A.
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.
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.
Purpose.
(1)
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)
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)
This chapter seeks to achieve these goals through the following objectives:
(a)
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)
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)
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)
Establish minimum construction and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quality and quantity;
(e)
Comply with state and federal statutes and regulations relating to stormwater discharges;
(f)
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)
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. 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.