The purpose of these Stormwater Management Regulations is to
protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures
to control the adverse effects of increased post-development stormwater
runoff, decreased groundwater recharge, and nonpoint source pollution
associated with new development, as more specifically addressed in
the Stormwater Management Bylaw of the Town of Lancaster.
The definitions of terms in §
170-3 of the Stormwater Management Bylaw shall apply to terms used in these regulations.
The Lancaster Planning Board, as the Stormwater Authority ("Authority"),
shall administer, implement and enforce these regulations.
These stormwater regulations apply to all activities in accordance with §
170-5, Jurisdiction, of the Town of Lancaster Stormwater Management Bylaw.
The stormwater management plan contents shall be as follows:
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;
D. Drainage area map showing drainage area and stormwater flow paths;
E. A maintenance schedule for all drainage structures, including swales
and ponds;
F. A list of all existing and proposed easements with the purpose and
location of each;
G. Location of existing and proposed utilities;
H. Location of all existing and proposed stormwater utilities, including
structures, pipes, swales and detention basins;
I. Topographic survey showing existing and proposed contours;
J. Soils investigation, including borings or test pits, for areas where
construction of infiltration practices will occur;
K. Description of all watercourses, impoundment, and wetlands on or
adjacent to the site or into which stormwater flows;
L. Delineation of one-hundred-year floodplains, if applicable;
M. Groundwater levels at the time of probable high groundwater elevation
(October to May) in areas to be used for stormwater retention, detention
or infiltration;
N. Existing and proposed locations, cross sections and profiles of all
brooks, streams, drainage swells and the method of stabilization;
O. Proposed improvements, including location of buildings or other structures,
impervious surfaces and storm drainage facilities, if applicable;
P. Structural detail for all components of the proposed drainage systems
and stormwater management facilities;
Q. An erosion and sediment control plan, as described in §
305-8 of these regulations;
R. Timing schedules and sequences of development, including clearing,
stripping, rough grading, construction, final grading and vegetative
stabilization;
S. An operation and maintenance plan, as described in §
305-9 of these regulations;
T. Notes on drawings specifying materials to be used, construction specifications
and typicals; and
U. Location of areas to be cleared of more than 30% of the vegetation.
An erosion and sediment control plan shall be submitted as part
of the application for a stormwater management permit. The 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 A below.
A. Design requirements. 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.
B. Erosion and sediment control plan contents. 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 of 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 approximately 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 sequencing/phasing of the project,
including both operation and maintenance for structural and nonstructural
measures, interim grading, and materials 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 plans 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 Planning Board.
An operation and maintenance plan (OMP) is required at the time
of application for all projects. The OMP shall be designed to ensure
compliance with the permit, the bylaw and the Massachusetts Surface
Water Quality Standards, 314 CMR 4.00, and that they are met in all
seasons and throughout the life of the system. The Planning Board
shall make the final decision of what maintenance option is appropriate
in a given situation. The Planning Board 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 OMP shall remain on file with the Planning Board
and shall be an ongoing requirement. The OMP shall include:
A. Operation and maintenance plan contents.
(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).
B. Changes to operation and maintenance plans.
(1) The owner(s) of the stormwater management system must notify the
Planning Board of changes in ownership or assignment of financial
responsibility.
(2) The maintenance schedule in the maintenance agreement may be amended
to achieve the purposes of this bylaw by mutual agreement of the Planning
Board and the responsible parties. Amendments must be in writing and
signed by all responsible parties. Responsible parties shall include
owner(s), persons with financial responsibility, and persons with
operational responsibility.
A stormwater management permit shall be valid for three years
from the date the permit is issued (except that compliance with the
operation and maintenance plan shall be a continuing and ongoing requirement).
The Authority may grant extensions for additional time upon written
request for renewal no later than 30 days prior to expiration of the
permit.
Upon the completion of the activities allowed under a stormwater
management permit (not including the continuing and ongoing requirement
of compliance with the operation and maintenance plan), the applicant
shall notify the Authority and request a final inspection and certificate
of completion. The applicant shall submit an as-built plan prepared
by a professional land surveyor along with certification from a registered
professional engineer that all construction has been done in accordance
with the approved SMP. The Authority may hire its own consultant to
advise on completion, at a cost to be received from the applicant
before issuance of the certificate of completion.
If any provision, paragraph, sentence, or clause of these regulations
is held invalid for any reason by a court of competent jurisdiction,
all other provisions shall continue in full force and effect.
These regulations shall take effect upon approval of the Lancaster
Planning Board.