(C0268-18)
(a)
Article III of this Chapter shall apply to all activities that result in disturbance of ten thousand (10,000) square feet of land or more that drains to the municipal separate storm sewer system (MS4). Except as authorized by the stormwater authority or as otherwise provided in this Chapter, no person shall perform any activity that results in disturbance of ten thousand (10,000) square feet of land or more. There are two (2) levels of reviews based on the amount of proposed land to be disturbed as part of a single project and they are as follows:
(1)
Land disturbance review is required for projects disturbing between ten thousand (10,000) square feet and one-half (1/2) acre of land.
(2)
A land disturbance permit is required for disturbance of greater than one-half (1/2) acre (21,780 square feet) of land or for a proposed use that is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards.
(b)
Exemptions.
(1)
Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling conducted in such a way as not to cause a nuisance;
(2)
Construction of fencing that will not substantially alter existing terrain or drainage patterns;
(3)
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns or result in discharge of sediment to the MS4;
(4)
Normal maintenance and improvement of land in agricultural or aquacultural use; and
(5)
Disturbance or redevelopment of land that is subject to jurisdiction under the Wetlands Protection Act or requires other permits from the Planning Board and demonstrates compliance with the Massachusetts Stormwater Management Standards and the City of Everett stormwater management regulations as reflected in a valid order of conditions issued by the conservation commission.
The stormwater authority is authorized to enact regulations to effectuate the purposes of this Chapter, including but not limited to regulations outlining the application requirements for the different levels of review specified in subsection (a) of this section. Any person that fails to follow the requirements of a land disturbance permit and the related erosion and sedimentation control plan, and the operations and maintenance plan issued under the stormwater management regulations, shall be in violation of the City of Everett ordinances. |