[HISTORY: Adopted by the City Council of the City of Springfield 9-9-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 285.
Sewers — See Ch. 300.
Storm drains — See Ch. 334.
Streets and sidewalks — See Ch. 338.
Water — See Ch. 405.
Wetlands — See Ch. 417.
[1]
Editor's Note: This ordinance was adopted as Ch. 302 but was
renumbered to fit into the organizational structure of the Code.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare of the citizens of
the City of Springfield by establishing minimum requirements and procedures
to control adverse impacts associated with stormwater runoff from
new development and redevelopment.
The objectives of this chapter are to:
A.
Establish regulations for land development activities that preserve
the health of water resources by reducing the adverse impacts to water
quality from stormwater discharge to rivers, lakes, reservoirs and
streams in order to attain federal water quality standards;
B.
Require that new development, redevelopment and all land conversion
activities maintain the natural hydrologic characteristics of the
land in order to reduce flooding, stream bank erosion, siltation,
nonpoint source pollution, property damage and to protect the integrity
of aquatic habitats and stream channels;
C.
Prevent the discharge of pollutants, including hazardous chemicals,
into stormwater runoff;
D.
Minimize the volume and rate of stormwater which is discharged to
rivers, streams, reservoirs, lakes and combined sewers that flow from
any site during construction and following development;
E.
Prevent erosion and sedimentation from land development, and reduce
stream channel erosion caused by increased runoff;
F.
Require post-development runoff volume and quality to be equivalent
to or an improvement on pre-development runoff conditions by reducing
runoff volumes, increasing infiltration, and improving runoff water
quality;
G.
Provide for the recharge of groundwater aquifers and maintain the
base flow of streams;
H.
Encourage the use of low-impact development (LID) practices, such
as reducing impervious cover, treating and infiltrating stormwater
at the source, utilizing environmentally sensitive site design and
the preservation of open space and natural areas, to the maximum extent
practicable;
I.
Provide stormwater facilities that are functional, attractive, maintain
the natural integrity of the environment, and are designed to protect
public safety;
J.
Minimize damage to public and private property from flooding;
K.
Require maintenance provisions to ensure the stormwater treatment
devices and facilities will continue to function as designed;
L.
Establish procedures for the City's review of stormwater management
plans, and for the City's inspection of approved stormwater controls;
and
M.
Comply with state and federal statutes and regulations relating to
stormwater discharges.
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,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
The following definitions shall apply in the interpretation
and implementation of this chapter. Additional definitions may be
adopted by separate regulation:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereinafter amended.
Disturbance of a site by removal or moving of vegetative
surface cover or topsoil, grading, excavation, clearing or filling.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surfaces include,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
Any construction activity or land disturbance of a site that
is currently in a natural vegetated state or does not contain alteration
by man-made activities.
Any land clearing, grading, bulldozing, digging or similar
activities.
A set of approaches that seeks to mimic a site's pre-development
hydrology by using design techniques that infiltrate, filter, store,
evaporate and detain runoff close to its source. Instead of conveying,
managing and/or treating stormwater in large, end-of-pipe facilities,
LID utilizes small-scale, decentralized practices that infiltrate,
treat, evaporate, and transpire rainwater and snow melt, including
bioretention areas, grassed swales, reducing impervious areas, preservation
of open space, development density, lot size and configuration, street
design, parking design, and other structural stormwater treatment
methods.
The policy issued by the Massachusetts Department of Environmental
Protection, and as amended, 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 control the quantity of runoff from a site.
Every person who alone, jointly or severally with others:
(a) has legal title to any building, structure or parcel of land;
or (b) has care, charge or control of any building, structure, or
parcel of land in any capacity, including, but not limited to, an
agent, executor, executrix, administrator, administratrix, trustee
or guardian of the estate of the holder of legal title; or (c) a lessee
under a written lease agreement; or (d) a mortgagee in possession;
or (e) an agent, trustee or other person appointed by the courts.
Any individual, association, partnership, corporation, company,
business, organization, trust, estate, administrative agency, public
or quasi-public corporation or body, the commonwealth or political
subdivision thereof, the federal government, and any other legal entity,
its legal representatives, agents, or assigns, to the extent permitted
by law.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to the phase of a
new development or redevelopment project after completion, and does
not refer to the construction phase of a project.
The conditions that exist at the time that plans for the
land development of a site are submitted to the Stormwater Authority.
Where phased development or plan approval occurs (preliminary grading,
roads and utilities, etc.), the existing conditions at the time prior
to the first plan submission shall establish pre-development conditions.
Any construction, alteration, or improvement exceeding land
disturbance of 5,000 square feet, where the existing land use is commercial,
industrial, institutional, or multifamily residential.
The parcel of land being developed, or a designated planning
area in which the land development or redevelopment project is located.
The Stormwater Authority shall be the Department of Public
Works of the City of Springfield. The Stormwater Authority is responsible
for coordinating the review, approval and permit process as defined
in this chapter. Other boards and/or departments participate in the
review process as defined in the stormwater regulations adopted in
accordance with this chapter.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates. Stormwater management includes the
use of LID management practices.
A permit issued by the Stormwater Authority after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the City from the
deleterious effects of uncontrolled and untreated stormwater runoff.
A.
Stormwater Authority. The Department of Public Works of the City
of Springfield is hereby designated as the Stormwater Authority. The
Stormwater Authority shall administer, implement and enforce this
chapter. Any powers granted to or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees and agents.
B.
Stormwater regulations. The Stormwater Authority may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), procedures and administration of this chapter after conducting
a public hearing to receive comments on any proposed regulations or
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 Stormwater Authority
may promulgate rules and regulations to effectuate the purposes of
this chapter. Failure by the Stormwater Authority 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 Manual. The Stormwater Authority will utilize
the policy, criteria and information, including specifications and
standards, of the latest edition of the Massachusetts Stormwater Management
Handbook, for execution of the provisions of this chapter. This policy
includes a list of acceptable stormwater treatment practices, including
the specific design criteria for each stormwater practice. The policy
may be updated and expanded periodically, based on improvements in
engineering, science, monitoring, and local maintenance experience.
Unless specifically altered in the stormwater regulations, stormwater
management practices that are designed, constructed, and maintained
in accordance with these design and sizing criteria will be presumed
to be protective of Massachusetts water quality standards.
D.
Actions by the Stormwater Authority. The Stormwater Authority 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 stormwater regulations promulgated as a result of this chapter:
approval, approval with conditions, disapproval, or disapproval without
prejudice.
E.
Appeals of action by the Stormwater Authority. A decision of the
Stormwater Authority shall be final. Further relief of a decision
by the Stormwater Authority made under this chapter shall be to a
court of competent jurisdiction.
A.
Permit or waiver required. Prior to the commencement of construction
for any proposed development listed below, a stormwater management
permit, or a waiver of the requirement for a stormwater management
permit, must be issued by the Stormwater Authority. No person shall,
on or after the effective date of this chapter, initiate any land
clearing and grubbing, land grading, earth moving or development activities
without first complying with this chapter.
(1)
Multifamily residential developments involving four or more units;
(2)
Any new commercial, industrial, institutional structures under the
same ownership, with at least 5,000 square feet of gross floor area,
10,000 square feet of impervious surface, or that require 10 or more
parking spaces;
(3)
Redevelopment or additions to existing commercial, industrial, and
institutional uses which result in an additional impervious surface
area or gross floor area of greater than 5,000 square feet, or which
results in an increase of 10 or more parking spaces;
(4)
Construction activities and subdivisions disturbing greater than
or equal to one acre;
(5)
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development or redevelopment that
together disturbs one or more acres.
B.
Exemptions. The following uses and activities are exempt from the
requirements for a stormwater management permit:
(1)
Any agricultural activity which is consistent with an approved soil
conservation plan prepared or approved by the Natural Resources Conservation
Service;
(2)
Any logging which is consistent with a timber management plan approved
under the Forest Cutting Practices Act by the Massachusetts Department
of Environmental Management;
(3)
Developments that do not disturb more than one acre of land, provided
that they are not part of a larger common development plan;
(4)
Repairs to any stormwater or sewage treatment or collection systems
and/or drinking water transmission or distribution systems deemed
necessary by the Springfield Department of Public Works or the Springfield
Water and Sewer Commission;
(5)
Any emergency activity that is immediately necessary for the protection
of life, property or the environment, as determined by the Springfield
Department of Public Works; and
A.
Procedures, requirements and fee schedules for stormwater management
permits, and stormwater and LID performance standards shall be defined
and included as part of any rules and regulations promulgated as permitted
under this chapter.
B.
Issuance of a stormwater management permit shall not be construed
as a guarantee by the City of Springfield, the Stormwater Authority
or its employees or agents of the design or efficiency of the approved
stormwater management system.
The Stormwater Authority, or an authorized agent of the Stormwater
Authority, shall enforce this chapter, regulations adopted hereunder,
orders, and violation notices and enforcement orders issued hereunder,
and may pursue all civil and criminal remedies for such violations.
Enforcement shall be further defined and included as part of any rules
and regulations promulgated as permitted under this chapter.
The invalidity of any section, provision, paragraph, sentence
or clause of this chapter shall not invalidate any section, provision,
paragraph, sentence or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
