Town of Randolph, MA Article III Stormwater Management and Land Disturbance

§ 195-13 Land disturbance and high pollutant potential uses.

A. Applicability. Article III of this ordinance shall apply to the following activities, which shall not be permitted without authorization from the Stormwater Authority pursuant to this ordinance or the regulations promulgated hereunder:

(1) All activities that result in disturbance of 5,000 square feet of land or more that drains to the municipal separate storm drainage system (MS4);

(2) All activities that result in a disturbance of land that drains to the MS4 if the land disturbance activities relate to a use or proposed use that is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards, regardless of the amount of land to be disturbed.

B. The following Stormwater Authority reviews shall be required based on the amount of land proposed to be disturbed as part of a single project:

(1) Administrative Land Disturbance Review by the Stormwater Authority or its designee is required for projects disturbing at least 5,000 square feet but less than 1/2 acre (21,780 square feet) of land.

(2) A Land Disturbance Permit from the Stormwater Authority or its designee is required for disturbance of 1/2 acre (21,780 square feet) or more of land or if the proposed use is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards, regardless of the amount of land to be disturbed.

C. The Stormwater Authority may include reasonable conditions on any permits or approvals that it issues, including the condition that an applicant comply with an erosion and sedimentation control plan or an operation and maintenance plan. Failure to obtain the required approvals before engaging in land disturbance or to comply with any permits or conditions that are issued by the Stormwater Authority or its designee shall constitute a violation of this ordinance.

D. Exemptions. The following activities may take place without the need for approval or a permit from the Stormwater Authority:

(1) Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling conducted in such a way as not to cause a nuisance;

(2) Construction of fencing that will not substantially alter existing terrain or drainage patterns;

(3) Construction of utilities other than drainage (gas, water, electric, communication, etc.) which will not alter terrain or drainage patterns or result in discharge of sediment to the MS4;

(4) Normal maintenance and improvement of land in agricultural or aquacultural use, as those terms are defined by the Wetlands Protection Act Regulation 310 CMR 10.04; or

(5) Disturbance of land or redevelopment that is subject to jurisdiction under the Massachusetts Wetlands Protection Act and that has received a valid order of conditions issued by the Randolph Conservation Commission, when sufficient time has passed to allow that order of conditions to become final and where the order of conditions includes a determination by the Conservation Commission that the proposed disturbance of land or redevelopment will be in compliance with the Massachusetts Stormwater Management Standards and the Stormwater Management standards contained in this ordinance and in any regulations promulgated hereunder.

§ 195-14 Permit procedure.

An applicant seeking an approval and/or permit pursuant to this ordinance or any of the regulations promulgated hereunder shall file an appropriate application with the Stormwater Authority. The application shall be in a form and contain information as specified in this ordinance and in regulations adopted by the Stormwater Authority. The application shall include a proposed erosion and sedimentation control plan and/or a proposed operation and maintenance plan, whenever those plans are applicable to the approval or permit sought, and compliance with said plans may be included as conditions on any permit or other approval issued under this ordinance or the regulations promulgated hereunder.

§ 195-15 Entry.

Filing an application for an approval or permit grants the Stormwater Authority and its employees or agents permission to enter the site that is the subject of the proposed approval or permit to verify the information in the application and to inspect for compliance with approval or permit conditions.

§ 195-16 Inspection and site supervision.

The Stormwater Authority or its designated agent shall make inspections periodically to verify and document compliance with any approval or land disturbance permit issued pursuant to this ordinance or the regulations promulgated hereunder.

§ 195-17 Surety.

The Stormwater Authority may require the applicant 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 the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit or other approval issued hereunder. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit or other approval.

§ 195-18 Final reports.

Upon completion of any approved/permitted land disturbance activity and any work related thereto, the applicant shall submit a report, including certified as-built construction plans, from a professional engineer (P.E.), surveyor, or certified professional in erosion and sedimentation control (CPESC), certifying that all conditions placed on the applicable approval or permit have been satisfied and that any erosion and sedimentation control plan, operation and maintenance plan or other condition or requirement, and approved changes and modifications thereto, have been completed. Any discrepancies or changes from the original approval shall be noted in the cover letter and, if substantial, will require approval from the Stormwater Authority.