[HISTORY: Adopted by the City Council of the City of Beverly 5-12-2008 by Ord. No.
86 (Art. XXXII of the Code of Ordinances). Amendments
noted where applicable.]
A.
The purpose of this chapter is to protect the surface water bodies,
natural resources, and public and private property within the City
of Beverly from the negative impacts caused by polluted and unmanaged
stormwater runoff and activities related to development, construction
and land surface alteration and work not otherwise subject to regulation
by the Planning Board and/or the Conservation Commission. In response
to the mandates set forth under the amendments to the Federal Clean
Water Act, this chapter partially fulfills the requirement of the
Phase II National Pollution Discharge Elimination System (NPDES) permit
in order to achieve compliance with the U.S. Environmental Protection
Agency's stormwater regulations.
B.
Because stormwater discharges from a variety of sources, including
storm sewers, construction, waste disposal, earth disturbance and
resource extraction, are major causes of impairment to the water quality
of natural coastal and inland water bodies and wetland resource areas,
this chapter is designed to regulate a myriad of aspects relating
to the development or redevelopment of land as well as to detect and
eliminate illicit discharges into the City's storm drainage system.
C.
This chapter and the regulations promulgated hereunder serve to establish
minimum standards, design criteria, implementation, guidance and enforcement
to achieve the following objectives:
(1)
Establish, regulate and enforce stormwater management standards for
development and redevelopment projects by adopting and enforcing the
nine stormwater management standards set forth in the Massachusetts
Stormwater Management Policy.
(2)
Detect and eliminate illegal discharges to the municipal storm drain
system, including but not limited to sewage, process wastewater, wash
water, indoor drains, floor drains, sinks from residential, commercial
or industrial sources.
(3)
Guide, regulate and manage construction activities that render soil
exposed and vulnerable to erosion by wind and water as well as contain
and properly manage potential on-site pollutants, including but not
limited to oils, gasoline, pesticides, paints, garbage and sanitary
wastes.
(4)
Regulate the alteration of grades/elevations of the land surface
by more than two feet to protect against damage to abutting properties
and adjacent wetlands resource areas resulting from altered drainage
patterns.
(5)
Establish a Stormwater Management Advisory Committee to work with
the Engineering Department in establishing and evaluating rules and
regulations to further clarify and implement this chapter.
This chapter applies to all construction, development, and redevelopment
activities that involve and/or impact stormwater discharge, soil disturbance,
altering of grades or drainage patterns not expressly exempted from
it.
A.
Regulation of discharges to the municipal storm drainage system and
the surface waters and wetlands is necessary for the protection of
the City of Beverly's water bodies 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 is a major
cause of impairment of water quality and flow in the ocean, lakes,
ponds, streams, rivers, wetlands and groundwater, contamination of
drinking water supplies, erosion of stream channels, alteration or
destruction of aquatic and wildlife habitat, and flooding.
B.
This chapter establishes stormwater management standards for development
and redevelopment projects that disturb an acre or more of land to
minimize adverse impacts off site and downstream which would be borne
by abutters, residents and/or the general public by:
(1)
Complying
with all other state and federal statutes and regulations relating
to stormwater discharges and adopting the following standards of the
Massachusetts Stormwater Policy:
(a)
Stormwater management systems must be designed so that post-development
peak discharge rates do not exceed pre-development peak discharge
rates.
(b)
Loss of annual recharge to groundwater should be minimized through
the use of infiltration measures to the maximum extent practicable.
The annual recharge from a site post-development should approximate
the annual recharge from the preexisting or existing site conditions,
based on soil types.
(c)
For new development, stormwater management systems must be designed
to remove 80% total suspended solids (TSS).
(d)
Redevelopment of previously developed sites must meet the stormwater
management standards to the maximum extent practicable.
(e)
All stormwater management systems must have an operation and
maintenance plan to ensure that systems function as designed.
(2)
Protecting groundwater and surface water from degradation.
(3)
Promoting groundwater recharge.
(4)
Preventing pollutants from entering Beverly's municipal storm drainage
system and to minimizing discharge of pollutants from the system.
(5)
Ensuring adequate long-term operation and maintenance of structural
stormwater best management practices so that they function as designed.
(6)
Ensuring public safety and protecting public and private property,
surface drinking water supplies, groundwater resources, recreation,
aquatic habitats, fish and other aquatic life, property values and
other uses of lands and waters.
(7)
Requiring practices to control the flow of stormwater from new and
redeveloped sites into the Beverly storm drainage system in order
to prevent flooding and erosion.
(8)
Establishing Beverly's legal authority to ensure compliance with
the provisions of this chapter through inspection, monitoring, and
enforcement.
The following activities are exempt from the provisions of this
chapter:
A.
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04.
B.
Maintenance of existing landscaping, gardens or lawn areas, provided
such maintenance does not include the addition of soil material or
alteration of existing grades.
C.
The construction of any walls and fencing that will not alter existing
terrain or drainage patterns.
D.
Construction of utilities, other than drainage (gas, water, sanitary
sewer, electric, telephone, etc.), which will not alter terrain, ground
cover, or drainage patterns.
E.
Projects wholly within the jurisdiction of the Conservation Commission
and requiring an order of conditions.
A.
This chapter also provides for the health, safety, and general welfare
of the citizens of Beverly by regulating stormwater discharge into
the City's storm drain system and waterways in accordance with the
requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process.
B.
The City's storm drainage system includes stormwater pipes and drainage
waterways and conveys surface water runoff to receiving waters. Generally,
runoff enters the stormwater drainage system piping through catch
basins on streets and on public and private property and from drainage
swales and ditches. No sewage discharge is allowed into this system.
C.
The City also has a separate piped municipal sanitary sewerage system. In order to reduce and eliminate infiltration and inflow into this system, no storm drainage discharge is allowed into the municipal sanitary sewer system from any source, including, but not limited to, sump pumps and roof drainage. The sewerage system conveys wastewater from residences and commercial and industrial establishments to the South Essex Sewerage District wastewater treatment plant in Salem. The City's sewerage system is regulated by Chapter 227, Sewers, of the City Code.
D.
The objectives of this section are to:
(1)
Minimize the contribution of pollutants to the municipal storm drainage
system;
(2)
Minimize the negative impact of illicit connections and discharges
upon the City's natural resources;
(3)
Prohibit illicit connections and discharges to the municipal storm
drainage system; and
(4)
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
A.
During the construction process, soil is highly vulnerable to erosion
by wind and water. Eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates extraordinary
maintenance and repair of storm drains and ditches and the dredging
of lakes. In addition, clearing and grading during construction cause
the loss of native vegetation necessary for terrestrial and aquatic
habitat.
B.
Many potential pollutants other than sediment are associated with
construction activities. These pollutants include pesticides, fertilizers
used for vegetative stabilization; petrochemicals (oils, gasoline,
and asphalt degreasers), construction chemicals such as concrete products,
sealers, and paints; wash water associated with these products; paper;
wood; garbage and sanitary wastes.
C.
As a result, the purpose of this section is to safeguard persons,
protect property, and prevent damage to the environment in the City
of Beverly. This section will also promote the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance
of certain development or other activity that disturbs the topsoil
or results in the movement of earth within the City of Beverly.
D.
No person shall be granted a site development permit for land-disturbing
activity that would require the uncovering of one acre or more (43,560
square feet) without the written approval of an erosion/sediment control
and materials management plan by the Engineering Department. Such
projects shall be required to submit an erosion/sediment control and
materials management plan with the application when, in the opinion
of the Director of Engineering, Commissioner of Public Services, Public
Works or his designee, the submission of such a plan is needed to
further the purpose and intent of this chapter and/or to safeguard
surrounding property and public infrastructure systems.
E.
No person shall be granted a site development permit for land-disturbing
activity that would require disturbing less than one acre but more
than 1/4 acre without the approval of an abbreviated erosion/sediment
control and materials management application by the Engineering Department.
F.
No person shall be granted a site development permit for land-disturbing
activity that would require disturbing less than 1/4 acre without
the approval of a minor project management application by the Engineering
Department.
G.
Exemptions:
(1)
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources;
(2)
Repairs to any stormwater system deemed necessary by the City of
Beverly Engineering Department or its designee; or
(3)
Existing nursery and agricultural operations conducted as a permitted
use.
A.
Changing the grading of the land surface can have an impact on drainage
characteristics of even relatively small watershed areas. Therefore,
regulating proposed grading for all projects, including minor ones,
is necessary for the protection of the City of Beverly's natural resources,
and to safeguard public and private property from the potential negative
impacts due to increased peak rate run off, increase in volume, and
flooding.
B.
A permit required by this chapter will be issued by the City Engineer
to the owner or the owner's duly authorized agent after the City Engineer
has reviewed a plan to be submitted showing the nature of the grade
change proposed, but only on such conditions, which shall be determined
by the City Engineer, that will ensure that the proposed grade changes
will not adversely affect existing drainage and groundwater conditions
that could affect the public health, safety and welfare of any public
way or adjoining real estate.
C.
It shall be unlawful for any person or other legal owner of real property in the City to disturb the existing grade of land by more than two feet without first obtaining the approval of the City Engineer and, where applicable, the Conservation Commission (if the property is subject to the Wetlands Protection Act or Chapter 287, Wetlands Protection, or Chapter 565, Wetlands Protection Regulations, of the City Code) and the Planning Board (if the property is being altered pursuant to a plan subject to Chapter 375, Subdivision of Land, of the City Code).
D.
Exemption: emergency work as declared or determined by the Director
of Engineering or his designee.
The Director of Engineering shall administer, implement, and
enforce the provisions of this chapter. Any powers granted or duties
imposed upon the Director of Engineering by this chapter may be delegated
in writing by the Director to persons or entities acting in the beneficial
interest of or in the employ of the City.
Any person violating any of the provisions of this chapter or
of any order or permit issued hereunder shall be deemed guilty of
a misdemeanor, and each day during which any violation of any of the
provisions of this chapter, order or permit is committed or continued
shall constitute a separate offense. The Department or its delegated
agents may issue a stop-work order to the owner, the applicant, or
the owner's or applicant's agent by certified mail, return receipt
requested, and by posting the same in a conspicuous location on the
work site. Upon conviction of any violation of this chapter, such
person shall be punished by a fine of $300 for each offense. In addition
to any penalty authorized by this section, any person violating any
of the provisions of this chapter shall be required to bear the expense
of site restoration. Nothing in this section, including the failure
of the Department or its delegated agents to issue a stop-work order,
shall prevent the City from pursuing any other remedy provided for
by law, including equitable relief, to restrain violations of this
chapter.
The Director of Engineering, in collaboration with the City
of Beverly Stormwater Management Advisory Committee and Stormwater
Coordinator, shall be empowered to establish rules and regulations
to govern the permitting process, including but not limited to fees,
application procedures, definitions, use of consultants, security
to assure performance, performance standards for work, and such other
information the Department and Committee deem necessary to discharge
their responsibilities. The Department and Committee may promulgate
such rules and regulations to effectuate the purposes of this chapter
by a majority vote of the duly appointed members of the Stormwater
Management Advisory Committee. Failure by the Department and the Committee
to promulgate such rules and regulations, or a legal declaration of
their validity by a court of law, shall not act to suspend or invalidate
the effect of this chapter.
