A.
An operation and maintenance plan (O&M Plan) for the permanent
stormwater management system is required at the time of application
for all projects that include structural and nonstructural stormwater
BMPs. The O&M Plan shall be designed to ensure compliance with
the permit, these regulations, the Massachusetts Stormwater Management
Standards, and the Massachusetts Surface Water Quality Standards contained
in 314 CMR 4.00 in all seasons and throughout the life of the system.
B.
Once approved by the Planning Board, the operation and maintenance
plan shall remain on file with the Planning Board and shall be an
ongoing requirement. The applicant shall provide copies of the operation
and maintenance plan to all persons responsible for maintenance and
repairs. Depending on the complexity of the systems installed, the
Planning Board may require that the O&M Plan be recorded at the
Essex North Registry of Deeds by the Planning Board or its agent at
the expense of the current owner(s).
A.
The operation and maintenance plan shall be a stand-alone document
prepared by a Massachusetts-licensed professional engineer and shall
include:
(1)
The name(s) of the owner(s) for all components of the system.
(2)
A map showing the location of the systems and facilities, including all structural and nonstructural stormwater best management practices (BMPs), catch basins, manholes/access lids, pipes, and other stormwater devices. The plan showing such systems and facilities to be privately maintained, including associated easements, shall be recorded with the Essex North Registry of Deeds prior to issuance of a certificate of compliance by the Planning Board pursuant to Article XII.
(3)
Maintenance agreement that specifies:
(a)
The names and addresses of the person(s) responsible for operation
and maintenance.
(b)
The person(s) financially responsible for maintenance and emergency
repairs.
(c)
An inspection and maintenance schedule for all stormwater management
facilities, including routine and nonroutine maintenance tasks to
be performed. Where applicable, this schedule shall refer to the Maintenance
criteria provided in the Stormwater Handbook or the EPA National Menu
of Stormwater Best Management Practices or equivalent.
(d)
Instructions for routine and long-term operation and maintenance
shall have sufficient detail for responsible parties to perform necessary
maintenance activities and prevent actions that may adversely affect
the performance of each structural and/or nonstructural stormwater
BMP.
(e)
A list of easements with the purpose and location of each.
(f)
The signature(s) of the owner(s) and all persons responsible
for operation and maintenance, financing, and emergency repairs, as
defined in the maintenance agreement, if maintenance is to be performed
by an entity other than the owner.
(g)
Provisions for the Planning Board or its designee to enter the
property at reasonable times and in a reasonable manner for the purpose
of inspection.
(h)
Provisions for implementing deicing approaches alternative to
the traditional application of salt or sand for nonresidential uses
on sites located within the Lake Cochichewick watershed.
(i)
Provisions for complying with the additional requirements related
to soil removal in connection with development and redevelopment in
Article 5, Earth Materials Removal, of the Zoning Bylaw.
(4)
Stormwater management easements.
(a)
Stormwater management easements shall be provided by the property
owner(s) as necessary for:
[1]
Access for facility inspections and maintenance;
[2]
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
100-year storm event; and
[3]
Direct maintenance access by heavy equipment to structures requiring
regular maintenance.
(b)
The purpose of each easement shall be specified in the maintenance
agreement signed by the property owner.
B.
The O&M plan shall apply to the entire project site, not just
the disturbance area.
A.
The owner(s) of record of the stormwater management system must notify
the Planning Board or its agent of changes in ownership assignment
of operation and maintenance responsibilities, or assignment of financial
responsibility within 30 days of the change in ownership. The owner
of record shall be responsible for operation and maintenance activities
until a copy of the updated operation and maintenance plan has been
furnished to the Planning Board signed by the new owner or any new
responsible person.
B.
The maintenance schedule in the maintenance agreement may be amended
to achieve the purposes of the Stormwater Management and Erosion Control
Bylaw and Regulations by mutual agreement of the Planning Board and
the responsible parties. Amendments must be in writing and signed
by all responsible parties. Responsible parties shall include the
owner(s), persons with financial responsibility, and persons with
operational and/or maintenance responsibility.
A.
To ensure adequate long-term operation and maintenance of stormwater
management practices, applicants shall file an annual operation and
maintenance report and certification with the Planning Board on a
form specified by the Planning Board, accompanied by an annual filing
fee for administration and oversight of the operation and maintenance
plan. The amount of such fee will be listed in the Schedule of Planning
Board Filing Fees. This report will be due annually on or before February
15 and shall document the work that has been done during the prior
calendar year to properly operate and maintain the stormwater management
facility. The certification shall be signed by the person(s) or authorized
agent of the person(s) named in the permit as being responsible for
ongoing operation and management.
B.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs and shall retain the records for at least
five years. These records shall be made available to the Planning
Board during inspection of the facility and at other reasonable times
upon request.
(1)
At a minimum, inspections shall occur during the first year of operation
and in accordance with the operation and maintenance plan in the approved
land disturbance permit.
(2)
The owner of the property shall maintain a log of all operation and
maintenance activities, including, without limitation, inspections,
repairs, replacement and disposal. (For disposal, the log shall indicate
the type of material and the disposal location.) This log shall be
made available to the Planning Board upon request.
(3)
Inspection reports for stormwater management systems shall include:
(a)
Name of inspector and date of inspection.
(b)
The condition of each BMP, including components such as pretreatment
devices; vegetation or filter media; fences or other safety devices;
spillways, valves, or other control structures; embankments, slopes,
and safety benches; reservoir or treatment areas; inlet and outlet
channels and structures; underground drainage; sediment and debris
accumulation in storage and forebay areas (including catch basins);
any nonstructural practices; and any other item that could affect
the proper function of the stormwater management system.
(c)
Description of the need for maintenance.
C.
If a responsible person fails or refuses to meet the requirements
of the O&M plan, the Planning Board, after 30 days' written
notice (except that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours' notice shall
be sufficient), may correct a violation of the design standards or
maintenance requirements by performing the necessary work to place
the facility or practice in proper working condition. The Planning
Board may assess the owner(s) of the facility for the cost of repair
work, which shall be a lien on the property.
