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.
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.
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.
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.
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.
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.