The purpose of these Stormwater 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 non-point source pollution associated with new development and redevelopment, as more specifically addressed in the Stormwater Bylaw of the Town of Sturbridge.[1]
[Originally adopted 4-8-2008; amended 9-12-2017]
The definitions contained herein apply to issuance of a stormwater management permit (SMP) established by the Town of Sturbridge Stormwater Bylaw and implemented through these Stormwater Management Regulations. Terms not defined in this section shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning.
Any activity which will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. "Alter" may be similarly represented as "alteration of drainage characteristics" and "conducting land disturbance activities."
A property owner or agent of a property owner who has filed an application for a stormwater management permit.
Structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce increases in stormwater volumes and flows, reduce point source and non-point source pollution and promote stormwater quality and protection of the environment. "Structural" BMPs are devices that are engineered and constructed to provide temporary storage and treatment of stormwater runoff. "Nonstructural" BMPs use natural measures to reduce pollution levels, do not require extensive construction efforts and/or promote pollutant reduction by eliminating the pollutant source.
Site design approaches and techniques that can reduce a site's impact on the watershed through the use of nonstructural stormwater management practices. Better site design includes conserving and protecting natural areas and green space, reducing impervious cover and using natural features for stormwater management.
A document issued by the DPW Director/Town Engineer after all construction activities have been completed which states that all conditions of an issued stormwater management permit have been met and that a project has been completed in compliance with the conditions set forth in a SMP.
Any structure or device, including pipes, drains, culverts, basins, curb breaks, paved swales or man-made swales of all types designed or utilized to move or direct stormwater runoff or existing water flow.
Any action that causes a change in the position, location or arrangement of soil, sand, rock, gravel or similar earth material.
A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
A plan that shows the location and construction detail(s) of the erosion and sediment reduction controls to be utilized for a construction site.
Land uses or activities with higher potential pollutant loadings, such as auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high-intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances.
Any material or structure on or above the ground that prevents water from infiltrating through the underlying soil. Impervious surface is defined to include, without limitation: paved parking lots, sidewalks, roof tops, driveways, patios, and paved, gravel and compacted dirt surfaced roads.
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.
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 Town of Sturbridge.
Any construction activities or land alteration resulting in total earth disturbances equal to or greater than one acre (or activities that are part of a larger common plan of development disturbing greater than one acre) on an area that has not previously been developed to include impervious cover.
Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into water resource areas.
A plan that defines the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.
A person with a legal or equitable interest in a property.
Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof to the extent subject to Town bylaws, administrative agency, public or quasi-public corporation or body, the Town of Sturbridge and any other legal entity, its legal representatives, agents or assigns.
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.
The conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. "Post-development" refers to the phase of a new development or redevelopment project after completion, and does not refer to the construction phase of a project.
The conditions that exist at the time that plans for the land development of a tract of land are submitted to the DPW Director/Town Engineer. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission shall establish pre-development conditions.
The replenishment of underground water reserves.
Any construction, land alteration or improvement of impervious surfaces resulting in total earth disturbances equal to or greater than one acre (or activities that are part of a larger common plan of development disturbing greater than one acre) that does not meet the definition of "new development."
Any area protected under, including without limitation: the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act or Town of Sturbridge Wetlands Protection Bylaw.[1]
The area extent of construction activities, including but not limited to the creation of new impervious cover and improvement of existing impervious cover.
An order issued which requires that all construction activity on a site be stopped.
The Board of Selectman or duly authorized representatives that have the authority to administer, implement and enforce these Stormwater Regulations. The DPW Director/Town Engineer is responsible for coordinating the review, approval and permit process as defined in this bylaw. Other boards and/or departments may participate in the review process.
The use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes and/or peak flow discharge rates.
A permit issued by the DPW Director/Town Engineer after review of an application, plans, calculations and other supporting documents, which is designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated stormwater runoff.
Total suspended solids.
The storage needed to capture a specified average annual stormwater runoff volume. Numerically, (WQV) will vary as a function of drainage area or impervious area.
The DPW Director/Town Engineer shall administer, implement and enforce these regulations under the direction of the Board of Selectman. Town boards, including, but not limited to, the Conservation Commission, Planning Board, Zoning Board of Appeals, Department of Public Works, Building Department, Board of Health and others who issue permits and/or approvals for projects and/or activities under their specific jurisdiction shall review projects in accordance with these regulations as adopted and amended from time to time by the Board of Selectman. Projects or activities approved by the Planning Board and/or Conservation Commission shall be deemed in compliance with the intent and provisions of these Stormwater Regulations. Each board must forward written documentation of said approval and all conditions of approval to the DPW Director/Town Engineer within 20 business days of said approval (or the agreed to extended time). Upon receipt of written approval from the board(s), the DPW Director/Town Engineer shall issue a stormwater management permit to the applicant within 30 business days.
Note: The above provision is designed to allow existing Town boards, commissions and/or departments who have current jurisdiction over project approval activities to continue their current review procedures, but to add a provision that would authorize these entities to review and approve stormwater management facilities designed in accordance with this regulation.
A.
These Stormwater Regulations apply to all activities in accordance with the applicability section of the Town of Sturbridge Stormwater Bylaw and further described in this section. Projects and/or activities not specifically under the currently regulated jurisdiction of any of the Town of Sturbridge boards, commissions or departments but still within the jurisdiction of the Town of Sturbridge Stormwater Bylaw must obtain a stormwater management permit from the DPW Director/Town Engineer in accordance with the permit procedures and requirements defined in § 8.06 of these regulations. For projects and/or activities within the currently regulated jurisdiction of any of the Town of Sturbridge boards, commissions or departments, the specific application submission requirements, public notices and fee requirements of the applicable board, commission and/or department shall govern. Notwithstanding these requirements, the stormwater management plan contents, operation and maintenance plan contents and stormwater review fee under § 8.06 of these regulations must also be met.
B.
Exemptions. No person shall alter land within the Town of Sturbridge without having obtained a stormwater management permit (SMP) for the property, with the following exceptions:
(1)
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulations, 310 CMR 10.04, and MGL c. 40A, § 3;
(2)
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling where no greater than 100 cubic yards of land disturbance is involved;
(3)
Repair or replacement of an existing roof of a single-family dwelling;
(4)
The construction of any fence that will not alter existing terrain or drainage patterns;
(5)
Construction of utilities (gas, water, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover or drainage patterns;
(6)
Emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the Department of Public Works/Town Engineer;
(7)
Any work or projects for which all necessary approvals and permits have been issued before the effective date of this bylaw.
Projects requiring a stormwater management permit shall be required to submit the materials as specified in this section, and are required at a minimum to meet stormwater management guidelines of all federal, state and/or local regulations.
A.
Permit required.
(1)
No landowner or land operator shall receive any of the building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this bylaw prior to commencing the proposed activity.
(2)
Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following permit issuance, the DPW Director/Town Engineer may evaluate the existing stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the authority finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the commencement of land-disturbing activities.
B.
Filing application. The applicant shall file with the DPW Director/Town Engineer 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 stormwater management permit application form with original signatures of all owners.
(2)
Stormwater management plan and project description.
(3)
Operation and maintenance plan.
(4)
Payment of the application and review fees.
(5)
Inspection and maintenance agreement.
(6)
Erosion and sediment control plan.
(7)
Surety bond.
Filing an application for a permit grants the duly authorized agent permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit.
The stormwater authority shall obtain with each submission an application fee established by the DPW Director/Town Engineer to cover expenses connected with the review of the stormwater management permit and a technical review fee sufficient to cover professional review services or the project. The DPW Director/Town Engineer is authorized to retain a registered professional engineer or other professional consultant to advise the DPW Director/Town Engineer on any or all aspects of these plans. Applicants must pay review fees before the review process may begin.
A.
Rules.
(1)
Application fees are payable at the time of application and are nonrefundable.
(2)
Application fees shall be calculated by the DPW Director/Town Engineer in accordance with the fee schedule below.
(3)
These fees are in addition to any other local or state fees that may be charged under any other law or bylaw.
(4)
The fee schedule may be reduced or increased by the DPW Director/Town Engineer. Any such change shall be made at a posted public hearing of the Board of Selectmen not less than 30 days prior to the date upon which the change is to be effective.
B.
Stormwater management plan review fee schedule. Contact Planning Department for fee calculations.
C.
Engineering and consultant reviews and fees.
(1)
The DPW Director/Town Engineer is authorized to require an applicant to pay a fee for the reasonable costs and expenses for specific expert engineering and other consultant services deemed necessary by the DPW Director/Town Engineer to come to a final decision on the application. This fee is called the "engineering and consultant review fee."
(2)
Payment may be required at any point in the deliberations prior to a final decision.
(3)
Any application filed with the DPW Director/Town Engineer must be accompanied by a completed engineering consultant fee acknowledgement form.
(4)
Consultant fees shall be determined at the time of project review based on a specific scope of work, and shall be calculated at a rate as the stormwater authority may determine.
(5)
The services for which a fee may be utilized include, but are not limited to, wetland survey and delineation, hydrologic and drainage analysis, wildlife evaluation, stormwater quality analysis, site inspections, as-built plan review and analysis of legal issues.
(6)
The DPW Director/Town Engineer is authorized to require an applicant to pay reasonable costs and expenses for certain activities which utilize the services of Town staff. This includes such activities as inquiries concerning potential projects as well as site inspections not associated with a pending permit application.
(7)
The DPW Director/Town Engineer may require any applicant to pay an additional fee of $30 per hour for review, inspection and monitoring services for any project filing that requires in excess of two hours of review, inspection and monitoring time by a Town staff member.
(8)
Subject to applicable law, any unused portion of any fees collected shall be returned by the DPW Director/Town Engineer to the applicant within 60 calendar days of a written request by the applicant, unless the DPW Director/Town Engineer decides in a public meeting that other action is necessary.
(9)
The engineering and consultant review fees collected under this section shall be deposited in a revolving account. The DPW Director/Town Engineer shall include a full accounting of the revolving account as part of its annual report to the Town.
A.
The DPW Director/Town Engineer's action, rendered in writing, shall consist of either:
(1)
Approval of the stormwater management permit application based upon a determination that the proposed plan meets the standards in § 8.06 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw.
(2)
Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the DPW Director/Town Engineer which will ensure that the project meets the standards in § 8.06 and adequately protects water resources, set forth in the Stormwater Bylaw.
(3)
Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in § 8.06 or adequately protect water resources, as set forth in this bylaw.
(4)
The DPW Director/Town Engineer may disapprove an application "without prejudice" where an applicant fails to provide requested additional information that in the DPW Director's/Town Engineer's opinion is needed to adequately describe the proposed project. Information shall generally be limited to those items listed in § 8.06 of these regulations.
B.
For projects not requiring permits from other Town boards, including but not limited to the Conservation Commission, Planning Board, Zoning Board of Appeals, etc., failure of the DPW Director/Town Engineer to take final action upon an application within 65 calendar days of receipt of a complete application shall be deemed to be approval of said application. Upon certification by the Town Clerk that the allowed time has passed without DPW Director/Town Engineer action, the DPW Director/Town Engineer must issue a stormwater management permit.
The permittee must notify the DPW Director/Town Engineer 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 DPW Director/Town Engineer determines that the change or alteration is significant, based on the stormwater management standards in § 8.06 and accepted construction practices, the DPW Director/Town Engineer may require that an amended application be filed.
A decision of the DPW Director/Town Engineer shall be final. Further relief of a decision by the DPW Director/Town Engineer made under these regulations shall be reviewable in the Superior Court in an action filed within 20 calendar days thereof, in accordance with MGL c. 249, § 4. An appeal of an action by a board, commission or department that has current regulatory authority for a project and/or activity shall be conducted under the applicable appeal provisions of said board, commission and/or department of the Town of Sturbridge. Such an appeal shall result in revocation of the written approval as described under § 8.04 of these regulations, until such time as the appeal process of the applicable board, commission and/or department has been resolved.
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 as required in § 8.06. The as-built drawings must depict all on-site controls, both structural and nonstructural, designed to manage the stormwater associated with the completed site (post-construction stormwater management). 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 include the submittal of a stormwater management plan to the DPW Director/Town Engineer. This stormwater management plan shall contain sufficient information for the DPW Director/Town Engineer to evaluate the environmental impact, effectiveness and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater runoff. This plan shall be in accordance with the criteria established in these regulations and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the Commonwealth of Massachusetts.
B.
The stormwater management plan shall fully describe the project in drawings, narrative and calculations. It shall include:
(1)
Contact information. The name, address and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected.
(2)
A locus map (preferably copy of Assessor's Map).
(3)
The existing zoning, and land use at the site.
(4)
The proposed land use.
(5)
The location(s) of all existing and proposed easements.
(6)
The location of existing and proposed utilities.
(7)
The site's existing and proposed topography with contours at two-foot intervals.
(8)
The existing site hydrology.
(9)
A description and delineation of existing stormwater conveyances, impoundments and wetlands (subject to protection under the state and local wetland regulations) on or adjacent to the site or into which stormwater flows.
(10)
A delineation of 100-year floodplains, if applicable.
(11)
Field-verified seasonal high groundwater elevation in areas to be used for stormwater retention, detention or infiltration (information to be shown on a plan and verified by a professional).
(12)
The existing and proposed vegetation and ground surfaces with runoff coefficients for each.
(13)
A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths, including municipal drainage system flows.
(14)
A description and drawings of all components of the proposed stormwater management 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 expected hydrology with supporting calculations.
(f)
Proposed improvements, including location of buildings or other structures, impervious surfaces and drainage facilities, if applicable.
(g)
Any other information requested by the DPW Director/Town Engineer.
(15)
Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in this regulation. Such calculations shall include:
(a)
Description of the design storm frequency, intensity and duration.
(b)
Time of concentration.
(c)
Soil runoff curve number (RCN) based on land use and soil hydrologic group.
(d)
Peak runoff rates and total runoff volumes for each watershed area.
(e)
Information on construction measures used to maintain the infiltration capacity of the soil where any kind of infiltration is proposed.
(f)
Infiltration rates, where applicable.
(g)
Culvert capacities.
(h)
Flow velocities.
(i)
Data on the increase in rate and volume of runoff for the specified design storms.
(j)
Documentation of sources for all computation methods and field test results.
(16)
Post-development analysis is required to document that post-development flow conditions do not exceed pre-development flow conditions.
(17)
Soils information from test pits performed at the location of proposed stormwater management facilities, including but not limited to soil descriptions, depth to seasonal high groundwater, depth to bedrock and percolation rates. Soils information will be based on site test pits logged by a Massachusetts registered soil evaluator or a Massachusetts registered professional engineer.
(18)
Landscaping plan describing the woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater practice.
C.
Operation and maintenance plan contents. 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 bylaw 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 operation and maintenance plan shall remain on file with the DPW Director/Town Engineer and shall be an ongoing requirement. Additionally, the O&M plan shall be recorded at the Worcester County Registry of Deeds. Proof of recording shall be submitted to the DPW Director/Town Engineer (condition of the stormwater permit). The O&M plan shall include at a minimum:
(1)
The name(s) of the owner(s) for all components of the system.
(2)
A map showing the location of the systems and facilities, including catch basins, manholes/access lids, main and stormwater devices.
(3)
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)
An inspection and maintenance schedule for all stormwater management facilities, including routine and non-routine maintenance tasks to be performed.
(d)
A list of easements with the purpose and location of each.
(e)
The signature(s) of the owner(s).
(4)
Stormwater management easement(s).
(a)
Stormwater management easements shall be provided by the property owner(s) as necessary for:
(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 DPW Director/Town Engineer.
(d)
Easements shall be recorded with the Worcester County Registry of Deeds prior to issuance of a certificate of completion by the DPW Director/Town Engineer.
D.
Changes to operation and maintenance plans.
(1)
The owner(s) of the stormwater management system must notify the DPW Director/Town Engineer of changes in ownership or assignment of financial responsibility, and must transfer operation and maintenance plan responsibilities to subsequent owners.
(2)
The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this regulation by mutual agreement of the DPW Director/Town Engineer 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.
B.
Site planning process.
(1)
Low-impact development (LID) site planning and design strategies must be used to the maximum extent feasible, and the design of treatment and infiltration practices should follow the guidance in Volume 2 of the Massachusetts Stormwater Handbook. (See the DEP Stormwater Handbook Volume 2 Chapter 1, for a discussion of nonstructural approaches to stormwater management.)
(2)
The site planning process shall be documented and shall include the following steps:
C.
Stormwater credits. The use of better site design and nonstructural stormwater management measures is encouraged to minimize reliance on structural stormwater management measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required and the stream channel protection volume required. The applicant may, if approved by the stormwater authority, take credit for the use of stormwater better site design practices to reduce some of the requirements specified in the criteria section of these regulations. The site design practices that qualify for these credits and procedures for applying and calculating the credits are identified in Appendix A, which follows at the end of these regulations.[1]
D.
Stormwater management in new development and redevelopment (post-construction stormwater management). Objective: The objective of this control measure is to reduce the discharge of pollutants found in stormwater through the retention or treatment of stormwater after construction on new or redeveloped sites. This regulation is designed to address post-construction stormwater runoff from all new development and redevelopment sites that disturb one or more acres. This includes sites less than one acre if the site is part of a larger common plan of development or redevelopment which disturbs one or more acres.
(1)
Stormwater management systems on new development sites shall be designed to:
(a)
Not allow new stormwater conveyances to discharge untreated stormwater in accordance with Massachusetts Stormwater Handbook Standard 1;
(b)
Control peak runoff rates in accordance with Massachusetts Stormwater Handbook Standard 2;
(c)
Recharge groundwater in accordance with Massachusetts Stormwater Handbook Standard 3;
(d)
Eliminate or reduce the discharge of pollutants from land uses with higher pollutant loads as defined in the Massachusetts Stormwater Handbook in accordance with Massachusetts Stormwater Handbook Standard 5;
(e)
Protect Zone II or Interim Wellhead Protection Areas of public water supplies in accordance with Massachusetts Stormwater Handbook Standard 6;
(f)
Implement long-term maintenance practices in accordance with Massachusetts Stormwater Handbook Standard 9; and
(g)
Require that all stormwater management systems be designed to:
[1]
Retain the volume of runoff equivalent to, or greater than, one inch multiplied by the total post-construction impervious surface area on the site; and/or
[2]
Remove 80% of the average annual load of total suspended solids (TSS) generated from the total post-construction impervious area on the site and 60% of the average annual load of total phosphorus (TP) generated from the total post-construction impervious surface area on the site. Pollutant removal shall be calculated consistent with EPA Region 1's BMP Performance Extrapolation Tool or other BMP performance evaluation tool provided by EPA Region 1, where available. If EPA Region 1 tools do not address the planned or installed BMP performance, any federally or state-approved BMP design guidance or performance standards (e.g., state stormwater handbooks and design guidance manuals) may be used to calculate BMP performance.
(2)
Redevelopment requirements.
(a)
Stormwater management systems on redevelopment sites shall meet the following Massachusetts Stormwater Standards to the maximum extent feasible:
(b)
Stormwater management systems on redevelopment sites shall also improve existing conditions by requiring that stormwater management systems be designed to:
[1]
Retain the volume of runoff equivalent to, or greater than, 0.80 inch multiplied by the total post-construction impervious surface area on the site and/or remove 80% of the average annual post-construction load of total suspended solids (TSS) generated from the total post-construction impervious area on the site and 50% of the average annual load of total phosphorus (TP) generated from the total post-construction impervious surface area on the site.
[2]
Pollutant removal shall be calculated consistent with EPA Region 1's BMP Performance Extrapolation Tool or other BMP performance evaluation tool provided by EPA Region 1 where available. If EPA Region 1 tools do not address the planned or installed BMP performance, any federally or state-approved BMP design guidance or performance standards (e.g., Massachusetts stormwater handbooks and design guidance manuals) may be used to calculate BMP performance.
[3]
Stormwater management systems on redevelopment sites may utilize off-site mitigation within the same USGS HUC10 as the redevelopment site to meet the equivalent retention or pollutant removal requirements.
(c)
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems and repaving projects) shall improve existing conditions where feasible and are exempt. Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the redevelopment requirements fully.
A.
The DPW Director/Town Engineer may waive strict compliance with any requirement of the Town of Sturbridge Stormwater Management Regulations 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 the regulation does not further the purposes or objectives of this regulation.
C.
All waiver requests shall be acted on within 45 calendar days, and written finding will be provided by the DPW Director/Town Engineer.
D.
If, in the DPW Director's/Town Engineer's opinion, additional time or information is required for review of a waiver request, the DPW Director/Town Engineer may request an extension of the review period. In the event the applicant objects to an extension, or fails to provide requested information, the waiver request may be denied "without prejudice" by the DPW Director/Town Engineer.
The DPW Director/Town Engineer 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 Town Counsel, and be in an amount deemed sufficient by the DPW Director/Town Engineer to ensure that the work will be completed in accordance with the permit. If the project is phased, the DPW Director/Town Engineer 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 DPW Director/Town Engineer has received the final inspection report as required by § 8.17 of these regulations and issued a certificate of completion.
A.
Notice of construction commencement. The applicant must notify the DPW Director/Town Engineer in advance before the commencement of construction. In addition, the applicant must notify the DPW Director/Town Engineer in advance of construction of critical components of the stormwater facility.
At the discretion of the DPW Director/Town Engineer, periodic inspections of the stormwater management system construction shall be conducted by the DPW Director or a professional engineer or their designee who has been approved by the DPW Director/Town Engineer.
B.
Final inspection.
After the stormwater management system has been constructed and before the surety has been released, all applicants are required to submit actual "as built" plans for any stormwater management facilities or practices after final construction is completed and must be certified by a professional engineer.
The DPW Director/Town Engineer 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 the DPW Director/Town Engineer, which will issue a certificate of completion. As-built plans shall be full-size plans which reflect the "as built" conditions, including all final grades, developed by a professional engineer. All changes to project design should be recorded in red ink on plans to define changes made. All work deleted, corrections in elevations and changes in materials should be shown on the as-built drawings.
C.
Inadequacy of system. 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 applicant before the certificate of completion is released. If the applicant fails to act, the DPW Director/Town Engineer may use the surety bond to complete the work.
If the DPW Director/Town Engineer determines that there is a failure to comply with the plan, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. A stop-work order shall be issued until any violations are corrected and all work previously completed has received approval by the DPW Director/Town Engineer.
A.
Upon completion, the applicant is responsible for certifying (by a professional engineer) that the completed project is in accordance with the approved plans and specifications and shall provide regular inspections sufficient to adequately document compliance.
B.
The DPW Director/Town Engineer will issue a certification of completion in the form of a letter indicating the following:
A.
Maintenance responsibility.
(1)
Stormwater management facilities and practices included in a stormwater management plan with an inspection and maintenance agreement in accordance with § 8.06 of these regulations must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this regulation.
(2)
The owner of the property on which work has been done pursuant to this regulation for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.
(3)
All stormwater management facilities must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of this bylaw and accomplishment of its purposes as specified in the operation and maintenance plan and maintenance agreement described under § 8.06 of these regulations.
(4)
At a minimum, inspections shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement as specified under § 8.06 of these regulations between the owner and the DPW Director/Town Engineer shall be executed for privately owned stormwater management systems that specifies the responsible party for conducting long-term inspections.
(5)
Inspection reports shall be submitted to and maintained by the DPW Director/Town Engineer for all stormwater management systems. The DPW Director/Town Engineer reserves the right to require specific information in the inspection reports.
B.
(Reserved)
C.
Right-of-entry for inspection. The terms of the inspection and maintenance agreement as specified in these regulations shall provide for the DPW Director/Town Engineer or its designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. The DPW Director/Town Engineer, its agents, officers and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this regulation and may make or cause to be made such examinations, surveys or sampling as the DPW Director/Town Engineer deems necessary, subject to the Constitutions and laws of the United States and the commonwealth.
The DPW Director/Town Engineer or an authorized agent of the DPW Director/Town Engineer shall enforce this bylaw, regulations, orders, violation notices and enforcement orders, and may pursue all civil, criminal and noncriminal remedies for such violations.
A.
Notices and orders.
(1)
The DPW Director/Town Engineer or an authorized agent of the DPW Director/Town Engineer may issue a written notice of violation or enforcement order to enforce the provisions of this bylaw or the regulations thereunder, which may include requirements to:
(a)
Cease and desist from construction or land-disturbing activity until there is compliance with the bylaw 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)
Fix 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 may set forth a deadline by which such abatement or remediation must be completed. Said order may further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Sturbridge may, at its option, undertake such work, and the property owner shall reimburse the Town of Sturbridge for expenses incurred.
(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 Town of Sturbridge, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the DPW Director/Town Engineer 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 DPW Director/Town Engineer 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.
(4)
Any person, who violates any provision of the Town of Sturbridge Stormwater Management Regulations order or permit issued thereunder, may be ordered to correct the violation and/or shall be punished by a fine of not more than $50. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
B.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Sturbridge may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and Chapter 1, Article I, of the General Bylaws of the Town of Sturbridge, in which case DPW Director/Town Engineer of the Town of Sturbridge shall be the enforcing agent. The penalty for the first violation shall be $50. The penalty for the second violation and subsequent violations shall be $100. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
C.
Appeals. The decisions or orders of the DPW Director/Town Engineer shall be final. Further relief shall be to a court of competent jurisdiction.
D.
Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.
The invalidity of any section, provision, paragraph, sentence or clause of these regulations shall not invalidate any section, provision, paragraph, sentence or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.