City of Northampton, MA Stormwater Management

The purpose of this chapter is to better manage land development in order to protect, maintain, and enhance the public health, safety, and general welfare of the citizens of Northampton by establishing minimum requirements and procedures to control the adverse impacts associated with stormwater runoff.

(2)

The proper management of stormwater runoff will meet the following objectives:

(a)

Reduce the adverse water quality impacts of stormwater discharges to rivers, lakes, reservoirs and streams in order to attain federal water quality standards;

(b)

Prevent the discharge of pollutants, including hazardous chemicals, into stormwater runoff;

(c)

Minimize the volume and rate of stormwater which is discharged, to rivers, streams, reservoirs, lakes and combined sewers that flows from any site during and following development;

(d)

Prevent erosion and sedimentation from land development, and reduce stream channel erosion caused by increased runoff;

(e)

Provide for the recharge of groundwater aquifers and maintain the base flow of streams;

(f)

Provide stormwater facilities that are attractive, maintain the natural integrity of the environment, and are designed to protect public safety;

(g)

Maintain or reduce pre-development runoff characteristics after development to the extent feasible;

(h)

Minimize damage to public and private property from flooding;

(i)

Ensure that these management controls are properly maintained;

(j)

Comply with state and federal statutes and regulations relating to stormwater discharges.

Authority. The Department of Public Works shall administer, implement and enforce this chapter. Any powers granted to or duties imposed upon the Department of Public Works may be delegated in writing by the Board of Public Works to employees or agents of the Department of Public Works.

§ 281-2 Definitions.

The following definitions describe the meaning of the terms used in this chapter:

AUTHORIZED ENFORCEMENT AGENCY: The Northampton Department of Public Works, its employees or agents designated to enforce this chapter.

ADVERSE IMPACT: Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

BEST MANAGEMENT PRACTICES (BMP): Structural or biological devices that temporarily store or treat urban stormwater runoff to reduce flooding, remove pollutants, and provide other amenities. They can also be nonstructural practices that reduce pollutants at their source. BMPs are described in a stormwater design manual, Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended).

CONSTRUCTION ACTIVITY: Disturbance of the ground by removal of vegetative surface cover or topsoil, grading, excavation, clearing or filling.

DESIGN STORM: A rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate to a BMP.

DETENTION: The temporary storage of storm runoff in a BMP, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.

DISTURBANCE: Any land clearing, grading, bulldozing, digging or similar activities.

DRAINAGE AREA: That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline.

DRY WELL: Similar to an infiltration trench but smaller with inflow from a pipe; commonly covered with soil and used to infiltrate stormwater from drainage areas of less than one acre such as roadside inlets and rooftop runoff.

EASEMENT: A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

FLOW ATTENUATION: Prolonging the flow time of runoff to reduce the peak discharge.

HYDROLOGY MODEL: May include one of the following:

IMPERVIOUS SURFACES: Areas, such as pavement or rooftops, which prevent the infiltration of water into the soil.

INFILTRATION: The downward movement of water from the surface to the subsoil.

INFILTRATION TRENCH: A stormwater management excavation with no outlet, filled with aggregate, which receives pretreated stormwater runoff and infiltrates this water into the soil. Trenches are not intended to trap coarse sediments.

MAINTENANCE AGREEMENT or OPERATION, MAINTENANCE AND INSPECTION AGREEMENT: 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.

OUTFALL: The terminus of a storm drain or other stormwater structure where the contents are released.

PEAK DISCHARGE: The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.

PERMEABLE SOILS: Soil materials with a sufficiently rapid infiltration rate so as to greatly reduce or eliminate surface and stormwater runoff. These soils are generally classified as NRCS hydrologic soil Types A and B.

PERSON: 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.

RECHARGE: The replenishment of underground water reserves.

RETENTION: The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.

START OF CONSTRUCTION: The first land-disturbing activity associated with a development, including land preparation, such as clearing, grading and filling; installation of streets and walkways; excavation for basements; footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

SWALE: A natural depression or wide shallow ditch used to temporarily store, route, or filter runoff.

§ 281-3 Applicability.

Applicability.

(1)

This chapter shall apply to flows entering the municipally owned separate storm sewer system (MS4), stormwater discharges, and indirect stormwater discharges.

(2)

Prior to the issuance of any site plan approval or development permit for any proposed development listed below, a stormwater management permit, or a waiver of the requirement for a stormwater management permit, must be approved by the Department of Public Works. No person shall, on or after the effective date of this chapter, initiate any land clearing, land grading, earthmoving or development activities without first complying with this chapter. The following activities shall be required to submit drainage reports, plans, construction drawings, specifications and as-constructed information in conformance with the requirements of this chapter:

(a)

Construction activities of any kind disturbing greater than 43,560 square feet or is part of a common plan of development or sale that will disturb greater than 43,560 square feet.

Exemptions. To prevent the adverse impacts of stormwater runoff, the Northampton Department of Public Works has developed a set of performance standards that must be met at new development sites. These standards apply to construction activities as described under Subsection A(2) above. The following activities may be exempt from these stormwater performance standards:

(1)

Any agricultural activity, which is consistent with an approved soil conservation plan prepared or approved by the Natural Resource Conservation Service.

(2)

Any logging which is consistent with a timber management plan approved under the Forest Cutting Practices Act by Massachusetts Department of Environmental Management.

(3)

Additions or modifications to existing single-family structures.

(4)

Any emergency activity that is immediately necessary for the protection of life, property or the environment, as determined by the Department of Public Works.

(5)

Discharges into soil-based systems or isolated low areas which will not overflow into a surface flow and have been demonstrated by a certified professional soil scientist, hydrologist, or registered professional engineer to have a minimum of four-month residence time between discharge point and any waters of the United States.

(6)

Construction activities on sites with an overall area greater than one acre with written certification by a registered professional engineer or registered land surveyor that the land disturbance will be less than one acre.

(7)

Projects permitted and approved by the City of Northampton prior to the effective date of this chapter.

Stormwater design manual.

(1)

A stormwater design manual, Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended) is hereby incorporated by reference as part of this chapter, and shall furnish additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this chapter.

(2)

This manual includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The manual may be updated and expanded from time to time, based on improvements in engineering, science, monitoring, and local maintenance experience, at the discretion of the Northampton Department of Public Works or Massachusetts Department of Environmental Protection. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards.

§ 281-4 Permit procedures and requirements.

Permit required. No land owner or land operator shall receive any of the building, grading, or other land development permits required for land disturbance activities, and no land owner shall commence land disturbance activities, without approval of a stormwater management permit from the Department of Public Works and meeting the requirements of this chapter.

Application requirements.

(1)

Application for approval of a stormwater management permit shall include the following:

(a)

A complete stormwater management plan or an application for waiver shall be submitted to the Northampton Department of Public Works for review and approval for any proposed development specified in § 281-3A(2) prior to or concurrently with any land use permit application. Three copies of the stormwater management plan shall be submitted, and clearly labeled, along with other documents required in Chapter 350, Zoning, for site plan review. The plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The plan shall serve as the basis for all subsequent construction.

(b)

An erosion and sediment control plan, which shall contain sufficient information to describe the nature and purpose of the proposed development.

(c)

An operation, maintenance and inspection agreement.

(d)

Nonrefundable permit review fee and inspection fees.

(2)

The applicant may request, and the Northampton Department of Public Works may grant, a waiver from any information requirements it judges to be unnecessary to the review of a particular plan.

Procedures for review and approval of stormwater permits.

(1)

The procedures for review and approval of stormwater management plans shall be consistent with Subsection D, Criteria for review of stormwater permits, and Subsection E, DPW action, as appropriate to the use.

(2)

The Department of Public Works shall have seven days from the receipt of the application to review the application for administrative completeness.

(3)

The Department of Public Works shall take final action within 21 days of the receipt of a complete application unless such time is extended by agreement between the applicant and the Department of Public Works. The 21 days includes the seven-day administrative completeness review period [Subsection C(2) above] for applications found to be complete.

Criteria for review of stormwater permits. In addition to other criteria used by the Northampton Department of Public Works in making permit decisions, for the uses specified in this chapter, the Department of Public Works must also find that the stormwater management plan submitted with the permit application meets the following criteria:

(1)

The stormwater management plan and the erosion and sediment control plan are consistent with the purposes and objectives of this chapter in § 281-1;

(2)

The stormwater management plan meets the performance standards described in § 281-6;

(3)

The erosion and sediment control plan must meet the design requirements in § 281-7.

DPW action.

(1)

The action of the Department of Public Works, rendered in writing and submitted to the applicant and the appropriate City department(s) and board(s), shall consist of either:

(a)

Disapproval of the stormwater management permit application based on a determination within seven days of the receipt of the application that the application is administratively incomplete;

(b)

Approval of the stormwater management permit application based upon determination that the proposed plan meets the purposes in § 281-1 and the standards in §§ 281-6 and 281-7 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this chapter;

(c)

Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the Department of Public Works which will ensure that the project meets the purposes in § 281-7 and the standards in §§ 281-6 and 281-7 and adequately protects water resources, set forth in this chapter;

(d)

Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the purposes in § 281-1 and the standards in §§ 281-6 and 281-7 or adequately protect water resources, as set forth in this chapter.

(2)

Failure of the Department of Public Works to take final action upon an application within the time specified above shall be deemed to be 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 Department of Public Works.

Inspections.

(1)

No plan will be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the DPW for scheduling the following inspections:

(a)

Initial inspection: prior to approval of any plan.

(b)

Erosion control inspections: after site clearing, rough grading and final grading to ensure erosion control practices are in accord with the plan.

(c)

Bury inspection: prior to backfilling of any underground drainage or stormwater conveyance structures.

(d)

Final inspection: when all work, including construction of stormwater management facilities and landscaping have been completed. Final inspection shall include a full, dated TV inspection of all stormwater pipes installed.

(2)

The DPW shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved plan. Any portion of the work which does not comply shall be promptly corrected by the applicant, or the applicant will be subject to the performance guarantee provisions of § 281-9 or the penalty provisions of § 281-10. The City may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.

Right of entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system or sanitary sewer, the filing of an application shall be deemed as the property owner's permission to the Northampton Department of Public Works for the right to enter the property at reasonable times and in a reasonable manner for the purpose of the inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.

Application review and inspection fees. The fee for review and inspection of any land development application shall be based on the amount of land to be disturbed at the site and the fee structure established by the Department of Public Works. All of the monetary contributions shall be credited to the Stormwater Revolving Fund, and shall be made prior to issuance of any building permit for development.

[Amended 12-4-2014]

§ 281-5 Contents of stormwater management and erosion and sediment control plan.

Contents of the stormwater management and erosion and sediment control plan. The application for a stormwater management permit shall consist of submittal of a stormwater management and erosion and sediment control plan, prepared by a professional engineer licensed by the Commonwealth of Massachusetts, which meets the design requirements provided by this chapter. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources; and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The Plan must be designed to meet the Massachusetts Stormwater Management Standards as set forth in Section 22-83 of this chapter and the DEP Stormwater Management Handbook Volumes I and II. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan.

The minimum information submitted for support of a stormwater management plan and erosion and sediment control plan shall be as follows:

(1)

Identify all operators for the project site and the potions over which each operator has control.

(2)

Locus map.

(3)

The existing zoning and land use at the site.

(4)

The proposed land use.

(5)

The location(s) of existing and proposed easements.

(6)

The location of existing and proposed utilities.

(7)

The site's existing and proposed topography with contours at two-foot intervals.

(8)

Estimate of the total area expected to be disturbed by excavation, grading or other construction activities.

(9)

The existing site hydrology.

(10)

Soils investigation including borings or test pits, to a depth greater than four feet below estimated seasonal groundwater for areas where construction of infiltration practices will occur.

(11)

A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.

(12)

A delineation of one-hundred-year floodplains, if applicable.

(13)

Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration.

(14)

The existing and proposed vegetation and ground surfaces with runoff coefficient for each.

(15)

A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths.

(16)

A description and drawings of all components of the proposed drainage system including:

(a)

Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;

(b)

All measures for the detention, retention or infiltration of water;

(c)

All measures for the protection of water quality;

(d)

The structural details for all components of the proposed drainage systems and stormwater management facilities;

(e)

Notes on drawings specifying materials to be used, construction specifications, and typicals;

(f)

Expected hydrology with supporting calculations; and

(g)

Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable.

(17)

A description and location of all measures (i.e., best management practices) that will be implemented as part of the construction activity to control pollutants in stormwater discharges. A description of when each control measure will be implemented in the construction schedule, which operator is responsible for the implementation of each control measure and a maintenance and inspection schedule for each control measure during construction.

(18)

A description of construction and waste materials expected to be stored on site and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.

(19)

Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization.

§ 281-6 Stormwater management performance standards.

Minimum control requirements.

(1)

Projects must meet the standards of the Massachusetts Stormwater Management Policy. These standards are:

(a)

No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the commonwealth.

(b)

Stormwater management systems shall be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. Discharges shall not exceed the capacity of the storm sewers to accommodate the flow. [See additional information in Subsection A(2) of this § 281-6.]

(c)

Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types, except in business and industrial districts and the Planned Village, Business Park and Urban Residential B and C Districts.

(d)

For new development, stormwater management systems must be designed to remove 80% of the average annual load (post-development conditions) of total suspended solids (TSS). It is presumed that this standard is met when:

[1]

Suitable nonstructural practices for source control and pollution prevention and implemented;

[2]

Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and

[3]

Stormwater management BMPs are maintained as designed.

(e)

Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited.

(f)

Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas. (See Stormwater Management Volume I: Stormwater Policy Handbook.) Critical areas are outstanding resource waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies.

(g)

Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.

(h)

Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.

(i)

All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.

(2)

The DPW shall waive the requirement that post-development peak discharge rates do not exceed pre-development peak discharge rates, in developed urban areas, dependent upon available capacity in the City's stormwater system. When the proposed discharge may have an impact upon a sensitive receptor, including streams, storm sewers, and/or combined sewers, the DPW may require an increase in these minimum requirements, based on existing capacity.

Stormwater management measures.

(1)

Stormwater management measures shall be required to satisfy the minimum control requirements and shall be implemented in the following order of preference:

(a)

Infiltration, flow attenuation, and pollutant removal of runoff on site to existing areas with grass, trees, and similar vegetation and through the use of open vegetated swales and natural depressions;

(b)

Use of stormwater on site to replace water used in industrial processes or for irrigation;

(c)

Stormwater detention structures for the temporary storage of runoff which is designed so as not to create a permanent pool of water;

(d)

Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water; and

(e)

Retention and evaporation of stormwater on rooftops or in parking lots.

(2)

Infiltration practices shall be utilized to reduce runoff volume increases. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each practice based on site conditions.

(3)

Best management practices shall be employed to minimize pollutants in stormwater runoff prior to discharge into a separate storm drainage system or water body.

(4)

All stormwater management facilities shall be designed to provide an emergency overflow system and incorporate measures to provide a nonerosive velocity of flow along its length and at any outfall.

(5)

The designed release rate of any stormwater structure shall be modified if any increase in flooding or stream channel erosion would result at a downstream dam, highway, structure, or normal point of restricted stream flow.

(6)

In business and industrial districts and the Planned Village, Business Park and the Urban Residential B and C Districts the City's goal is to accommodate development, redevelopment, and infill, to the extent development addresses stormwater quality and do not create or contribute to flooding problems.

Specific design criteria. Additional policy, criteria, and information including specifications and design standards may be found in the Stormwater Design Manual.

(1)

Infiltration systems:

(a)

Infiltration systems shall be equipped with clean stone and or filter fabric adjacent to the soil or other sediment removal mechanisms;

(b)

Infiltration systems greater than three feet deep shall be located at least 10 feet from basement walls;

(c)

Due to the potential for groundwater contamination from dry wells, they shall not be an acceptable method for management runoff containing pollutants without appropriate pretreatment;

(d)

Infiltration systems designed to handle runoff from commercial or industrial impervious parking areas shall be a minimum of 100 feet from any drinking water supply well;

(e)

Infiltration systems shall not be used as sediment control basins during construction unless specific plans are included to restore or improve the basin surface;

(f)

Infiltration basins shall be constructed with a two-foot minimum separation in business and industrial districts, the Planned Village District, the Business Park District, and the Urban Residential B and C Districts and a four-foot minimum separation in other districts between the bottom of the structure and the seasonal high groundwater elevation, as determined by a certified soil evaluator or certified professional soil scientist; and

(g)

Provisions shall be made for safe overflow passage in the event of a storm, which exceeds the capacity of an infiltration system.

(2)

Retention and detention ponds shall be designed and constructed in accordance with the criteria of the Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended).

(3)

The applicant shall give consideration in any plan to incorporating the use of natural topography and land cover such as natural swales and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water.

(4)

The Department of Public Works shall give preference to the use of swales in place of the traditional use of curbs and gutters based on a case-by-case review of stormwater management plans by the City Engineer and Department of Public Works.

(5)

The applicant shall consider public safety in the design of any stormwater facilities. The banks of detention, retention, and infiltration basins shall be sloped at a gentle grade into the water as a safeguard against personal injury, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore. Basins shall have a 4:1 slope to a depth two feet below the control elevation. Side slopes must be stabilized and planted with vegetation to prevent erosion and provide pollutant removal. The banks of detention and retention areas shall be designed with sinuous rather than straight shorelines so that the length of the shoreline is maximized, thus offering more space for the growth of vegetation.

(6)

Where a stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any such rights.

(7)

All applicants for projects which involve the storage or use of hazardous chemicals shall incorporate handling and storage best management practices that prevent such chemicals from contaminating runoff discharged from a site into infiltration systems, receiving water bodies or storm drains, and shall include a list of such chemicals in the application.

(8)

Runoff from parking lots shall be treated by oil and water separators or other controls to remove oil and sediment.

(9)

The basic design criteria methodologies and construction specifications, subject to the approval of the Director of the Department of Public Works or his/her designee, shall be those generally found in the most current edition of the Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended).

[Amended 12-4-2014]

§ 281-7 Design requirements for erosion and sediment control plan.

The design requirements of the erosion and sediment control plan are:

Minimize total area of disturbance.

Sequence activities to minimize simultaneous areas of disturbance.

Minimize peak rate of runoff in accordance with the Massachusetts DEP stormwater policy.

Minimize soil erosion and control sedimentation during construction. Prevention of erosion is preferred over sedimentation control.

Divert uncontaminated water around disturbed areas.

Maximize groundwater recharge.

Install, and maintain all erosion and sediment control measures in effective operating condition and in accordance with the manufacturer's specifications and good engineering practices.

Prevent off-site transport of sediment.

Protect and manage on- and off-site material storage areas. (Overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project.)

Comply with applicable federal, state and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control.

Prevent adverse impact from the proposed activities to habitats mapped by the Massachusetts Natural Heritage and Endangered Species Program as endangered, threatened or of special concern, estimated habitats of rare wildlife and certified vernal pools, and priority habitats of rare species.

Institute interim and permanent stabilization measures. The measures shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site.

Properly manage on-site construction and waste materials.

Prevent off-site vehicle tracking of sediments.

§ 281-8 Maintenance.

Operation, maintenance and inspection agreement.

(1)

Prior to issuance of any building permit for which stormwater management is required, the Department of Public Works shall require the applicant or owner to execute an operation, maintenance and inspection agreement binding on all subsequent owners of land served by the private stormwater management facility. The agreement shall be designed to ensure that water quality standards are met in all seasons and throughout the life of the system. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the City or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provision established. The agreement shall include:

(a)

The name(s) of the owner(s) for all components of the system.

(b)

Maintenance agreements that specify:

[1]

The names and addresses of the person(s) responsible for operation and maintenance.

[2]

The person(s) responsible for financing maintenance and emergency repairs.

[3]

A maintenance schedule for all drainage structures, including swales and ponds.

[4]

A list of easements with the purpose and location of each.

[5]

The signature(s) of the owner(s).

(c)

Stormwater management easements as necessary for:

[1]

Access for facility inspections and maintenance.

[2]

Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the one-hundred-year storm event.

[3]

Direct maintenance access by heavy equipment to structures requiring regular cleanout.

(d)

Stormwater management easement requirements:

[1]

The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

[2]

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the City.

[3]

Easements shall be recorded with the Registry of Deeds prior to issuance of a certificate of completion.

(e)

Changes to operation and maintenance plans.

[1]

The owner(s) of the stormwater management system must notify the Department of Public Works of changes in ownership or assignment of financial responsibility.

[2]

The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this chapter by mutual agreement of the Department of Public Works and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties must include owner(s), persons with financial responsibility, and persons with operational responsibility.

(2)

The agreement shall be recorded by the applicant and/or owner in the land records of the Registry of Deeds.

(3)

The agreement shall also provide that, if after notice by the Director of Public Works or his/her designee to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Department of Public Works may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties.

[Amended 12-4-2014]

Maintenance responsibility.

(1)

The owner of the property on which work has been done pursuant to this chapter for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

(2)

A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall be legally responsible to perform the maintenance. This maintenance schedule shall be printed on the stormwater management plan.

(3)

Records of installation and maintenance.

(4)

Failure to maintain practices.

§ 281-9 Performance guarantee.

[Amended 12-4-2014]

The Department of Public Works or his/her designee shall require from the developer a cash escrow, irrevocable letter of credit, or other means of security acceptable to the Department of Public Works prior to the issuance of any building permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The guarantee so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this chapter and other applicable laws and regulations, and any time limitations. The guarantee shall not be fully released without a final inspection of the completed work by the Director of Public Works or his/her designee, submission of as-built plans, and certification of completion by the Department of Public Works of the stormwater management facilities being in compliance with the approved plan and the provisions of this chapter. When a letter of credit is supplied by the applicant as part of a subdivision, the principal held by the Planning Board may be increased by the amount determined by DPW instead of the DPW holding a separate letter of credit, to avoid the double funding of projects and to avoid the added cost of carrying two letters of credit. If the applicant chooses such a combined guarantee, the Planning Board shall not release or reduce the security without written approval of the DPW.

§ 281-10 Enforcement and penalties.

Violations. 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.

Notice of violation. When the Northampton Department of Public Works 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 violation shall contain:

(1)

The name and address of the owner applicant;

(2)

The address when available or the description of the building, structure, or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

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;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. Persons receiving a notice of violations will be required to halt all construction activities. This stop-work order will be in effect until the Northampton Department of Public Works confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

Criminal and civil penalties. Any person who violates any provision of this chapter, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to 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.

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City of Northampton may elect to utilize the noncriminal disposition procedure set forth in Chapter 40, Enforcement. The Director of the Department of Public Works or his designee shall be the enforcement officer. The penalty for the first, second, third and subsequent violations shall be as set forth in Chapter 40, Enforcement. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

[Amended 2-1-2007]

Restoration of lands. Any person deemed to be a violator of 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 Northampton Department of Public Works may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Holds on occupancy permits. Neither occupancy permits nor any other City permits will not be granted to any person in violation of this chapter until corrections to all stormwater practices have been made and accepted by the Northampton Department of Public Works.