[Added 1-9-2018 by Ord.
No. 2018-3]
A.
Regulation of stormwater and contaminated stormwater runoff to the
municipal combined sewer system as well as the separate storm sewer
system (MS4) is necessary for the protection of the City'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 are major causes of impairment of water quality
and flow in lakes, ponds, streams, rivers, wetlands and groundwater;
such as:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Erosion of stream channels;
(4)
Overloading or clogging of municipal catch basins and storm drainage
systems;
(5)
Overloading of the municipal combined sewer system;
(6)
Alteration or destruction of aquatic and wildlife habitat; and
(7)
Flooding.
B.
Therefore, this Division 6 establishes stormwater management standards
for the final conditions that result from development and redevelopment
projects to minimize adverse impacts off site and downstream which
would be borne by abutters and the general public.
C.
The objectives of this Division 6 are:
(1)
To require practices to control the flow of stormwater from new and
redeveloped sites into the City storm drainage system in order to
prevent flooding and erosion;
(2)
To protect groundwater and surface water from degradation;
(3)
To promote groundwater recharge;
(4)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4) and to minimize discharge of pollutants from
the MS4;
(5)
To ensure adequate long-term operation and maintenance of structural
stormwater best management practices so that they work as designed;
(6)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(7)
To establish the City's legal authority to ensure compliance with
the provisions of this Division 6 through inspection, monitoring,
and enforcement.
As used in this Division 6, the following terms shall have the
meanings indicated:
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations.
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government to the extent permitted
by law requesting a soil erosion and sediment control permit for proposed
land-disturbance activity.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction-related
land disturbance activities.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
The policy issued by the 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.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Fall River.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of the commonwealth.
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociological, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A plan required as part of the application for a stormwater management permit. See § 74-150.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Total suspended solids.
This Division 6 is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes
and pursuant to the regulations of the Federal Clean Water Act found
at 40 CFR 122.34, published in the Federal Register on December 8,
1999.
A.
No person may undertake a construction activity, including clearing,
grading and excavation that results in a land disturbance that will
disturb equal to or greater than one acre of land or will disturb
less than one acre of land but is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater
than one acre of land draining to the Fall River municipal separate
storm sewer system without a permit from the Site Plan Review Committee.
Construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity
or the original purpose of the site.
B.
Exemptions. The following activities are exempt from this Division
6:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(2)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling;
(3)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(4)
Construction or maintenance and repair of utilities other than drainage
(gas, water, electric, telephone, etc.) which will not alter terrain
or drainage patterns;
(5)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by the Planning Board, Board of Health, Conservation Commission, Department
of Community Utilities or Department of Community Maintenance.
(6)
Disturbances of one or more acres that are wholly subject to jurisdiction
under the Wetlands Protection Act and demonstrate compliance with
the Massachusetts Stormwater Management Policy as reflected in an
order of conditions issued by the Conservation Commission.
(7)
As authorized in the Phase II Small MS4 General Permit for Massachusetts,
stormwater discharges resulting from the activities identified in
said permit that are wholly subject to jurisdiction under the Wetlands
Protection Act and demonstrate compliance with the Massachusetts Stormwater
Management Policy as reflected in an order of conditions issued by
the Conservation Commission are exempt from compliance with this Division
6.
A.
The Site Plan Review Committee shall administer, implement and enforce
this Division 6. Any powers granted to or duties imposed upon the
Site Plan Review Committee may be delegated in writing by the Site
Plan Review Committee to its employees or agents.
B.
Rules and regulations. The Site Plan Review Committee may adopt,
and periodically amend, rules and regulations relating to the procedures
and administration of this stormwater management ordinance, by majority
vote of the Site Plan Review Committee.
A.
Filing application. The site owner or his agent shall file with the
Site Plan Review Committee three copies of a completed application
package for a stormwater management permit (SMP). Permit issuance
is required prior to any site altering activity. While the applicant
can be a representative, the permittee must be the owner of the site.
The SMP application package shall include:
B.
Entry. Filing an application for a permit grants the Site Plan Review
Committee, or its agent, permission to enter the site to verify the
information in the application and to inspect for compliance with
the resulting permit.
C.
Fee structure. The Site Plan Review Committee shall obtain with each submission an application fee as established by this Division 6 to cover expenses connected with the application review of the stormwater management permit and a technical review fee sufficient to cover professional review. The Site Plan Review Committee is authorized to retain a registered professional engineer or other professional consultant to advise the Site Plan Review Committee on any or all aspects of these plans. Applicants must pay review fees before the review process may begin. Fees are as set forth in Chapter A110, Fee Schedule, of the City Code.[1]
D.
Actions. The Site Plan Review Committee's action, rendered in writing,
shall consist of either:
(1)
Approval of the stormwater management permit application based upon
determination that the proposed plan meets the standards and will
adequately protect the water resources of the community and is in
compliance with the requirements set forth in this Division 6;
(2)
Approval of the stormwater management permit application subject
to any conditions, modifications or restrictions required by the Site
Plan Review Committee which will ensure that the project meets the
standards and adequately protects water resources, as set forth in
this Division 6;
(3)
Disapproval of the stormwater management permit application based
upon a determination that the proposed plan, as submitted, does not
meet the standards or adequately protect water resources, as set forth
in this Division 6.
E.
Plan changes. The permittee must notify the Site Plan Review Committee
in writing of any drainage change or alteration in the system authorized
in a stormwater management permit before any change or alteration
is made. If the Site Plan Review Committee determines that the change
or alteration is significant, based on the stormwater management standards
and accepted construction practices, the Site Plan Review Committee
may require that an amended application be filed. If any change or
alteration from the stormwater management permit occurs during any
land-disturbing activities, the Site Plan Review Committee may require
the installation of interim erosion and sedimentation control measures
before approving the change or alteration.
F.
Project completion. At completion of the project, the permittee shall
submit as-built record drawings of all structural stormwater controls
and treatment best management practices required for the site. The
as-built drawing shall show deviations from the approved plans, if
any, and be certified by a registered professional engineer.
A.
The application for a stormwater management permit shall consist of submittal of a stormwater management plan to the Site Plan Review Committee. This stormwater management plan shall contain sufficient information for the Site Plan Review Committee to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in Subsection B of this section and DEP Stormwater Management Handbook Volumes I and II. The stormwater management plan shall fully describe the project in drawings and narrative. It shall include:
(1)
A locus map;
(2)
The existing zoning and land use at the site;
(3)
The proposed land use;
(4)
The location(s) of existing and proposed easements;
(5)
The location of existing and proposed utilities;
(6)
The site's existing and proposed topography, with contours at two-foot
intervals;
(7)
The existing site hydrology;
(8)
A description and delineation of existing stormwater conveyances,
impoundments, and wetlands on or adjacent to the site or into which
stormwater flows;
(9)
A delineation of one-hundred-year floodplains, if applicable;
(10)
Estimated seasonal high groundwater elevation (November to April)
in areas to be used for stormwater retention, detention, or infiltration;
(11)
The existing and proposed vegetation and ground surfaces, with
runoff coefficients for each;
(12)
A drainage area map showing pre- and post-construction watershed
boundaries, drainage area and stormwater flow paths;
(13)
A description and drawings of all components of the proposed
drainage system, including:
(a)
Locations, cross sections, and profiles of all brooks, streams,
drainage swales and their method of stabilization;
(b)
All measures for the detention, retention or infiltration of
water;
(c)
All measures for the protection of water quality;
(d)
The structural details for all components of the proposed drainage
systems and stormwater management facilities;
(e)
Notes on drawings specifying materials to be used, construction
specifications, and typicals; and
(f)
Expected hydrology with supporting calculations;
(14)
Proposed improvements, including location of buildings or other
structures, impervious surfaces, and drainage facilities, if applicable;
(15)
Timing, schedules, and sequence of development, including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization;
(16)
A maintenance schedule for the period of construction;
(19)
Any other information requested by the Site Plan Review Committee.
B.
Standards.
(1)
Projects
shall meet the standards of the Massachusetts Stormwater Management
Policy, which are as follows:
(a)
No new stormwater conveyances (e.g., outfalls) may discharge
untreated stormwater directly to or cause erosion in wetlands or waters
of the commonwealth.
(b)
Stormwater management systems must be designed so that post-development
peak discharge rates do not exceed pre-development peak discharge
rates.
(c)
Loss of annual recharge to groundwater should be minimized through
the use of infiltration measures to the maximum extent practicable.
The annual recharge from the post-development site should approximate
the annual recharge rate from the pre-development or existing site
conditions, based on soil types.
(d)
For new development, stormwater management systems must be designed
to remove 80% of the average annual load (post-development conditions)
of total suspended solids (TSS). It is presumed that this standard
is met when:
(e)
Stormwater discharges from areas with higher potential pollutant
loads require the use of specific stormwater management BMPs (see
Stormwater Management Volume I: Stormwater Policy Handbook). The use
of infiltration practices without pretreatment is prohibited.
(f)
Stormwater discharges to critical areas must utilize certain
stormwater management BMPs approved for critical areas (see Stormwater
Management Volume I: Stormwater Policy Handbook). Critical areas are
outstanding resource waters (ORWs), shellfish beds, swimming beaches,
cold water fisheries and recharge areas for public water supplies.
(g)
Redevelopment of previously developed sites must meet the stormwater
management standards to the maximum extent practicable. However, if
it is not practicable to meet all the standards, new (retrofitted
or expanded) stormwater management systems must be designed to improve
existing conditions.
(h)
Erosion and sediment controls must be implemented to prevent
impacts during disturbance and construction activities.
(i)
All stormwater management systems must have an operation and maintenance
plan to ensure that systems function as designed.
(2)
When one or more of the standards cannot be met, an applicant may
demonstrate that an equivalent level of environmental protection will
be provided.
C.
Project changes. The permittee, or its agent, shall notify the Site
Plan Review Committee in writing of any change or alteration of a
land-disturbing activity authorized in a stormwater management permit
before any change or alteration occurs. If the Site Plan Review Committee
determines that the change or alteration is significant, based on
the design requirements and accepted construction practices, the Site
Plan Review Committee may require that an amended stormwater management
permit application be filed. If any change or deviation from the stormwater
management permit occurs during a project, the Site Plan Review Committee
may require the installation of interim measures before approving
the change.
A.
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 in Subsection B below.
B.
The design requirements of the erosion and sediment control plan
are:
(1)
Minimize total area of disturbance;
(2)
Sequence activities to minimize simultaneous areas of disturbance;
(3)
Minimize peak rate of runoff in accordance with the Massachusetts
Stormwater Policy;
(4)
Minimize soil erosion and control sedimentation during construction,
provided that prevention of erosion is preferred over sedimentation
control;
(5)
Divert uncontaminated water around disturbed areas;
(6)
Maximize groundwater recharge;
(7)
Install and maintain all erosion and sediment control measures in
accordance with the manufacturer's specifications and good engineering
practices;
(8)
Prevent off-site transport of sediment;
(9)
Protect and manage on- and off-site material storage areas (overburden
and stockpiles of dirt, borrow areas, or other areas used solely by
the permitted project are considered a part of the project);
(10)
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 control;
(11)
Prevent significant alteration of habitats mapped by the Massachusetts
Natural Heritage and Endangered Species Program as endangered, threatened
or of special concern, estimated habitats of rare wildlife and certified
vernal pools, and priority habitats of rare species from the proposed
activities;
(12)
Institute interim and permanent stabilization measures, which
shall be instituted on a disturbed area as soon as practicable but
no more than 14 days after construction activity has temporarily or
permanently ceased on that portion of the site;
(13)
Properly manage on-site construction and waste materials; and
(14)
Prevent off-site vehicle tracking of sediments.
C.
Erosion and sedimentation control plan content. The plan shall contain
the following information:
(1)
Names, addresses, and telephone numbers of the owner, applicant,
and person(s) or firm(s) preparing the plan;
(2)
Title, date, North arrow, names of abutters, scale, legend, and locus
map;
(3)
Location and description of natural features, including:
(a)
Watercourses and water bodies, wetland resource areas and all
floodplain information, including the one-hundred-year flood elevation
based upon the most recent Flood Insurance Rate Map, or as calculated
by a professional engineer for areas not assessed on these maps;
(b)
Existing vegetation, including tree lines, canopy layer, shrub
layer, and ground cover, and trees with a caliper 12 inches or larger,
noting specimen trees and forest communities; and
(c)
Habitats mapped by the Massachusetts Natural Heritage and Endangered
Species Program as endangered, threatened or of special concern, estimated
habitats of rare wildlife and certified vernal pools, and priority
habitats of rare species within 500 feet of any construction activity.
(4)
Lines of existing abutting streets showing drainage and driveway
locations and curb cuts;
(5)
Existing soils, volume and nature of imported soil materials;
(6)
Topographical features, including existing and proposed contours
at intervals no greater than two feet, with spot elevations provided
when needed;
(7)
Surveyed property lines showing distances and monument locations,
all existing and proposed easements, rights-of-way, and other encumbrances,
the size of the entire parcel, and the delineation and number of square
feet of the land area to be disturbed;
(8)
Drainage patterns and approximate slopes anticipated after major
grading activities (construction phase grading plans);
(9)
Location and details of erosion and sediment control measures with
a narrative of the construction sequence/phasing of the project, including
both operation and maintenance for structural and nonstructural measures,
interim grading, and material stockpiling areas;
(10)
Path and mechanism to divert uncontaminated water around disturbed
areas, to the maximum extent practicable;
(11)
Location and description of industrial discharges, including
stormwater discharges from dedicated asphalt plants and dedicated
concrete plants, which are covered by this permit;
(12)
Stormwater runoff calculations in accordance with the Department
of Environmental Protection's Stormwater Management Policy;
(13)
Location and description of and implementation schedule for
temporary and permanent seeding, vegetative controls, and other stabilization
measures;
(14)
A description of construction and waste materials expected to
be stored on-site. The plan shall include a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(15)
A description of provisions for phasing the project where one
acre of area or greater is to be altered or disturbed;
(16)
Plans must be stamped and certified by a qualified professional
engineer registered in Massachusetts or a certified professional in
erosion and sediment control; and
(17)
Such other information as is required by the Site Plan Review
Committee.
A.
An operation and maintenance plan (O&M plan) is required at the
time of application for all projects. The maintenance plan shall be
designed to ensure compliance with the permit, this Division 6 and
that the Massachusetts surface water quality standards, 314 CMR 4.00,
are met in all seasons and throughout the life of the system. The
Site Plan Review Committee shall make the final decision of what maintenance
option is appropriate in a given situation. The Site Plan Review Committee
will consider natural features, proximity of site to water bodies
and wetlands, extent of impervious surfaces, size of the site, the
types of stormwater management structures, and potential need for
ongoing maintenance activities when making this decision. The operation
and maintenance plan shall remain on file with the Site Plan Review
Committee and shall be an ongoing requirement.
B.
The O&M plan shall include:
(1)
The name(s) of the owner(s) for all components of the system.
(2)
Maintenance agreements that specify:
(a)
The names and addresses of the person(s) responsible for operation
and maintenance.
(b)
The person(s) responsible for financing maintenance and emergency
repairs.
(c)
A maintenance schedule for all drainage structures, including
swales and ponds.
(d)
A list of easements, with the purpose and location of each.
(e)
The signature(s) of the owner(s).
(3)
Stormwater management easement(s).
(a)
Stormwater management easements shall be provided by the property
owner(s) as necessary for:
[1]
Access for facility inspections and maintenance.
[2]
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
one-hundred-year storm event.
[3]
Direct maintenance access by heavy equipment to structures requiring
regular cleanout.
(b)
The purpose of each easement shall be specified in the maintenance
agreement signed by the property owner.
(c)
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
Site Plan Review Committee.
(d)
Easements shall be recorded with the Bristol County Registry
of Deeds prior to issuance of a certificate of completion by the owner.
(4)
Changes to operation and maintenance plans.
(a)
The owner(s) of the stormwater management system must notify
the Site Plan Review Committee of changes in ownership or assignment
of financial responsibility.
(b)
The maintenance schedule in the maintenance agreement may be
amended to achieve the purposes of this Division 6 by mutual agreement
of the Site Plan Review Committee and the responsible parties. Amendments
must be in writing and signed by all responsible parties. Responsible
parties shall include the owner(s), persons with financial responsibility,
and persons with operational responsibility.
The Site Plan Review Committee may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by Corporation Counsel, and be in an amount deemed sufficient by the Site Plan Review Committee to ensure that the work will be completed in accordance with the permit. If the project is phased, the Site Plan Review Committee may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Site Plan Review Committee has received the final inspection report as required by § 74-154 and issued a certificate of completion.
A.
The Site Plan Review Committee or its designee shall inspect the
project site at the following stages:
(1)
Initial site inspection: prior to approval of any plan.
(2)
Erosion control inspection: to ensure erosion control practices are
in accord with the filed plan.
(3)
Bury inspection: prior to backfilling of any underground drainage
or stormwater conveyance structures.
(4)
Final inspection: After the stormwater management system has been
constructed and before the surety has been released, the applicant
must submit a record plan detailing the actual stormwater management
system as installed. The Site Plan Review Committee or its designee
shall inspect the system to confirm its "as-built" features. This
inspector shall also evaluate the effectiveness of the system in an
actual storm. If the inspector finds the system to be adequate, he
shall so report to Site Plan Review Committee, which will issue a
certificate of completion.
B.
In order to obtain inspections, the permittee shall notify the Site
Plan Review Committee at least two working days before the required
inspection.
C.
If the system is found to be inadequate by virtue of physical evidence
of operational failure, even though it was built as called for in
the stormwater management plan, it shall be corrected by the permittee
before the performance guarantee is released. If the permittee fails
to act, the City of Fall River may use the surety bond to complete
the work. Examples of inadequacy shall be limited to: errors in the
infiltrative capability, errors in the maximum groundwater elevation,
failure to properly define or construct flow paths, or erosive discharges
from basins.
A.
The Site Plan Review Committee may waive strict compliance with any
requirement of this Division 6 or the rules and regulations promulgated
hereunder where such action:
B.
Any applicant may 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 this Division 6 does not further the purposes or objectives of
this Division 6.
C.
All waiver requests shall be discussed and voted on by the Site Plan
Review Committee.
D.
If, in the Site Plan Review Committee's opinion, additional time
or information is required for review of a waiver request, the Site
Plan Review Committee may extend the review schedule. In the event
the applicant objects to a continuance, or fails to provide requested
information, the waiver request shall be denied.
The Site Plan Review Committee will issue a letter certifying
completion upon receipt and approval of the final inspection reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this Division 6.
A.
The Site Plan Review Committee or an authorized agent of the Site
Plan Review Committee shall enforce this Division 6, regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for such violations.
B.
Orders.
(1)
The Site Plan Review Committee or an authorized agent of the Site
Plan Review Committee may issue a written order to enforce the provisions
of this Division 6 or the regulations thereunder, which may include
requirements to:
(a)
Cease and desist from construction or land-disturbing activity
until there is compliance with this Division 6 and the stormwater
management permit;
(b)
Repair, maintain; or replace the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan;
(c)
Perform monitoring, analyses, and reporting;
(d)
Remediate adverse impact resulting directly or indirectly from
malfunction of the stormwater management system.
(2)
If the enforcing person determines that abatement or remediation
of adverse impacts 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 or property owner fail
to abate or perform remediation within the specified deadline, the
City may, at its option, undertake such work, and the property owner
shall reimburse the City's expenses.
(3)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner shall be notified of the costs incurred by the City, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Site Plan
Review Committee 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 the Site Plan Review Committee 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 for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57, after
the 31st day at which the costs first become due.
C.
Criminal penalty. Any person who violates any provision of this Division
6, or regulation, order or permit issued thereunder, shall be punished
by a fine of not more than $300. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City of Fall River may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and Chapter 2, Article X, § 2-1021, Noncriminal disposition authorized, of the Revised Ordinances of the City of Fall River, in which case the Site Plan Review Committee or its designee shall be the enforcing person. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Appeals. The decisions or orders of the Site Plan Review Committee
shall be final. Further relief shall be to a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this Division 6 are
not exclusive of any other remedies available under any applicable
federal, state or local law.
The issuing authority will issue a letter certifying completion
upon receipt and approval of the final reports and/or upon otherwise
determining that all work of the permit has been satisfactorily completed
in conformance with this Division 6.
