Article VII Erosion Control

Projects that exceed the threshold in § 125-58E(3)(a) and are not exempt under § 125-58C, or have not been issued a waiver, shall require an erosion control permit in accordance with this section; and

Permit issuance by the Planning Board is required prior to any site-altering activity.

Fee.

At the time of an application, the applicant shall pay a fee of $25 as specified on the erosion control application; and

The Planning Board may waive the filing fee, consultant fee, and costs and expenses for an application filed by a government agency, the Town, or a nongovernmental organization working in the interest of the Town.

Minor permit application process:

The applicant may arrange for a site walk with the Planning Board designee to view the project area and discuss protective measures prior to the submittal of an application;

The applicant shall complete the erosion control application;

The applicant shall provide a sketch plan showing limit of work, scope of work and proposed best management practices (BMPs);

(4)

The applicant shall provide a project narrative that includes a description of the proposed project and a description of how and where stormwater will be controlled and erosion and sediment controls to be used;

(5)

The plan for tree removal as approved by Tree Warden if required by § 125-58E.

(6)

Planning Board designee shall provide the applicant with a packet of materials, including best management practices (BMPs) and other guidance regarding erosion control. Applicant must sign a receipt of acceptance for these materials prior to receiving the permit; and

(7)

Permit issuance by the Planning Board or its designee is required prior to any site-altering activity.

§ 133-39 Major permit procedure.

[Amended 6-16-2025]

Permit required.

Projects that exceed the threshold in § 125-58E(3)(b) and are not exempt, under § 125-58C, or have not been issued a waiver, shall require an erosion control permit in accordance with this section; and

Permit issuance by the Planning Board is required prior to any site-altering activity.

Fee.

At the time of an application, the applicant shall pay a filing fee of $200 as specified on the erosion control application; and

Major permit application filing. Applications for erosion control permits shall include the materials as specified below. Applicants shall file one original completed application packet and seven copies. Application packets shall include:

Written application for an erosion control permit shall be filed with the Planning Board to perform activities affecting areas protected by § 125-58. The application shall include such information and plans as are deemed necessary by the Planning Board to describe proposed activities and their effects on the areas and at a minimum include:

(a)

Completed erosion control application form;

(b)

Filing fee of $200;

(c)

Project narrative that includes a description of the proposed project and a description of how and where stormwater will be controlled and erosion and sediment controls to be used, plus a description of any specimen trees within the project area; and

(d)

The plan for tree removal as approved by Tree Warden if required by § 125-58E.

(e)

Engineered plan set, signed and stamped by a professional engineer or a professional land surveyor registered in the Commonwealth of Massachusetts, and drawn at a legible scale and including:

[1]

Existing conditions plan;

[2]

Proposed conditions plan; and

[3]

Erosion control plan.

The existing and proposed conditions plans shall identify significant natural features and native trees greater than a diameter of six inches within the project area.

The erosion and sediment control plan shall include the following related specifically to the disturbance area:

(a)

Location of all structural and nonstructural erosion and sediment control measures and BMPs;

(b)

Locations where stabilization practices are expected to occur;

(c)

Locations for storage of materials, waste, vehicles, equipment, soil, snow, and other potential contaminants;

(d)

Operations and maintenance plan for BMPs including inspections and maintenance activities as noted in § 133-41 below;

(e)

Areas where previous stabilization has been accomplished and no further construction-phase permit requirements apply; and

(f)

Any other information deemed necessary by the Planning Board.

§ 133-40 Review standards.

The applicant shall demonstrate that the following measures are employed in development of the site:

Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees;

Sites shall be designed in such a way as to avoid impacts to rare and endangered species and their habitat on a site, and to maintain contiguous forested areas to the extent practicable; and

In the design of a site, priority shall be given to retention of existing stands of trees, trees at site perimeter and contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions).

§ 133-41 Permits and conditions.

Erosion control permit and approved plans shall be posted at the work site over the duration of site disturbance, construction, and post-construction cleanup;

No activities shall commence without receiving and complying with an erosion control permit issued pursuant to § 125-58;

Understory vegetation beneath the dripline of preserved trees shall also be retained in an undisturbed state. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state;

Development envelopes for structures, driveways, wastewater disposal, lawn areas, and utility work shall be designated to limit clearing and grading;

Other efforts to minimize the clearing and grading on a site associated with construction activities shall be employed, such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, etc., in areas already planned for permanent structures. Topsoil, gravel, or other construction or landscaping materials shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers. All of these measures shall be depicted on the engineered site plans;

Finished grades should be limited to no greater than a 2:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible;

The proper site management techniques that will be followed during construction:

BMPs shall be employed to avoid detrimental impacts to existing vegetation, soil compaction, and damage to root systems; and

The extent of a site exposed at any one time shall be limited through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas;

Protection of the site during construction through adequate erosion and sedimentation controls:

Temporary or permanent diversions, berms, grassed waterways, special culverts, shoulder dikes or such other mechanical measures as are necessary may be required by the Planning Board to intercept and divert surface water runoff. Runoff flow shall not be routed through areas of protected vegetation or re-vegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed to BMPs such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 2:1;

Erosion and sedimentation controls shall be constructed in accordance with § 147-16A(1) of the Code of the Town of Harvard;

Erosion control measures shall include the use of erosion control matting, silt fencing, silt sacks, mulches, and/or temporary or permanent cover crops as may be most appropriate for the area. Erosion control measures damaged from heavy rainfalls, severe storms, and construction activity shall be repaired immediately;

(a)

Erosion control matting or mulch shall be anchored:

[1]

Where plantings are on areas subject to mulch removal by wind or water flows.

[2]

Where side slopes are steeper than 2:1 or exceed 10 feet in height.

[3]

During the months of October through March when seeding and sodding may be impractical, anchored mulch may be applied at the Planning Board's discretion.

Runoff from impervious surfaces shall be recharged on the site by stormwater infiltration basins, vegetated swales, constructed wetlands, rain gardens, or similar systems covered with natural vegetation. Runoff shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only where other methods are not feasible. All such basins and wells shall be preceded by oil, grease, and sediment traps. The mouths of all catch basins shall be fitted with filter fabric during the entire construction process to minimize siltation, or such basins shall be designed as temporary siltation basins with provisions made for final cleaning. Such facilities shall be subject to post-construction monitoring as per § 133-42 below, and the Planning Board may request either a performance bond, additional funds for engineer inspections, or both; and

Revegetate the site immediately after grading:

Proper revegetation techniques shall be employed using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading and shall occur during the planting season appropriate to the selected plant species;

A minimum of four inches of topsoil shall be placed on all areas subject to land disturbance which are proposed to be planted; and