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.
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.
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.