[HISTORY: Adopted by the City of Rochester 6-6-1995 as Ch. 50 of the 1995 Code; amended in its entirety 6-1-2021. Subsequent amendments noted where applicable.]
A. 
This chapter provides for the health, safety, and general welfare of the citizens of the City of Rochester through the regulation of discharges into the City's stormwater drainage system, water bodies, streams, and wetlands in a manner compliant with the requirements of state and federal law, including the provisions of the Clean Water Act[1] governing discharges from municipal separate storm sewer systems (MS4s), as amended. The objectives are as follows:
(1) 
Prohibit unpermitted discharges.
(2) 
Set forth the legal authority and procedures to carry out all inspection, monitoring, and enforcement activities necessary to ensure compliance with this chapter and applicable state and federal laws.
(3) 
Establish design, construction, and post-construction standards for stormwater drainage systems to improve stormwater management, minimize future costs to the City, protect the integrity of the City's water resources, reduce pollution of water bodies, and be compliant with other local, state, and federal regulations. These standards shall be used as part of any site plan and subdivision review processes governing new construction, redevelopment, or any land disturbance activity as well as in the issuance of a stormwater, driveway, or building permits where applicable for any land disturbances.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B. 
The provisions and standards of this chapter are implemented for the following purposes:
(1) 
Managing stormwater runoff to protect water quality and quantity.
(2) 
Reducing pollutant contributions to a water body that is or may become impaired.
(3) 
Improving water quality of stormwater runoff discharged to drainage systems, surface water bodies, or wetlands.
(4) 
Taking preventative measures to avoid increasing stormwater runoff volumes and peak flow rates onto adjacent property more than existing stormwater runoff volumes and peak flow rates under current developed or undeveloped conditions.
A. 
Authority is based on the following New Hampshire statutes that enable local regulation of stormwater as a component of zoning and land use:
(1) 
RSA 674:16, Grant of Power.
(2) 
RSA 674:17, Purposes of Zoning Ordinances.
(3) 
RSA 674:21, Innovative Land Use Controls.
(4) 
RSA 674:36, Subdivision Regulations.
(5) 
RSA 674:44, Site Plan Review Regulations.
B. 
Additional authority for regulation of stormwater discharge.
(1) 
RSA 149-I:6 provides municipal authority to regulate stormwater, independent of land use regulations.
C. 
This chapter is adopted pursuant to the authority vested in the following:
(1) 
The City Council pursuant to RSA 47:13, 47:17, 38:26, 149-I:3 and 149:1:6.
(2) 
The Planning Board pursuant to RSA 674:35, 674:36, 674:44 and 155-E:11.
(3) 
The Building, Zoning, and Licensing Services Department pursuant to RSA 147:1 and 147:14.1.
D. 
This chapter shall become effective upon adoption by the City of Rochester City Council, in accordance with the statutory sections identified above.
A. 
This chapter shall pertain to all land within the boundaries of the City of Rochester, New Hampshire.
B. 
In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance, regulation, code, or covenant in effect in the City of Rochester or with any state statute, with particular reference to New Hampshire RSA 676:14, 674:16 and 674:17 and the relevant subsections therein, the provision which is the more restrictive shall prevail.
The invalidity of any section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall not be held to invalidate any other section, subsection, paragraph, sentence, clause, phrase, or word of this chapter.
This chapter may be amended by the approval of the several boards or entities identified in § 218-2, Authority; when effective, above, provided that each such agency complies with any applicable statutory or local procedures governing its authority to adopt such ordinance. Amendments to zoning aspects shall be approved by City Council.
As used in this chapter, the following terms shall have the meanings indicated:
BEST MANAGEMENT PRACTICE (BMP)
A proven or accepted structural, nonstructural, or vegetative measures, maintenance procedures, and other management practices, the application of which reduces or prevents discharges of pollutants, erosion, sediment, or peak storm discharges to improve the quality of stormwater runoff.
BUFFER
A designated protected area along a watercourse or wetland where development is restricted or prohibited. See the City's Conservation Overlay District Ordinance, Article XII(c),[1] for specific details on buffer setbacks and permitted uses within buffers.
CITY
The City of Rochester, New Hampshire.
CITY ENGINEER
Intended to refer to and identify the City Engineer or his/her designee or any qualified engineering consultant which the City Council, City Manager, Planning Board, Building, Zoning, and Licensing Services Department, Commissioner of Public Works, or their designee(s) engage(s) for the purpose of reviewing any application or plan submitted in accordance with this chapter or determining compliance herewith, when, in their judgment, such review is appropriate or necessary in order to ensure compliance with this chapter or determine if the provisions hereof have been violated.
CONTIGUOUS
Land sharing a common border.
CRITICAL AREAS
Land disturbance of any size where any one of the following applies:
A. 
Within a designated buffer as defined in the City's Conservation Overlay District Ordinance, Article XII(c).[2]
B. 
Within 50 feet of a watercourse or a stream not identified in the City's Conservation Overlay District Ordinance.
C. 
Within a 100-year floodplain identified on the most current effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map.
D. 
Land disturbance exceeding 2,000 square feet in highly erodible soils.
E. 
Land disturbance containing slope greater than 25%.
CRITICAL HABITAT
Habitat needed to support recovery of listed species. When a species is listed under the Endangered Species Act,[3] the State of New Hampshire Fish and Game is required to determine whether there are areas that meet the definition of critical habitat. These are defined as:
A. 
Specific areas within the geographical area occupied by the species at the time of listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection; and
B. 
Specific areas outside the geographical area occupied by the species if the agency determines that the area itself is essential for conservation.
DEPARTMENT OF PUBLIC WORKS (DPW)
The term "DPW" when used in this chapter to designate the reviewing, approval, or enforcement authority hereunder is intended to refer to and identify the City Engineer or any qualified professional engineering consultant which the City Council, City Administrator, Planning Board, Department of Building, Zoning and Licensing Services, DPW Director, or designees engage(s) for the purpose of reviewing any application or plan submitted in accordance with this chapter or determining compliance herewith.
DEVELOPMENT
Any construction or land disturbance or grading activities other than for agricultural and silvicultural practices. (See also "new development and redevelopment" below.)
DISCONNECTED IMPERVIOUS COVER
The portion of impervious cover that is not hydraulically connected to a receiving body of surface water by means of continuous paved surfaces, gutters, drainage pipes or other conventional conveyance. Impervious cover that is treated by low-impact development (LID), as defined in this chapter, is a disconnected impervious cover.
EFFECTIVE IMPERVIOUS COVER
The portion of impervious cover area that is hydraulically connected to the receiving body of surface water by means of continuous paved surfaces, gutters, drainage pipes or other conventional conveyance. Effective impervious cover is the area resulting from impervious cover minus disconnected impervious cover minus treated area.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The federal agency of the United States responsible for implementing the Clean Water Act,[4] including the National Pollutant Discharge Elimination System (NPDES) program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
FILTRATION
The process of physically or chemically removing pollutants from stormwater runoff. Filtration includes practices that capture and store stormwater runoff and pass it through a filtering media such as sand, organic material, or the native soil for pollutant removal. Stormwater filters are primarily water quality control devices designed to remove particulate pollutants and, to a lesser degree, bacteria, and nutrients.
GROUNDWATER RECHARGE
The process by which water seeps into the ground and eventually replenishes groundwater aquifers and surface waters such as lakes, streams, and the oceans. Groundwater recharge maintains flow in streams and wetlands and preserves water table levels that support drinking water supplies.
GROUNDWATER RECHARGE VOLUME (GRV)
Volume of stormwater runoff to be infiltrated as calculated in accordance with New Hampshire Code of Administrative Rules Env-Wq 1504.12.
HIGHLY ERODIBLE SOILS
Any soil with an erodibility class (K factor) greater than or equal to 0.43 in any layer as found in Table 3-1 of the Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire (August 1992 or as updated).
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall consisting of surfaces such as building rooftops, pavement, sidewalks, driveways, compacted gravel [e.g., dense graded aggregate (with fines) used in walkways, driveways, and parking lots].
INFILTRATION
The process of stormwater runoff percolating into the ground (subsurface materials), including stormwater treatment practices designed to capture stormwater runoff and infiltrate it into the ground over a period of days.
LAND DISTURBANCE
Action to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and movement and stockpiling of topsoil.
LARGER PLAN OF DEVELOPMENT
A project in which different parts of a property or properties that are under a common plan of development are either planned to be developed or are developed in geographical or time-based phases.
LOW-IMPACT DEVELOPMENT (LID)
LID is a site planning and design strategy intended to maintain or replicate predevelopment hydrology through the use of site planning, source control, and small-scale practices integrated throughout the site to prevent, infiltrate, and manage stormwater runoff as close to its source as possible. Examples of LID strategies are pervious pavement, rain gardens, green roofs, bioretention basins and swales, filtration trenches, and other functionally similar BMPs located near the stormwater runoff source.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
A federal permit program administered by the EPA governing stormwater discharges under Section 402 of the Clean Water Act.[5]
NEW DEVELOPMENT
Any construction, land disturbance, or improvement of a site or structure with less than 40% existing impervious cover, as described in § 218-10, Post-construction stormwater management. Calculated by dividing the total existing impervious cover by the size of the site and convert to a percentage.
NOTICE OF INTENT (NOI)
Document to apply for coverage under the EPA's construction general permit for stormwater discharges from construction activities.
NOTICE OF TERMINATION (NOT)
Document to end coverage of a construction activity under the EPA's construction general permit.
POLLUTANT
Sediments, total suspended solids (TSS), phosphorus, nitrogen, metals, pathogens, floatable debris, thermal impacts, and oil and other petroleum products. Pollutant also means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean water, gas, other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either to facilitate production or for disposal purposes is approved by authority of the State of New Hampshire and if the state determines that such injection or disposal will not result in the degradation of groundwater or surface water resources.
POLLUTANT LOAD
An estimated amount of pollutants that is discharged to a receiving water body typically measured in units of concentration or mass per time [i.e. concentration (mg/L) or mass (lbs./day)] on an average annual basis.
PROJECT AREA
Area within the subdivision or site plan boundaries plus any areas with associated off-site improvements.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practice of stormwater management and erosion and sedimentation control, including a certified professional in erosion and sediment control (CPESC), a certified professional in storm water quality (CPSWQ) or a licensed professional engineer (PE).
REDEVELOPMENT
Any construction, land disturbance, or improvement on a site that has 40% or more of existing impervious cover area, as described in § 218-10 Post-construction stormwater management. Calculated by dividing the total existing impervious cover area by the parcel size area and convert to a percentage.
RETENTION
The amount of precipitation on a drainage area that does not escape as stormwater runoff. It can be expressed as the difference between total precipitation and the sum of the total stormwater runoff, total evaporation, and total infiltration from an area.
SEDIMENT
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SEWAGE
Domestic and industrial wastewater generated by a community and conveyed in sanitary sewer pipes to treatment facilities.
SITE
A parcel or right-of-way area where construction activities are proposed including but not limited to the creation of new impervious cover and improvement of existing impervious cover.
STABILIZED
When the soil erosion rate approaches that of undisturbed soils. Soils which are disturbed will be considered stabilized when one of the following is achieved:
A. 
A minimum of 85% vegetative cover has been established.
B. 
A minimum of three inches of nonerosive material such as stone or riprap has been installed.
C. 
Erosion control blankets have been installed in accordance with Code of Administrative Rules Env-Wq 1506.03.
STEEP SLOPE
Slopes greater than 25%.
STORMWATER MANAGEMENT AND EROSION CONTROL PLAN (SMECP)
A plan required by the City which outlines project features, proposed temporary and permanent erosion control features, maintenance schedules and practices, and design basis used to establish temporary and permanent stormwater design features.
STORMWATER PERMIT (SWP)
A permit issued by the City of Rochester per the requirements outlined in this chapter.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan required by the Environmental Protection Agency (EPA) that clearly describes appropriate pollution control measures and includes a description of all pollution control measures (e.g., BMPs) that will be implemented as part of the construction activity to control pollutants in stormwater discharges and describes the interim and permanent stabilization practices for the site.
STORMWATER RUNOFF
The water from precipitation that is not absorbed, evaporated, retained, or otherwise stored within the contributing drainage area.
STREAM
Areas of flowing water occurring for sufficient time to develop and maintain defined channels, but which may not flow during dry portions of the year. This includes all perennial and intermittent streams located on U.S. Geological Survey Maps.
TREATED AREA
The area of impervious cover from which stormwater runoff is treated by a stormwater BMP or LID as per the requirements of this chapter.
WATER QUALITY VOLUME (WQV)
Volume of stormwater runoff to be retained or treated as calculated in accordance with New Hampshire Code of Administrative Rules Env-Wq 1504.10.
WATERCOURSE
Any body of water flowing in an identifiable channel or course at least six months of the year.
[1]
Editor's Note: See § 275-12.3 of this Code.
[2]
Editor's Note: See § 275-12.3 of this Code.
[3]
Editor's Note: See RSA 212-A:1 et seq.
[4]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[5]
Editor's Note: See 33 U.S.C. § 1342.
This chapter shall apply to any action that will hinder, alter, add to, or modify the existing stormwater flow, drainage, and/or related infrastructure and any discharges into the stormwater drainage system, water bodies, watercourse, streams, and wetlands within the City of Rochester.
A. 
Requirement for stormwater permit (SWP).
(1) 
Except as permitted by this chapter, no person shall alter land or engage in any activity which causes or contributes to stormwater runoff discharge without first having obtained a stormwater permit (SWP) from DPW for the activities listed in Subsection A(1)(a) and (b) below. Activities exempt from this chapter are described in § 218-7B.
(a) 
Any land disturbance activity within a critical area.
(b) 
Any land disturbance activity more than 5,000 square feet.
(2) 
Nothing in this chapter shall be a defense from noncompliance associated with a stricter standard set forth in a federal NPDES permit requirement and/or imposed under the New Hampshire Department of Environmental Services (NHDES) programs.
B. 
Exemptions. The following allowed activities listed in Subsection B(1) through (7) below are exempt from the requirements of this chapter:
(1) 
Small projects that will result in less than 5,000 square feet of land disturbance and are located outside of critical areas, provided that minimum erosion control measures are applied (refer to § 218-9, Construction site erosion control design standards).
(2) 
Normal maintenance and improvement of land in agricultural use provided in the Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire as established by the New Hampshire Department of Agriculture, Markets and Food, dated June 2011, or as amended.
(3) 
Maintenance of existing landscaping, gardens, or lawn areas.
(4) 
The construction of any fence that will not alter existing terrain or drainage patterns.
(5) 
Construction of utilities (gas, water, sewer, electric, telephone, storm drainage, etc.), disturbing less than 20,000 contiguous square feet, within the limits of an existing paved roadway that will not increase impervious area, or permanently change drainage patterns, and where construction trenches are stabilized at the end of each working day.
(6) 
Disturbance solely related to maintenance and improvement of an existing street or road unless an increase in impervious area is proposed and the disturbance is greater than 20,000 square feet. This exemption applies for roadway projects that do not disturb highly erodible soils (e.g., reclaim and pave, resurfacing, milling).
(7) 
Emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the Department of Building, Zoning and Licensing Services and DPW.
C. 
Requirement for stormwater management and erosion control plan. Proposed projects meeting one or more of the following conditions listed below shall also, as part of the SWP application, submit a stormwater management and erosion control plan (SMECP) to the DPW.
(1) 
A cumulative land disturbance exceeding 20,000 square feet, whether the project is or is not part of a larger plan of development.
(2) 
A subdivision of four or more lots (i.e., major subdivision).
(3) 
Phasing of three or more contiguous lots per year of an existing or proposed subdivision.
(4) 
Construction of utilities (gas, water, sewer, electric, drainage, telephone, etc.) requiring contiguous land disturbance of greater than 20,000 square feet.
(5) 
Any land disturbance activity within a critical area.
A. 
Stormwater permit.
(1) 
For projects that require a stormwater permit as listed under § 218-7, Applicability, Subsection A, and are not otherwise listed as exempt under § 218-7, Applicability, Subsection B, applicants shall submit a completed SWP application to the DPW through the City's online permit center on the City's website (NOTE: https://rochesternh.viewpointcloud.com/).
(2) 
At a minimum, the applicant shall include the following in the SWP application:
(a) 
A description of the proposed construction erosion and sediment controls which meet § 218-9, Construction site erosion control design standards.
(b) 
A description of the proposed post-construction stormwater management measures which meet § 218-10B. Additional post-construction stormwater management controls may be required, at the discretion of the DPW.
B. 
Stormwater management and erosion control plan. For projects that require a SMECP as listed under § 218-7C and are not otherwise listed as exempt under § 218-7B, applicants shall submit at a minimum a SMECP to the DPW the items listed in Subsection B(1) and (2) below. Additional requirements may be requested by the DPW, at its discretion. If a project requires submission of a SWPPP under federal law, the applicant may completely incorporate SMECP requirements into the SWPPP and request that the SWPPP cover both the SWPPP and SMECP requirements.
(1) 
Narrative stormwater management and erosion control report (report). The report shall contain the following items:
(a) 
Description of construction period and earth movement schedule, including anticipated project start and completion dates, sequence and duration of grading and construction activities, and sequence and timing of installation and/or application of soil erosion and sediment control measures as well as sequence for final stabilization of the project site.
(b) 
Description of the on-site and adjacent wetlands, streams, water bodies, or other natural resources; including the date and methods used to identify/delineate these resources; a description of any buffer setbacks that may apply, steep slopes, critical habitat, critical areas, existing vegetation, and 100-year floodplain limits and whether any downstream water bodies are listed as impaired and their impairment according to NHDES's most recent 303(d) list.
(c) 
Description of existing drainage patterns, receiving water bodies, or drainage infrastructure and soil types [as described in § 218-8B(2)(g), below].
(d) 
Description of BMP and LID measures that were considered and are proposed to limit the development footprint, preserve existing vegetation, and mimic existing hydrology to the extent feasible. Describe BMP and LID measures that were considered but determined not to be feasible.
(e) 
Description of proposed changes in impervious cover and any changes in pre- and post-development drainage patterns.
(f) 
Description of the methods, calculations, and proposed measures to demonstrate how the proposed project meets:
[1] 
Construction site erosion control design standards (§ 218-9).
[2] 
Post-construction stormwater management design standards (§ 218-10).
(g) 
Description of the following procedures:
[1] 
Limit and/or optimize the use of deicing materials and minimize off-site increases in chloride levels in adjacent surface and groundwater.
[2] 
Control waste such as discarded building materials, concrete washout, chemicals, litter, and sanitary waste during the construction process that may cause adverse impacts to water quality.
(h) 
An inspection and maintenance plan consistent with § 218-11, Installation, construction, maintenance, and inspection requirements.
(i) 
Copies of pertinent state and federal permits (as referenced in § 218-13, Other required permits).
(j) 
Any other specific study, calculation, or investigation as requested by the City.
(k) 
Certification by a qualified professional.
(2) 
Site development plan. The site development plan shall meet the qualifications as outlined in the site plan or subdivision regulations. The following items are specific to this chapter:
(a) 
Project limit or boundary.
(b) 
Critical areas.
(c) 
Limits of surface waters, wetlands, and drainage patterns, including direction of flow of stormwater runoff using arrows, within the project area and 200 feet outside of project boundary.
(d) 
Limits of watershed delineation any off-site and upstream areas contributing flow to shared drainage channels and/or infrastructure.
(e) 
Limits and type of existing vegetation (including invasive species).
(f) 
Extent of 100-year floodplain boundaries, if published or determined.
(g) 
Soils.
[1] 
Areas of poorly and very poorly drained soils and areas proposed to be filled.
[2] 
Soils information for proposed land disturbance from a National Cooperative Soil Survey soil series map (web-based or hard copy) or a high-intensity soil map of the site, prepared in accordance with Society of Soil Scientists of Northern New England Special Publication No. 1.
[3] 
Highly erodible soils shall be determined by soil series.
(h) 
Earth disturbance.
[1] 
Limits and areas of soil disturbance.
[2] 
Areas of cut and fill.
(i) 
Erosion and sediment control.
[1] 
Location of perimeter controls.
[2] 
Locations of earth stockpiles.
[3] 
Locations of equipment storage and staging.
[4] 
Locations of proposed construction and vehicle or equipment fueling areas.
[5] 
Locations of waste disposal facilities for solid waste, construction debris, sanitary waste, concrete washout, and a plan for stump disposal.
[6] 
Methods of site stabilization.
(j) 
Location of temporary and permanent snow management areas.
(k) 
The location, elevation, and size of all existing and proposed stormwater infrastructure and control measures (e.g., catch basins, dry wells, drainage ditches, and retention ponds).
C. 
Plan review and approval.
(1) 
The Planning Board, Building, Zoning, and Licensing Services Department, and Director of DPW, or designees, may, if in their judgment deem it necessary or helpful to assist in their review of the SMECP, require it be reviewed by a third party registered professional engineer or other professional consultant acceptable to them, the cost of which shall be borne by the applicant. This review cost would be in addition to applicant-borne costs associated with site inspections and water quality monitoring (as applicable), to ensure sensitive resources are adequately protected where proposed projects are deemed to pose a higher risk of potential impacts due to factors, including but not limited to the project size, location, duration and history of the contractor's performance.
(2) 
The DPW or other agency having jurisdiction shall indicate approval of the SMECP, as filed, if it complies with the requirements and objectives of this chapter. As applicable, such approval shall be a component of site plan or subdivision approval.
(3) 
Final SMECP approval shall be contingent upon collection of any required fees or escrow amounts related to technical review of the SWP prepared under this chapter.
D. 
Preconstruction meeting.
(1) 
The applicant and the applicant's engineer (or technical representative) may be required to schedule and attend a mandatory preconstruction meeting with DPW prior to commencement of construction. All required documents to be recorded, escrow deposits and bonding shall be in place prior to the scheduled meeting. Three copies of the SMECP (including the SWPPP and NOI, if required), up-to-date construction schedule, and associated construction documents shall be provided at that time. The SMECP shall bear the seal and signature of the New Hampshire registered professional engineer preparing the documents. The SMECP may be combined with the SWPPP, if labeled as both and meeting the requirements of both. Prior to commencement of construction, the Department of Planning and Development will confirm that the documents submitted meet the conditions of Planning Board approval. An appropriate notation will be made on the official construction set used by the Code Enforcement and DPW. (Note: Preconstruction conferences will typically not be required for construction of one single-family home or one residential duplex, not part of a larger plan of construction.)
(2) 
The Department of Planning and Development and DPW reserve the right to prepare and request the applicant's acknowledgement of a preconstruction checklist.
A. 
Temporary construction stormwater management design. The following design standards shall be applied in planning for stormwater management and erosion control as related to construction. [Note: These standards are in addition to requirements that may be found in other sections of the site plan, subdivision, and other land use regulations or ordinances. These standards are also in addition to requirements set forth in the NH small MS4 NPDES general permit, NPDES general permit for discharges from construction activities, NHDES wetlands permits (RSA 482-A) and the NHDES alteration of terrain rules (RSA 485-A:17).]
(1) 
All measures in the plan shall meet, as a minimum, the BMPs set forth in the New Hampshire Stormwater Manual, Volume 3 (2008 or as updated). A copy of the New Hampshire Stormwater Manual is available from the NHDES website at https://www.des.nh.gov/water/stormwater. (Note: The manuals and website links in this section are provided for information and are subject to change. The most current version of the manual and link reference should be used by the applicant.)
(2) 
Erosion and sediment control measures shall be installed prior to any soil disturbance and shall be reviewed and approved by DPW prior to any land disturbance.
(3) 
Whenever practical, natural vegetation shall be maintained, protected, or supplemented. Stripping of vegetation shall be done in a manner that minimizes soil erosion. Natural buffers shall be maintained.
(4) 
The area of disturbance shall be kept to a minimum and be limited to an area only large enough to accommodate construction activities for a particular construction phase.
(5) 
Measures shall be taken to control erosion within the project area. Sediment in stormwater runoff shall be trapped and retained within the project area. Wetland areas and surface waters shall be protected from sediment. Soil disturbance shall be avoided within established buffer setbacks as defined and consistent with the provisions included in the Conservation Overlay District (Zoning Ordinance § 275-12).
(6) 
Off-site surface water and stormwater runoff shall be diverted away from areas of land disturbance where feasible or implement measures to convey stormwater through the project area without causing erosion of sediment shall be included. Integrity of downstream drainage systems shall be maintained.
(7) 
Perimeter controls.
(a) 
Install sediment controls along any perimeter areas of the site that will receive stormwater runoff.
(b) 
Perimeter controls shall not be placed within wetland areas, stream channels, or wetland buffers.
(8) 
Stabilization.
(a) 
In areas where final grading has not occurred, temporary stabilization measures should be in place within five calendar days for exposed soil areas that are within 100 feet of a surface water body or a wetland and no more than 14 calendar days for all other areas. Permanent stabilization should be in place within three calendar days following completion of final grading of exposed soil areas.
(b) 
Stabilization measures shall be provided with the submission for any disturbance on slopes equal to or steeper than 3H:1V.
(c) 
Specify permanent and temporary erosion and sedimentation control measures, seeding mixtures and rates, types of sod, methods of seedbed preparation, expected seeding dates (or limitations on seeding timeframes), type and rate of lime and fertilizer application, and type and quantity of mulching for temporary and permanent control facilities.
(9) 
Winter construction.
(a) 
For construction during the winter season, an additional erosion and sedimentation control plan and time line shall be submitted by September 1 to the DPW.
(b) 
Additional temporary stabilization shall be deployed for the winter season consistent with New Hampshire Stormwater Manual guidelines for land disturbance that are not permanently stabilized by October 1 or implemented per the discretion of DPW.
(c) 
Active construction areas should be limited to the area necessary to gain access and sustain planned improvements that will be completed during the winter season.
(10) 
Sediment basins and traps.
(a) 
Use of temporary sediment basins should avoid any additional vegetation clearing or site disturbance not otherwise needed for post-construction. Sediment basin locations shall be reviewed by DPW prior to construction and shall consider the potential for off-site impacts, including public safety, especially as it relates to sediment movement or sediment basin failure, and alternative sediment controls approved by DPW shall be used where site limitations preclude a safe design.
(11) 
Waste control.
(a) 
Procedures shall be implemented to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste during the construction process that may cause adverse impacts to water quality.
(12) 
Inspection schedule.
(a) 
All temporary erosion and sediment control measures shall be maintained in functioning condition until final site stabilization is accomplished. A proposed inspection schedule, in accordance with the guidelines of the New Hampshire Stormwater Manual, or NPDES general permit for discharges from construction activities shall be included in the submittal.
(13) 
Removal of temporary controls.
(a) 
All temporary erosion and sediment control measures shall be removed after the site is stabilized unless the measures are intended to be left in place and approved by DPW on a case-by-case basis. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within three calendar days unless conditions dictate otherwise.
The following design standards shall be applied for post-construction stormwater management. [Note: These standards are in addition to requirements that may be found in other sections of the site plan, subdivision, and other land use regulations or ordinances. These standards are also in addition to requirements set forth in the NH small MS4 NPDES general permit, NPDES general permit for discharges from construction activities, NHDES wetlands permits (RSA 482-A), and the NHDES alteration of terrain rules (RSA 485-A:17).]
A. 
Design guidelines.
(1) 
All proposed stormwater treatment practices and measures shall be appropriately selected, designed, installed, and maintained in accordance with manufacturers' specifications and performance specifications in the New Hampshire Stormwater Manual, Volume 2 (2008 or as updated), a copy of which is available from the NHDES website at https://www.des.nh.gov/water/stormwater
(2) 
Innovative stormwater practice design standards that have been demonstrated to have treatment benefits in accordance with the purpose and objectives of this chapter may be accepted at the discretion of the DPW and may include techniques or practices in use and accepted by other jurisdictions (e.g., state agencies, municipalities, EPA). This may include proprietary and nonproprietary allowing for the continued advancement of the practice.
(3) 
Annual pollutant removal from structural and nonstructural BMPs shall be calculated using methods consistent with the following:
(a) 
Attachment 3 to Appendix F of the 2017 New Hampshire small MS4 general permit (as modified January 6, 2021), the stormwater BMP performance analysis for EPA Region 1, or other tools provided by EPA Region 1 consistent with these resources.
(b) 
If the specified EPA Region 1 tools do not provide annual pollutant load removal performance data for planned or installed BMP types, the New Hampshire Stormwater Manual, Volume 2 (2008 or as updated) BMP design guidance or performance standards may be used.
(4) 
Design storm depths shall be based on local rainfall amounts using the extreme precipitation table provided by the Northeast Regional Climate Center located at http://precip.eas.cornell.edu/.
(5) 
The design of the stormwater drainage system shall provide for the discharge of stormwater without flooding or functional impairment to streets, adjacent properties, downstream properties, soils, or vegetation.
(6) 
Stormwater management systems designed to treat stormwater runoff generated from new development and redevelopment sites discharging to water bodies that are water quality limited due to nitrogen or their tributaries without an approved total maximum daily load [as listed on the most current version of the NHDES 303(d) list] shall additionally optimize stormwater treatment practices for nitrogen removal.
B. 
Low-impact development (LID) design strategies.
(1) 
LID site planning and design strategies shall be used to the maximum extent practicable for both new development and redevelopment projects to reduce the discharge of stormwater runoff volume, protect water quality, and maintain predevelopment site hydrology. LID techniques include preserving existing vegetation, reducing impervious footprint, disconnecting impervious area, and using enhanced stormwater BMPs (such as rain gardens, bioretention, tree box filters and similar stormwater practices) in landscaped areas. Applicants shall document why LID strategies are not feasible if not used to manage stormwater, and such documentation shall be approved by DPW during review of the stormwater management system.
(2) 
Whenever practicable, native site vegetation shall be maintained, protected, or supplemented. Any stripping of vegetation shall be done in a manner that minimizes soil erosion.
C. 
Stormwater management design standards for new development. For proposed projects that meet the definition of new development or meet the requirements for a SMECP (§ 218-7C), the following standards shall be met:
(1) 
Pollutant discharge minimization requirements.
(a) 
Stormwater runoff from the total post-construction impervious area shall be treated on the development site to achieve at least 80% removal of the average annual load of total suspended solids (TSS) and 50% removal of both total phosphorus (TP) and total nitrogen (TN) using appropriate stormwater treatment measures and pollutant removal calculation methods consistent with this chapter.
(b) 
Stormwater runoff shall not be discharged to municipal drainage systems or privately owned drainage systems (whether enclosed or open drainage) or to surface water bodies and wetlands, unless it meets the minimum pollutant discharge requirements in Subsection C(1)(a) above or is from a vegetated area conveyed as sheet flow.
(c) 
Stormwater treatment practices shall be designed for the water quality volume (WQV) or water quality flow (WQF), as applicable, calculated in accordance with Code of Administrative Rules Env-Wq 1504.10 and 1504.11, respectively.
(d) 
No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, noxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface water or groundwater so as to contaminate, pollute, harm, impair, or not meet water quality standards of such waters.
(e) 
All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials shall meet the regulations of NHDES, including those involving underground storage tanks, aboveground storage tanks, hazardous waste, and required BMPs for groundwater protection (Code of Administrative Rules Chapter Env-Wq 401).
(f) 
The physical, biological, and chemical integrity of the receiving waters shall not be degraded by the stormwater runoff from the development site.
(2) 
Groundwater recharge requirements.
(a) 
Measures shall be taken to protect groundwater resources by reducing the post-development stormwater runoff volume by infiltrating the groundwater recharge volume (GRV) according to the following ratios of hydrologic soil group (HSG) type versus infiltration rate multiplier: HSG-A: 1.0; HSG-B: 0.75; HSG-C: 0.4; HSG-D: 0.15.
(b) 
For sites where infiltration is limited or not practical, the applicant shall demonstrate that the stormwater volume discharged from the site will not cause adverse impacts to downstream properties, infrastructure, aquatic habitat, or water quality degradation in downstream water bodies.
(3) 
Peak stormwater runoff and volume control requirements.
(a) 
Measures shall be taken to control the post-development peak rate of stormwater runoff and volume so that it does not exceed the predevelopment peak rate of stormwater runoff and volume for the two-year, ten-year, and twenty-five-year, twenty-four-hour design storm.
(b) 
Runoff shall not be discharged to surface water bodies or wetlands more than volumes discharged under existing conditions (developed condition or undeveloped condition).
(c) 
If an increase in post-development peak rate or volume is anticipated due to site constraints that limit the ability to implement LID measures, the applicant shall demonstrate that the project will not cause adverse impacts to downstream properties, infrastructure, aquatic habitat or water quality degradation in downstream water bodies.
(4) 
Flooding impacts.
(a) 
Where proposed changes are anticipated within mapped limits of the 100-year floodplain, applicant must meet § 275-13 of the Zoning Ordinance regarding the Flood Hazard Overlay District.
D. 
Stormwater management design standards for redevelopment.
(1) 
For sites meeting the definition of a redevelopment site, the project shall meet one of the following stormwater treatment standards:
(a) 
Implement measures on-site that result in disconnection or treatment of at least 30% of the existing impervious cover and 50% of the additional proposed impervious cover and pavement areas preferably using infiltration or filtration practices.
(b) 
Implement other LID techniques on-site to the maximum extent practicable to provide treatment for at least 50% of the entire site area.
(c) 
Provide off-site mitigation if Subsection D(1)(a) or (b), above, cannot be met due to site constraints. Off-site mitigation shall be equivalent to no less than the total area of impervious cover or site area not treated on-site in accordance with Subsection D(1)(a) or (b) above.
[1] 
An approved off-site location shall be identified, the specific management measures identified, and an implementation schedule developed in accordance with Planning Board approval. The applicant shall also demonstrate that there are no downstream drainage or flooding impacts because of not providing on-site management for large storm events.
[2] 
Off-site mitigation must be implemented within the same United States Geological Survey HUC10 or smaller watershed, within the project's drainage area or within the drainage area of the receiving water body. To comply with local watershed objectives the mitigation site should be in the same watershed as the development and impact/benefit the same receiving water.
E. 
Stormwater treatment practice selection and specifications.
(1) 
Existing surface waters including lakes, ponds, rivers, perennial and intermittent streams, and wetlands (including vernal pools) shall be protected by the minimum buffer setbacks as specified in the Conservation Overlay District Zoning Ordinance.[1] Stormwater management BMPs shall be located outside the specified buffer zone unless otherwise approved by the Planning Board. Alternatives to stream and wetland crossings that eliminate or minimize environmental impacts shall be considered whenever possible. When necessary, as determined by the Planning Board or their representative, stream and wetland crossings shall comply with state stream crossing rules (Code of Administrative Rules Chapter Env-Wt 900), as appropriate, and, the recommended design standards to minimize impacts to flow and enhance animal passage [see the University of New Hampshire's New Hampshire Stream Crossing Guidelines (May 2009, as updated), available from the NHDES website at http://des.nh.gov/organization/divisions/water/wetlands/documents/nh-stream-crossings.pdf.]
[1]
Editor's Note: See Chapter 275, Article XII, of this Code.
(2) 
Selection of stormwater treatment practices shall consider the use of pervious parking surfaces as an alternative to impervious asphalt or concrete for general and overflow parking areas. Pervious pavement shall be appropriately sited and designed for traffic and vehicle loading conditions. Pervious pavement shall be maintained, and a post-construction inspection and maintenance agreement prepared in accordance with § 218-11C.
(3) 
Selection and design of stormwater treatment and infiltration practices shall follow guidance in the New Hampshire Stormwater Manual, Volume 2 (2008 or as updated). Design considerations shall include the following, as appropriate:
(a) 
Where practical, the use of natural, vegetated filtration and/or infiltration BMPs or subsurface gravel wetlands for water quality treatment is preferred.
(b) 
Infiltration BMPs shall be in locations with the highest permeability on the site. If these areas are needed for other use, documentation shall be provided to DPW detailing the reasons the infiltration BMPs are located outside the highest permeability area and that the permeability of the soil is sufficient for the intended use.
(c) 
All infiltration areas shall be designed to drain within a maximum of 72 hours for water quality and flood control.
(d) 
BMP design shall account for frozen ground conditions when the devices may not function at their optimal design.
(e) 
For sites where infiltration is limited due to existing soil conditions and increases in post-development stormwater runoff volumes are expected, the applicant shall demonstrate with supporting calculations that the increased stormwater volume to be discharged will not cause adverse impacts to downstream properties, infrastructure, aquatic habitat or water quality degradation in downstream water bodies.
(f) 
All vegetated stormwater management systems shall be planted with native plants appropriate for the site conditions: grasses, shrubs, trees and/or other native plants in sufficient numbers and density to prevent soil erosion and to achieve the water quality treatment requirements of this section.
(4) 
The design of the stormwater treatment systems shall account for upstream and upgradient stormwater runoff that flows onto, over, or through the site to be developed or redeveloped and provide for this contribution of stormwater runoff.
(5) 
Stormwater runoff shall be directed into recessed vegetated and landscape areas designed for treatment and/or filtration to minimize effective impervious cover and reduce the need for irrigation systems.
(6) 
Access for maintenance of stormwater facilities shall be provided as part of the design. Access easements may be required.
(7) 
Deicing material storage areas shall be located under cover and loading, and off-loading areas shall be designed and maintained such that untreated stormwater runoff is not discharged to receiving waters. Snow storage areas shall be located such that no direct untreated discharges to receiving waters are possible from the storage site. Stormwater runoff from snow and deicing storage areas shall enter treatment areas as specified above before being discharged to receiving waters or allowed to infiltrate into the groundwater. See NHDES guidance facts sheet on storage and management of deicing materials, a copy of which is available on the NHDES website at https://www4.des.state.nh.us/nh-ms4/wp-content/uploads/2020/11/Salt-Storage.pdf
F. 
Stormwater drainage system specifications.
(1) 
Drainage design should follow the design guidelines contained in the Manual on Drainage Design for Highways, as published by the State of New Hampshire Department of Transportation or the New Hampshire Stream Crossing Guidelines, as published by the University of New Hampshire.
(2) 
Design criteria.
(a) 
All closed drainage systems shall be sized for the twenty-five-year, twenty-four-hour storm frequency. All drainage pipes larger than 48 inches shall be designed to accommodate a fifty-year, twenty-four-hour storm frequency event.
(b) 
All drainage culverts shall be sized in accordance with the New Hampshire stream crossing guidelines. Calculations should also be provided to demonstrate that the proposed culvert can safely convey the twenty-five-year, twenty-four-hour storm frequency for culverts with an opening equivalent to a pipe diameter less than 48 inches. For culvert openings equivalent to a pipe diameter greater than 48 inches, calculations should be provided for the fifty-year, twenty-four-hour storm frequency.
(c) 
If the project will affect drainage flow to an existing roadway culvert or if a detention or retention area is proposed, a minimum of a twenty-five-year storm shall be used to evaluate potential off-site effects. If a state-owned or -maintained culvert is affected by the development, State of New Hampshire Department of Transportation (NHDOT) guidelines shall be used for evaluation of the culvert. Written approval from the NHDOT shall be submitted before final approval is granted.
(d) 
All slopes equal to or steeper than 2:1 adjacent to a public right-of-way shall have stabilization details provided with the submission.
(e) 
Proposed riprap within a public right-of-way shall be placed a minimum of 12 inches deep.
(3) 
Velocities.
(a) 
For open channel systems (e.g., swales), velocities less than 10 feet per second are required prior to entering a swale. Maximum design velocity within the swale shall be 1.0 foot per second during passage of the twenty-five-year, twenty-four-hour storm.
(b) 
For closed drainage systems, a minimum velocity of two feet per second is required. Velocities of greater than 10 feet per second may be allowed, at the discretion of DPW.
(4) 
Access for maintenance of stormwater facilities shall be included as part of the design, where necessary. Access easements may be required.
A. 
Requirements.
(1) 
Site development shall not begin before the SMECP has been reviewed and approved by the City and, if applicable, all Planning Board conditions have been fulfilled. BMPs shall be installed as designed and scheduled as a condition of final approval of the SMECP. In cases where a SWPPP is provided to comply with the EPA construction general permit, the SWPPP contents can be used to fulfill components of the SMECP in the final review and approval of the SMECP. In addition, site development shall not begin until a NOI has been acknowledged by the EPA (if applicable).
(2) 
The DPW or Department of Planning and Development may require a bond or other security with surety conditions in an amount satisfactory to the City, providing for the actual construction, installation, and removal of such measures within a period specified by the City and expressed in the bond or the security.
(3) 
The Department of Planning and Development, DPW, or Office of Code Enforcement may require the owner or his/her authorized agent to deposit in escrow with the City an amount of money sufficient to cover the City's cost for inspection and any professional assistance required for site compliance and monitoring.
(4) 
The owner of record of the property shall record the notice of decision and a stormwater inspection and maintenance agreement at the Registry of Deeds. The stormwater inspection and maintenance agreement shall include a maintenance and inspection plan meeting all requirements in Subsection C(1), below.
B. 
Responsibility.
(1) 
Responsible parties during construction.
(a) 
Commercial and industrial development and/or redevelopment. The owner, and owner's legally designated representative (if any) shall all hold responsibility for implementing the SMECP. This includes but is not limited to the installation, construction, inspection, and maintenance of all stormwater management and erosion control measures required by the provisions of this chapter.
(b) 
Residential development and redevelopment. The owner is responsible for implementing the SMECP. Excluding any post-development requirements of plan implementation, there are two ways for the City to consider an owner to be removed as the responsible party (the owner may also be required to comply with other regulating entities' additional requirements):
[1] 
The owner completes the project in a manner satisfactory to the City and if a NOI has been filed for the project, the NOI permittee files a notice of termination (NOT) with the EPA in accordance with the terms of the federal requirements.
[2] 
The owner passes legal responsibility for the SMECP to another competent party. In the case of a new subdivision where lots may be transferred to a different entity for construction of the buildings, it is the owner's responsibility to ensure that the owner has a legal basis to require compliance by the new entity.
(c) 
Individual homeowner development. The homeowner or a homeowner who has taken control of a subdivided property bears responsibility for compliance with the approved SMECP. If the homeowner is contracting building services to another person or entity, the homeowner may choose to pass legal responsibility of compliance to the contracted entity. If the responsibility is not passed, the homeowner remains the responsible party and shall comply with the terms of the original SMECP.
(2) 
Responsible parties, post-construction/long-term maintenance. Long-term maintenance of approved stormwater practices shall be ensured through the stormwater inspection and maintenance plan as described in Subsection D(1), below. Responsibility for implementing the inspection and maintenance plan is as follows:
(a) 
Commercial and industrial development and/or redevelopment. The owner, and owner's legally designated representative (if any) shall all hold responsibility for implementing the maintenance and inspection plan. The responsible party(ies) may contract with one or more third parties to conduct the inspection and maintenance activities but shall remain responsible for ensuring long-term effectiveness and maintaining records as required by Subsection C, below.
(b) 
Residential development and/or redevelopment. For residential development and/or redevelopment where a homeowners' association will not be established, the individual homeowners share joint and several liability for implementing the maintenance and inspection plan. For residential developments where a homeowners' association will be established, the following applies:
[1] 
The homeowners' association shall assume responsibility and be specified as such in the documentation that establishes the association.
[2] 
If the homeowners' association is dissolved or discontinued, the individual homeowners share joint and several liability for maintenance and inspection activities.
(c) 
The responsible party(ies) may contract with one or more third parties to conduct the inspection and maintenance activities but shall remain responsible for ensuring long-term effectiveness and maintaining records as required by Subsection C, below.
C. 
Post-construction inspection and maintenance.
(1) 
The stormwater inspection and maintenance agreement shall include an inspection and maintenance plan for post-construction monitoring of stormwater BMPs to ensure long-term performance and functionality, including the following:
(a) 
Details of each BMP, including a plan showing the location of each BMP.
(b) 
Name of responsible party for inspections and maintenance.
(c) 
Proposed schedule of inspection frequency consistent with the New Hampshire Stormwater Manual.
(d) 
Inspection checklist and photo documentation requirements.
(e) 
A sample log to document each inspection and maintenance activity.
(f) 
A sample deicing log to track amount and type of deicing materials applied to the site.
(g) 
Description of maintenance response actions, including actions to be taken if invasive species begin to grow in the BMPs.
(h) 
Documentation of how reports will be completed, submittal and retention procedures, and contingency plans if future maintenance is required.
(2) 
The owner of record of the property shall record the approved stormwater inspection and maintenance agreement at the Registry of Deeds.
(3) 
Inspections shall be conducted by a third-party qualified professional.
(4) 
Responsible party(ies) shall remain responsible for ensuring long-term effectiveness and maintaining records as required by the inspection and maintenance plan.
(5) 
Inspections of the post-construction BMPs shall be conducted at the frequency specified in the inspection and maintenance plan. Copies of inspection reports shall be made available upon request to DPW.
D. 
Providing site access for maintenance and inspection. Municipal staff or their designated agent shall have site access to complete routine inspections to ensure compliance with the approved SMECP. Such access shall be implied with the issuance of a SWP and/or as indicated in development approvals. Such inspections shall be conducted at a time agreed upon with the owner of record. If permission to inspect is denied by the landowner, it shall be deemed a violation. Municipal staff or their designated agent reserve the right to secure an administrative inspection warrant from the district or superior court under RSA 595-B, Administrative inspection warrants. Expenses associated with inspections shall be the responsibility of the property owner.
E. 
Notification for spills or other nonstormwater discharges. As soon as any owner, owner's agent, or designated person responsible for a facility, site, activity, or operation has information of any known or suspected release of pollutants or nonstormwater discharges which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal storm drain system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release to minimize the effects of the discharge. If said individual is not competent to assess, contain, or clean up, that person shall immediately notify another competent individual or firm. If the substance poses an immediate health or safety concern (emergency situation), the City of Rochester Emergency Services shall immediately be notified, and then notification shall be made to the City of Rochester Office of Building, Zoning and Licensing Services, and the DPW. Notifying the City of Rochester does not preclude, supersede, or provide any liability coverage for any federal- or state-required notifications related to material spills. In nonemergency situations, notification should be made as soon as possible; however, no later than the next business day following an event.
F. 
Installation, construction, maintenance and inspection requirements and responsibilities; post-construction inspection and maintenance. All applicants requiring a stormwater management and erosion control plan shall submit relevant pollutant accounting information to the Planning Department as required by the Department of Public Works. Required information shall be submitted at the time of as-builts.
[Added 6-7-2022]
In addition to local approval, copies of the following permits shall be required if applicable:
A. 
Alteration of terrain permit. RSA 485-A:17 requires a permit from NHDES for "any person proposing to significantly alter the characteristic of the terrain, in such a manner as to impede natural runoff or create an unnatural runoff." Regulations require this permit for any project involving more than 100,000 contiguous square feet of disturbance or 50,000 contiguous square feet in the protected shoreland.
B. 
EPA construction general permit for stormwater discharges associated with construction activity under the NPDES program. A permit issued by EPA or by the state under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States. For a cumulative disturbance of one acre or more of land that EPA considers "construction activity," which includes but is not limited to clearing, grading, excavation, and other activities that expose soil typically related to landscaping, demolition, and construction of structures and roads, a federal permit will be required. Consult EPA for specific rules. This EPA permit is in addition to any state or local permit required. To apply, the entity or individual responsible for construction site operations shall file a NOI with the EPA at least seven days prior to initiating work. Discharge is authorized when the application status is listed as "authorized" in the EPA public NOI database or when the applicant receives an EPA authorization letter by mail.
C. 
Wetlands permit. RSA 482-A requires a permit from the NHDES for any person desiring to "excavate, remove, fill, dredge or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state."
A. 
Prohibition of illegal discharges.
(1) 
No person shall allow or cause to be allowed any discharge into the municipal storm drain system or watercourses that is not composed entirely of stormwater, or any stormwater containing any pollutants that cause or contribute to a violation of applicable water quality standards. The commencement, conduct, or continuance of any such discharge is prohibited except as follows:
(a) 
Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioner condensate, springs, individual resident car washing, material riparian habitat or wetland flows, dechlorinated swimming pool water [less than one part per million (ppm) chlorine], firefighting activities, street wash waters and residential building wash waters without detergents or other pollutants, and any other water source not containing pollutants.
(b) 
Discharges specified in writing by the City and other governing bodies as being necessary to protect public health and safety.
(c) 
Dye testing is an allowable discharge but requires written and verbal notification to DPW at least 10 days prior to testing. DPW reserves the right to require additional information prior to testing and such information shall be provided at least two business days prior to testing.
(d) 
In the event the City determines that any of the above discharges is causing or contributing to the violation of any applicable water quality standards, the City may order the discharger to immediately cease such discharge.
(2) 
Any nonstormwater discharge permitted under an NPDES stormwater discharge, waiver, or consent order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm sewer system.
B. 
Prohibition of illicit connections.
(1) 
An illicit connection is any connection to the municipal storm drain system that is not composed entirely of stormwater or contains a discharge that is prohibited in Subsection A(1)(a), above.
(2) 
The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
C. 
Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly restrict the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
A. 
Conditions for granting of waivers.
(1) 
The Planning Board or DPW may waive any provision of these regulations herein where the board or DPW finds that:
(a) 
Strict conformity would pose an unnecessary hardship to the applicant and the waiver would not be contrary to the spirit and intent of these regulations; or
(b) 
Specific circumstances relative to the SMECP or the conditions of the land in the SMECP indicate that the waiver will properly carry out the spirit and intent of these regulations.
(2) 
The basis for any waiver granted by the Planning Board shall be recorded in the minutes of the Board or DPW shall record with the conditions in the permit.
A. 
The Department of Building, Zoning and Licensing Services, DPW Director, City Engineer, Planning Board, or their designee, and subject to the provisions below, shall have the authority to enforce all aspects of this chapter. In that regard, said official(s) shall be empowered hereby to invoke all statutory enforcement prerogatives that may be applicable to the purported violation as it relates to any plan submitted hereunder or activity regulated hereby. By way of illustration and not by way of limitation, it is contemplated that the following statutory enforcement prerogatives would apply:
Type of Proposal
Applicable Board or Authority
Applicable Enforcement Statute
Site plan and subdivision proposals
Planning Board
RSA 676:15, RSA 676:16, RSA 676:17, RSA 676:17-a, and RSA 676:17-b
Proposals affecting single existing tracts
Building, Zoning and Licensing, Planning Board
RSA 147:9, RSA 676:17, RSA 673:1(V), and RSA 676
Proposals affecting existing public roads or public stormwater systems in place
City Council or DPW
RSA 47:17 and RSA 25:9-V-a.
Proposals affecting any water/sewer infrastructure in place
City Council or DPW
RSA 38:26, II, and RSA 149-I:6, III
Proposals involving earth material removal permits or other mining activities regulated by RSA 155-E
Planning Board
RSA 155-E:10
B. 
The Department of Building, Zoning and Licensing Services, DPW Director, Health Officer, or their designee is authorized by means of this chapter to take any action to enforce this chapter and to act on behalf of the various boards or agencies identified above. It is intended that said Department of Building, Zoning and Licensing Services, DPW Director, Health Officer, or their designee shall have the authority to seek individual specific remedies, including, where appropriate, suspension or revocation of any permit or approval issued hereunder, additional monitoring, injunctive relief, the issuance of notices of violation, the pursuit of civil and/or criminal sanctions, or, without limitation, any other sanction as authorized by applicable law, regulation or statute. Nothing herein shall be interpreted to limit or otherwise curtail any statutory authority which the City is entitled to exercise independent of this chapter.
C. 
Nothing in this section is intended to limit in any way the Department of Building, Zoning and Licensing Services, DPW Director, Health Officer, or their designee from exercising any authority that state law allows them to exercise on behalf of any state agency which has preemptive or concurrent jurisdiction over any conduct that would be considered a violation of this chapter.
D. 
Notwithstanding anything to the contrary, nothing herein is deemed to affect the enforcement discretion of the City under applicable law.