[HISTORY: Adopted by the City Council of
the City of Northampton 6-17-2004 (Ch. 22, Art. V, of the 1977 Code); amended in its entirety 12-15-2022 by Ord. No.
22.204.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments were adopted 2-1-2007; 12-4-2014; and 5-3-2018 by Ord.
No. 18.064.
A.Â
Authority. This chapter is adopted under the authority granted by
the Home Rule Amendment of the Massachusetts Constitution, the Massachusetts
Home Rule statutes and is pursuant to the regulations of the Federal
Clean Water Act, 40 CFR 122.34, and as authorized by the Northampton
City Council.
B.Â
Responsibility for administration. The Director of the Department
of Public Works is hereby designated as the Stormwater Authority.
The Stormwater Authority shall administer, implement and enforce this
chapter. Any powers granted to or duties imposed upon the Director
of the Department of Public Works may be delegated in writing to employees
or agents of the Department of Public Works.
C.Â
Purpose.
(1)Â
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare of the citizens of
Northampton by preventing or diminishing stormwater impacts resulting
from site development and land disturbance. Increased and contaminated
stormwater runoff associated with construction sites, developed land
uses and the accompanying increase in impervious surface area contribute
to flow and water quality impairments in rivers, lakes, ponds, streams,
wetlands and groundwater. Protection of these resources is accomplished
by establishing minimum requirements and procedures to control the
adverse impacts associated with stormwater runoff from new development
and redevelopment. These minimum requirements are identified in the
US EPA National Pollutant Discharge Elimination System General Permit
for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems in Massachusetts ("MS4 Permit") and in the Massachusetts Stormwater
Handbook.
(2)Â
Effective stormwater management provides safe and attractive facilities
that reduce the adverse impacts of stormwater discharges to water
resources in order to attain state and federal water quality standards.
This is accomplished by preventing the discharge of pollutants into
stormwater runoff, minimizing the volume and rate with which stormwater
is discharged to waterbodies from developed sites, preventing erosion
and sedimentation from construction activities, promoting infiltration
for aquifer recharge, and minimizing damage to public and private
property from flooding.
(3)Â
This chapter seeks to achieve these goals through the following objectives:
(a)Â
Require that new development, redevelopment, and land disturbance
activities maintain the natural hydrologic characteristics of the
land and treat for water quality in order to reduce flooding, stream
bank erosion, siltation, nonpoint source pollution, and property damage,
and to maintain the integrity of stream channels and aquatic habitats;
(b)Â
Promote the use of low-impact development (LID) practices such
as reducing impervious cover, treating and infiltrating stormwater
near the source, utilizing environmentally sensitive site design,
and preserving open space and natural areas, to the maximum extent
practicable;
(c)Â
Establish provisions for long-term responsibility for, and maintenance
of, structural stormwater control facilities and nonstructural stormwater
best management practices to ensure that they continue to function
as designed, are properly maintained and minimize public safety risk;
(d)Â
Establish minimum construction and post-construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quality and quantity;
(e)Â
Comply with state and federal statutes and regulations relating
to stormwater discharges;
(f)Â
Establish procedures for the City's review of stormwater
management plans, and establish the City's legal authority to
ensure compliance with the provisions of the chapter through site
inspections, monitoring and enforcement of violations.
(4)Â
Nothing in this chapter is intended to interfere with, abrogate or
annul the requirements of the Code of Ordinances, or any other ordinance,
rule or regulation, statute or other provision of law. The requirements
of this chapter should be considered minimum requirements, and where
any provision of this chapter imposes restrictions different from
those imposed by any other ordinance, 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.
D.Â
APPLICANT
BEST MANAGEMENT PRACTICE (BMP)
CLEARING
COMMON PLAN OF DEVELOPMENT OR SALE
CONSTRUCTION ACTIVITY
DISTURBANCE
GRADING
IMPERVIOUS SURFACE
INDIRECT STORMWATER DISCHARGE
LAND DISTURBANCE ACTIVITY
LAND USES WITH HIGHER POTENTIAL POLLUTANT LOADS (LUHPPL)
LOW IMPACT DEVELOPMENT (LID)
MASSACHUSETTS STORMWATER HANDBOOK AND STORMWATER STANDARDS
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL
PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER
SYSTEMS ("MS4 PERMIT")
NEW DEVELOPMENT
PERSON
REDEVELOPMENT
STORMWATER AUTHORITY
STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC)
STORMWATER MANAGEMENT OPERATION, MAINTENANCE AND INSPECTION
AGREEMENT (MAINTENANCE AGREEMENT)
STORMWATER MANAGEMENT PERMIT
STORMWATER MANAGEMENT REGULATIONS ("REGULATIONS")
Definitions. A complete list of definitions that apply in the interpretation and implementation of this chapter shall be included as part of the Stormwater Management Regulations promulgated as permitted under § 281-3D of this chapter. A partial list of common terms with specific meanings in the context of this chapter is included below:
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 stormwater management permit.
Schedules of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants from a
site. 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.
Any activity that removes the vegetative surface cover.
An area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
Disturbance of the ground by removal of vegetative surface
cover or topsoil, grading, excavation, clearing or filling.
Any action that alters the existing vegetation and/or underlying
soil of a site, such as clearing, grading, site preparation (e.g.,
excavating, cutting, and filling), soil compaction, and movement and
stockpiling of topsoils.
Changing the level or shape of the ground 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, artificial turf,
and compacted gravel or soil.
The discharge of treated or untreated stormwater to the waters
of the U.S. or Commonwealth of Massachusetts, including rivers, streams,
brooks, or wetlands without a connection to or discharge to the municipal
separate stormwater sewer system (MS4) before flows reach the water
resource.
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.
LUHPPLs are defined in 310 CMR 10.04 and further described
in the Massachusetts Stormwater Handbook.
A development strategy that seeks to mimic (or in the case
of redevelopment, restore or recreate) a site's predevelopment
hydrology through protection of on-site natural features and environmentally
sensitive site design that limits impervious areas, reserves open
space, and uses decentralized small-scale facilities to capture and
manage rainfall (or snowmelt) close to where it falls. These small-scale
facilities serve to slow, absorb, and treat flow and include bioretention
areas, vegetated swales, porous pavements, cisterns, and green roofs.
The guidance issued by Massachusetts Department of Environmental
Protection (MassDEP), and as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of
the Massachusetts Wetlands Protection Act, MGL c. 131, § 40,
and the Massachusetts Clean Waters Act, MGL c. 21, §§ 23
through 56. The Handbook and Standards address stormwater impacts
through implementation of performance standards to promote increased
stormwater recharge, the treatment of runoff from polluting land uses,
low-impact development (LID) techniques, pollution prevention, the
removal of illicit discharges to stormwater management systems, and
improved operation and maintenance of stormwater best management practices.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drain system, street,
gutter, curb, inlet, piped storm drain, pumping facility, retention
or detention basin, man-made or altered drainage channel, reservoir,
and other drainage structure that together comprise the storm drainage
system owned or operated by the City of Northampton.
A permit issued by the U.S. Environmental Protection Agency
under the Clean Water Act that regulates the discharge of pollutants
to waters of the United States.
Any construction activities or land alteration on a site
that has not previously been developed to include buildings or impervious
cover.
Any individual, group of individuals, association, partnership,
corporation, company, business, organization, trust, estate, administrative
agency, public or quasi-public corporation or body, the commonwealth
or political subdivision thereof, or any legal entity, its representatives,
agents or assigns.
Any development, rehabilitation, expansion, demolition or
phased project that disturbs the ground surface that is not considered
new development.
The Director of the City of Northampton Department of Public
Works (DPW), or authorized agent(s), acting pursuant to this chapter
to administer, implement, and enforce this chapter and to adopt regulations
pursuant to it.
A document issued by the Stormwater Authority after all construction
activities have been completed, which states that all conditions of
an issued permit have been met and that a project has been completed
in compliance with the conditions set forth in the permit.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term operation, maintenance
and inspection of stormwater management practices and structures.
A permit issued by the Stormwater Authority after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment from the adverse effects
of uncontrolled and untreated stormwater runoff.
Regulations promulgated as authorized under § 281-3D of this chapter.
A.Â
Prior to the issuance of any site plan approval or City-required
construction permit for any proposed development listed below, a stormwater
management permit must be approved by the Stormwater Authority. No
person may initiate a construction or land disturbance activity, including
clearing, grading, excavation or redevelopment that will disturb land
at the thresholds outlined below, without first obtaining a stormwater
management permit. The following activities will be required to submit
a complete stormwater management permit application as provided for
in the Stormwater Management Regulations:
(1)Â
Any construction activity, new development, or redevelopment that will disturb equal to or greater than 43,560 square feet, including land disturbance activity, new development, or redevelopment that is part of a common plan of development or sale that will disturb equal to or greater than 43,560 square feet [construction activity that will disturb greater than 35,000 square feet and less than 43,560 square feet must provide written certification for an exemption in accordance with § 281-2C(9)].
(2)Â
An alteration, redevelopment, or conversion of land use to a "land
use with higher potential pollutant loads," as defined in the most
recent version of the Massachusetts Stormwater Handbook.
B.Â
A development or alteration of land shall not be segmented or phased
in a manner to avoid compliance with this chapter.
C.Â
Exemptions. The following activities are exempt from the requirements
of this chapter:
(1)Â
Any agricultural activity which is consistent with an approved soil
conservation plan prepared or approved by the Natural Resource Conservation
Service;
(2)Â
Any logging activity which is carried out in accordance with a forest
cutting plan approved by the Massachusetts Department of Conservation
and Recreation under the Forest Cutting Practices Act;
(3)Â
Maintenance and improvement of land in agricultural use, as defined
by the Massachusetts Wetlands Protection Act regulation 310 CMR 10.04;
(4)Â
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(5)Â
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;
(6)Â
Any emergency activity that is immediately necessary for the protection
of life, property or the environment, as determined by the Department
of Public Works, the Board of Health or Police or Fire Department
personnel;
(7)Â
Redevelopment activities that are exclusively limited to maintenance
and improvement of existing sidewalks or roadways (including widening
less than a single lane, adding shoulders, correcting substandard
intersections, improving existing drainage systems, and repaving projects),
provided that they improve existing conditions unless infeasible.
Roadway widening or improvements that increase the amount of impervious
area on the redevelopment site by greater than or equal to a single
lane width are subject to the requirements of this chapter and associated
regulations;
(8)Â
Repair or upgrade of existing septic systems when required by the
Board of Health for the protection of public health;
(9)Â
Construction activities on lots with an overall area greater than
one acre and a proposed area of disturbance greater than 35,000 square
feet with a written certification by a registered professional engineer
or a registered land surveyor that the construction activity will
be less than one acre (43,560 square feet);
(10)Â
Any work or projects for which all necessary approvals and permits
(including building permits) have been issued before the effective
date of this chapter.
A.Â
The Stormwater Authority shall administer, implement and enforce
this chapter.
B.Â
This chapter and its related Stormwater Management Regulations shall
be implemented in accordance with the requirements of the United States
Environmental Protection Agency's most recent General Permit
for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems in Massachusetts (MS4 permit) relating to construction site
runoff and post-construction stormwater management, as well as the
Massachusetts Wetlands Protection Act and Massachusetts Stormwater
Handbook. The Stormwater Authority may establish additional requirements
by regulation to further the purposes and objectives of this chapter
so long as they are not less stringent than those in the MS4 permit
for Massachusetts.
C.Â
Waivers.
(1)Â
The Stormwater Authority, or its authorized agent, may waive strict
compliance with any requirement of this chapter or the regulations
promulgated hereunder, where such action is:
(2)Â
Any person seeking a waiver must submit a written waiver request.
Such a request shall be accompanied by an explanation and documentation
supporting the waiver request.
D.Â
Regulations. The Stormwater Authority shall adopt and periodically
review Stormwater Management Regulations that provide rules and/or
written guidance relating to the administration of this Stormwater
Management chapter. Failure of the Stormwater Authority to promulgate
such regulations or a legal declaration of their invalidity by a court
shall not act to suspend or invalidate the effect of this chapter.
(1)Â
When changes to the Stormwater Management Regulations are proposed,
the Stormwater Authority shall hold a public hearing to take comments
on the proposed changes. The date, time and location of the hearing
shall be advertised in a newspaper of general circulation and shall
be posted on the City website at least two weeks prior to the hearing.
At the time of posting, notice of the hearing shall be mailed to the
Building Inspector, Department of Planning and Sustainability, Planning
Board and Conservation Commission. A copy of the proposed Stormwater
Management Regulations shall be posted on the City website at least
two weeks prior to the public hearing, and a copy shall be available
for review at the DPW Administration Building. Comments from the public
hearing will be noted, and all comments and DPW responses to the comments
will be posted on the City website, and a hard copy will be available
at the DPW Administration Building.
(2)Â
Stormwater management regulations, rules or guidance shall identify
requirements for a stormwater management permit required by this chapter
and be consistent with or more stringent than the most recent MS4
permit.
(3)Â
City boards, including but not limited to the Planning Board, Conservation
Commission, and Board of Health, may formally adopt the Stormwater
Management Regulations, or specific sections of the Stormwater Management
Regulations, either directly or by reference.
E.Â
Permits and procedures.
(1)Â
Permits, procedures and requirements shall be defined and included as part of any regulations promulgated as permitted under § 281-3D of this chapter.
(2)Â
A stormwater management permit must be obtained prior to the commencement
of any construction or land disturbance activity for which such a
permit is required. A stormwater management permit must be obtained
prior to issuance of any building, grading or other land development
or construction permits required for the project. An applicant seeking
a stormwater management permit shall file an appropriate application
with the Stormwater Authority in a form and containing information
as specified in this chapter and in regulations adopted by the Stormwater
Authority.
(3)Â
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 management 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 Management Regulations as authorized
by MGL c. 44, § 53G.
(4)Â
To obtain a stormwater management 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.
(5)Â
The stormwater management permit shall require measures to ensure
adequate long-term operation and maintenance of stormwater management
design features and BMPs.
(6)Â
The Stormwater Authority may impose conditions, including (without
limitation) the following:
(a)Â
A requirement that adequate security be provided for future
operation and maintenance;
(b)Â
A permanent permit condition requiring compliance with a stormwater
management operation, maintenance and inspection agreement;
(c)Â
A permanent permit condition requiring that the property owner
submit an annual report or certification regarding operation and maintenance;
(d)Â
A requirement to record the stormwater management operation,
maintenance and inspection agreement (or notice thereof) at the Registry
of Deeds;
(e)Â
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
(f)Â
A requirement that an easement be recorded at the Registry of
Deeds allowing the City to access a stormwater BMP to remedy any operational
failure or maintenance problem that is an imminent threat to public
safety or the environment.
F.Â
Actions.
(1)Â
The Stormwater Authority may take any of the following actions as
a result of an application for a stormwater management permit as more
specifically defined in the Stormwater Management Regulations promulgated
as a result of this chapter:
(a)Â
Approve the stormwater management permit application, subject to such conditions, modifications or restrictions as the Stormwater Authority deems reasonable and necessary, based upon determination that the proposed plan, as conditioned, modified, or restricted, meets the purposes in § 281-1C and the standards in the Stormwater Management Regulations and will adequately protect the water resources of the community as set forth in this chapter and the Regulations;
(b)Â
Request additional information that the Stormwater Authority
deems necessary to adequately describe or review the proposed project,
which information shall be provided within 90 days or such other time
period ordered by the Stormwater Authority;
(c)Â
Disapprove the stormwater management permit application for failure to provide further information in accordance with Subsection F(1)(b), above, or based upon a determination that the proposed plan, as submitted, does not meet the purposes in § 281-1C or the standards in the Regulations, nor adequately protect water resources, as set forth in this chapter and the Regulations.
(2)Â
The Stormwater Authority will render its action in writing and submit
this action to the applicant and the appropriate City departments
or boards. Failure of the Stormwater Authority to take final action
upon an application within the time frames specified in the Regulations
shall be deemed approval of said application and shall authorize the
applicant to proceed in accordance with the plans filed, unless such
time is extended by agreement between the applicant and the Stormwater
Authority.
G.Â
Appeals of actions. A decision of the Stormwater Authority shall
be final. Further relief of a decision made under this chapter shall
be to a court of competent jurisdiction in accordance with MGL c.
249, § 4.
Filing an application for a stormwater management permit grants
the Stormwater Authority, its agent, or designee permission to enter
the property while the application is under review to verify the information
in the application, to inspect for compliance throughout the term
of the resulting permit and at any time after a stormwater management
permit is issued to conduct inspections, surveys or sampling as deemed
reasonably necessary for compliance with the permit conditions. The
property owner shall be provided verbal notification that an inspection
will take place. In the event of an emergency, no notification is
required.
A.Â
The Stormwater Authority shall require the applicant and its contractors
to make inspections as outlined in the Stormwater Management Regulations
to ensure compliance with the permit.
B.Â
The Stormwater Authority or its designated agent may make inspections
as outlined in the Stormwater Management Regulations to verify compliance
with the stormwater management permit.
The Stormwater Authority or their authorized agent shall enforce
this chapter, and any associated regulations, orders, violation notices
and enforcement orders and may pursue all civil and criminal remedies
for such violations.
A.Â
Any development activity that has commenced or is conducted contrary
to this chapter may be restrained by injunction or otherwise abated
in a manner provided by law.
B.Â
When the Stormwater Authority determines that an activity is not
being carried out in accordance with the requirements of this chapter,
it shall issue a written notice of violation to the owner of the property.
The notice of the violation shall contain the following:
(1)Â
The name and address of the owner/applicant;
(2)Â
The address (when available) or the description of the building,
structure, or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring the development
activity into compliance with this chapter and a time schedule for
the completion of such remedial action. Remedial measures may include
the following:
(a)Â
Maintenance, installation or performance of additional erosion
and sediment control measures;
(b)Â
Monitoring, analyses, and reporting;
(c)Â
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity;
(d)Â
Construction, reconstruction, repair or maintenance of stormwater
BMPs or any other aspect of the post-construction stormwater management
system;
(e)Â
Remediation of adverse impacts resulting from improper construction
or operation of the post-construction stormwater management system;
and/or
(f)Â
A requirement to eliminate discharges, directly or indirectly,
into the municipal stormwater system, a watercourse or into the waters
of the commonwealth.
(5)Â
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
C.Â
Persons receiving a notice of violation may be required to halt all
construction activities. This stop-work order will be in effect until
the Stormwater Authority confirms that the development activity is
in compliance and the violation has been satisfactorily addressed.
D.Â
Failure to address a notice of violation in the time frame specified
in the notice of violation can result in civil, criminal, or monetary
penalties as authorized in this chapter.
E.Â
Criminal and civil penalties. Any person who violates any provision
of this chapter or the terms or conditions in any stormwater management
permit or order shall be punishable by a fine of $300 for each day
such violation occurs or for each day that there is a violation of
a permit or order prescribed or issued under this chapter.
F.Â
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Stormwater Authority may elect to utilize the
noncriminal disposition procedure set forth in MGL c. 40, § 21D.
The Director of the Department of Public Works or their designee shall
be the enforcement officer. The penalty for the first violation shall
be a warning. The penalty for the second, third and subsequent violations
shall be $300. Each day or part thereof that such a violation occurs
or continues to occur shall constitute a separate offense.
G.Â
Emergency enforcement action. The Stormwater Authority may determine
that an imminent threat to public health, safety, or the environment
exists, and the Stormwater Authority or designated agent may take
immediate, emergency action to suspend access to the municipal stormwater
system or perform actions to bring the site into compliance. The Stormwater
Authority has the right to bill the violator for penalty fees, reasonable
costs of materials, and personnel labor to perform these emergency
actions, and administrative costs. Within 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 Department of Public Works, including administrative
costs.
H.Â
Restoration of lands. Any person deemed to have violated this chapter
may be required to restore land to its undisturbed condition. In the
event that restoration is not undertaken within a reasonable time
after notice, the Stormwater Authority may take necessary corrective
action, the cost of which shall be billed to the violator.
J.Â
Hold on certificate of occupancy. To any person who violates any
provision of this chapter, any associated regulations or the terms
or conditions in any stormwater management permit, a certificate of
occupancy will not be granted until the Stormwater Authority has confirmed
that the construction activity is in compliance and any notices of
violation have been satisfactorily addressed.
K.Â
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.
At the completion of work, the Stormwater Authority shall issue
a stormwater management certificate of compliance (SMCC) when the
Stormwater Authority has determined that the applicant has submitted
satisfactory documents to meet the requirements/issuance criteria
for an SMCC as specified in the Stormwater Management Regulations.
The Stormwater Authority may require the applicant to secure
an irrevocable letter of credit, or other acceptable financial performance
guarantee, prior to the start of construction and prior to the issuance
of a building permit. The form of the guarantee 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 stormwater management permit. If the project
is phased, the Stormwater Authority may release part of the guarantee
as each phase is completed in compliance with the permit. The final
release of the guarantee will not occur until a stormwater management
certificate of compliance has been issued for the entire project.
When a financial performance guarantee is supplied by the applicant
to guarantee completion of elements of a permit issued by the Planning
Board, the principal held by the City on behalf of the Planning Board
may be increased by an amount determined by the Stormwater Authority,
instead of the Stormwater Authority holding a separate guarantee,
to avoid the double funding of projects and to avoid the added cost
of carrying two letters of credit. The Stormwater Authority must sign
off on completion before the applicant seeks release of the amount
required by this permit.
If any provision, paragraph, sentence or clause of this chapter
shall be held invalid for any reason, all other provisions shall remain
in full force and effect.