[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.
[Ord. O-2016-7, passed 2-23-2016]
(A)
ALTER or ALTERATION
APPLICANT
BEST MANAGEMENT PRACTICE (BMP)
(1)
(2)
(3)
CONVEYANCE
EROSION CONTROL
IMPERVIOUS SURFACE OR AREA
INFILTRATION
LAND DISTURBANCE ACTIVITY
LOW IMPACT DEVELOPMENT (LID)
MAINTENANCE
(1)
(2)
(3)
(4)
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
OPERATION AND MAINTENANCE PLAN
OVERLAY OF PAVEMENT
OWNER
PERMITTEE
PERSON
POLLUTANT
RECLAMATION OF PAVEMENT
REDEVELOPMENT
SEDIMENT
SEDIMENTATION
SIMPLIFIED PERMIT
STORMWATER MANAGEMENT AND EROSION CONTROL PERMIT
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM
STORMWATER RUNOFF
The following definitions shall apply to this chapter as written
unless context indicates or requires a different meaning:
Any activity, which will change the ability of a ground surface
to absorb water or will change existing surface drainage patterns.
Alter may also be referred to as "alteration of drainage characteristics,"
and "conducting land disturbance activities."
Any person, as defined in this chapter, who has filed an
application for a stormwater management and erosion control permit.
A structural or nonstructural technique for managing stormwater
to prevent or reduce nonpoint source pollutants from entering surface
waters or ground waters. A structural stormwater best management practice
includes a basin, discharge outlet, swale, rain garden, filter, or
other stormwater treatment practice or measure either alone or in
combination, including without limitation any overflow pipe, conduit,
weir control structure that:
Is not naturally occurring;
Is not designed as a wetland replication area; and
Has been designed, constructed, and installed for the purpose
of conveying, collecting, storing, discharging, recharging, or treating
stormwater. Nonstructural stormwater best management practices include
source control and pollution prevention measures.
Any structure or device, including pipes, drains, culverts,
curb breaks, paved swales and man-made swales, natural and man-made
channels, and ditches designed or utilized to move or direct stormwater
runoff or existing water flow; any impervious surface/sheet flow utilized
to remove rainfall (for example, a parking lot) which drains directly
onto a vegetated surface or public road without any curbing or drainage
system to intercept the flow.
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
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 surfaces (parking
lots, sidewalks, driveways, etc.), rooftops, swimming pools, and patios,
as well as paved, gravel, and compacted dirt surfaced roads.
Percolation of water into the subsurface. Also referred to
as "Recharge."
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
A site design strategy for managing stormwater by maintaining
or replicating the predevelopment hydrologic functions through the
use of design techniques to create a functionally equivalent hydrologic
landscape.
Maintenance of a stormwater management system means the work
necessary to keep a stormwater management system functional and in
good repair so that it may continue to operate as originally designed.
Maintenance of a stormwater management system does not include work
that:
Reduces the capacity of the system to treat stormwater, provide
recharge, or attenuate peak flow;
Increases the total or peak rate or volume of the stormwater
managed by the system;
Directs additional stormwater discharges to the system; or
Results in reduced use of above ground stormwater best management
practices.
The standards issued by the Massachusetts Department of Environmental
Protection (DEP), codified in regulations at 310 CMR 10.05(6)(k)-(q)
and further defined and specified in the Massachusetts Stormwater
Handbook, Volumes 1 through 3, issued by the DEP. The standards address
stormwater impacts through implementation of performance standards
that 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 structures that together comprise
the storm drainage system owned or operated by the City of Watertown.
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
The placement of pavement on top of an existing impervious
surface. The underlying surface is sometimes milled (partially ground
down in thickness) before the overlay is placed.
A person with a legal or equitable interest in land, structures,
or equipment.
The person who is issued a permit by the Watertown Department
of Public Works pursuant to this chapter.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department, or political subdivision
of the Commonwealth or the Federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any substance, either man-made or man-induced, that alters
the chemical, physical, biological, or radiological integrity of water.
A procedure whereby existing pavement is broken and pounded
into small fragments.
Development, replacement, rehabilitation, expansion, demolition,
or phased projects that disturb the ground surface on previously developed
sites.
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
The process or act of depositing sediment.
A permit issued for an application that meets a set of predetermined standards adopted by the Department of Public Works in accordance with § 98.01(B) of this chapter.
A permit issued by the Department of Public Works, after
review of an application, plans, calculations, and other supporting
documents, in accordance with the provisions of this chapter.
A plan submitted as part of an application for a stormwater management and erosion control permit, as required by § 98.04(A) of this chapter.
The collective system for conveying, collecting, storing,
discharging, recharging, or treating stormwater on-site, including
stormwater best management practices and any pipes and outlets intended
to transport and discharge stormwater to the groundwater, a surface
water, or a municipal separate storm sewer system. Also referred to
as "drainage."
Flow over the ground surface resulting from precipitation
or snow and ice melt or through a drainage system.
[Ord. O-2016-7, passed 2-23-2016]
(A)
Authority. This chapter is adopted under authority granted by the
home rule amendment of the Massachusetts Constitution, and the home
rule statutes and pursuant to the regulations of the Federal Clean
Water Act found at 40 CFR 122.34.
(B)
Administration. The Watertown Department of Public Works shall administer,
implement, and enforce this chapter. Any powers granted to or duties
imposed upon the Department of Public Works may be delegated to the
Department's employees or agents.
(C)
Rules and regulations. The City Manager may adopt, and periodically
amend, rules and regulations relating to the detailed requirements,
procedures, and administration of this chapter, including application
and inspection fees. Failure by the City Manager to promulgate such
rules and regulations, or a declaration of their invalidity by a court
of law, shall not have the effect of suspending or invalidating the
provisions of this chapter or any permit issued hereunder. Such rules
and regulations (or amendments thereto) shall become effective five
days after being filed with the City Clerk.[1]
[1]
Editor's Note: The Rules and Regulations for Stormwater Management and Erosion Control are included as an attachment to this chapter.
(D)
Appeals. A decision of the Department of Public Works shall be final.
A request for relief of a decision of the Department of Public Works
shall be reviewable in the Superior Court in an action filed within
60 days thereof.
[Ord. O-2016-7, passed 2-23-2016]
(A)
Permit required. No land disturbance activity that meets the criteria specified in § 98.01(B) may commence prior to issuance of a stormwater management and erosion control permit subject to this chapter.
(B)
Procedures and requirements. Permit procedures and requirements including but not limited to application, fee schedules, actions, right-of-entry, stormwater management plan contents, technical requirements, inspections, and project closeout-shall be included as part of the rules and regulations promulgated under § 98.03(C) of this chapter.
[Ord. O-2016-7, passed 2-23-2016]
Criteria for stormwater management and erosion control performance
standards shall be defined and included as part of the rules and regulations
promulgated under § 93.03(C) of this chapter.
[Ord. O-2016-7, passed 2-23-2016]
The Department of Public Works shall have authority to enforce
this chapter and resulting rules and regulations, and shall issue
orders, violation notices, and enforcement orders, and may pursue
all available civil and criminal remedies for such violations.
(A)
Notices and orders.
(1)
The Department of Public Works may issue a written order to
enforce the provisions of the stormwater management and erosion control
ordinance or the rules and regulations, which may include requirements
to:
(a)
Cease and desist from construction or land disturbance activity
until there is compliance with the stormwater management and erosion
control ordinance and the stormwater management and erosion control
permit;
(b)
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the approved operation and
maintenance plan;
(c)
Perform monitoring, analyses, and reporting; and/or
(d)
Remediate adverse impacts resulting directly or indirectly from
malfunction of the stormwater management system.
(2)
If the Department of Public Works determines that abatement
or remediation of adverse impacts is required, the order shall set
forth a deadline by which such abatement or remediation must be completed.
(3)
If a person violates the provisions of this chapter, regulations,
permit, notice, or order issued thereunder, the Department of Public
Works may seek injunctive relief in a court of competent jurisdiction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
(B)
Penalties. Pursuant to § 10.99 of the City Code, any person who violates any provision of the stormwater management and erosion control ordinance, or order or permit issued thereunder, may be ordered to correct the violation and/or shall be punished by a fine of not more than $300 per violation, excluding the cost of damages. Each day or part thereof that such violation occurs or continues shall constitute a separate violation.
(C)
Non-criminal disposition.
(1)
As an alternative to criminal prosecution, the Department of Public Works may elect to utilize the non-criminal disposition procedure set forth in Mass. Gen. Laws Ch. 40, § 21D, which has been adopted by the City in § 35.05 of the City Code, for which purpose the Director of the Department of Public Works and the Department's employees shall be enforcing persons. The specific penalties under this provision shall be:
(2)
Notwithstanding the foregoing, the enforcing person shall have
the discretion to issue a warning in lieu of the citation for $25
for the first offense.
(D)
Appeals. The decisions or orders of the Department of Public Works
shall be final. Further relief shall be to a court of competent jurisdiction.
(E)
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable Federal,
state, or local law.
