The purpose of these rules and regulations is to address discharges to the municipal separate storm sewer system (MS4) that is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land and the accompanying increase in impervious surface area are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater. In addition, land disturbances can cause harmful impacts due to soil erosion and sedimentation as more specifically addressed in Chapter 213, Stormwater Management Bylaw, of the Town's General Bylaws.
[Adopted 8-17-2021]
The owner(s) of land directly abutting the activity.
The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete 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.
Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision of the commonwealth or the federal government to the extent permitted by law requesting a stormwater management permit for proposed land-disturbance activity.
The Town's authorized agent to enforce Article II of the Stormwater Management Bylaw and these rules and regulations. The Conservation Commission, and its employees or agents, are designated as the authorized enforcement authority.
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
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.
Any activity that removes the vegetative surface cover.
The Conservation Commission.
Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a construction site that may adversely impact water quality.
The modification of land to accommodate a new use or expansion of use, usually involving construction.
Any action that causes a change in the position, location, or arrangement of soil, sand rock, gravel or similar earth material.
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 qualified professional engineer (PE) or a certified professional in erosion and sedimentation control (CPESC), which includes best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation during preconstruction and construction related land disturbance activities.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and stumps.
Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
The Stormwater Standards as further defined by the Massachusetts Stormwater Handbook both issued by the Department of Environmental Protection, and as amended, that coordinate 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 Standards address 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 Lynnfield.
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.
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 point at which stormwater flows out from a point source into waters of the commonwealth.
Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Surface Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
A person with a legal or equitable interest in property.
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 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.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
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.
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-disturbing activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.
Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
Total suspended solids.
Temporary bodies of fresh water which provide critical habitat for a number of vertebrate and invertebrate wildlife species.
A natural or man-man channel through which water flows or a stream of water, including a river, brook, or underground stream.
Areas specified in the Massachusetts Wetlands Protection Act MGL c. 131, § 40, and in any wetland bylaw adopted by the Town of Lynnfield.
Tidal and nontidal areas characterized by saturated or nearly saturated soils most of the year that are located between terrestrial (land-based) and aquatic (water-based) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include marshes, swamps and bogs.
B.
Town Boards, including, but not limited to, the Planning Board and Zoning Board of Appeals, who have formally adopted these regulations, either directly, or by reference, and who issue permits and/or approvals for projects and/or activities under their specific jurisdiction and in accordance with their specific jurisdictional requirements regarding public notice, hearings and actions shall have approval authority under these stormwater regulations. Projects or activities approved by these Boards shall be deemed in compliance with the intent and provisions of these regulations.
A.
These rules and regulations apply to all activities in accordance with the Town of Lynnfield's General Bylaws, Chapter 213, Article II, that states that "No person may undertake a construction activity, including clearing, grading, and excavation, that results in a land disturbance that will disturb an acre of land or more or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb an acre of land or more draining to the Town's MS4 without a stormwater management permit from the authorized enforcement authority."
B.
Exemptions include all of the activities stated in the Town of Lynnfield's General Bylaws Chapter 213, Article II, § 213-16B. Those activities are:
(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 regulations, 310 CMR 10.04;
(3)
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling;
(4)
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
(5)
Construction of utilities other than drainage (e.g., gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;
(6)
Stormwater discharges resulting from the activities identified in Chapter 213, Article II, that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Handbook and comply with these rules and regulations as reflected in an order of conditions issued by the Conservation Commission; and
A.
Filing application. The site owner shall file with the Conservation Commission 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 must be hand delivered or sent certified mail, return receipt requested, to the Conservation Commission and shall include:
(1)
A completed application form with original signatures of all owners plus 10 copies thereof;
(2)
One copy of an abutters' list, certified by the Assessors' office;
(3)
Ten copies of the stormwater management plan and project description as specified in § 320-19 of these rules and regulations;
(4)
Ten copies of the erosion and sediment control plan as required by § 320-20 of these rules and regulations;
(5)
Ten copies of the operation and maintenance plan as required by § 320-21 of these rules and regulations;
(6)
Payment of the application and review fees; and
(7)
Provide notification to the owners of any property within 100 feet of the property line of the land where the activity is proposed, including across a public or private street. The applicant shall provide notification at the mailing addresses as certified by the Assessors' office on a form supplied by the Conservation Commission Administrator. Notification shall be at the applicant's expense. The notification shall state where copies of the application or request, with plans, may be examined and copied and where information on the date, time and location of the public hearing may be obtained. The applicant shall notify abutters by certified mail, return receipt requested, or by certificates of mailing. Mailing at least seven days prior to the public hearing shall constitute timely notice. The applicant shall present either the certified mail receipts or certificate of mailing receipts for all abutters at the beginning of the public hearing.
B.
Public hearing.
(1)
The date of receipt by the Conservation Commission Administrator shall be the date on which the application is deemed filed. The Commission shall conduct a public hearing on any stormwater permit application with written notice given at the expense of the applicant, at least five business days prior to the hearing, in a newspaper of general circulation in the municipality.
(2)
The Commission shall commence the public hearing within 21 days from receipt of a completed permit application unless an extension is authorized in writing by the applicant. The Commission shall have authority to continue the hearing to a specific date announced at the hearing for reasons stated at the hearing, which may include the need for additional information from the applicant or others deemed necessary by the Commission in its discretion. The Commission shall issue its permit in writing within 21 days of the close of the public hearing thereon unless an extension is authorized in writing by the applicant.
C.
Entry. Filing an application for a permit grants the authorized enforcement authority, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit.
D.
Other Boards. The authorized enforcement authority shall notify the Town Clerk of receipt of the application, and shall give one copy of the application package to Planning Board, Board of Health or others as appropriate or required by the Board.
E.
Fee structure. The authorized enforcement authority shall obtain with each submission an application fee established in Chapter 213, Article II, of the Town's General Bylaws. The authorized enforcement authority is authorized to retain a registered professional engineer or other professional consultant to advise the authority on any or all aspects of these plans. Applicants must pay review fees before the review process may begin.
F.
Actions. The authorized enforcement authority's action, rendered in writing, shall consist of either:
(1)
Approval of the stormwater management permit application based upon determination that the stormwater management plan, erosion and sediment control plan, and operation and maintenance plan meet the requirements and standards herein, and will adequately protect the water resources of the community and are in compliance with the requirements set forth in these rules and regulations;
(2)
Approval of the stormwater management permit application, subject to any conditions, modifications or restrictions required by the authority which will ensure that the project meets the requirements and standards herein and adequately protect water resources, set forth in these rules and regulations;
(3)
Disapproval of the stormwater management permit application based upon a determination that the proposed stormwater management plan, erosion and sediment control plan, and operation and maintenance plan, as submitted, do not meet the requirements and standards herein or adequately protect water resources, as set forth in these rules and regulations.
G.
Failure of the authorized enforcement authority to take final action upon an application within the time specified above shall be deemed to be approval of said application. Upon certification by the Town Clerk that the allowed time has passed without authority action, the authority must issue a stormwater management permit.
H.
Plan changes. The permittee must notify the authorized enforcement authority 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 authorized enforcement authority determines that the change or alteration is significant, based on the stormwater management requirements herein and accepted construction practices, the authority may require that an amended application be filed and a public hearing.
I.
Project completion. 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. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer.
J.
A stormwater management permit shall expire three years from the date of issuance. Any permit may be renewed once for an additional one-year period, provided that a request for renewal is received in writing to the authorized enforcement authority at least 30 days prior to expiration.
A.
Plan. The application for a stormwater management permit shall consist of submittal of a stormwater management plan to the authorized enforcement authority. This stormwater management plan shall contain sufficient information for the authority to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the standards as set forth in Subsection B of this section and the Massachusetts DEP Stormwater Management Handbook Volumes 1 and 2, as amended. The stormwater management plan shall fully describe the project in drawings and narrative. It shall include:
(1)
A locus map;
(2)
The existing zoning and land use at the site;
(3)
The proposed land use;
(4)
The location(s) of existing and proposed easements;
(5)
The location of existing and proposed utilities;
(6)
The site's existing and proposed topography with contours at one-foot or two-foot intervals with additional spot grades as needed to depict detailed drainage patterns;
(7)
A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;
(8)
A delineation of 100-year floodplains, if applicable;
(9)
The existing site hydrology:
(10)
The proposed site hydrology:
(a)
A drainage area map showing post-construction watershed boundaries, drainage area and stormwater flow paths;
(b)
The proposed vegetation and ground surfaces with runoff coefficients for each;
(c)
Runoff calculations utilizing Natural Resource Conservation Service (NRCS) methods;
(d)
Soil conditions and depth to groundwater in a minimum of two locations within the proposed stormwater facilities;
(e)
Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;
(f)
All measures for the detention, retention or infiltration of water;
(g)
All measures for the protection of water quality, including total suspended solid (TSS) and phosphorus removal rates and supporting calculations;
(h)
The structural details for all components of the proposed drainage systems and stormwater management facilities;
(i)
Notes on drawings specifying materials to be used, construction specifications, and typicals;
(j)
Necessary infiltration calculations for these facilities is required;
(11)
Evaluation of opportunities for using low impact development (LID) and green infrastructure techniques and BMPs;
(12)
Proposed improvements, including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;
(13)
Timing, schedules, and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization;
(14)
A maintenance schedule for the period of construction; and
(15)
Any other information requested by the authorized enforcement authority.
B.
Performance standards. Projects shall meet the following standards:
(1)
Low impact development (LID) site planning and design strategies must be implemented unless infeasible in order to reduce the discharge of stormwater from development sites.
(2)
Stormwater management systems design shall be consistent with, or more stringent than, the requirements of the latest edition of the Massachusetts Stormwater Handbook.
(3)
Capacity of drainage systems shall be designed to handle all stormwater runoff from the site, including runoff generated from the 100-year storm event using the following methods:
(a)
All piping and grate inlets shall be designed to handle flow up to a twenty-five-year twenty-four-hour storm event;
(b)
Detention facilities shall be designed to accommodate all runoff generated by the 100-year, twenty-four-hour storm.
(c)
Culverts shall be designed to accommodate the fifty-year, twenty-four-hour storm.
(4)
Drainage pipe systems shall be designed to provide self-cleaning flow velocities.
(5)
An emergency overflow shall be provided to all detention/retention facilities in the event of a storm in excess of the 100-year, twenty-four-hour storm.
(6)
Stormwater discharge to the Town's drainage system may be permitted if the applicant can demonstrate that the proposed flow during a twenty-five-year, twenty-four-hour storm event can adequately handle the increased flow.
(7)
Stormwater management systems for new developments shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of TSS and 60% of the average annual load of total phosphorus (TP) related to the total post-construction impervious area on the site as achieved through one of the following methods:
(a)
Installing BMPs that meet the pollutant removal percentages. Pollutant removal shall be determined as required in Subsection B(9) below; or
(b)
Retaining the volume of runoff equivalent to, or greater than 1.0 inch multiplied by the total post-construction impervious surface area on the new development site; or
(c)
Meeting a combination of retention and treatment that achieves the above standards; or
(d)
Utilizing off-site mitigation that meets the above standards within the same USGS HUC12 as the new development site.
(8)
Stormwater management systems for redevelopments shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of TSS and 50% of the average annual load of TP related to the total post-construction impervious area on the site as achieved through one of the following methods:
(a)
Installing BMPs that meet the pollutant removal percentages. Pollutant removal shall be determined as required in Subsection B(9) below; or
(b)
Retaining the volume of runoff equivalent to, or greater than, 0.8 inch multiplied by the total post-construction impervious surface area on the redeveloped site; or
(c)
Meeting a combination of retention and treatment that achieves the above standards; or
(d)
Utilizing off-site mitigation that meets the above standards within the same USGS HUC10 as the redevelopment site.
(e)
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 unless infeasible and are exempt from Subsection B(8)(a) through (d) above. 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 requirements of Subsection B(8)(a) through (d) fully.
(9)
In complying with Subsection B(7) and (8) above, the required removal percentage is not required for each storm; it is the average removal over a year that is required. Pollutant removal shall be calculated consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016) (https://www.epa.gov/npdes-permits/stormwater-tools-new-england) 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.
(10)
For new development and redevelopment projects with discharges to water bodies or their tributaries subject to one or more approved total maximum daily load (TMDL) or listed as Category 4b or 5 in the current Massachusetts Integrated List of Waters listed pursuant to the Federal Clean Water Act Sections 303(d) and 305(b) without an EPA-approved TMDL:
(a)
Structural and nonstructural stormwater management best management practices (BMPs) shall be consistent with each such TMDL.
(b)
Nitrogen Impairments: Stormwater management BMPs shall be optimized for nitrogen removal.
(c)
Phosphorus Impairments: Stormwater management BMPs shall be optimized for phosphorus removal.
(d)
Chloride Impairments: The applicant shall include measures in the required operation and maintenance (O&M) plan to minimize salt usage or use alternative deicing materials and practices. The applicant shall consult with the Lynnfield Department of Public Works to develop these O&M provisions.
(e)
Solids, Metals, or Oil and Grease Impairments: Stormwater management systems designed on commercial or industrial land use areas shall be designed to:
[1]
Allow shutdown and containment in the event of an emergency spill or other unexpected event;
[2]
Infiltrate stormwater to provide the level of pollutant removal equal to or greater than the level of pollutant removal provided through the use of biofiltration of the same volume of runoff to be infiltrated, prior to infiltration.
C.
Project changes. The permittee, or its agent, shall notify the authorized enforcement authority in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the authority determines that the change or alteration is significant, based on the design requirements listed in this section and accepted construction practices, the authority may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the authority may require the installation of interim measures before approving the change.
A.
Plan. The erosion and sediment control plan shall contain sufficient information to describe the nature and purpose of the proposed development, pertinent conditions of the site and the adjacent areas, and proposed erosion and sedimentation controls. The applicant shall submit such material as is necessary to show that the proposed development will comply with the design requirements listed below. The erosion and sediment control plan shall include:
(1)
Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan;
(2)
Title, date, north arrow, names of abutters, scale, legend, and locus map;
(3)
Location and description of natural features, including:
(a)
Watercourses and water bodies, wetland resource areas and all floodplain information, including the 100-year flood elevation based upon the most recent Flood Insurance Rate Map, or as calculated by a professional engineer for areas not assessed on these maps;
(b)
Existing vegetation, including tree lines, canopy layer, shrub layer, and ground cover, and trees with a caliper of 12 inches or larger, noting specimen trees and forest communities; and
(c)
Habitats mapped by the Massachusetts Natural Heritage and Endangered Species Program as Endangered, Threatened or of Special Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, and Priority Habitats of Rare Species within 500 feet of any construction activity;
(4)
Lines of existing abutting streets showing drainage and driveway locations and curb cuts;
(5)
The nature of existing soils, and the volume and nature of imported soil materials;
(6)
Topographical features, including existing and proposed contours at intervals no greater than two feet with spot elevations provided when needed;
(7)
Surveyed property lines showing distances and monument locations, all existing and proposed easements, rights-of-way, and other encumbrances, the size of the entire parcel, and the delineation and number of square feet of the land area to be disturbed;
(8)
Drainage patterns and approximate slopes anticipated after major grading activities (construction phase grading plans);
(9)
Location and details of erosion and sediment control measures with a narrative of the construction sequence/phasing of the project, including both operation and maintenance for structural and nonstructural measures, interim grading, and material stockpiling areas;
(10)
Path and mechanism to divert uncontaminated water around disturbed areas, to the maximum extent practicable;
(11)
Location and description of industrial discharges, including stormwater discharges from dedicated asphalt plants and dedicated concrete plants, which are covered by this permit;
(12)
Location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures;
(13)
A description of construction and waste materials expected to be stored on-site, meeting specifications of the designated storage area for such material. The plan shall include a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
(14)
A description of provisions for phasing the project;
(15)
Plans must be stamped and certified by a Professional Engineer (P.E.) registered in Massachusetts or a certified professional in erosion and sediment control; and
(16)
Such other information as is required by the authorized enforcement authority by regulation or order.
B.
Design requirements.
(1)
Minimize total area of disturbance;
(2)
Sequence activities to minimize simultaneous areas of disturbance;
(3)
Minimize peak rate of runoff in accordance with the Massachusetts Stormwater Handbook;
(4)
Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control;
(5)
Divert uncontaminated water around disturbed areas;
(6)
Maximize groundwater recharge;
(7)
Install and maintain all erosion and sediment control measures in accordance with the manufacturers' specifications and good engineering practices;
(8)
Use perimeter controls at the site and prevent off-site transport of sediment;
(9)
Stabilize construction site entrances and exits to prevent off-site tracking;
(10)
Protect and manage on- and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project);
(11)
Comply with applicable federal, state and local laws and regulations, including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control;
(12)
Prevent significant alteration of habitats mapped by the Massachusetts Natural Heritage and Endangered Species Program as Endangered, Threatened or Of Special Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, and Priority Habitats of Rare Species from the proposed activities;
(13)
Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site;
(14)
Properly manage on-site construction and waste materials. Control wastes that may be discharged, including but not limited to, discarded building materials, concrete truck washout, chemicals, litter, and sanitary wastes (these wastes may not be discharged to the MS4);
(15)
Protect slopes;
(16)
Protect all storm drain inlets and armor all newly constructed outlets;
(17)
Prevent off-site vehicle tracking of sediments; and
(18)
Inspect stormwater controls at consistent intervals.
C.
Project changes. The permittee, or its agent, shall notify the authority in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the authorized enforcement authority determines that the change or alteration is significant, based on the design requirements listed in this section and accepted construction practices, the authority may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the authority may require the installation of interim measures before approving the change.
A.
A stand-alone 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 and these regulations. The authorized enforcement authority shall make the final decision of what maintenance option is appropriate in a given situation. The authority will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The operation and maintenance plan shall remain on file with the authority and shall be an ongoing requirement. The O&M plan shall include:
(1)
The name(s) of the owner(s) for all components of the system.
(2)
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)
A maintenance schedule for all drainage structures, including swales and ponds.
(d)
A map showing locations of all stormwater facilities, including but not limited to catch basins, manholes, drainage piping, and stormwater devices.
(e)
A list of easements, with the purpose and location of each.
(f)
Estimated operation budget.
(g)
The signature(s) of the owner(s).
B.
Stormwater management easement(s).
(1)
Stormwater management easements shall be provided by the property owner(s) as necessary for:
(2)
The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.
(3)
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the authorized enforcement authority.
(4)
Easements shall be recorded with the Essex County Registry of Deeds prior to issuance of a certificate of completion by the authorized enforcement authority.
C.
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.
D.
If the person responsible for maintenance identified under Subsection A(2) above is not a public agency, the operation and maintenance and any future revisions based on Subsection H below shall be recorded upon the deed of record for each property on which the maintenance described in the operation and maintenance plan must be undertaken.
E.
Preventative and corrective maintenance shall be performed to maintain the function of stormwater management measures, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
F.
The person responsible for maintenance identified under Subsection A(2) above shall maintain a detailed log of all preventive and corrective maintenance activities for the last three years, including inspections, repair, replacement, and disposal (the log shall indicate the type of material and the disposal location).
G.
The person responsible for maintenance identified under Subsection A(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the operation and maintenance plan and documentation required by Subsection F.
H.
Changes to operation and maintenance plans.
(1)
The owner(s) of the stormwater management system must notify the authorized enforcement authority of changes in ownership or assignment of financial responsibility.
(2)
The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of these regulations by mutual agreement of the authorized enforcement authority and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties shall include owners, persons with financial responsibility, and persons with operational responsibility.
I.
The owner is required to obtain an annual certification from a Professional Engineer (P.E.) registered in Massachusetts that maintenance is being performed on structural best management practices (BMPs). The annual certification must be submitted to the Town with required administrative forms and an operations and maintenance fee.
A.
Pre-construction meeting. Prior to starting clearing, excavation, construction, or land-disturbing activity, the applicant, the applicant's representative, the general contractor or any other person with authority to make changes to the project shall meet with the authorized enforcement authority, to review the permitted plans and their implementation.
B.
Peer reviewer or technical representative inspection. The peer reviewer or technical representative shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the authorized enforcement authority wherein the work fails to comply with the land disturbance permit as approved. The permit and associated plans for grading, stripping, excavating, and filling work, bearing the signature of approval of the authorized enforcement authority, shall be maintained at the site during the progress of the work. In order to obtain inspections, the applicant shall notify the authority at least two working days before each of the following events:
(1)
Erosion and sediment control measures are in place and stabilized;
(2)
Site clearing has been substantially completed;
(3)
Rough grading has been substantially completed;
(4)
Final grading has been substantially completed;
(5)
Close of the construction season; and
(6)
Final landscaping (permanent stabilization) and project final completion.
C.
Applicant inspections. The applicant or his/her agent shall conduct and document inspections of all control measures no less than weekly or as specified in the permit, and prior to and following anticipated storm events. The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for maintenance or additional control measures. The applicant or his/her agent shall submit monthly reports to the authorized enforcement authority in a format approved by the authority.
D.
Utility inspection. Prior to backfilling of any underground drainage or stormwater conveyance structure, the applicant shall request an inspection from the Town's technical representative 24 hours prior to the beginning of such work.
E.
Access permission. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the authorized enforcement authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys or sampling as the authority deems reasonably necessary to determine compliance with the permit.
A.
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 Chapter 213, Article II, does not further the purposes or objectives of Chapter 213, Article II.
C.
All waiver requests shall be reviewed by the enforcement authority and, if necessary, discussed with other Town departments.
D.
If in the enforcement authority's opinion, additional time or information is required for review of a waiver request, the enforcement authority may continue a hearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
Upon completion of the work, the permittee shall submit a report (including certified as-built construction plans) from a Professional Engineer (P.E.) registered in Massachusetts or professional land surveyor (P.L.S.) certifying that:
A.
All erosion and sediment control devices, and approved changes and modifications, have been completed in accordance with the conditions of the approved permit.
B.
All stormwater best management practices (BMPs) have been installed according to the stormwater management plan.
C.
Any discrepancies from the approved permit should be noted in the cover letter.
The authorized enforcement authority will issue a letter certifying completion upon receipt and approval of the final reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw.
The Conservation Commission or an authorized agent shall enforce these rules and regulations, the Stormwater Management Bylaw, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. The provisions are detailed in Chapter 213, Article II, Stormwater Management Bylaw, of the Town's Charter and Bylaws.
If any provision, paragraph, sentence, or clause of these rules and regulations shall be held invalid for any reason, all other provisions shall continue in full force and effect.
A.
The Town reserves the right to amend these rules and regulations and to establish more stringent limitations or requirements as are deemed necessary and appropriate.
B.
The authorized enforcement authority may adopt, and periodically amend, the rules and regulations after public notice and public hearing. Failure by the authorized enforcement authority to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of Chapter 213, Article II, of Lynnfield Town Bylaws.