[Adopted 9-26-2016 by
the Select Board]
A.
Purpose and authority.
(1)
The purpose of these regulations is to protect, maintain and enhance
the public safety, environment, health, and general welfare by establishing
minimum requirements and procedures to control the adverse effects
of soil erosion and sedimentation, construction site runoff, increased
post-development stormwater runoff, decreased groundwater recharge,
and nonpoint source pollution associated with new development, redevelopment
or other land alterations.
(2)
These regulations are not intended to interfere with, abrogate or annul any other bylaw, rule or regulation, statute, or other provision of law, including, without limitation, Chapter 114 of the Code of the Town of Lexington (the "Stormwater Management Bylaw"). The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other bylaw, 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 take precedence.
B.
Adoption and amendment.
(1)
The following regulations are hereby adopted by the Select Board,
acting as the Stormwater Authority, as provided in the Stormwater
Management Bylaw.
[Amended 3-27-2019 ATM by Art. 34]
(2)
The Stormwater Agency shall enforce this chapter and resulting regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for such violations and waive strict
compliance with any requirement of these regulations.
C.
Effective date. These amended regulations shall take effect on September
18, 2023. A copy of these regulations shall be filed with the office
of the Town Clerk, with appropriate endorsements, including 1) the
date of adoption, 2) the date filed with the Town Clerk and 3) any
amendments.
[Amended 9-18-2023]
The definitions contained in Appendix VI-A[1] of these regulations apply to the issuance of a stormwater
management permit established by the Stormwater Management Bylaw and
implemented through these Stormwater Management Regulations. Terms
not defined in these regulations or in the Stormwater Management Bylaw
shall be construed according to their customary and usual meaning
unless the context indicates a special or technical meaning.
[1]
Editor's Note: Appendix VI-A is included as an attachment to this chapter.
A.
Applicability.
(1)
These regulations apply to all activities governed by the Stormwater
Management Bylaw as described below:
(a)
Any activity that results in a land disturbance of greater than
one acre of land, or any activity that disturbs less than one acre
of land if that project is part of a larger common plan of development
that will disturb a total of more than one acre of land; or
(b)
A new dwelling on a vacant lot, a new dwelling replacing an
existing dwelling, or the reconstruction of an existing dwelling that
is demolished to the extent of 50% or more of its replacement cost,
as determined by the Building Commissioner or designee; or
(2)
Stormwater discharges that are wholly subject to jurisdiction under the Wetlands Protection Act or Chapter 130 of the Code of the Town of Lexington, the Wetland Protection Bylaw, and demonstrate compliance with the Massachusetts Storm Water Management Standards as most recently revised and updated in accordance with revisions to the wetlands regulations, 310 CMR 10.00, and as reflected in an order of conditions or in a determination of applicability issued by the Conservation Commission are exempt from compliance with the Stormwater Management Bylaw and the remainder of these regulations.
B.
Project classification. Activities subject to these regulations are
referred to as projects. Projects fall into one of two classifications:
above-threshold projects and below-threshold projects.
[Amended 9-18-2023]
(1)
Above-threshold project classification: Any activity governed by
the Stormwater Management Bylaw that 1) results in a land disturbance
greater than or equal to one acre, 2) is part of a larger common plan
of development that eventually will disturb more than one acre of
land, or 3) requires site plan review and will disturb more than 10,000
square feet of land area is considered an above-threshold project.
Activities governed by the Stormwater Management Bylaw that are above-threshold
projects shall be consistent with these regulations in their entirety.
(2)
Below-threshold project classification: Any activity governed by the Stormwater Management Bylaw, but which 1) results in a land disturbance less than one acre, 2) that is not part of a larger common plan of development that eventually will disturb more than one acre of land is a below-threshold project, and 3) requires site plan review and will disturb less than 10,000 square feet of land area. Projects governed by the Stormwater Management Bylaw that are below-threshold projects shall be consistent with performance standards identified in § 181-74. Below-threshold project applicants shall only be required to submit the materials described in § 181-72B(2), and shall not be required to comply with the remaining administrative procedures and requirements in § 181-72.
A.
Permit required.
(1)
Projects that meet the applicability criteria of the Lexington Stormwater
Management Bylaw shall require either a stormwater management permit
in accordance with these regulations or site plan review under § 135-9.5.
[Amended 9-18-2023]
(2)
No land disturbance activity shall occur until a permit has been
issued hereunder and conditions of approval have been met.
(3)
No landowner or responsible party shall receive any building or other
land development permits required for land disturbance activities
without first meeting the requirements of the bylaw and these regulations
prior to commencing the proposed activity.
(4)
For site plan review projects, the stormwater management permit shall
be consolidated into the Planning Board's site plan review approval
and no separate stormwater permit from the Stormwater Agency is required.
[Added 9-18-2023]
B.
Stormwater management permit application. An application for a stormwater
management permit shall include the materials specified in this section.
Additional copies may be requested by the Stormwater Agency.
(1)
For above-threshold projects, as defined in Appendix VI-A, the applicant
shall file with the Stormwater Agency three copies of a completed
application package for a stormwater management permit. Each copy
of the completed stormwater management permit application package
shall include:
(a)
An application form with original signatures of all property
owners as well as the applicant signature if the applicant is not
a property owner;
(b)
Projections of dates of commencement and completion of construction
activities;
(c)
Payment of the application and other applicable fees;
(d)
A list of abutters certified by the Assessor's Office, to be
used by the applicant to provide notice;
(e)
A list of requested waivers, if applicable. Such a request shall be accompanied by an explanation or documentation and as described in § 181-79;
(f)
A stormwater management plan;
(g)
An erosion and sediment control plan;
(h)
An operation and maintenance (O&M) plan;
(i)
Above-threshold projects subject to the National Pollution Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges
from Construction Activities ("Construction General Permit") shall
also submit the following with their application unless otherwise
waived under 40 CFR § 122.26(b)(15)(i):
(2)
For below-threshold projects, applicants shall submit an erosion and sediment control plan, consistent with performance standards identified in § 181-74, directly to the Town of Lexington Building Department during application for residential or commercial building permits. Successful application of and acquisition of a Town of Lexington building permit will constitute compliance of below-threshold project applicants with these regulations.
C.
Entry on land. By filing an application for a stormwater management
permit, the property owner grants the Stormwater Agency and its agents,
officers, and employees permission to enter the site to verify the
information in the application and to inspect for compliance after
issuance of the stormwater management permit, including the making
of such examinations, surveys, or sampling as the Stormwater Agency
deems necessary for such inspections, subject to the constitutions
and laws of the United States and the commonwealth.
D.
Fees. For an above-threshold project, an applicant shall pay with
each submission of an application an application fee to cover expenses
connected with the administration of and review of the stormwater
management permit and a technical review and inspection fee sufficient
to cover professional services. The Stormwater Agency is authorized
to retain a registered professional engineer or other professional
consultant to advise the Agency on any or all aspects of these applications.
Applicants must pay application and applicable technical review and
inspection fees before the review process may begin. Fees shall be
calculated as follows:
(2)
Technical review and inspection fees for above-threshold projects.
(a)
In addition to the above fees, the Stormwater Agency is authorized
to require an applicant to pay a fee for the reasonable costs and
expenses for specific engineering and other consultant services deemed
necessary by the Stormwater Agency. Payment of such fees may be required
at any point in the review and inspection process prior to final certificate
of completion. The initial amount of this technical review fee shall
be $5,000. The final amount shall be determined by the Town Engineer.
If the actual cost incurred by the Town for review of said application
is less than the amount on deposit as specified above, the Stormwater
Agency shall authorize that such excess amount be refunded to the
applicant concurrently with final action on said application.
(b)
Such fee shall be held in a revolving fund by the Stormwater
Agency, to be used to engage independent consultants should the Stormwater
Agency determine necessary, based on the characteristics or complexity
of the issues raised by the application and/or construction. Such
fee shall be governed and administered in accordance with MGL c.44
§ 53G.
(c)
If prior to certificate of completion issuance, the Stormwater
Agency finds that the initial deposit is not sufficient to cover actual
costs incurred by the Town during the review of the application, the
applicant shall be required to submit forthwith such additional amount
as is deemed required by the Stormwater Agency to cover such costs.
The Stormwater Agency shall notify the applicant of such additional
amount in writing. Failure to submit such additional amount as required
within 14 days of receipt of said notice shall be deemed reason to
deny said application.
(d)
The Stormwater Agency reserves the right to waive or discount
its fees at its discretion.
E.
Permit application review procedures. The Stormwater Agency shall
review all applications for a stormwater management permit for completeness.
If the Stormwater Agency determines that the application is not complete,
the Agency will notify the applicant in writing, within 21 days of
receipt of the application, what additional information is required.
The permit application review procedures are as follows:
(1)
Preapplication meeting (recommended for above-threshold projects
only). Prior to submittal of an application, the applicant may request
a preapplication meeting. The Stormwater Agency shall establish the
meeting date during the Town's business hours. The meeting shall be
held at the Town's Department of Public Works. The meeting will assist
the applicant in submission of a complete stormwater management permit
application.
(2)
Abutter notification (required for above-threshold projects only).
At the time of application submittal, the applicant shall provide
notice to all abutters of the application's filing and invite comment
to the Agency on said application for a period of seven days. The
Agency shall make the application available for inspection by the
public during business hours at the Department of Public Works.
The Stormwater Agency may, in its discretion, waive this requirement
if abutters have been notified of the same project at other stages
of project approval by other Town of Lexington boards or commissions.
(3)
Final action. The Stormwater Agency shall take final action within
21 days of the receipt of a complete application unless such time
is extended by agreement between the applicant and the Stormwater
Agency, per § 181-74E(4) below. The Stormwater Agency's
final action, rendered in writing, shall be filed with the Department
of Public Works and shall consist of either:
(a)
Approval of the stormwater management permit application based
upon determination that the proposed plan will adequately protect
the water resources of the Town of Lexington and is in compliance
with the requirements set forth in these regulations;
(b)
Approval of the stormwater management permit application subject
to any conditions, modifications, or restrictions required by the
Stormwater Agency which will ensure that the project will adequately
protect the water resources of the Town of Lexington and is in compliance
with the requirements set forth in these regulations; or
(c)
Disapproval of the stormwater management permit application
based upon a determination that the proposed plan, as submitted, does
not adequately protect water resources, as set forth in these regulations,
or the application is deemed incomplete.
(4)
Mutual extension of time. The required time limits for final action
may be extended by written agreement between the applicant and the
Stormwater Agency. A copy of such an agreement shall be filed with
the Department of Public Works.
(5)
Constructive approval. Failure of the stormwater Agency to take a
final action for an application within 21 days of receipt of a complete
application shall be deemed to be approval of said application. Upon
certification by the Town Clerk that the allowed time has passed without
Stormwater Agency action, the activity may proceed as proposed in
the application.
F.
Changes to approved plans. The permittee must notify the Stormwater
Agency in writing of any significant change or alteration in the system
authorized in a stormwater management permit before any such change
or alteration is made. If the Stormwater Agency determines within
21 days that the change or alteration is significantly different in
nature or character, it shall require the applicant to submit an amended
application and obtain approval of the change from the Stormwater
Agency prior to construction.
G.
Project completion. At final completion of all above-threshold projects, the permittee shall request a certificate of completion pursuant to the requirements of § 181-77 of these regulations.
H.
Expiration of stormwater management permit. A stormwater management
permit expires two years after the date of issuance. If the project
associated with an approved stormwater management permit granted under
the Stormwater Management Bylaw has not been substantially completed
within two years of permit issuance, a new permit, or a permit extension
may be required by the Stormwater Agency.
A.
Minimum performance standards. Except as expressly provided, runoff
from all above-threshold projects shall meet Standards 1 through 10
of the Massachusetts Department of Environmental Protection's Stormwater
Management Standards and Handbook using current best management practices
(BMPs) and these regulations. Where an inconsistency exists between
the Massachusetts Stormwater Handbook and these regulations, the stricter
requirement shall apply.
B.
Additional design criteria.
(1)
Landscape design performance standards. Site plans and landscape
plans for all proposed projects shall take appropriate steps to minimize
water use for irrigation and to allow for natural recharge of groundwater.
Native species and habitat creating species shall be used in all landscape
plans to the maximum extent possible. Invasive species shall not be
planted in the Town of Lexington.
(2)
Hydrological basis for design. For stormwater facility sizing criteria,
the basis for hydrologic and hydraulic evaluation of development and
redevelopment sites are as follows:
(a)
Evaluation and implementation of low-impact development (LID)
practices is required to the maximum extent practicable. Guidance
on these practices is provided in Appendix VI-B[1] and the Massachusetts Stormwater Handbook.
[1]
Editor's Note: Appendix VI-B is included as an attachment to this chapter.
(b)
The condition and capacity of any existing infrastructure that
will be connected to or from the proposed development shall be evaluated.
(c)
The twenty-four-hour rainfall amounts shall be based on the
Northeast Regional Climate Center "Atlas of Precipitation Extremes
for the Northeastern United States and Southeastern Canada" (rounded
to the nearest one-tenth of an inch).
(d)
The minimum time of concentration for street drainage shall
be five (5) minutes.
[Amended 6-6-2022]
(e)
Water velocities in pipes and gutters shall be between two (2)
feet and ten (10) feet per second, not more than five (5) feet per
second on paved surfaces, and not more than four (4) feet per second
in vegetated areas.
[Amended 6-6-2022]
(f)
Impervious cover is measured from the Site plan and includes
any material or structure on or above the ground that prevents water
from infiltrating through the underlying soil (including compacted
gravel).
[Amended 6-6-2022]
(g)
Off-site areas shall be assessed based on their predeveloped
condition for computing the water quality volume (i.e., treatment
of only on-site areas is required). However, if an off-site area drains
to a proposed stormwater management facility, flow from that area
must be accounted for in the sizing of a specific Facility.
[Amended 6-6-2022]
(h)
Off-site areas draining to a proposed facility should be modeled
as "present condition" for peak-flow attenuation requirements.
[Amended 6-6-2022]
(i)
The length of sheet flow used in time of concentration calculations
is limited to no more than 100 feet.
(j)
Detention time shall be computed as the time between the center
of mass of the inflow hydrograph and the center of mass of the outflow
hydrograph. For purposes of choosing a runoff curve number, all pervious
lands in the site shall be assumed prior to development to be in good
hydrologic condition regardless of conditions existing at the time
of computation.
(k)
Proposed residential, commercial, or industrial subdivisions
or ANRs shall apply these stormwater management criteria to the land
development as a whole. Individual lots in new subdivisions shall
not be considered separate land development projects, but rather the
entire subdivision shall be considered a single Common Plan of Development.
Hydrologic parameters shall reflect the ultimate land development
and shall be used in all engineering calculations.
[Amended 6-6-2022]
(l)
Retain the volume of runoff equivalent to, or greater than,
1.0 inch multiplied by the total post-construction impervious surface
area on the redeveloped site, including any directly connected impervious
area draining onto the redeveloped site; and/or
[Added 6-6-2022]
(m)
Remove 90% of the average annual load of Total Suspended Solids
generated from the impervious area on the site; and
[Added 6-6-2022]
(n)
Remove 60% of the average annual load of Total Phosphorus (TP)
generated from the total area on the site.
[Added 6-6-2022]
(3)
Discharges to water-quality impaired waters. The applicant must determine
whether stormwater discharges from the proposed site will contribute,
either directly or indirectly, to the impairment of an impaired water
body with or without approved total maximum daily load. The Massachusetts
Integrated List of Waters is published every two years and shall be
the reference for determination of water body impairment listings.
Stormwater management facilities and nonstructural stormwater BMPs
shall be selected that will control the discharge of the pollutant(s)
identified as causing the impairment.
A.
Erosion and sediment control design criteria. The following erosion
and sediment control performance standards must be met. Except as
expressly provided, all stormwater management permit projects shall
meet Standard 8 of the Massachusetts Department of Environmental Protection's
Stormwater Management Standards and Handbook using current best management
practices (BMPs) and these regulations. Where an inconsistency exists
between the Massachusetts Stormwater Handbook and these regulations,
the stricter requirement shall apply.
(1)
Minimize total area of disturbance and minimize unnecessary clearing
and grading from all construction sites. Clearing and grading shall
only be performed within areas needed to build the project, including
structures, utilities, roads, recreational amenities, post-construction
stormwater management facilities, and related infrastructure.
(2)
Prior to any land disturbance activities commencing on the site,
the developer shall physically mark limits of the allowable disturbance
on the site with tape, signs, or orange construction fence, so that
workers can see the areas to be protected. The physical markers shall
be inspected daily by the permittee.
(3)
Erosion and sediment control measures shall be installed and maintained
in accordance with the manufacturer's specifications and good engineering
practices to ensure they perform as intended.
(4)
Erosion and sediment control measures used shall be chosen based
on the goal of minimizing site disturbance from installation of such
measures.
(5)
Stormwater runoff velocities shall be minimized to the greatest extent
practicable. Increases in runoff velocities due to the removal of
existing vegetative cover during development and the resulting increase
in impermeable surface area after development must be taken into account
when providing for erosion control.
(6)
Protect disturbed areas from stormwater runoff. Best management practices
(BMPs) can be utilized to prevent water from entering and running
over the disturbed area. Diversions and other control practices to
intercept runoff from higher watershed areas, store or divert it away
from vulnerable areas, and direct it toward stabilized outlets may
be used.
(7)
Sediment trapping and settling devices shall be employed to trap
and/or retain suspended sediments and allow time for them to settle
out in cases where perimeter sediment controls (e.g., silt fence and
hay bales) are deemed to be ineffective in trapping suspended sediments
on-site.
(8)
Stormwater management facilities to be used after construction shall
not be used as BMPs during construction unless otherwise approved
by the Stormwater Agency. Many technologies are not designed to handle
the high concentrations of sediments typically found in construction
runoff, and thus must be protected from construction related sediment
loadings.
(9)
Sediment shall be removed once the volume reaches 1/4 to 1/2 the
height of a perimeter sediment control system. Sediment shall be removed
from silt fence prior to reaching the load-bearing capacity of the
silt fence which may be lower than 1/4 to 1/2 the height.
(10)
Sediment from sediment traps or sedimentation ponds shall be
removed when design capacity has been reduced by 50%.
(11)
On and off-site material storage areas, including construction
and waste materials, shall be properly protected and managed.
(12)
Soil stockpiles must be stabilized or covered at the end of
each workday. Stockpile side slopes shall not be greater than 2:1.
All stockpiles shall be surrounded by sediment controls.
(13)
Projects must comply with applicable federal, state, and local
laws and regulations, including waste disposal, sanitary sewer or
septic system regulations, and air quality requirements, including
dust and debris control.
(14)
Interim and permanent stabilization measures shall be instituted
on a disturbed area immediately after construction activity has temporarily
or permanently ceased on that portion of the site. Two methods are
available for stabilizing disturbed areas: mechanical (or structural)
methods and vegetative methods. In some cases, both are combined in
order to control erosion.
(15)
Temporary sediment trapping devices must not be removed until
permanent stabilization is established in all contributory drainage
areas.
(16)
The duration of the exposure of disturbed areas due to removal
of vegetation and/or regrading shall be stated in writing in a schedule
that will be prepared at the time of application for permit and maintained
as part of the project records.
(17)
Dust control shall be used during grading operations. Dust control
methods may consist of grading fine soils on calm days only or dampening
the ground with water.
(18)
During construction, all disturbed areas shall be enclosed with
compost filter socks in the down gradient direction or in any direction
to which erosion can occur.
(19)
During construction, any site entrance from a paved, public
way shall be improved with a temporary construction entrance built
in accordance with the recommendations of the Massachusetts
Erosion and Sediment Control Guidelines for Urban and Suburban Areas to prevent soil from being transported onto the street.
[Amended 6-6-2022]
(20)
During construction, catch basin or other drainage system inlet
structures down gradient of the construction entrance shall be protected
with silt sacks or other inlet protection device.
(21)
If the work produces or distributes soil on public or private
ways, that soil shall be cleaned up by the responsible party as soon
as possible but in all cases within 24 hours.
(22)
If the work causes the discharge of soil to Town drainage structures,
all affected downstream pipes shall be cleaned by the responsible
party within three days.
[Amended 6-6-2022]
The application for a stormwater management permit shall include
the submittal of a stormwater management plan to the Stormwater Agency
for all above-threshold projects. The stormwater management plan shall
also contain sufficient information for the Stormwater Agency to evaluate
the environmental impact, effectiveness, and acceptability of the
measures proposed by the applicant for mitigating adverse impacts
from stormwater runoff. This plan shall be designed to meet the Massachusetts
Stormwater Standards and additional criteria established in these
regulations, and must be submitted with the stamp and signature of
a professional engineer (PE) licensed to conduct such work in the
Commonwealth of Massachusetts.
The stormwater management plan shall fully describe the project
in drawings, narrative, and calculations and shall include the following:
A.
Project Narrative. Required contents of the stormwater management
plan narrative are provided in Appendix VI-C[1] of these regulations.
[1]
Editor's Note: Appendix VI-C is included as an attachment to this chapter.
B.
Project Drawings and Specifications. Required contents of the stormwater
management plan drawings and specifications are provided in Appendix
VI-C of these regulations.
C.
Erosion
and Sediment Control Plan.
(1)
An
erosion and sediment control plan is required at the time of application
for all projects. Plan approval by the Stormwater Agency is required
prior to any land disturbances. The plan shall be designed to ensure
compliance with the stormwater management permit, these regulations,
the Massachusetts Stormwater Handbook, and the NPDES Construction
General Permit (when applicable). In addition, the plan shall ensure
that the Massachusetts Surface Water Quality Standards (314 CMR 4.00)
are met in all seasons.
(2)
If
a project requires a stormwater pollution prevention plan (SWPPP)
per the NPDES Construction General Permit, the applicant must also
submit a complete copy of the SWPPP as part of its application for
a stormwater management permit. If the SWPPP meets the requirements
of the Construction General Permit, it will be considered equivalent
to the erosion and sediment control plan described in this section.
(3)
The
erosion and sediment control plan shall contain sufficient information
to describe the nature and purpose of the proposed development, pertinent
conditions of the site and the adjacent areas, and proposed erosion
and sedimentation controls. The applicant shall submit such material
as is necessary to show that the proposed development will comply
with the design requirements listed below.
(4)
For
larger developments where construction phasing occurs, the erosion
and sediment control plan shall be updated as needed based on changing
conditions at the site.
(5)
Required
contents of the erosion and sediment control plan are provided in
Appendix VI-D[2] of these regulations.
[2]
Editor's Note: Appendix VI-D is included as an attachment to this chapter.
D.
Operation
and Maintenance Plan.
(1)
An
operation and maintenance (O&M) plan is required at the time of
application for all above-threshold projects. The O&M plan shall
be designed to ensure a) compliance with the permit, these regulations
and the Massachusetts Stormwater Handbook, and b) that the Massachusetts
Surface Water Quality Standards (314 CMR 4.00) are met in all seasons
and throughout the life of all of the project's stormwater management
facilities. The O&M plan shall be a stand-alone document, submitted
as a digital file, preferably .PDF, in addition to paper copy and
shall remain on file with the Stormwater Agency. Compliance with the
O&M plan shall be an ongoing requirement. When applicable, stormwater
management easements will be required for all areas used for off-site
stormwater control, unless the Stormwater Agency grants a waiver.
To ensure that all stormwater management facilities continue to function
as designed, a final O&M plan shall be submitted prior to issuance
of a certificate of completion. This plan shall reflect any modifications
made during the permitting process and the site specific conditions.
(2)
The
O&M plan shall include, at a minimum:
(a)
The names, addresses and contact information of the property owner(s).
(b)
The signature(s) of the owner(s).
(c)
The names, addresses, and contact information of the person(s) responsible
for site operation and maintenance, including how future property
owners will be notified of the presence of the stormwater management
facilities and the requirement for proper operation and maintenance;
if responsibility is contracted to a third party, a copy of the maintenance
agreement(s) with said third party must be provided.
(d)
A plan or map drawn to scale showing the location of the systems
and stormwater management facilities, including existing and proposed
easements, catch basins, manholes/access lids, main, and stormwater
management facilities along with the discharge point.
(e)
A description and purpose of all parcel easements shown on the above-referenced
drawing. The applicant shall record all easements with the Middlesex
South Registry of Deeds prior to issuance of a certificate of completion.
(f)
An inspection and maintenance schedule for all stormwater management
facilities, including what routine and nonroutine maintenance tasks
are to be performed, when they are to be conducted, who is to perform
them, and to whom to report results.
(g)
A description and delineation of public safety features.
(h)
Any other information requested by the Stormwater Agency.
(3)
Stormwater management facilities and practices included in an O&M plan shall undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and § 181-78 of these regulations. At a minimum, inspections shall occur once every year.
For all above-threshold projects, the applicant shall provide
the following:
A.
Surety.
(1)
Stormwater completion surety.
(a)
As a condition of issuance of the stormwater management permit,
and before the start of any land disturbance or construction activity,
the Stormwater Agency may require the applicant to post a surety bond,
irrevocable letter of credit, cash, or other acceptable security in
an amount sufficient to guarantee completion of the approved estimated
cost of construction.
(b)
The form of the bond shall be approved by the Stormwater Agency,
and be in an amount deemed sufficient by the Stormwater Agency to
ensure that the work will be completed in accordance with the permit.
(c)
If the project is phased, the Stormwater Agency may release part of the bond as each phase is completed in compliance with the permit but the bond may not be released to an amount less than 15% of the original amount until the Stormwater Agency has received the final inspection report as required by § 181-77B(1) of these regulations and issued a certificate of completion.
B.
Inspections. Construction site inspections shall be conducted by
the applicant in accordance with the approved stormwater management
plan. Noncompliance issues discovered during inspections are the responsibility
of the construction site operator to resolve in a timely manner.
(1)
Construction commencement.
(a)
The applicant shall notify the Stormwater Agency seven workdays
prior to the commencement of construction to arrange for an on-site,
preconstruction meeting. The applicant's technical representative,
the general contractor, or any other person with authority to make
changes to the project, shall meet with the Stormwater Agency or its
representative to review construction sequencing and the permitted
plans and their implementation.
(b)
The applicant shall maintain a copy of the approved and signed
plans and permits for a stormwater management permit, and documentation
demonstrating that conditions of approval have been met, including
a copy of the approved erosion and sediment control plan and, if applicable,
an EPA Authorization for a NPDES General Permit for Storm Water Discharges
from Construction Activities (Construction General Permit) on the
construction site at all times.
(2)
Inspections by applicant.
(a)
To ensure Erosion Control practices are in accord with the filed
erosion and sediment control plan, the applicant or an authorized
representative will conduct erosion and sediment control inspections
at least once every 14 calendar days, and within 24 hours of the end
of a storm event of 0.25 inch or greater, from the start of construction
until the site is permanently stabilized. Inspection frequency may
be reduced to once a month if the site is temporarily stabilized,
runoff is unlikely due to winter conditions (e.g., site is covered
with snow, ice, or the ground is frozen), or, if construction is occurring
during seasonal dry periods. The applicant shall obtain approval from
the Stormwater Agency for any change in inspection frequency, including
termination of inspections due to site stabilization.
[Amended 6-6-2022]
(b)
Erosion and sediment control inspections must include all areas
of the site disturbed by construction activity and areas used for
storage of materials that are exposed to precipitation. The individual
conducting the inspection must look for evidence of, or the potential
for, pollutants entering the stormwater conveyance system. Sedimentation
and erosion control measures identified in the erosion and sediment
control plan must be observed to ensure proper operation. Discharge
locations must be inspected to ascertain whether erosion control measures
are effective in preventing significant impacts to waters of the Commonwealth
of Massachusetts and United States, where accessible. Where discharge
locations are inaccessible, nearby downstream locations must be inspected
to the extent that such inspections are practicable. Locations where
vehicles enter or exit the site must be inspected for evidence of
off-site sediment tracking.
(c)
For each erosion and sediment control inspection, an inspection
report must be completed within 24 hours of the inspection by the
site owner or an authorized representative. The inspection report
shall be consistent with construction inspection reporting outlined
in the Construction General Permit and shall include the following
information, as a minimum:
[1]
Name, date, and signature of qualified inspector;
[2]
Weather information and a description of any discharges occurring
at the time of the inspection;
[3]
Weather information for the period since the last inspection
(or since commencement of construction activity if the first inspection)
including a best estimate of the beginning of each storm event, duration
of each storm event, approximate amount of rainfall for each storm
event (in inches), and whether any discharges occurred;
[4]
Location(s) of discharges of sediment or other pollutants from
the site;
[5]
Location(s) of best management practices (BMPs) that need to
be maintained and a description of the need for maintenance;
[6]
Location(s) of BMPs that failed to operate as designed or proved
inadequate for a particular location, and/or location(s) where additional
BMPs are needed that did not exist at prior inspection; and
[7]
Corrective action required, including any changes to the stormwater
management plan necessary and implementation dates.
(d)
A stormwater management facility inspection by the applicant's
certifying professional engineer shall be made during construction
of the stormwater management system.
(e)
The applicant shall conduct a final inspection near project
completion to ensure temporary controls have been removed, stabilization
is complete, and final conditions adhere to approved site plans.
(f)
A record of each inspection and of any actions taken must be
retained by the applicant for at least three years. The inspection
reports must identify any incidents of noncompliance with the permit
conditions. Where a report does not identify any incidents of noncompliance,
the report must contain a certification that the construction project
or site is in compliance with this permit.
(g)
If a project requires a SWPPP per the NPDES Construction General
Permit, the applicant must submit all inspection reports completed
under that SWPPP to the Stormwater Agency.
(3)
Town inspections.
(a)
At its discretion, the Stormwater Agency (or their assigns)
may conduct periodic inspections of the project to ensure compliance
with the conditions of the stormwater management permit.
(b)
All inspection reports conducted by the applicant shall be made
available during Town inspections.
(c)
Additional inspections may be conducted as needed if chronic
deficiencies are identified.
C.
Inadequacy of system.
(1)
The Stormwater Agency reserves the right to require corrections or improvements to a stormwater management system after issuance of any stormwater management permit based on the system's performance under actual storm conditions. If the stormwater management system is found by the Stormwater Agency to be inadequate by virtue of physical evidence of operational failure, even though it was built in accordance with the Stormwater Management Plan, it shall be corrected by the applicant before the certificate of completion is released. If the applicant fails to act, the Stormwater Agency may use the surety bond required pursuant to § 181-76 to complete the work.
(2)
If the Stormwater Agency determines that there is a failure to comply
with the plan, the property owner shall be notified in writing of
the nature of the violation and the required corrective actions. A
stop-work order shall be issued until any violations are corrected
and all work previously completed has received approval by the Stormwater
Agency.
For all above-threshold projects, the applicant shall provide
the following:
A.
As-built plans.
(1)
Within 90 days of completion of the project, the applicant shall
submit as-built record drawings. A registered land surveyor must prepare
as-built plans that show the as-built conditions, including all final
grades. All changes to project design shall be indicated in red on
plans (or otherwise noted). All work deleted, corrections in elevations,
and changes in materials shall be shown on the as-built drawings and
explained in writing. A registered professional engineer shall certify
conformance with the plan, and/or identify deviations, if any, from
the stormwater management permit.
(2)
As-built plans shall be submitted electronically to the Stormwater
Agency. File format shall be the AutoCAD DWG format and consistent
with the current Standard for Digital Plan Submission to Municipalities,
published by the Commonwealth's Office of Environmental Information
(MassGIS) unless otherwise indicated by the Stormwater Agency.
(3)
As-built plans shall, at a minimum, include the following information:
B.
Certificate of completion.
(1)
Upon completion, the applicant is responsible for certifying that
the completed project is in accordance with the approved plans and
specifications by submitting the following material to the Stormwater
Agency:
(a)
Certification by a registered professional engineer that the
stormwater management facilities have been installed and are functioning
according to the approved stormwater management permit;
(b)
As-built plan, stamped by a registered land surveyor and electronic copy, submitted no later than 90 days after completion of construction, in accordance with § 181-77 of these regulations;
(c)
Documentation on compliance with all permit conditions;
(d)
Final operation and maintenance plan;
(e)
Maintenance contracts in place (if required); and
(f)
Certified copy of the stormwater management permit and all necessary
easements have been recorded at Registry of Deeds.
(2)
The Stormwater Agency will issue a letter to the permittee, certifying
completion upon receipt and approval of the final inspection and reports
and/or upon otherwise determining that all work of the stormwater
management permit has been satisfactorily completed in conformance
with the Stormwater Management Bylaw and these regulations.
For all above-threshold projects, the owner of the property
on which work has been done pursuant to these regulations, or any
other person or agent in control of such property, shall maintain
in good condition and promptly repair and restore all stormwater management
facilities. Such repairs or restoration and maintenance shall be in
accordance with approved O&M plan. The Town of Lexington will
not accept ownership of stormwater BMPs located outside of street
rights-of-way, and the maintenance of such facilities shall remain
the permanent responsibility of the applicant or his successors and/or
assigns. The owner of the property on which work has done pursuant
to these regulations for private stormwater management facilities,
or any other person or agent in control of such property, shall maintain
in good condition and promptly repair and restore all Stormwater Management
Facilities in accordance with the O&M Plan and all other applicable
approved plans, and all applicable laws.
A.
Maintenance inspections.
(1)
The property owner responsible for the operation and maintenance
of stormwater management facilities shall retain a qualified inspector
who shall submit, on an annual basis by January 1 of each year, a
written certification to the Stormwater Agency documenting that work
has been done to properly operate and maintain the stormwater management
facilities consistent with the approved O&M plan. The property
owner responsible for the operation and maintenance of a stormwater
management system shall prepare records of the all maintenance and
repairs, using the example inspection and maintenance form included
in Appendix VI-E[1] of these regulations.
[1]
Editor's Note: Appendix VI-E is on file in the Engineering
Department.
(2)
Maintenance inspections shall include consideration of the condition
of:
(a)
Pretreatment devices;
(b)
Vegetation or filter media;
(c)
Fences or other safety devices;
(d)
Spillways, valves, or other control structures;
(e)
Embankments, slopes, and safety benches;
(f)
Reservoir or treatment areas;
(g)
Inlet and outlet channels and structures;
(h)
Underground drainage;
(i)
Sediment and debris accumulation in storage and forebay areas
(including catch basins);
(j)
Any nonstructural practices; and
(k)
Any other item that could affect the proper function of the
stormwater management system.
B.
Right-of-entry for inspection. The terms of the O&M plan and any maintenance agreement for the implementation thereof shall provide for the Stormwater Agency or its designee to enter the properly at reasonable times and in a reasonable manner for the purpose of inspection in accordance with § 181-72C of these regulations.
C.
Records of inspections and maintenance, repair, replacement and disposal
activities. Property owners responsible for the operation and maintenance
of stormwater management facilities shall prepare records of the installation
and of all inspections, maintenance, repairs, replacement, and disposal
activities, and shall retain the records for at least five years.
These records shall be made available to the Stormwater Agency during
inspection of the facility and upon request. For disposal, the record
must indicate the type of material, quantity of material, and disposal
location.
D.
Failure to maintain. After notification is provided to the signatories
to the maintenance agreement of any deficiencies discovered from an
inspection of a stormwater management system, the owner of the property
shall have 30 days (which time may be extended by the Stormwater Agency)
to correct the deficiency. The Stormwater Agency shall then conduct
a subsequent inspection to ensure completion of repairs.
A.
The Stormwater Agency may, at its sole discretion, waive strict compliance
with any requirement of the Stormwater Management Bylaw and these
regulations, where it makes a written finding that such action is:
B.
Any applicant shall submit a written request to be granted such a
waiver. 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 or objectives of the Bylaw.
C.
If in the Stormwater Agency's opinion, additional time or information
is required for review of a waiver request, the Stormwater Agency
may request consent of the applicant in extending the time for collection
of additional information. In the event the applicant objects to a
continuance, or fails to provide requested information, the waiver
request shall be denied.
D.
Waivers described herein shall not constitute an exemption from any
other applicable federal, state, or local permitting requirements.
The Stormwater Agency, or an authorized agent of the Agency,
shall enforce the Bylaw, regulations, orders, violation notices, and
enforcement orders, and may pursue all available civil, criminal and
noncriminal remedies for such violations.
A.
Notices and orders.
(1)
The Stormwater Agency may issue a written notice of violation or
an enforcement order to enforce the provisions of the Stormwater Management
Bylaw and the regulations, which may include requirements to:
(a)
Suspend or revoke any stormwater management permit;
(b)
Cease and desist construction or land disturbances until the
Stormwater Agency certifies compliance with the Bylaw and the stormwater
management permit;
(c)
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the O&M plan;
(d)
Perform monitoring, analyses, and reporting; and/or
(e)
Repair adverse impact resulting directly or indirectly from
malfunction of the stormwater management system.
(2)
The suspension or revocation of the permit shall not relieve the
applicant of his obligation thereunder except at the discretion of
the Stormwater Agency.
(3)
If the Stormwater Agency determines that abatement or remediation
of adverse impacts is required, the order may set forth a deadline
by which such abatement or remediation shall be completed.
B.
Purchase, inheritance, or acquisition of property. Any person who
purchases, inherits or otherwise acquires real estate upon which work
has been done in violation of the provisions of the Stormwater Management
Bylaw and these regulations, or in violation of the approved plans
under this section shall forthwith comply with any such order, and
restore such real estate to its condition prior to such violation,
as the Stormwater Agent deems necessary to remedy such violation.
C.
Fines. Any person who violates any provision of the Town of Lexington Stormwater Management Bylaw, these regulatio ns, or order or permit issued there under, may be fined up to $300 per offense. Each day that such violation occurs or continues shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the Stormwater Agency may choose to use the noncriminal disposition procedure set forth in MGL c. 40, § 21D and § 1-6 of the Code of the Town of Lexington.
D.
Remedies not exclusive. The remedies listed in the Stormwater Management
Bylaw and these regulations are not exclusive of any other remedies
available under any applicable federal, state, or local law.
The invalidity of any section, provision, paragraph, sentence,
or clause of these regulations shall not invalidate any other section,
provision, paragraph, sentence or clause thereof, nor shall it invalidate
any permit or determination that has been previously issued.
