[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. 
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. 
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:
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 stormwater management permit.
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 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.
CLEARING
Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT OR SALE
An area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
CONSTRUCTION ACTIVITY
Disturbance of the ground by removal of vegetative surface cover or topsoil, grading, excavation, clearing or filling.
DISTURBANCE
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.
GRADING
Changing the level or shape of the ground surface.
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, artificial turf, and compacted gravel or soil.
INDIRECT STORMWATER DISCHARGE
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.
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.
LAND USES WITH HIGHER POTENTIAL POLLUTANT LOADS (LUHPPL)
LUHPPLs are defined in 310 CMR 10.04 and further described in the Massachusetts Stormwater Handbook.
LOW IMPACT DEVELOPMENT (LID)
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.
MASSACHUSETTS STORMWATER HANDBOOK AND STORMWATER STANDARDS
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEMS ("MS4 PERMIT")
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.
NEW DEVELOPMENT
Any construction activities or land alteration on a site that has not previously been developed to include buildings or impervious cover.
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, or any legal entity, its representatives, agents or assigns.
REDEVELOPMENT
Any development, rehabilitation, expansion, demolition or phased project that disturbs the ground surface that is not considered new development.
STORMWATER AUTHORITY
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.
STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC)
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.
STORMWATER MANAGEMENT OPERATION, MAINTENANCE AND INSPECTION AGREEMENT (MAINTENANCE 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 and structures.
STORMWATER MANAGEMENT PERMIT
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.
STORMWATER MANAGEMENT REGULATIONS ("REGULATIONS")
Regulations promulgated as authorized under § 281-3D of this chapter.
A. 
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) 
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) 
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. 
A development or alteration of land shall not be segmented or phased in a manner to avoid compliance with this chapter.
C. 
Exemptions. The following activities are exempt from the requirements of this chapter:
(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 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) 
Maintenance and improvement of land in agricultural use, as defined by the Massachusetts Wetlands Protection Act regulation 310 CMR 10.04;
(4) 
Construction of fencing that will not substantially alter existing terrain or drainage patterns;
(5) 
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) 
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) 
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) 
Repair or upgrade of existing septic systems when required by the Board of Health for the protection of public health;
(9) 
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) 
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. 
The Stormwater Authority shall administer, implement and enforce this chapter.
B. 
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. 
Waivers.
(1) 
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:
(a) 
Allowed by federal, state and local statutes and/or regulations; and
(b) 
In the public interest; and
(c) 
Consistent with the purpose and intent of this chapter.
(2) 
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.
(3) 
All waiver requests shall be submitted to the Director of the Department of Public Works for consideration. Waiver requests will be approved or denied based upon criteria provided in § 281-3C(1).
D. 
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) 
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) 
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) 
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. 
Permits and procedures.
(1) 
Permits, procedures and requirements shall be defined and included as part of any regulations promulgated as permitted under § 281-3D of this chapter.
(2) 
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) 
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) 
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) 
The stormwater management permit shall require measures to ensure adequate long-term operation and maintenance of stormwater management design features and BMPs.
(6) 
The Stormwater Authority may impose conditions, including (without limitation) the following:
(a) 
A requirement that adequate security be provided for future operation and maintenance;
(b) 
A permanent permit condition requiring compliance with a stormwater management operation, maintenance and inspection agreement;
(c) 
A permanent permit condition requiring that the property owner submit an annual report or certification regarding operation and maintenance;
(d) 
A requirement to record the stormwater management operation, maintenance and inspection agreement (or notice thereof) at the Registry of Deeds;
(e) 
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) 
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. 
Actions.
(1) 
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) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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) 
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. Remedial measures may include the following:
(a) 
Maintenance, installation or performance of additional erosion and sediment control measures;
(b) 
Monitoring, analyses, and reporting;
(c) 
Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity;
(d) 
Construction, reconstruction, repair or maintenance of stormwater BMPs or any other aspect of the post-construction stormwater management system;
(e) 
Remediation of adverse impacts resulting from improper construction or operation of the post-construction stormwater management system; and/or
(f) 
A requirement to eliminate discharges, directly or indirectly, into the municipal stormwater system, a watercourse or into the waters of the commonwealth.
(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.
C. 
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. 
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. 
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. 
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. 
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. 
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.
I. 
Lien against property. Any bills and fines sent to violators under § 281-6E, F, G and H which remain unpaid for a time period of 30 days shall become a lien against the property until paid.
J. 
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. 
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.