A.
Prior to any construction activity, reconstruction or land disturbance,
the responsible party shall submit a stormwater and land disturbance
management permit application to the Department of Public Works for
any tract(s) of land that results in a total disturbance equal to
or greater than the amounts described within the stormwater and land
disturbance management regulations.
B.
Any person that fails to follow the requirements of a stormwater
and land disturbance management permit and the related erosion and
sedimentation control plan, including the operations and maintenance
plan, issued under the stormwater and land disturbance management
regulations, shall be in violation of the Town of Bedford's Bylaws.
The applicant shall seek approval and/or a permit prior to beginning
the commencement of land-disturbing or redevelopment activity based
on thresholds described in the stormwater and land disturbance management
regulations.
Filing an application for an approval or permit grants the Department
of Public Works and its employees or agents permission to enter the
site to verify the information in the application and to inspect for
compliance with approval or permit conditions.
The Department of Public Works or its designated agent shall
make inspections as outlined in the regulations to verify and document
compliance with the stormwater and land disturbance management permit.
This allows the Department of Public Works the authority to
implement the permit in accordance with the most recent general permit
for MS4s in New Hampshire. Regulations can be more stringent but must
be at least as stringent as the MS4s.
The Bedford DPW may require the applicant to post a surety bond,
irrevocable letter of credit, cash or other acceptable security prior
to construction activity. The form of the bond and the bond amount
shall be approved by the Bedford DPW to ensure all of the work will
be completed in accordance with the plans. Phasing may occur and the
bonds may be released accordingly as the project comes into compliance
with the permit.
[Amended 1-11-2023 by Ord. No. 2022-04]
Within one year of completion of the work, the applicant shall
submit a hard copy and electronic report (including certified as-built
construction plans) from a professional engineer (PE), surveyor or
certified professional in erosion and sedimentation control (CPESC),
certifying that all erosion and sedimentation control devices and
approved changes and modifications have been completed in accordance
with the conditions of the approved erosion and sediment control plan,
operations and maintenance plan and stormwater and land disturbance
management plan. Any discrepancies shall be noted in the cover letter.
[Amended 1-11-2023 by Ord. No. 2022-04]
When a developer has completed and requests the Town to accept,
per their approved site/subdivision plan, a drainage system, stormwater
management system and/or a stormwater BMP for a subdivision of three
or more housing units, the Town, in its sole discretion and pursuant
to the procedures of RSA 41:14-a, shall have the option to accept
it. When the Town accepts the drainage system, the developer shall
submit a contribution equal to $1,000 for each drainage/stormwater
management system (infiltration basin, detention basin, retention
basin or underground treatment/storage BMP) and $2,500 per acre of
the contributing drainage area to the stormwater management revolving
fund to compensate the Town for ongoing maintenance. The minimum contribution
for any project shall be $5,000.
The purpose of this section is to enact locally, administrative
and enforcement procedures set forth in RSA Title LXIV, specifically
RSA 676:15, 17, 17-a and 17-b, and to authorize penalties and remedies
for enforcement of the provisions of these standards. Any violation
of these standards shall be subject to enforcement by the Bedford
Town Council or its designated agent.
Nothing contained herein, or any stormwater land disturbance
management permit granted pursuant hereto, shall be construed to exempt
any responsible party from complying with all applicable state or
federal laws/regulations. In the event of conflicting requirements,
the stricter standard shall apply.
A waiver of these standards, in whole or in part, may be granted
when the strict application of these standards would impose unnecessary
hardship because of the unique characteristics of the land, including,
but not limited to, the size, character, location, nature of use,
or other unspecified conditions of the project area and no fair and
substantial relationship exists between the general public purposes
of the ordinance provision and the specific application of that provision
to the property. Waivers shall only be granted with approval of both
the Planning Department and the Department of Public Works.
All construction contemplated by the stormwater and land disturbance
management plan and the SWPPP shall be completed within a period of
four years from the date of approval.
