These Stormwater Regulations apply to all activities subject to §
165-4, Applicability, of the Stormwater Management and Erosion Control Bylaw, Chapter
165 of the Town Code, except as exempted in §
165-4B or unless the Planning Board or its designated agent has determined that the provisions of these regulations and bylaw should be waived for the particular activity pursuant to §
165-9 of the bylaw. Projects and/or activities not specifically under the currently regulated jurisdiction of any of the Town of North Andover boards, commissions or departments but still within the jurisdiction of the Town of North Andover Stormwater Management and Erosion Control Bylaw are also subject to these regulations.
Activities entailing land disturbance or change in surface material (e.g., paving or repaving) of over 43,560 square feet (one acre) must obtain a land disturbance permit from the Planning Board or its designated agent in accordance with the permit procedures and requirements defined in Article
VI of these regulations.
A. If the area of disturbance is less than 43,560 square feet, but either
the project site or the area of land draining to it (based on existing
topography and surface hydrology) is greater than or equal to 43,560
square feet, and if any alteration in the direction, rate, timing,
quantity or quality of runoff from the site is proposed, a land disturbance
permit is also required. For example, if a property owner wants to
relocate an existing drainage swale on his property and the upgradient
area that flows to the swale is at least 43,560 square feet, a permit
will be required.
B. For the purposes of calculating the area of land disturbed or changes
in surface materials, the methodology set forth by the Environmental
Protection Agency (EPA) in the stormwater regulations applicable to
the Town of North Andover, 40 CFR 122.26(b)(15)(i), will be followed.
Specifically, a potential permittee shall apply for a permit if a
single construction activity will disturb 43,560 square feet or more
of land or will disturb less than 43,560 square feet but is part of
a larger common plan of development or sale that would disturb 43,560
square feet or more. A "larger common plan of development or sale"
means a contiguous area where multiple separate and distinct construction
activities are planned to occur at different times on different schedules
under one plan, e.g., a housing development of five quarter-acre lots.
A single operator with multiple, but separate and distinct, construction
activities not part of a larger common plan of development or sale,
as defined in this subsection, need not apply for a permit so long
as each distinct construction activity disturbs less than 43,560 square
feet of land.