[HISTORY: Adopted by the City Council of the City of Beverly 5-12-2008 by Ord. No. 86 (Art. XXXII of the Code of Ordinances); amended 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046; and 9-9-2024 by Ord. No. 188. Subsequent amendments noted where applicable.]
A. 
The purpose of this chapter is to protect the surface water bodies, natural resources, and public and private property within the City of Beverly from the negative impacts caused by polluted and unmanaged stormwater runoff and activities related to development, construction and land surface alteration and work not otherwise subject to regulation by the Planning Board and/or the Conservation Commission. In response to the mandates set forth under the amendments to the Federal Clean Water Act, this chapter partially fulfills the requirement of the Phase II National Pollution Discharge Elimination System (NPDES) and the General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) in Massachusetts permit in order to achieve compliance with the U.S. Environmental Protection Agency's stormwater regulations.
B. 
Therefore, this chapter has been established to provide the controls to ensure the safeguarding of public health and safety, public and private property, surface water, public drinking water, ground water resources, recreational areas, aquatic habitats and life and the environment as a whole by establishing minimum requirements and procedures to control the adverse effects of increased stormwater runoff, nonpoint source pollution associated with development and redevelopment, and erosion and sedimentation associated with construction.
C. 
Authority. This chapter is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution; the Home Rule statutes; MGL c. 83, §§ 1, 10, and 16; the Massachusetts Wetlands Protection Act, MGL c. 131 § 40; the Massachusetts Clean Water Act, MGL c. 21, §§ 26 through 53; and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34, as amended.
The following definitions shall apply in the interpretation and enforcement of this chapter. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning.
ABUTTER
Means the owner(s) of land abutting the activity.
ALTER
Means any activity that will measurably change the ability of a ground surface to absorb water or will change existing surface drainage patterns. Such changes may include change from distributed runoff to confined discrete point discharges; change in the volume of runoff from the area, change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. "Alter" may be similarly represented as "alteration of drainage characteristics" and "conducting land disturbance activities."
AGRICULTURE
Means the normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
APPLICANT
Means any "person" as defined below, requesting a soil erosion and sediment control permit for proposed land-disturbance activity.
BEST MANAGEMENT PRACTICE (BMP)
Means an activity, procedure, restraint, or structural improvement that helps to reduce the quantity and/or improve the quality of stormwater runoff.
CLEARING
Means any activity that removes the vegetative surface cover. Clearing activities generally include grubbing activity as defined below.
CONVEYANCE
Means any natural or human-made structure or device, including pipes, drains, culverts, curb breaks, paved swales or vegetated swales of all types designed or utilized to move or direct stormwater runoff or existing water flow.
DEVELOPMENT
Means the modification of land to accommodate a new use, revised use, or expansion of use, usually involving construction.
DISTURBANCE OF LAND
Means any action, including clearing and grubbing, that causes a change in the position, location or arrangement of soil, sand, rock, gravel or similar earth material.
ENVIRONMENTAL SITE MONITOR
Means a registered professional engineer or other trained professional approved by the Director of Engineering or their designee and paid by the holder of a drainage alteration or erosion control permit to periodically inspect the work and provide a written report to the Director of Engineering or their designee.
EROSION CONTROL
Means the prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff.
EROSION CONTROL PERMIT
Means a permit issued by the City Engineer, after review of an application, plans, calculations, and other supporting documents approving a system that is designed to protect the environment of the City from the deleterious effects of uncontrolled and untreated stormwater runoff.
FLOODING
Means a local and temporary inundation or a rise in the surface of a body of water, such that it covers land not usually under water.
GRADING
Means changing the level or shape of the ground surface.
GRUBBING
Means the act of clearing land surface by digging or grinding up roots and stumps.
ILLICIT CONNECTION
Means any non-stormwater surface or subsurface drain or conveyance which allows an illicit discharge into the storm sewer system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this chapter. Connections to the municipal storm sewer system which constitute illicit discharges as defined below which exist at the time of enactment of this regulation are considered illicit connections.
ILLICIT DISCHARGE
Means any direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in § 249-3F. The term does not include a discharge in compliance with an NPDES Stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 249-3G of this regulation.
IMPERVIOUS SURFACE or IMPERVIOUS COVER or IMPERVIOUS AREA
Means any material or structure on or above the ground that prevents water from infiltrating through the underlying soil. Impervious surface is defined to include, without limitation: paved surfaces (parking lots, sidewalks, driveways), rooftops, swimming pools, patios, and paved and compacted dirt surfaced roads.
INFILTRATION
Means the act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE
Means any activity that causes a change in the existing soil cover which includes the position or location of soil, sand, rock, gravel, or similar earth material. Land-disturbing activities include, but are not limited to clearing, grading, filling, and excavation. See also alter.
MASSACHUSETTS STORMWATER HANDBOOK
Means the stormwater handbook, and as amended from time to time, produced by MassDEP to be used as guidance for controlling stormwater. Implementation of the stormwater management standards shall be in accordance with the Stormwater Handbook.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
Means the requirements described in the Massachusetts Stormwater Handbook, as they may be amended from time to time, that address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by establishing standards that require the implementation of a wide variety of stormwater management strategies. These strategies include environmentally sensitive site design and low-impact development (LID) techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural stormwater best management practices, construction period erosion and sedimentation control, and the long-term operation and maintenance of stormwater management systems. The stormwater management standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
Means the municipal storm drain system is the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or artificial or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Beverly.
NEW DEVELOPMENT
Means any construction or land disturbance on a parcel of land that is currently in a natural vegetated state and does not contain alteration by artificial activities.
OWNER
Means a person with a legal or equitable interest in property.
PERSON
Means any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof to the extent subject to local ordinances, codes, administrative agency, public or quasi-public corporation or body, the City of Beverly, and any other legal entity, its legal representatives, agents or assigns.
PRE-DEVELOPMENT
Means the conditions that exist at the time that plans for the land development of a tract of land are submitted to the City. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission shall establish pre-development conditions.
POST-DEVELOPMENT
Means the conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. "Post-development" refers to the phase of a new development or redevelopment project after completion and does not refer to the construction phase of a project.
RECHARGE
Means the replenishment of underground water reserves.
REDEVELOPMENT
Means any construction, development, rehabilitation, expansion, demolition, land alteration, improvement of impervious surfaces, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites that does not meet the definition of "new development."
RESPONSIBLE PARTIES
Mean owner(s) and persons with financial, operational, and/or administrative responsibility.
RUNOFF
Means rainfall, snowmelt, or irrigation water flowing over the ground surface.
SITE
Means any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SEDIMENT
Means a mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATION
Means a process of depositing material that has been suspended and transported in water.
SLOPE
Means the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
STOP WORK ORDER
Means an order issued by the Director of Engineering or their designee which requires that all construction activity on a site be stopped.
STORMWATER
Means stormwater runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT
Means the use of structural or nonstructural practices that are designed to reduce and control stormwater runoff pollutant loads, discharge volumes and/or peak flow discharge rates.
TOTAL SUSPENDED SOLIDS (TSS)
Means material, including but not limited to trash, debris, and sand suspended in stormwater runoff.
A. 
This chapter or the regulations promulgated thereunder shall apply to all land-disturbing activities within the jurisdiction of the City of Beverly. Except as permitted by the Director of Engineering or their designee, or as otherwise provided in this chapter, no person shall perform any activity that results in land disturbance of one quarter acre or more.
B. 
This chapter applies to all construction, development, and redevelopment activities that involve and/or impact stormwater discharge, soil disturbance, altering of grades or drainage patterns not expressly exempted from it.
C. 
This chapter and the regulations promulgated hereunder serve to establish minimum standards, design criteria, implementation, guidance and enforcement to achieve the following objectives:
(1) 
Establish, regulate, and enforce stormwater management standards for development and redevelopment projects by adopting and enforcing the stormwater management standards set forth in the Massachusetts Stormwater Management Policy (latest edition).
(2) 
Detect and eliminate illegal discharges to the municipal storm drain system, including but not limited to sewage, process wastewater, wash water, indoor drains, floor drains, sinks from residential, commercial, or industrial sources.
(3) 
Guide, regulate, and manage construction activities that render soil exposed and vulnerable to erosion by wind and water as well as contain and properly manage potential on-site pollutants, including but not limited to oils, gasoline, pesticides, paints, garbage and sanitary wastes.
(4) 
Regulate the alteration of grades/elevations of the land surface by more than two feet to protect against damage to abutting properties and adjacent wetlands resource areas resulting from altered drainage patterns.
(5) 
Require that the use of low-impact development (LID) site planning and design strategies must be used to the maximum extent feasible to minimize development impact on water quality and the natural environment and to promote groundwater
D. 
Regulated activities. Regulated activities shall include, but not be limited to:
(1) 
Land disturbance of one quarter acre or more, whether or not associated with construction or reconstruction of structures;
(2) 
Development or redevelopment involving multiple separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs one quarter acre or more of land;
(3) 
Paving or other change in surface material over an area of one quarter acre or more causing a significant reduction of permeability or increase in runoff;
(4) 
Construction of a new municipal separate storm sewer system, drainage system, or alteration of any existing drainage system or conveyance serving a drainage area of one quarter acre or more; or
(5) 
Any other activity altering the surface of an area exceeding one-quarter acre or more that will, or may, result in increased stormwater runoff flowing from the property into a public way, the municipal storm sewer system, or wetlands.
E. 
Erosion and sedimentation control requirement. A project which includes land disturbance of less than one-quarter acre shall be considered to be in conformance with this chapter if soils or other eroded matter have been or will be prevented from being deposited onto adjacent properties, rights-of-way, the public storm drainage system or wetlands and watercourses. The design, installation and maintenance of erosion and sediment control operations and facilities shall adhere to the standards specified in the regulations adopted pursuant to this ordinance.
F. 
Illicit discharges and illicit connections.
(1) 
Illicit discharges and illicit connections shall be prohibited and shall include, but not be limited to, all flows of non-stormwater into the municipally owned storm sewer system, a watercourse, and any waters of the Commonwealth located within the boundaries of the City of Beverly.
(2) 
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into any storm sewer system, into a watercourse, or into waters of the United States and/or Commonwealth.
(3) 
Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm sewer system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
(4) 
Obstruction of the municipal storm sewer system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm sewer system without prior approval from the City of Beverly Department of Public Services.
G. 
Exempt activities. The following activities are exempt from the requirements of this chapter:
(1) 
Normal maintenance and improvement of land in agricultural use as defined by the Massachusetts Wetlands Protection Act;
(2) 
Replacement of existing wells or septic systems on lots having an existing dwelling, with use of stormwater best management practices to prevent erosion, sedimentation, and release of pollutants;
(3) 
Ground disturbances in the course of customary cemetery use and regular maintenance;
(4) 
Normal maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling, provided such maintenance does not include alteration of existing grades by more than two feet in elevation or alteration of drainage patterns;
(5) 
The construction or repair of any fencing or wall that will not alter existing terrain or drainage patterns;
(6) 
Emergency repairs to any structural stormwater best management practice or practice, such that the original design location, size, and technology remain the same, that poses a threat to public health or safety, or as deemed necessary by the Director of Engineering or their designee;
(7) 
Construction of utilities other than drainage (e.g., gas, water, electric, telephone) that will not alter terrain or drainage patterns; and
(8) 
Projects wholly within the jurisdiction under either the Wetlands Protection Act or activities which are subject to Beverly's Wetlands Protection Law and demonstrate compliance with the Massachusetts Stormwater Management Standards as reflected in an order of conditions issued by the Beverly Conservation Commission and/or MassDEP.
H. 
Coordination with other City permits.
(1) 
No road opening permit, building permit, subdivision approval, special permit, variance or finding shall constitute compliance with this chapter. The specific application submission requirements, public notices, and fee requirements of the applicable board, commission, and/or department shall remain in effect in addition to the requirements of the stormwater management ordinance. The Director of Engineering or their designee will make every effort to review the erosion control or drainage alteration permit application in a timely manner so as not to unnecessarily delay permit approval process of other city boards. No site altering activity may commence until the site owner or the site owner's agent submits a complete erosion control or drainage alteration permit application, the Director of Engineering or their designee issues a stormwater management permit, and the site owner and responsible parties sign and certify that all land clearing, construction, and development will be done pursuant to the approved plans and permit.
(2) 
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.
(3) 
In case of conflicting requirements, applicable state statutes and regulations shall be considered the more restrictive or more protective of human health and the environment and shall take precedence over the Beverly Stormwater Management Ordinance and the regulations promulgated thereunder. These state statutes and regulations include, but are not limited to, the following documents: the Massachusetts Wetlands Protection Act, the Massachusetts Rivers Act, the Massachusetts Watershed Protection Act, and the Massachusetts Stormwater Management Standards, as amended.
A. 
The Director of Engineering or their designee shall administer, implement, and enforce this chapter or the regulations promulgated thereunder. Any powers granted to or duties imposed upon the Director of Engineering or their designee through this chapter may be delegated in writing by the Director of Engineering or their designee to their employees and/or agents.
B. 
A permit required by this chapter will be issued by the Director of Engineering or their designee to the owner or the owner's duly authorized agent after the Director of Engineering or their designee has reviewed a plan to be submitted showing the nature of the work proposed, but only on such conditions, which shall be determined by the Director of Engineering or his/her designee, that will ensure that the proposed work will not adversely affect existing drainage and groundwater conditions that could affect the public health, safety and welfare of any public way or adjoining real estate.
C. 
The Director of Engineering or their designee shall be empowered to establish rules and regulations to govern the permitting process, including but not limited to fees, application procedures, definitions, use of consultants, security to assure performance, performance standards for work, and such other information the Director of Engineering or their designee deems necessary to discharge their responsibilities. The Director of Engineering or their designee may promulgate such rules and regulations to effectuate the purposes of this chapter by a majority vote of the duly appointed members of the Stormwater Management Advisory Committee. Failure by the Director of Engineering or their designee to promulgate such rules and regulations, or a legal declaration of their validity by a court of law, shall not act to suspend or invalidate the effect of this chapter.
A. 
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule, and public hearing process, shall be defined and included as part of the regulations promulgated under § 249-4C of this chapter.
B. 
Criteria for erosion and sediment control and post-construction stormwater management, including stormwater performance standards, shall be defined and included as part of the regulations promulgated under § 249-4C of this chapter. The Director of Engineering or their designee will utilize the Massachusetts Stormwater Handbook for criteria and information including specifications and standards for the execution of provisions of this chapter. These include a list of acceptable stormwater treatment practices, with specific design criteria for each. Unless specifically altered in the rules and regulations, stormwater best management practices that are designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Standards and design and sizing criteria in the Massachusetts Stormwater Handbook shall be presumed by the Director of Engineering or their designee to be protective of Massachusetts water quality standards.
In accordance with the provisions of MGL c. 40, §§ 21D and 31, as well as every other authority and power that may have been or may hereafter be conferred upon it, this chapter may be enforced pursuant to MGL c. 40, § 21D; the Director of Engineering or their designee may enforce the provisions of this chapter, restrain violations thereof, and seek injunctions and judgments to secure compliance with its orders of conditions. Without limiting the generality of the foregoing:
A. 
Any person who violates any provision of this chapter or of any condition of a permit issued pursuant to it may be punished by a fine pursuant to MGL c. 40, § 21, in the amount of $300. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense.
B. 
In the event of a violation of this chapter or of any order issued thereunder, the Director of Engineering or their designee shall issue a stop-work order to the owner, the applicant, or the applicant's agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop-work order shall be deemed in violation of this chapter; but the failure of the Director of Engineering or their designee to issue a stop-work order for any reason shall not prevent the City from pursuing any other remedy at law or in equity to restrain violations of this chapter or promulgated regulations and to secure compliance with its orders.
Upon the recording of a notice of violation and/or order issued pursuant to this chapter with the Southern Essex District Registry of Deeds, any person or entity who purchases, inherits, or otherwise acquires real estate upon which work has been done in violation of the provisions of this chapter or is the subject of an order issued pursuant to this chapter shall forthwith comply with the requirements of this chapter, and will be subject to enforcement as provided for in § 249-6A; provided, however, that no action, civil or criminal, shall be brought against such person or entity unless such action is commenced within three years following the recording of the deed or the date of death by which such real estate was acquired by such person.