The purpose is to protect water quality in the Town of Merrimack
while providing for the health, safety and general welfare of the
citizens of Merrimack. The intent is to protect the local natural
resources of Merrimack by establishing and enforcing the minimum pre-construction,
post-construction and reconstruction stormwater management and design
control standards in a stormwater management program.
As used in this chapter, the following terms shall have the
meanings indicated:
BEST MANAGEMENT PRACTICE (BMP)
As set forth in the New Hampshire Stormwater Manual, a proven
or accepted structural, nonstructural or vegetative measure which
reduces the quantity or improves the quality of stormwater runoff.
DISTURBANCE
Any construction, land altering or grading activities, other
than for agricultural practices.
EROSION
Detachment or movement of soil or rock fragments by water,
wind or ice.
EROSION CONTROL
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
HEALTH OFFICIAL
For the purposes of EPA MS4 permit, an appointed official
who enforces and investigates all health complaints. Administrative
Code A198-12, RSA 128:1, RSA 128:5, RSA 147:1, RSA 147:3, RSA 147:4
and RSA 149-I.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Publicly owned and operated facilities by which stormwater
is collected including but not limited to roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains, piped storm drains, pumping facility retention
or detention basins, reservoir or other drainage structure that discharges
to the waters of the State of New Hampshire or the United States.
NEW HAMPSHIRE STORMWATER MANUAL
Reference guide prepared by the New Hampshire Department
of Environmental Services to manage stormwater, which, unless expressly
exempted by the Town, shall include any and all amendments adopted
subsequent to the enactment of these standards.
OPERATION AND MAINTENANCE PLAN
A plan setting up the future responsible parties along with
the functional, financial and organizational mechanisms for the ongoing
operation and maintenance of a stormwater management system to insure
that it continues to function as designed.
OUTFALL
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of New Hampshire
or of the United States.
OWNER
A person with a legal or equitable interest in the property.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the State
of New Hampshire or the United States.
PROJECT AREA
Disturbed area plus any area with associated off-site improvements.
RESPONSIBLE PARTY
Entity responsible for submitting a SWMP such as the owner,
developer, applicant or owner's legally designated representative.
This requirement is to be transferred with the properly and is to
remain with the title of the property in perpetuity.
RUNOFF
Water that is not absorbed, evaporated or otherwise stored
within the contributing drainage area.
SEDIMENT
Mineral or organic matter transported or deposited by water
or air.
STORMWATER MANAGEMENT PLAN (SWMP)
A plan, required by the Town, which manages stormwater runoff
through site design, pollutant source controls, structural BMPs and
construction phase practices. The plan also designates the owner is
the responsible party in perpetuity.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan, required by the Town, from a person or business to
identify sources of pollution or contamination at a site and to eliminate
or reduce pollutant discharges of the stormwater runoff through site
design, pollutant source controls, structural BMPs and construction
phase practices.
STORMWATER RUNOFF
Any water coming from rainfall, snowmelt or irrigation systems
etc., that is not absorbed, evaporated or otherwise stored within
the contributing drainage area.
WATER QUALITY STANDARDS (WQS)
Defines the water quality goals of a water body by designating
the use or uses of the water and by setting criteria necessary to
protect the uses. NH and EPA have adopted WQS through the "303(d)"
list to protect public health and welfare, enhancing the quality of
water and serve the purposes of the Clean Water Act (CWA). See also
the NHDES - Alteration of Terrain Regulations (Chapter Env-Wq 1500
of the New Hampshire Code of Administration) for specific requirements.
The Town Council may adopt, and periodically amend, this Stormwater Chapter
167 pursuant to Town Charter Article 5 by majority vote after conducting a public hearing to receive comments.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence or clause of this chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid such invalidity shall not affect the other provisions
or application of this chapter.
Residential property owners shall have 60 days from the effective
date of this chapter to comply with its provisions provided good cause
is shown for the failure to comply during that period.
This section may be enforced as set forth in RSA 149-I:6, and
to authorize penalties and remedies for enforcement of the provisions
of these standards. Any violation of these standards shall be subject
to enforcement by either the Fire Chief, Health Officer or the Planning
and Zoning Administrator or their designated agent.
Nothing contained herein, or any SWMP granted pursuant hereto,
shall be construed to exempt any responsible party from complying
with all applicable state or federal laws/regulations. In the event
of conflicting requirements, the stricter standard shall apply.
A waiver of these standards, in whole or in part, may be granted
when the strict application of these standards would impose unnecessary
hardship because of the unique characteristics of the land including,
but not limited to, the size, character, location, nature of use,
or other unspecified conditions of the project area. Waivers shall
only be granted with approval of both CDD and DPW.
All construction contemplated by the SWMP shall be completed
within a period of four years from the date of approval.