[Ord. O-2016-7, passed 2-23-2016]
(A)
Purpose.
(1)
The purpose of this chapter is to control stormwater runoff into the City of Watertown's Municipal Separate Storm Sewer System (MS4) and local water bodies to minimize stormwater runoff and prevent pollution. Specifically, the objectives are:
(a)
To protect, maintain, and enhance the public safety, environment, health, and general welfare by establishing minimum requirements and procedures to reduce the adverse impacts of soil erosion and sedimentation and manage stormwater runoff;
(b)
To control and prevent soil erosion and sedimentation resulting from construction site stormwater runoff;
(c)
To promote infiltration and the recharge of groundwater in order to minimize flooding;
(d)
To prevent pollutants from entering the City's MS4 and to minimize discharge of pollutants from the MS4;
(e)
To ensure that stormwater management techniques, including best management practices, are incorporated into the land disturbance, development, and redevelopment planning and design process in order to control soil erosion and sedimentation and stormwater runoff;
(f)
To ensure that the adequate long-term operation and maintenance of best management practices (BMPs) is incorporated into the land disturbance, development, and redevelopment process and implemented in the future so that they work as designed; and
(g)
To comply with state and Federal statutes and regulations relating to stormwater runoff discharges.
(2)
This chapter establishes the City's legal authority to ensure compliance with the provisions of this chapter through permitting, inspection, maintenance, and enforcement.
(B)
Applicability. A stormwater management and erosion control permit shall be required prior to undertaking any alteration or land disturbance activity that:
(1)
Will result in land disturbances of 5,000 square feet of total area or more, or smaller activities that are part of a larger common development plan that will disturb 5,000 square feet or more;
(2)
Will cause a net increase in site impervious surface area by more than 500 square feet;
(3)
Proposes to create or modify a direct connection to the MS4; or
(4)
In the opinion of the Department of Public Works, may result in an adverse impact on the MS4 or water resources of the City of Watertown.
(C)
Exemptions. The following activities are exempt from the requirements of this chapter, provided that such work must utilize the best practical measures to avoid any negative impacts on stormwater quality or runoff rate or volume:
(1)
Repairs to any stormwater treatment practice that are deemed necessary by the Department of Public Works.
(2)
Normal maintenance and improvement of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture, or the use, expansion, or reconstruction of existing structures for the primary purpose of agriculture, horticulture, floriculture, or viticulture, to the extent protected under the Zoning Act, Mass. Gen. Law Ch. 40A, § 3.
(3)
Normal maintenance of landscaping, gardens, or lawn areas.
(4)
Reclamation and replacement of lawfully located, existing pavement at single-family or two-family residences, as well as reclamation and replacement of lawfully located, existing pavement at any parking lot containing fewer than 10 spaces.
(5)
Overlaying of existing pavement, with no increase in impervious area.
(6)
Construction of a fence or wall that does not alter the existing terrain or drainage patterns.
(7)
Emergency activities necessary for the protection of the health and safety of the public, provided that:
(a)
The work is to be performed by or has been ordered by an agency of the Commonwealth of Massachusetts or a political subdivision thereof;
(b)
Advance notice, oral or written, has been given to the Department of Public Works prior to commencement of work or within 24 hours after commencement;
(c)
The Department of Public Works or its duly authorized designee certifies the work as an emergency activity; and
(d)
The work is performed only for the time and place certified by the Department of Public Works for the limited purposes necessary to abate the emergency.
(8)
Maintenance, repair or replacement of an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph or other telecommunication services, provided that:
(9)
Maintenance, repair or replacement of existing drainage infrastructure, provided that:
(a)
There is no alteration of the existing terrain or drainage patterns;
(b)
There is no increase in the size or capacity of the pipe;
(c)
There is no change in the drainage area contributing to the pipe; and
(d)
Best practical measures are utilized to avoid any negative impacts on stormwater quality or runoff rate or volume.
(10)
Operation and maintenance of stormwater best management practices, in accordance with an approved operations and maintenance plan.
(11)
Normal maintenance of City-owned public land, right-of-ways, public utilities, and appurtenances, including roadway reconstruction.
(D)
Simplified permit.
(1)
The Department of Public Works shall have the authority to develop a simplified permit for specific types of projects.
(a)
The purpose of the simplified permit is to streamline the permitting process under this chapter by waiving certain submission requirements, provided a set of predetermined design standards are met.
(b)
The predetermined design standards shall be outlined in the rules and regulations authorized in accordance with § 95.03(C) of this chapter.
(c)
By meeting the predetermined requirements and performance standards, the proposed project will be presumed to meet the requirements and intent of this chapter.
(E)
Compatibility with other permit and ordinance requirements. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law in whole or in part. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, statute or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.