Chapter 159 Stormwater Management and Erosion Control

Discharge or flow resulting from fire-fighting activities;

§ 159-6 Emergency suspension of storm drainage system access.

The following non-stormwater discharges or flows are exempt from the prohibitions of this section provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, to a watercourse or waters of the Commonwealth:

(a)

Water line flushing or other potable water sources;

(b)

Landscape irrigation or lawn watering;

(c)

Springs;

(d)

Natural flow from riparian habitats and wetlands;

(e)

Diverted stream flows;

(f)

Rising groundwater;

(g)

Individual resident car washing;

(h)

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater (e.g. sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit for such discharge from the Stormwater Authority prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Stormwater Authority;

(i)

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or airconditioning condensation;

(j)

Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;

(k)

Discharge from street sweeping;

(l)

Residential building wash waters without detergents;

(m)

Dye testing, provided written notification is given to the Stormwater Authority two weeks prior to the time of the test;

(n)

Non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order held by the owner and administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations;

(o)

Discharge for which advanced written approval is received from the Stormwater Authority as necessary to protect public health, safety, welfare or the environment; and

(p)

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

The Stormwater Authority may suspend municipal storm drain system access without prior written notice when, in the sole judgment of the Stormwater Authority, such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare, or the environment. In the event any person fails to comply with an emergency suspension order, the Stormwater Authority may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare, or the environment.

§ 159-7 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a residence, facility or operation, or responsible for emergency response for a residence, facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the MS4 system, or Waters of the United States and/or Commonwealth, said person shall take all the necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies and the DPW. If the discharge of prohibited material emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

§ 159-8 Construction phase erosion control requirements.

No person shall excavate, cut, grade or perform any Land Disturbance Activities which meet or exceed any of the following thresholds, without first getting an Erosion and Sediment Control Plan approved in accordance with § 159-9:

Any change of existing grade of more than 5,500 sq. ft. or 25% of the lot, whichever is smaller;

Clearing of existing vegetation of more than 5,500 sq. ft. or 25% of the lot, whichever is smaller;

Storage of more than 100 cubic yards of excavate or fill; or

Any activities within Wetland Resource Areas and their Protected Buffer Zones that require separate permits from the Dover Conservation Commission before any activities may be performed.

The following activities are exempt from the requirements of this section:

Emergency activities for the protection of life, property, or natural resources;

Pruning undertaken on trees in accordance with the ANSI 300 Pruning Standard, as amended;

Maintenance of existing landscaping, gardens or lawn areas associated with a single lot conducted in such a way as not to cause any negative impact to or removal of any existing trees and other vegetation;

§ 159-9 Review and approval of erosion and sediment control plan.

Construction of fencing that will not alter any grade or existing terrain or drainage patterns;

(5)

Construction of utilities other than drainage (gas, water, electric, communication, etc.) which will not alter any grade or existing terrain or drainage patterns or result in discharge of sediment to the MS4; and

(6)

Normal maintenance and improvement of land in agricultural or aquacultural use, as defined by the Wetlands Protection Act regulation 310 CMR 10.04.

Prior to commencing any Land Disturbance Activities at the thresholds set forth in § 159-8, an Applicant shall submit an Erosion and Sediment Control Plan to the Stormwater Authority to determine its conformance with the provisions of this Bylaw. Within 30 days after receiving an application, the Stormwater Authority shall in writing:

Approve the plan as submitted;

Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

Disapprove the plan, indicating the reason(s) and procedure for submitting a revised application and/or submission.

Failure of the Stormwater Authority to act on an Applicant's plan within 30 days of receipt shall authorize the Applicant to proceed in accordance with the plans as filed, unless such time is extended by agreement between the applicant and the Stormwater Authority.

A construction project shall be considered in conformance with this section if soils or other eroded matter have been prevented from being deposited onto adjacent properties, rights-of-ways, public storm drainage system, or wetland or watercourse. The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas dated March 1997, or the latest edition thereof.

Applicants must ensure that retained Protected Trees in the Lot's setback areas have protective measures implemented to prevent damage to the tree and its root system during all Land Disturbance and construction activities. The protective measures shall be as follows:

Creation of a Tree Protection Zone, which at a minimum must include the critical root zone of the protected tree(s). A common and acceptable formula for calculating the Tree Protection Zone is:

Each 1" of DBH = 1' radius from base of tree.

The Tree Protection Zone must be adequately marked prior to the commencement of building activity and maintained in place until work is completed on the property. The Tree Protection Zone installation guideline can be found in the Regulations promulgated under this Bylaw.

Should an applicant have no other alternative than to encroach within the Tree Protection Zone of a protected tree, the Tree Protection Zone may only be reduced for the area of unavoidable encroachment.

§ 159-10 Tree mitigation.

In the event that an Applicant proposes to remove Protected Trees 6-inch DBH or greater within the Lot's front-, side-, or rear-yard setback prescribed by the Zoning Bylaw, the Stormwater Authority may require any one of the following mitigative steps:

Replacement of trees on the Lot, or abutting property, at a scale of one-half inch (0.5") trunk caliper per one inch (1") of trunk size at DBH of Protected Trees removed;

Contribution to the Town of Dover's Tree Protection Revolving Fund, if established, and the General Fund, if such Revolving Fund is not created, according to the most recent Tree Mitigation Contribution Rate Schedule set forth in the Regulations promulgated under this Bylaw; or

§ 159-11 Post-construction stormwater management plans.

A combination of on- or near-site tree replacement and contribution to the Town of Dover's General Fund.

All projects requiring an Erosion and Sediment Control Plan under this Bylaw shall incorporate permanent stormwater management controls into the applicable project. The Applicant shall submit an "as-built" plan for the stormwater controls after the final construction is completed.

The Stormwater Management Plan must show the final design specification of all stormwater management controls, including but not limited to any regulations promulgated under this Bylaw.

At the discretion of the Stormwater Authority, a project that, upon review of the project documents, the Stormwater Authority determines does not to generate stormwater runoff into the municipal stormwater system will not require a Storm- water Management Plan.

Stormwater Management for any Lot subject to the requirements of this Bylaw shall also meet the minimum requirements set forth in § 248-13 (Drainage), as directed by the Town Engineer.

§ 159-12 Review and approval of stormwater management plans.

Prior to commencing any Land Disturbance Activities at the thresholds set forth in § 159-8 an Applicant shall submit a Stormwater Management Plan to the Stormwater Authority to determine its conformance with the provisions of this Bylaw. For major projects as defined regulations promulgated pursuant to this Bylaw, the Stormwater Authority shall solicit review and comments on the proposed Stormwater Management Plan from the Building Inspector, Planning Board, Board of Health and the Conservation Commission.

Within 30 days after receiving an application, the Stormwater Authority shall in writing:

Approve the plan as submitted;

Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and approve the plan subject to these conditions; or

§ 159-13 Certificate of stormwater and erosion control compliance.

Disapprove the plan indicating the reason(s) and procedure for submitting a revised plan and/or submission.

Failure of the Stormwater Authority to act on an original or revised application within 30 days of receipt shall authorize the Applicant to proceed in accordance with the plan as filed, unless such time is extended by agreement between the Applicant and the Stormwater Authority.

Since a Stormwater and Erosion Control Plan approval runs with the title of a property, the Applicant shall request the Stormwater Authority or its Agent to issue a Stormwater and Erosion Plan Certificate of Compliance upon receipt and approval of the final reports and/or upon otherwise determining that all work of the plan has been satisfactorily completed in conformance with this Bylaw. The Certificate of Compliance shall be recorded at the Commonwealth of Massachusetts Norfolk County Registry of Deeds by the Owner(s).

§ 159-14 Waivers.

The Stormwater Authority may waive strict compliance with any requirement of this Bylaw or the regulations promulgated hereunder, where such action is:

Allowed by Federal, State, and local statutes and/or regulations;

In the public interest; and

Not inconsistent with the purpose and intent of this Bylaw.

Any person seeking a waiver must submit a written waiver request to the Stormwater Authority. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the Bylaw does not further the purposes of this Bylaw.

All waiver requests shall require a public hearing by the Stormwater Authority.

If, in the opinion of the Stormwater Authority, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date certain announced at the meeting. In the event the Applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.

§ 159-15 Inspections.

Inspectors authorized by the Stormwater Authority shall be permitted to enter and inspect Applicant's property or project subject to this Bylaw as often as may be necessary to determine compliance with this Bylaw. To obtain an inspection, the Applicant shall notify the Stormwater Authority at least five business days before the following:

Installation of sediment and erosion control measures;

Installation of Stormwater controls;

Start of construction, removal of protected trees, or site clearing;

Completion of site clearing;

(5)

Completion of rough grading;

(6)

Close of the construction season; and

(7)

Completion of final grading and landscaping.

Inspectors shall approve that portion of the work completed or shall notify the Applicant in the event that the work fails to comply with the Erosion and Sediment Control or Stormwater Management Plans as approved. Plans for grading, stripping, excavating, tree removal as well as protective measures for the trees to remain, and filling work bearing the stamp of approval of the Stormwater Authority shall be maintained by the Applicant at the site during the progress of the work.

In addition to the inspections by the Stormwater Authority, the person responsible for implementation of the Erosion and Sediment Control or Stormwater Management Plan(s) shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Plan(s). The Design Engineer may be required to perform regular inspections, submit reports, specify needed changes to achieve compliance, and coordinate with the Stormwater Authority. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the Stormwater Authority at the time interval specified in the approved plan.

No later than one year following completion of the work triggering compliance with this Bylaw, the Applicant shall submit a report (including certified "as-built" construction plans) from and stamped by a Professional Civil Engineer (P.E.), Registered Land Surveyor, or other appropriately licensed and experienced professional, certifying that all BMPs, erosion and sedimentation control devices, and approved changes and modifications, have been completed in accordance with the conditions of the approved Erosion and Sediment Control Plan and Stormwater Management Plan. The Stormwater Authority may, by regulation, require ongoing reporting to ensure long-term compliance, including, but not limited to, appropriate operation and maintenance of stormwater BMPs.

§ 159-16 Enforcement.

When the Stormwater Authority determines that an activity is not being carried out in accordance with the requirements of this Bylaw, a written notice of non-compliance to the applicant shall be issued which shall contain the following:

The name and address of the applicant;

The street address or description of the building, structure, or land upon which the non- compliance is occurring;

A statement specifying the nature of the non-compliance; and

A description of the remedial measures necessary to bring the activity into compliance with this Bylaw and a time schedule for the completion.

Applicants receiving a notice of non-compliance will be required to halt all construction activities. This Stop Work Order will be in effect until the Stormwater Authority confirms that the activity involved in the non-compliance has been satisfactorily addressed. Occupancy permits, if applicable, will not be granted until the requirements of this Bylaw are complied with.

The Authorized Enforcement Agency shall enforce this Bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all applicable civil and criminal remedies for such violations.

Civil relief. If a person violates the provisions of this Bylaw, regulations, permit, notice, or order issued thereunder, the Board of Selectmen may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

Orders. The Board of Selectmen or another authorized agent may issue a written order to enforce the provisions of this Bylaw or any regulations thereunder, which may include:

(a)

Elimination of illicit connections or discharges to the MS4, including discharges from properties not owned by or controlled by the Town of Dover that discharge into the MS4;

(b)

Elimination of discharges to the MS4 or, directly or indirectly, into a watercourse or into the Waters of the Commonwealth;

(c)

Performance of monitoring, analyses, and reporting;

(d)

Cessation of unlawful discharges, practices, or operations;

(e)

Implementation of measures to minimize the discharge of pollutants until such time as the illicit connection or discharge shall be eliminated; and

(f)

Remediation of contamination in connection therewith.

Reimbursement of costs.

(a)

If the Authorized Enforcement Agency determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator fail to abate or perform remediation within the specified deadline, Authorized Enforcement Agency may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

(b)

Within 60 days after completing all measures necessary to abate the violation or to perform remediation, the violator will be notified of the costs incurred by the Town of Dover, including administrative costs. The violator may file a written protest objecting to the amount or basis of costs with the Authorized Enforcement Agency within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of Authorized Enforcement Agency affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property pursuant to G.L. c. 40, § 58 for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. c. 59, § 57 after the 31st day on which the costs first become due.