Pursuant to § 219-4 of this chapter, all construction, development and redevelopment activities involving land disturbance of one acre or more and that discharge stormwater runoff to the City MS4, unless exempt pursuant to § 219-7 of this chapter, require a stormwater management permit (SMP). Regulated activities requiring issuance of a SMP include but are not limited to:
A.
All new development and redevelopment projects.
B.
Land disturbance of one acre or more, associated with development
or redevelopment of structures.
C.
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development that all together
disturbs one acre or more of land.
D.
Any other activity altering the surface of an area of one acre or
more that will, or may, result in increased stormwater runoff flowing
from the property into a public or private roadway, the MS4, or an
adjacent or abutting parcel of land.
The following activities are exempt from the requirements of Article III of this chapter:
A.
Normal maintenance and improvement of existing roadways, including
reconstruction within the existing roadway footprint, adding shoulders,
correcting substandard intersections, improving existing drainage
systems, and repaving.
B.
Remedial projects performed by the City or the Commonwealth of Massachusetts
specifically designed to provide improved stormwater management, such
as projects to separate storm drains and sanitary sewers and stormwater
retrofit projects.
C.
Normal maintenance and improvement of land in agricultural use, as
defined by the Wetlands Protection Act (MGL c. 131, § 40).
D.
Construction, repair, and maintenance of utility lines other than
drainage (e.g., gas, water, sanitary sewerage, electric, telephone,
etc.) that will not permanently alter terrain or drainage patterns.
E.
Emergency repairs to any stormwater management facility or practice
that poses a threat to public health, safety, or the environment or
as deemed necessary by the Director.
F.
Projects that receive a waiver from EPA under the provisions of 40
CFR 122.26(b)(15)(i).
G.
Work or projects for which all other necessary approvals and permits
have been issued before the effective date of this chapter.
H.
Stormwater discharges resulting from the activities identified in § 219-6 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Standards as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with Chapter 219.
A.
Permit required. Projects that exceed the thresholds in Article III of this chapter shall require a stormwater management permit. Permit issuance is required prior to any land disturbance activity.
B.
Filing application. Applications for an SMP shall include the materials
as specified in this section. The applicant shall file with the Director
three paper copies and one electronic copy of a completed application
package for an SMP. The Director may request additional copies. While
the applicant can be a representative, the permittee must be the owner
of the site. The SMP application package shall include:
C.
Entry. Filing an application for a permit grants the Director permission
to enter the site throughout the term of the SMP to verify the information
in the application and to inspect for compliance with the SMP.
D.
Actions. The Director's action, rendered in writing, shall consist
of either:
(1)
Approval of the SMP application based upon determination that the project meets the requirements set forth in this chapter and any rules and regulations promulgated under § 219-3B of this chapter;
E.
Deadline for action. Failure of the Director to take final action
upon an application within 90 days of receipt of a complete application
for a SMP shall be deemed to be approval of said application, unless
extension of said deadline date is mutually agreed upon, in writing,
by the Director and the applicant.
F.
Project completion. At completion of the project, the permittee shall
request a certificate of completion from the Director. The request
shall include a report of all stormwater controls and treatment BMPs
and as-built drawings. The as-built drawings shall show all deviations
from the approved plans, if any, and be certified by a Massachusetts
registered professional engineer or a Massachusetts registered land
surveyor. The report shall certify that all stormwater management
systems and approved changes and modifications have been completed
in accordance with the conditions of the approved SMP. The Director
will issue a letter certifying completion upon review and approval
of the final report and/or upon otherwise determining that all work,
except for operation and maintenance activities, has been satisfactorily
completed in conformance with this chapter and the SMP.
G.
Plan changes. The permittee must notify the Director, in writing,
of any drainage change or alteration in the system authorized in a
SMP before any change or alteration is made. If the Director determines
that the change or alteration is significant, based on accepted construction
practices, the Director may require that an amended application be
filed.
H.
Appeals of actions of the Director. A decision of the Director shall
be final. Further relief of a decision by the Director shall be reviewable
in the Superior Court in an action filed within 60 days thereof, in
accordance with MGL c. 249, § 4.
I.
Project delay. Should a land disturbance activity associated with
an approved SMP in accordance with this section not begin within 12
months following permit issuance, the Director may evaluate the existing
SMP to determine whether the project still satisfies applicable requirements
and to verify that all design factors are still valid. If the Director
finds the approved SMP to be inadequate, a modified application shall
be submitted and approved prior to the commencement of land disturbance
activities. If the project associated with an approved SMP granted
under this chapter has not been substantially completed within three
years of permit issuance, a new permit or a permit extension will
be required from the Director.
J.
Recording.
(1)
No work allowed in any permit application shall be undertaken until
the permit issued by the Director with respect to such work has been
recorded in the Essex South District Registry of Deeds or, if the
land affected is registered land, in the registry section of the land
court for the district wherein the land lies, and until the holder
of the permit certifies, in writing, to the Director that the permit
has been recorded.
(2)
The permittee shall record the operation and maintenance plan and
the certificate of completion in the Essex South District Registry
of Deeds or, if the land affected is registered land, in the registry
section of the land court for the district wherein the land lies.
Stormwater management design criteria and performance standards
shall be the same as those in the Massachusetts Storm Water Management
Standards.
A.
The Director may waive strict compliance with any requirement of
this chapter, or the rules and regulations promulgated hereunder,
where:
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 chapter does not further the purposes of this chapter.
