the Massachusetts Municipal Separate Storm Sewer Systems (MS4) General Permit, and to further the Town’s water quality improvement plans to mitigate stormwater impacts to ponds. Chapter 272 Stormwater Management Bylaw Purpose and Objectives A. The purpose of this Bylaw is to protect, maintain, and enhance public health, safety, environment, and general welfare of the Town by preventing or diminishing adverse effects of construction-site and post-construction stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the health, safety, environment, and general welfare of the public, protect water and aquatic resources, protect and enhance wildlife habitat, and promote groundwater recharge to protect surface and groundwater drinking supplies. This Bylaw seeks to meet that purpose through the following objectives: (1) Establish minimum stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; (2) Encourage the use of nonstructural stormwater management, better site design, and low impact development practices such as preserving natural resources and open space, reducing impervious surface area, and increasing infiltration; (3) 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 and pose no threat to public safety; (4) Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this Bylaw; (5) Establish the Town of Brewster’s legal authority to ensure compliance with the provisions of this bylaw through permitting, inspection, monitoring, and enforcement; and (6) Comply with state and federal statutes and regulations relating to stormwater discharges including Total Maximum Daily Load requirements and with the General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4 Permit), issued by the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection. Definitions The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional definitions may be adopted by separate regulation. 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 or 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. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Land Disturbance Permit or Administrative Land Disturbance Approval. BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. CLEARING: Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT: - A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil. INFILTRATION: The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site. LAND DISTURBANCE ACTIVITY: 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, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts. 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 Brewster. NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not previously been developed to include impervious surface. 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 ensure that it continues to function as designed. 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. RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: The areal extent of construction and land disturbance activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface. STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s), acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt regulations pursuant to it. STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, in accordance with the provisions of this Bylaw. TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant. WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream. 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. Authority This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. Administration A. The Stormwater Authority shall administer, implement, and enforce this Bylaw. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents. B. The Brewster Planning Board shall be the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster General Bylaw Chapter 172), the Planning Board shall delegate authority to the Conservation Commission to implement and enforce this Bylaw. C. This Bylaw is not intended to interfere with, abrogate, or annul any other Town of Brewster bylaw, rule or regulation, statute, or other provision of law. The requirements of this Bylaw should be considered minimum requirements, and where any provision of this Bylaw imposes restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. Applicability A Stormwater Permit shall be required for any of the following, except for an activity exempted under Section 6 of this Bylaw: A. Any land disturbance activity that will disturb 10,000 square feet or more, or smaller land disturbance activities that are part of a larger common plan of alteration or development that will disturb 10,000 square feet or more; B. Any new development or redevelopment that will result in a net increase in impervious surface area by 500 square feet or more, or smaller activities that are part of a larger common plan of alteration or development that will result in a net increase in impervious surface area by 500 square feet or more; or C. Any land disturbance activity, new development, or redevelopment that, over a two-year period, will result in a cumulative land disturbance of more than 10,000 square feet and/or a cumulative net increase in impervious surface area of more than 500 square feet to land that is part of a larger parcel held in common ownership or control at any time since said date. For the purposes of this Section, ownership by related or jointly controlled persons or entities shall be considered common ownership. In such cases, the new activity is prohibited until either: (1) All activities that previously disturbed land and/or increased impervious surface area as described in this Section are brought into full compliance with the requirements and standards of this Bylaw, or (2) The application for permit under this Bylaw for the new activity includes bringing the land previously disturbed and/or the impervious surface area previously increased into full compliance with the requirements and standards of this Bylaw. If the involved land is not currently held in common ownership, all owners of the involved land must jointly apply for the permit. D. A development or alteration of land shall not be segmented or phased in a manner to avoid compliance with this Bylaw. Exemptions The following activities are exempt from the requirements of this Bylaw, provided that such activities utilize the best practical measures to avoid any negative impacts on stormwater quality, runoff rate, and volume. A. Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw. B. Maintenance and improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act regulation 310 CMR 10.04. C. Maintenance of existing landscaping, gardens, or lawn areas associated with a residential dwelling conducted in such a way as to not cause a nuisance. D. Construction of fencing that will not substantially alter existing terrain or drainage patterns. E. Construction of utilities other than drainage (gas, water, electric, telephone, etc.) that will not alter terrain, ground cover, or drainage patterns or result in discharge of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the Commonwealth. F. Emergency repairs to existing utilities (gas, water, electric, telephone, drainage, etc.) or emergency repairs to any stormwater management facility that poses a threat to public health or safety, as determined by the Stormwater Authority. G. Maintenance or resurfacing (not including reconstruction) of an existing public or private way, parking area, or driveway, provided that such activity does not increase impervious surface area and that resurfacing does not disturb the pavement subbase. Stormwater Management Regulations A. The Stormwater Authority shall promulgate and periodically amend Stormwater Management Regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees), delegation of authority, procedures, and administration of this Bylaw. Failure of the Stormwater Authority to issue such regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this Bylaw. B. The Stormwater Authority may establish a Minor Stormwater Permit for specific activities. (1) The purpose of the Minor Stormwater Permit is to simplify the permitting process under this Bylaw by waiving certain submission requirements, provided a set of predetermined eligibility criteria and performance standards are met. (2) The eligibility criteria, performance standards, and submission requirements for Minor Stormwater Permits shall be outlined in the Stormwater Management Regulations promulgated in accordance with this Bylaw. (3) The Stormwater Authority may allow Minor Stormwater Permits to be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. C. The Stormwater Authority may establish criteria, procedures, and standards for off-site compliance with post-construction stormwater management performance standards established in the Stormwater Management Regulations promulgated under this Bylaw. Performance Standards A. Performance standards shall be defined as part of the Stormwater Management Regulations promulgated under this Bylaw. B. Unless specifically altered by this Bylaw or its regulations, the Stormwater Authority will use the latest accepted versions of the Massachusetts Stormwater Management Regulations as contained in the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.05 (6)(k) and the Massachusetts Stormwater Handbook as issued by the Massachusetts Department of Environmental Protection for criteria, policy, standards, stormwater systems design and engineering, compliance documentation requirements, and general information for the execution of the provisions of this Bylaw. C. Unless specifically altered in this Bylaw and its regulations, the Stormwater Authority shall presume that stormwater management practices designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Handbook meet the performance standards of this Bylaw. For requirements that are inconsistent between the Massachusetts Stormwater Management Handbook and the MS4 Permit, the Stormwater Authority will enforce the more stringent of the requirements. Procedures A. A Stormwater Permit must be obtained prior to the commencement of any construction or land disturbance activity for which such a permit is required. An Applicant seeking a permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this Bylaw and in regulations adopted by the Stormwater Authority. B. Each application must be accompanied by the appropriate application fee as established by the Stormwater Authority. Applicants shall pay the application fee before the review process commences. The Stormwater Authority is authorized to retain a Registered Professional Engineer (PE) or other professional consultant to advise the Stormwater Authority on any or all aspects of the application and/or the project’s compliance with conditions of a Stormwater Permit. The Stormwater Authority may require the applicant to pay reasonable costs to be incurred by the Stormwater Authority for the employment of outside consultants pursuant to Stormwater Authority regulations as authorized by M.G.L. c. 44, § 53G. C. To obtain a Stormwater Permit, the applicant must show that site design, construction-site stormwater management, and post-construction stormwater management will meet the standards established by the Stormwater Authority in its regulations, which shall be at least as stringent as the relevant requirements of the MS4 Permit and the Massachusetts Stormwater Handbook. D. The Stormwater Permit shall include measures to ensure adequate long-term operation and maintenance of stormwater management design features and BMPs. E. The Stormwater Authority may impose requirements, including but not limited to the following: (1) A requirement that funds for future operation and maintenance be set aside in a dedicated fund or escrow account; (2) A permanent permit condition requiring compliance with an Operation and Maintenance Plan; (3) A permanent permit condition requiring that the property owner submit an annual report or certification regarding operation and maintenance; (4) A requirement to record the Operation and Maintenance Plan (or notice thereof); (5) A requirement that a legal instrument be put in place establishing responsibility for operation and maintenance of a stormwater BMP serving more than one lot; and (6) A requirement that an easement be recorded allowing the Town to access a stormwater BMP to remedy any operational failure or maintenance problem. Consent to Entry onto Property By signing the permit application, the Applicant consents to the entry of members of the Stormwater Authority or its authorized agents on the property while the application is under review to verify the information in the application, and at any time after a Stormwater Permit is issued to inspect for compliance with Stormwater Permit conditions. Inspection and Site Supervision The Stormwater Authority or its designated agent shall make inspections to verify and document compliance with the Stormwater Permit. Surety The Stormwater Authority may require the applicant 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 the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit. If the permittee defaults on any obligations imposed by the Stormwater Permit, the Stormwater Authority may (after notification of the permittee) inform the holder of the security (and the municipal treasurer if the treasurer is not holding the funds) of the default, in which event the Town shall be entitled to the security funds. Waivers F. The Stormwater Authority, or its authorized agent, may waive strict compliance with any requirement of this Bylaw if it finds that: (1) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site; (2) The project is consistent with the purposes and intent of this Bylaw; and (3) The project provides substantially the same level of protection to the public health, safety, environment, and general welfare of the Town as required by this Bylaw. G. Any person seeking a waiver shall submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request. H. Waiver requests, except those for activities eligible for Minor Stormwater Permits, shall be discussed and voted on at a public hearing for the project. I. Waiver requests for Minor Stormwater Permits may be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. J. If in the opinion of the Stormwater Authority or its authorized agent, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement, or fails to provide requested information, the waiver request shall be denied. Enforcement The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations. A. Criminal and Civil Relief. (1) Any person who violates the provisions of this Bylaw, or any associated regulations, permit, or order issued thereunder, may be subject to criminal penalties and prosecution in a court of competent jurisdiction and/or a fine of not more than $300 per violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. (2) The Stormwater Authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. B. Orders. (3) The Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this Bylaw or any associated regulations or permit. Violations include, without limitation, failure to obtain a Stormwater Permit for an activity subject to this Bylaw, or failure to follow the requirements of a Stormwater Permit, or any other authorization issued pursuant to this Bylaw or regulations issued hereunder. The written order may require the violator to remediate the non-compliance and/or any adverse impact caused by it, including without limitation: (a) A requirement to cease and desist from the land-disturbing activity until there is compliance with this Bylaw and provisions of the Stormwater Permit or other authorization; (b) Maintenance, installation, or performance of additional erosion and sediment control measures; (c) Monitoring, analyses, and reporting; (d) Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; (e) Construction, reconstruction, repair, or maintenance of stormwater BMPs or any other aspect of the post-construction stormwater management system; (f) Remediation of adverse impacts resulting from improper construction or operation of the post-construction stormwater management system; and/or (g) A requirement to eliminate discharges, directly or indirectly, into the MS4, a watercourse, or into the Waters of the Commonwealth. (4) If the Stormwater Authority or its authorized agent determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Brewster may, at its option, undertake such work, and expenses thereof shall be charged to the violator. (5) Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority within 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 30 days following a decision of the Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction affirming or reducing the costs, the costs shall constitute a municipal charge for purposes of M.G.L. c.40, §58, and a lien may be imposed on the property for the amount of the unpaid charge, pursuant to M.G.L. c.40, §58. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59 § 57 on the 31st day after the costs first become due. C. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in M.G.L. c. 40, § 21D, in which case designated agents of the Stormwater Authority shall be the enforcing persons. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. D. Entry to perform duties under this Bylaw. To the extent permitted by local, state or federal law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary. E. Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be appealed to a court of competent jurisdiction. F. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law. Severability The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this Bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Bylaw.