[HISTORY: Adopted by the City Council of the City of Amesbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-2020 by
Bill No. 2020-077]
Increased and contaminated stormwater runoff is a major cause
of impairment of water quality and flow in lakes, ponds, streams,
rivers, wetlands and groundwater; contamination of drinking water
supplies; alteration or destruction of aquatic and wildlife habitat;
and flooding. Regulation of illicit connections and discharges to
the municipal storm drainage system is necessary for the protection
of the City's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the environment. The purpose
of this ordinance is as follows:
A.
Detection and elimination of illicit discharges, connections and/or
obstructions.
(1)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4) and waters of the Commonwealth of Massachusetts;
(2)
To prohibit illicit discharges, connections and obstructions to the
MS4;
(3)
To require the removal of all such illicit discharges, connections
and/or obstructions;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this ordinance through inspection, monitoring, and enforcement.
B.
Control of construction and post-construction runoff. This ordinance
is intended to:
(1)
Ensure and promote compliance with US Environmental Protection Agency
(EPA) stormwater management regulations pertaining to municipal separate
storm sewer systems (MS4s);
(2)
Protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures
to control construction site stormwater runoff and post-construction
stormwater discharges which can adversely affect public safety, public
and private property, surface water, groundwater resources, drinking
water supplies, recreation, and aquatic habitats.
(3)
Establish minimum construction site and post-construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff generated from new development and redevelopment;
(4)
Require practices that eliminate soil erosion and sedimentation resulting
from land disturbance activities;
(5)
Control the volume and rate of stormwater runoff resulting from land
disturbances;
(6)
Minimize flooding on abutting properties;
(7)
Maintain the natural infiltration of stormwater on sites and/or promote
recharge to groundwater where appropriately sited and/or treated,
with emphasis on the Zones A, B, C and Zone 2 recharge areas in the
watershed protection districts;
(8)
Maintain the integrity of stream channels;
(9)
Minimize stream bank erosion;
(10)
Prevent or minimize adverse impacts to water quality in lakes,
ponds, streams, rivers, wetlands and groundwater;
(11)
Promote infiltration and recharge of groundwater;
(12)
Encourage the use of nonstructural stormwater management practices
or low-impact development practices, wherever practicable;
(13)
Establish provisions for the long-term responsibility for and
maintenance of structural stormwater control facilities and nonstructural
stormwater management practices to ensure that they continue to function
as designed, are maintained, and pose no threat to public safety;
(14)
Require practices to control construction waste; and
(15)
Prevent pollutants from entering the City's municipal separate
storm sewer system (MS4).
As used in this ordinance, the following terms shall have the
meanings indicated:
Any groundwater dewatering system that is not achieved by
means of gravity only (i.e., use of mechanical or pumping apparatus).
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a stormwater management permit
for proposed land disturbances.
The City of Amesbury Planning Board shall be the authorized
enforcement agency.
An activity, procedure, restraint, or structural or nonstructural
improvement that helps to reduce the quantity or improve the quality
of stormwater runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover. Clearing
generally includes grubbing as defined below.
All activity in preparation for construction.
Excess or discarded building or construction site materials
that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
See "Director of Public Works."
The modification of land to accommodate a new use or expansion
of use, usually involving construction and redevelopment, rehabilitation,
expansion, demolition, or phased projects that disturb the ground
surface or increase the impervious cover area on previously developed
sites.
The Director of Public Works shall be the designated agent.
The Director of Public Works shall be the City's designated agent
to assist the authorized enforcement agency to enforce the provisions
of this ordinance and any regulations, orders, violation notices,
enforcement orders and permit conditions relative thereto on behalf
of the City.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
The wearing away of the land surface by natural or artificial
forces, such as wind, water, ice, gravity, or vehicle traffic, and
the subsequent detachment and transportation of soil particles.
A document containing narrative, drawings, and details developed
by a Massachusetts registered professional engineer (P.E.) or a certified
professional in erosion and sediment control (CPESC), which includes
BMPs, or equivalent measures designed to control surface runoff, erosion
and sedimentation during preconstruction and construction-related
land disturbances. The plan is required as part of the application
for a stormwater management permit.
Any NPDES point source or any other facility or activity
(including land or appurtenances thereto) that is subject to regulation
under the NPDES program.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drainage system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this ordinance.
Direct or indirect discharge to the municipal storm drainage
system that is not composed entirely of stormwater, except as exempted
pursuant to this ordinance. The term does not include a discharge
in compliance with a NPDES stormwater discharge permit or a surface
water discharge permit, or resulting from firefighting activities
exempted pursuant to this ordinance.
Material covering the ground with a coefficient of runoff
greater than 0.7 (as defined in Data Book for Civil Engineers by Seelye;
C = runoff divided by rainfall), including, but not limited to, macadam,
concrete, pavement and buildings.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
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. In January 2008, this
policy was incorporated into the Massachusetts Wetlands Protection
Act Regulations (310 CMR 10.00 et seq.).
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 City.
A permit issued by the United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
A plan prepared by a qualified professional engineer (PE)
or a certified professional in erosion and sedimentation control (CPESC)
setting up 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.
The operator of any facility or activity subject to regulation
under the NPDES program.
A person with a legal or equitable interest in property.
The person who holds a stormwater management permit and therefore
bears the responsibilities and enjoys the privileges conferred thereby.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
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.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth
of Massachusetts. Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
Process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
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 deposition of sediment.
Any lot or parcel of land or area of property where land
disturbances are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
to vertical distance.
Any earth, sand, rock, gravel, or similar material.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE), which includes structural
and nonstructural best management practices to manage and treat stormwater
generated from regulated development activity. A stormwater management
plan also includes an operation and maintenance plan describing the
maintenance requirements for structural best management practices
and is required as part of the application for a stormwater management
permit.
A body of running water, including brooks, creeks, and other
watercourses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, is naturally obscured, or beneath a bridge. A stream's
flow may be intermittent (i.e., does not flow throughout the year),
or perennial.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
MGL c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Water free of toxic or hazardous material or waste, sewage,
agricultural, industrial or commercial waste, runoff, leachate, heated
effluent or other matter, whether originating at a point or nonpoint
source.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
The chemical, physical, and biological integrity of water
resources.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40 and 310 CMR 10.00 et seq.
Groundwater protection zones as defined by the City.
This ordinance is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to MGL c. 83, §§ 1, 10, and 16, as amended
by Ch. 149, §§ 135 through 140, Acts of 2004, and pursuant
to the regulations of the Federal Clean Water Act (40 CFR 122.34).
A.
Municipal separate storm sewer system (MS4) and waters of the Commonwealth
of Massachusetts. This ordinance shall apply to flows entering the
City's municipal separate storm sewer system (MS4) and waters
of the Commonwealth of Massachusetts.
B.
Construction and post-construction activities.
(1)
Any construction activity, including clearing, grading, and excavation
that will disturb equal to or greater than 43,560 square feet of land
or will disturb less than 43,560 square feet of land but is part of
a larger common plan of development or sale that will ultimately disturb
equal to or greater than 43,560 square feet of land in the City of
Amesbury.
(2)
After the initial common plan construction activity is completed
for a particular parcel, any subsequent development or redevelopment
of that parcel would be regarded as a new plan of development. Construction
activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or the original
purpose of the site.
Any person that undertakes any construction activity (as defined in § 398-4, Applicability, Subsection B), including clearing, grading, and excavation that will disturb equal to or greater than 43,560 square feet of land or will disturb less than 43,560 square feet of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than 43,560 square feet of land in the City of Amesbury shall require a stormwater management permit from the Planning Board pursuant to this ordinance and regulations promulgated hereunder.
A.
Regulated activities.
(1)
Regulated activities shall include:
(a)
Land disturbance of 43,560 square feet or more of land associated
with construction or reconstruction of structures;
(b)
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development that all together
disturbs 43,560 square feet or more of land;
(c)
Paving or other change in surface material over an area of 43,560
square feet or more of land;
(d)
Construction of a new drainage system or alteration of an existing
drainage system or conveyance draining an area of 43,560 square feet
or more of land; and
(e)
Any other activity on an area of land of 43,560 square feet
or more that changes the water quality, or the force, quantity, direction,
timing or location of runoff flowing from the area. Such changes include,
but are not limited to: change from distributed runoff to confined,
concentrated discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
(2)
No person may create or maintain a direct connection or discharge
to the MS4 without a connection and discharge permit from the Department
of Public Works;
(3)
The City of Amesbury is not exempt from the provisions of this ordinance.
B.
Exemptions: The following activities are exempt from the requirements
of this ordinance:
(1)
Construction activities waived from permit coverage under the NPDES
general permit for stormwater discharges from construction activities;
(2)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act, Regulation 310 CMR 10.04;
(3)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family or two-family dwelling that will not alter existing
terrain or drainage patterns;
(4)
The construction of fencing that will not alter existing terrain
or drainage patterns;
(5)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns
or result in a permanent alteration of runoff or drainage characteristics
and will comply with the erosion control standard in the Massachusetts
Stormwater Standards;
(6)
Emergency work to protect life, limb, or property;
(7)
Normal maintenance of or emergency repairs to any stormwater treatment
facility deemed necessary by the Planning Board or its agents;
(8)
Repair of septic systems when required by the Board of Health for
the protection of public health; and
(9)
Improvement of City-owned public ways and appurtenances that will
not result in an expansion of impervious cover of more than 43,560
square feet.
C.
Prohibited activities. The following activities are prohibited under
this ordinance:
(1)
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the waters of the Commonwealth of Massachusetts;
(2)
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drainage
system, regardless of whether the connection was permissible under
applicable law, regulation or custom at the time of connection; and
(3)
Obstruction of municipal storm drainage system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drainage system without prior written approval from
the Department of Public Works.
D.
Allowable nonstormwater discharges. The following activities are
allowed without the need for approval from the Planning Board:
(1)
Discharge or flow resulting from firefighting activities;
(2)
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwaters, provided that the source is not a significant
contributor of a pollutant to the municipal storm drainage system:
(a)
Waterline flushing;
(b)
Flow from potable water sources;
(c)
Springs;
(d)
Natural flow from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater (i.e., residential
sump pumps);
(h)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(i)
Discharge from landscape irrigation or lawn watering;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated residential, public or semipublic
swimming pool water (less than one ppm chlorine) and the pool is drained
in such a way as not to cause a nuisance;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided that written and verbal notification is
given to the Department of Public Works prior to the time of the test;
(n)
Nonstormwater discharge permitted under a NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the Department of Environmental Protection, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
(o)
Discharge for which advanced written approval is received from
the Department of Public Works as necessary to protect public health,
safety, welfare or the environment.
E.
Discharge of pollutants; emergency response and action. The following
activities shall be enforced by the designated agent (Director of
Public Works) without the need for approval from the Planning Board:
(1)
Emergency suspension of municipal storm drainage system access. The
Department of Public Works may suspend municipal storm drainage system
access to any person or property without prior written notice when
such suspension is necessary to stop an actual or threatened discharge
of pollutants that presents imminent risk of harm to the public health,
safety, welfare or the environment. In the event any person fails
to comply with an emergency suspension order, the Department of Public
Works may take all reasonable steps to prevent or minimize harm to
the public health, safety, welfare or the environment.
(2)
Notification of spills. Notwithstanding other requirements of local,
state or federal law, as soon as a person responsible for a facility
or operation, or responsible for emergency response for a facility
or operation has information of or suspects a release of materials
at that facility or operation resulting in or which may result in
discharge of pollutants to the municipal drainage system or waters
of the Commonwealth of Massachusetts, the person shall take all necessary
steps to ensure containment, and cleanup of the release, including
the following:
(a)
In the event of a release of oil or hazardous materials, the
person shall immediately notify the Fire and Police Departments, Health
Department, and the Department of Public Works;
(b)
In the event of a release of nonhazardous material, the reporting
person shall notify the Department of Public Works no later than the
next business day;
(c)
The reporting person shall provide to the Department of Public
Works written confirmation of all telephone, facsimile or in-person
notifications within three business days thereafter; and
(d)
If the discharge of prohibited materials is from a commercial
or industrial facility, the facility owner or operator of the facility
shall retain on-site a written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for
at least three years from the date of the incident.
A.
The Planning Board, as the authorized enforcement agency, shall administer,
implement, and enforce this ordinance. Any powers granted to or duties
imposed upon the Planning Board in this ordinance may be delegated
to the designated agent as defined in this ordinance.
B.
Rules and regulations.
(1)
The Planning Board may adopt and periodically amend rules and regulations
to effectuate the purposes of this ordinance. Said regulations may
include, but shall not be limited to provisions regarding: administration;
application requirements and fees; permitting procedures and requirements;
design standards; surety requirements; inspection and site supervision
requirements; waivers and exemptions; and enforcement procedures.
Failure by the Board to promulgate such rules and regulations shall
not have the effect of suspending or invalidating this ordinance.
(2)
Adoption of and revisions to regulations may only be made after conducting
a public hearing to receive comments on any proposed revisions. Such
hearing dates shall be advertised in a newspaper of general local
circulation, at least 14 days before the hearing date.
C.
The Planning Board shall refer to the criteria and information, including
specifications and standards, of the latest edition of the Massachusetts
Stormwater Management Policy or to the design criteria as described
in the City of Amesbury's Subdivision Rules and Regulations or
to the City of Amesbury Stormwater Management and Erosion Control
Regulations, whichever is more stringent in the protection of the
City's environmental and infrastructure resources, for execution
of the provisions of this ordinance.
D.
The Planning Board may waive strict compliance with any requirement
of this ordinance or the regulations promulgated hereunder, where
such action is:
At the applicant's expense, the Planning Board may retain
independent consultants as needed to review applications for stormwater
management permits and to advise the Board on any and all aspects
of a specific project. Independent consultants may include but are
not limited to registered professional engineers and environmental
site monitors.
Projects requiring a stormwater management permit shall be subject to the City of Amesbury Stormwater Management and Erosion Control Regulations promulgated under § 398-6 of this ordinance in addition to the procedures as set forth below.
B.
Public meetings.
(1)
The Planning Board shall hold a public meeting on all applications
for stormwater management permits for the purpose of reviewing the
application and accepting public input.
(2)
Notice of the public meeting shall be given by posting and by first
class mailings to abutters and abutters to abutters within 300 feet
of the property line of the project site at least seven days prior
to the meeting.
(3)
The Board shall make the application available for inspection by
the public during business hours at the City offices.
C.
Actions. The Planning Board may:
(1)
Approve the application and issue a permit if it finds that the proposed
plan meets the objectives and requirements of this ordinance and its
regulations;
(2)
Approve the application and issue a permit with conditions, modifications,
or restrictions that the Board determines meet the objectives and
requirements of this ordinance and its regulations;
(3)
Disapprove the application and deny a permit if the Planning Board
finds that the applicant has submitted insufficient information to
describe the site, the work, or the effect of the work on water quality
and runoff volume; or
(4)
Disapprove the application and deny a permit if it finds that the
proposed plan fails to meet the objectives and requirements of this
ordinance or its regulations.
D.
Time for action by the Board.
(1)
Within 45 days of the filing of an application for a stormwater management
permit, the Planning Board or its designated agent shall:
(2)
Within 60 days of the filing of the application, an interdepartmental
review shall be held. Following the interdepartmental review but prior
to the Planning Board public meeting, the Department of Public Works
or the consultants retained by the Board for review of the stormwater
management permit application shall provide a written recommendation
for action on the application. Such recommendation shall itemize all
instances where the applicant has failed to meet the specifications
and standards of the latest edition of the Massachusetts Stormwater
Management Policy or of the design criteria as described in the City
of Amesbury's Subdivision Rules and Regulations or of the City
of Amesbury Stormwater Management and Erosion Control Regulations.
(3)
Within 90 days of the filing of an application for a stormwater management
permit, the Planning Board shall hold a public meeting.
(4)
Once begun, the public meeting may not continue for more than 60
days unless such time is extended by written agreement between the
applicant and the Board to a date certain announced at the meeting.
(5)
The Planning Board shall take final action within 21 days of the
close of the public meeting discussion.
E.
Permit duration. All activity permitted by this ordinance must be
completed within one year of permit issuance. Extensions of time can
be granted by the Planning Board upon formal written request by the
applicant. If one year passes without an extension being granted,
the Board may revoke the permit.
F.
Certificate of completion. The Planning Board shall issue a certificate
of completion upon receipt and approval of final reports and documentation
as specified in the regulations.
H.
Failure to act. Upon certification by the City Clerk that the allowed
time has passed without the Planning Board's action, failure
to take such action shall be deemed to be approval of said application
and a stormwater management permit shall be issued.
I.
Appeals of action by the Planning Board.
(1)
A written decision of the Planning Board shall be final when it is
executed by the Planning Board and filed in the City Clerk's
office. Further relief of a decision by the Planning Board made under
this ordinance shall be in the Superior Court or Land Court in accordance
with the applicable law. The remedies listed in this ordinance are
not exclusive of any other remedies available under any applicable
federal, state or local law.
(2)
No work shall commence until the applicable appeal period has passed
with no appeal, per MGL c. 249, § 4, or, if an appeal has
been filed, the appeal has been finally resolved by adjudication or
otherwise.
Any person aggrieved by a decision or action of a designated agent appointed by the Planning Board under § 398-8, including but not limited to matters regarding completeness of application, inspections, and compliance with technical design criteria, may, within 30 days of such decision or action, request a public meeting with the Planning Board. In such cases, following the decision of the Planning Board, the provisions of § 398-8I shall apply.
The Planning Board or its designated agent shall enforce this
ordinance and any regulations, orders, violation notices, enforcement
orders and permit conditions on behalf of the City, and may pursue
all civil and criminal remedies for such violations pursuant thereto.
A.
Civil relief. If a person violates the provisions of this ordinance
or any regulations, orders, violation notices, enforcement orders
and permit conditions issued hereunder, the Planning Board or its
designated agent 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.
Orders.
(1)
The Planning Board or its designated agent may issue a written order
to enforce the provisions of this ordinance and any regulations, orders,
violation notices, enforcement orders and permit conditions hereunder,
which may include requirements to:
(a)
Cease and desist from construction or land disturbance until
there is compliance with this ordinance, and an approved stormwater
management permit, including the stormwater management plan and the
erosion and sediment control plan;
(b)
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan;
(c)
Remediate erosion and sedimentation resulting directly or indirectly
from the land-disturbing or construction activity;
(d)
Maintain, install or perform additional erosion and sediment
control measures;
(e)
Remediate adverse impact resulting directly or indirectly from
malfunction of the stormwater management system;
(f)
Eliminate illicit discharges, connections and/or obstructions
to the MS4;
(g)
Perform monitoring, analyses, and reporting;
(h)
Cease and desist unlawful discharges, practices, or operations;
and
(i)
Remediate contamination in connection therewith.
(2)
If the Planning Board determines that abatement or remediation of
contamination or adverse impacts is required, the order shall set
forth a deadline by which such abatement or remediation must be completed
by the violator or property owner.
C.
Criminal penalty. Any person who violates any provision of this ordinance
and/or any regulations, orders, violation notices, enforcement orders
and permit conditions issued hereunder shall be punished by a fine
of $300. Each day or part thereof that such violation occurs or continues
to occur by failure to comply with an order or notice from the Planning
Board or its designated agent shall constitute a separate violation.
D.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, and adopted by
the City as a general ordinance in which case the Planning Board or
its designate agent shall be the enforcing agency. The penalty for
each violation shall be set as follows: a) for the first violation
(failure to comply with an order or notice) shall be $100; b) for
the second violation shall be $200; c) for the third and subsequent
offenses shall be $300. Each day or part thereof that such violation
occurs or continues to occur shall constitute a separate offense.
E.
Entry to perform duties under this ordinance. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Planning Board or its authorized agent and their
officers, and employees may enter upon privately owned property for
the purpose of performing their duties under this ordinance and regulations
and may make or cause to be made such examinations, surveys or sampling
as the Planning Board deems reasonably necessary.
F.
Lien. If the Planning Board or its authorized agent undertakes work
to correct or mitigate any violation of this ordinance, the Planning
Board shall (within 30 days after completing the work) notify the
permit holder and the owner(s) of the property (if different) in writing
of the costs incurred by the City of Amesbury, including administrative
costs, associated with that work. The permit holder and the property
owner(s) (if different) shall be jointly and severally liable to pay
the City of Amesbury those costs within 30 days of the receipt of
that notice. The permit holder and the property owner(s) (if different)
may file a written protest objecting to the amount or basis of costs
with the Planning Board within 30 days of receipt of the notice. If
the amount due is not received by the City of Amesbury by the expiration
of the time in which to file such a protest, or within 60 after the
final decision of the Planning Board or a court of competent jurisdiction
resolving that protest, the amount of the City's costs shall
be a special assessment against the property and shall constitute
a lien on the property pursuant to MGL c. 40, § 58. Interest
shall accrue on any unpaid costs at statutory rate, as provided in
MGL c. 59, § 57.
The Planning Board 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 security. The form and
amount of any surety shall be determined by the Planning Board, based
on the scale and nature of the subject project, to ensure that all
work will be completed in accordance with the permit. The surety may
not be fully released until the Planning Board has issued a certificate
of completion and all other requirements stipulated in the regulations
adopted by the Board have been satisfactorily met.
The provisions of this ordinance are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this ordinance
or the application thereof to any person, establishment, or circumstances
shall be held invalid for any reason, such invalidity shall not affect
the other provisions or application of this ordinance, and all other
provisions shall continue in full force and effect.
