[HISTORY: Adopted by the City Council of the City of Marlborough 11-23-2009 by Ord. No. 08/09-1002346D. Amendments noted where
applicable.]
A.
This chapter complies with the requirements of Phase II of the National
Pollutant Discharge Elimination System (NPDES) stormwater program
promulgated on December 8, 1999, (and as may be subsequently amended)
under the Federal Clean Water Act (CWA). Under the Phase II stormwater
program, the United States Environmental Protection Agency (EPA) requires
regulated municipalities to reduce the discharge of pollutants in
stormwater to the maximum extent practicable and to adopt ordinances
to address the control of sources of pollutants entering the municipal
storm drain system.
B.
Regulation of discharges to the municipal storm drain system is necessary
for the protection of Marlborough's water bodies, drinking water
and groundwater, and to safeguard the public health, safety, welfare
and the environment. Increased and contaminated stormwater runoff
associated with developed land uses and the accompanying increase
in impervious surface are major causes of impairment of water quality
and flow in lakes, ponds, streams, rivers, wetlands and groundwater.
C.
This chapter establishes stormwater management standards for the
temporary and final conditions that result from development and redevelopment
projects. Those standards seek to minimize adverse impacts off site
and downstream which would be borne by abutters, citizens and the
general public. The harmful impacts of increased and contaminated
stormwater runoff associated with developed land uses and the impacts
of soil erosion and sedimentation include without limitation:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Alteration or destruction of aquatic and wildlife habitat;
(4)
Flooding;
(5)
Erosion of stream channels; and
(6)
Overloading or clogging of municipal catch basins and storm drainage
systems.
The objectives of this chapter are:
A.
Protect groundwater and surface water to prevent degradation of drinking
water supply and waterways;
B.
Require practices that minimize soil erosion and sedimentation and
that control the volume and rate of stormwater runoff resulting from
land-disturbing activities;
C.
Maintain the natural hydrologic characteristics of the land to the
maximum extent practicable as determined by the City Engineer, in
order both to reduce flooding, stream bank erosion, siltation, non-point
source pollution and property damage, as well as to maintain the integrity
of stream channels and aquatic habitats;
D.
Promote the infiltration and the recharge of groundwater;
E.
Ensure that soil erosion and sedimentation control measures and stormwater
runoff control practices are incorporated into the site planning and
design process, and are implemented and maintained;
F.
Require practices to control waste at a construction site, such as
discarded building materials, concrete truck washout, chemicals, litter
and sanitary waste, that may cause adverse impacts to water quality;
G.
Prevent pollutants from entering the Marlborough municipal storm
drainage system and to minimize discharge of pollutants from that
drainage system;
H.
Ensure adequate long-term operation and maintenance of structural
stormwater best management practices so that stormwater structures
work as designed;
I.
Comply with state and federal statutes and regulations relating to
stormwater discharges;
J.
Establish Marlborough's legal authority to ensure compliance
with the provisions of this chapter through inspection, monitoring,
and enforcement; and
K.
Encourage the use of environmentally sensitive design and low-impact
development techniques.
A.
CLEARING
DEVELOPMENT
EROSION
LAND-DISTURBING ACTIVITY
MASSACHUSETTS STORMWATER HANDBOOKS
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
MUNICIPAL STORM DRAIN SYSTEM
RUNOFF
SITE
SOIL
STORMWATER
STORMWATER MANAGEMENT PERMIT
The following definitions shall apply in the interpretation and enforcement
of this chapter.
Any activity that removes the vegetative surface cover.
The modification of land to accommodate a new use, revised
use, or expansion of use, usually involving construction.
The wearing away of the land surface by natural or artificial
forces, such as wind, water, ice, gravity, or vehicle traffic and
the subsequent detachment and transportation of soil particles.
Any activity that causes a change in the existing soil cover
which includes the position or location of soil, sand, rock, gravel,
or similar earth material. Land-disturbing activities include, but
are not limited to, clearing, clearing of trees, grubbing, grading,
filling and excavation.
The Massachusetts Stormwater Handbooks (handbooks) that were
produced by Massachusetts Department of Environmental Protection and
the Massachusetts Office of Coastal Zone Management are to be used
as guidance for controlling stormwater. The handbooks, all published
in February 2008 and as amended from time to time, consist of three
volumes: Volume 1: Overview of Massachusetts Stormwater Standards;
Volume 2: Technical Guide for Compliance with the Massachusetts Stormwater
Management Standards; and Volume 3: Documenting Compliance with the
Massachusetts Stormwater Management Standards.
The policy issued by the Commonwealth of Massachusetts Department
of Environmental Protection, as amended from time to time, that coordinates
the requirements prescribed by state regulations promulgated under
the authority of the Massachusetts Wetlands Protection Act, MGL c.
131, § 40, and Massachusetts Clean Waters Act, MGL c. 21,
§§ 23 through 56. The policy addresses stormwater impacts
through implementation of performance standards to reduce or prevent
pollutants from reaching water bodies and to control the quantity
of runoff from a site.
A conveyance or a system of conveyances designed or used
for collecting or conveying stormwater, which is not a combined sewer,
including any road with a drainage system, municipal street, catch
basins, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, ditch, reservoir, and other drainage structure that together
comprise the storm drainage system owned or operated by the City.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
Any earth, dirt, sand, rock, gravel, clay or similar material.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
A permit issued by the City Engineer, after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment or the City from the
deleterious effects of uncontrolled and untreated stormwater runoff.
B.
Additional terms that apply to issuance of a stormwater management permit established by this chapter shall be defined and included as part of the rules and regulations promulgated and, from time to time, amended under § 271-8B of this chapter, a copy of which is available at the Engineering Division of the Marlborough Department of Public Works and at the office of the City Clerk. Terms not defined in said rules and regulations or pertinent statutes shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning.
This chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution and pursuant to the
regulations of the Federal Clean Water Act found at 40 CFR 122.34.
This chapter shall be applicable to the following activities.
Compliance with all provisions of this chapter, to the maximum extent
practicable as determined by the City Engineer, shall be a requirement
for issuance of a stormwater management permit.
A.
All subdivisions as defined in the Massachusetts Subdivision Control
Law (MGL c. 41, §§ 81K through 81GG) requiring approval
of a definitive subdivision plan.
B.
Minor residential projects and nonresidential and major residential projects, as defined in the Building and Site Development Ordinance (Chapter 270, Article II, § 270-2), when a construction activity results in a land-disturbing activity that will disturb equal to or greater than 5,000 square feet of land that drains to the Marlborough municipal storm drain system, onto an adjacent property, into a municipal/private street, or into a wetland/stream.
C.
Land-disturbing activity that:
The following are exempt activities:
A.
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04 and
MGL c. 40A, § 3;
B.
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling;
C.
Repair or replacement of an existing roof of a single-family dwelling;
D.
The construction of any fence that will not alter existing terrain
or drainage patterns;
E.
Construction and/or maintenance of utilities (gas, water, electric,
telephone, etc.) other than drainage, which will not alter terrain,
ground cover, or drainage patterns;
F.
Emergency repairs to any stormwater management facility or practice
that poses a threat to public health or safety, or as deemed necessary
by the City Engineer; and
G.
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this chapter. (This
exemption does not apply to amendments or extensions of approved projects
that have not started construction. In these cases, the applicant
may need to redesign the project to comply with these requirements.)
A.
This chapter is not intended to interfere with, abrogate, or annul
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,
statute, or other provision of law, whichever provisions are more
restrictive or impose higher protective standards for human health
or the environment shall take precedence.
B.
No order of conditions from the Marlborough Conservation Commission,
building permit, special permit, variance or finding shall constitute
compliance with this chapter. For a project or activity to which this
chapter is applicable, no work may commence until the developer submits
to the City Engineer the required documentation of compliance, the
City Engineer issues a stormwater management permit, and the developer
certifies that all land clearing, construction, and development will
be done pursuant to the approved plans and stormwater management permit.
C.
Review process done in conjunction with definitive subdivision review
and/or site plan review.
(1)
If a project or activity to which this chapter is applicable falls within the specific jurisdiction of the Planning Board for definitive subdivision review and/or the specific jurisdiction of the Site Plan Review Committee, then the stormwater management permit review and approval process may, but need not, occur in conjunction with the definitive subdivision plan review process and/or the Site Plan Review Committee approval process. The application submission requirements, public notices, and fee requirements of the above processes shall govern. Notwithstanding these requirements, such projects or activities are subject to the provisions of this chapter. Documentation of compliance with this chapter, as described in § 271-10 herein, shall accompany each application for definitive subdivision approval by the Planning Board and for approval by the Site Plan Review Committee.
(2)
Applicants under this chapter should refer to the Subdivision Regulations (Chapter A676, Article III, § A676-10) for definitive plan application and submission requirements, and to site plan review and approval (Chapter 270, Article II, § 270-2) for site plan application and submission requirements.
(3)
No work may commence without prior written approval of the City Engineer, confirming that the project or activity is in compliance with the Stormwater Standards and Design Guidance in § 271-9 herein.
(a)
The City Engineer's sign-off on the site plan review permit
shall constitute approval of the stormwater management permit.
(b)
Before a definitive subdivision plan is approved, the City Engineer
will document, in his written statement to the Planning Board, actions
taken regarding the stormwater management permit.
(c)
The City Engineer shall state in writing reasons for disapproval
or recommended modifications to the plan and shall rescind such disapproval
if and when the plan has been amended to conform to the rules, regulations,
and recommendations of the City Engineer.
A.
Stormwater authority. The City Engineer is hereby designated as the
stormwater authority. The City Engineer, or his/her agent, shall administer,
implement and enforce this chapter. The City Engineer may delegate
in writing another City department, commission or board to act as
his/her authorized agent for site inspections and enforcement of this
chapter.
B.
Stormwater regulations. The City Engineer may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, procedures and administration of this chapter after conducting
a public hearing to receive comments on any proposed revisions. Such
hearing dates shall be advertised in a newspaper of general local
circulation at least seven days prior to the hearing date. After public
notice and public hearing, the City Engineer may promulgate rules
and regulations to effectuate the purposes of this chapter. Failure
of the City Engineer to promulgate such rules and regulations, or
a legal declaration of their invalidity by a court, shall not act
to suspend or invalidate the effect of this chapter.
C.
Stormwater Management Handbooks. The City Engineer will utilize the
Massachusetts Stormwater Management Policy and Massachusetts Stormwater
Handbooks Volumes 1, 2 and 3, as amended from time to time, for criteria
and information, including specifications and standards for the execution
of the provisions of this chapter. These include a list of acceptable
stormwater treatment practices, with specific design criteria for
each. Unless specifically made more stringent in this chapter and
the rules and regulations promulgated hereunder, stormwater management
practices that are designed, constructed, and maintained in accordance
with the Massachusetts Stormwater Management Handbooks' design
and sizing criteria shall be presumed by the City Engineer to be protective
of Massachusetts water quality standards.
D.
Actions by the stormwater authority. The City Engineer may take any
of the following actions as a result of an application for a stormwater
management permit as more specifically defined as part of the rules
and regulations promulgated as part of this chapter: approval, approval
with conditions, disapproval, or disapproval without prejudice.
E.
Appeal of action by the stormwater authority. An action by the City
Engineer, acting in his or her capacity as the stormwater authority,
shall be final. Further relief of an action by the City Engineer made
under this chapter shall be reviewable in the Superior Court in a
complaint filed within 60 days thereof, in accordance with MGL c.
249, § 4.
All projects shall meet the Massachusetts Stormwater Management
Standards to the maximum extent practicable as determined by the City
Engineer, as detailed in the Massachusetts Stormwater Handbook, as
amended from time to time. Additional guidance on applying the Massachusetts
Stormwater Management Standards to applicable projects is contained
in the City of Marlborough rules and regulations for stormwater.
A.
Permit procedures and requirements, including permit submittals, right-of-entry, and the public hearing process, shall be defined and included as part of the rules and regulations promulgated under § 271-8B of this chapter.
B.
All projects shall document compliance with the stormwater standards
and design guidance criteria contained in this chapter in accordance
with the Massachusetts Stormwater Handbook, as amended from time to
time. Submittal requirements are further specified in the City of
Marlborough rules and regulations for stormwater.
A.
The City Engineer or his/her authorized agent shall enforce this
chapter and resulting regulations, orders, violation notices, and
enforcement orders, and may pursue all criminal and civil remedies,
including injunctive relief and monetary damages and costs of litigation
and attorney fees, for such violations and for abatement and mitigation
and compliance actions taken by the City Engineer.
B.
As an alternative to criminal prosecution or civil action, the City Engineer may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and § 315-2 of the Marlborough City Code. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the City Engineer's agents, officers, and designees may enter upon privately owned property for the purpose of performing their duties under this chapter and may make or cause to be made such examinations, surveys or sampling as the City Engineer deems reasonably necessary to determine compliance with a permit issued under this chapter. Enforcement shall be further defined and included as part of the rules and regulations promulgated under § 271-8B of this chapter.
