[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:
ABUTTER
The owner(s) of land abutting the activity.
AGRICULTURE
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.
ALTERATION OF DRAINAGE CHARACTERISTICS
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.
APPLICANT
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.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
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.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a construction site.
DEVELOPMENT
The modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LAND
Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth material.
EROSION
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.
EROSION AND SEDIMENTATION CONTROL PLAN
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.
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS
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).
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE
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.
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT
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.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
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.
OPERATION AND MAINTENANCE PLAN
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.
OUTFALL
The point at which stormwater flows out from a point source discernible, confined and discrete conveyance into waters of the commonwealth.
OUTSTANDING RESOURCE WATERS (ORWS)
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.
OWNER
A person with a legal or equitable interest in property.
PERSON
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.
POINT SOURCE
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.
PRE-CONSTRUCTION
All activity in preparation for construction.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a stormwater management permit. See § 74-150.
STRIP
Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TSS
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:
(1) 
A completed application form with original signatures of all owners;
(2) 
A list of abutters, certified by the Assessor's office;
(3) 
Three copies of the stormwater management plan and project description as specified in § 74-150;
(4) 
Three copies of the erosion control plan as specified in § 74-151;
(5) 
Three copies of the operation and maintenance plan as required by § 74-152;
(6) 
Payment of any application and review fees.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
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;
(17) 
An erosion and sediment control plan as detailed in § 74-151;
(18) 
An operation and maintenance plan as detailed in § 74-152; and
(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:
[1] 
Suitable nonstructural practices for source control and pollution prevention are implemented;
[2] 
Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and
[3] 
Stormwater management BMPs are maintained as designed.
(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:
(1) 
Is allowed by federal, state and local statutes and/or regulations;
(2) 
Is in the public interest; and
(3) 
Is not inconsistent with the purpose and intent of this Division 6.
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.