A. 
The purpose of this article is to establish minimum stormwater management requirements and procedures in order to minimize damage to public and private property and infrastructure; safeguard the public health, safety, environment and general welfare; protect aquatic resources and wildlife habitat; protect the quality and health of water resources; conserve groundwater supplies; and foster climate change resiliency.
B. 
This article seeks to meet that purpose through the following objectives:
(1) 
Establish the Department as the Town department with the authority to ensure compliance with the provisions of this article and any regulations issued hereunder through a review process, inspections, monitoring, and enforcement;
(2) 
Establish administrative procedures for: the submission, review, and approval or disapproval of stormwater management permits; the inspection of approved active projects; and post-construction monitoring;
(3) 
Establish decision-making processes surrounding new development and redevelopment that protect watershed integrity and preserve and/or restore the health of local water resources such as lakes, ponds, streams, rivers, wetlands, embayments, and groundwater; and
(4) 
Ensure compliance with requirements of the NPDES general permit for stormwater discharges from MS4 and other applicable federal and state mandates.
A. 
No construction activity, including clearing, grading, or excavation that results in a disturbance of land equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb an area equal to or greater than one acre of land within the Town may commence without first obtaining a stormwater management permit issued by the Department, and in accordance with any regulations promulgated hereunder by the Department.
B. 
The applicant and/or owner is responsible for ensuring all required local, state, federal, and/or other permit or license approvals are obtained prior to commencing any disturbance of land activities.
The following are exempt from the requirements of this article:
A. 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act Regulation 310 CMR 10.04, as amended;
B. 
Maintenance of existing landscaping, gardens, or lawn areas associated with a single-family dwelling;
C. 
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
D. 
Normal maintenance and improvements of the Town of Barnstable publicly owned roadways and associated drainage infrastructure, as defined in § 903-7B(6); and/or
E. 
Emergency repairs to any stormwater management system or feature that poses a threat to public health or safety, or as deemed necessary by a Town department or board.
A. 
The Director may waive strict compliance with any requirement of this article, or regulations promulgated under this chapter, where:
(1) 
Such action is allowed by federal, state and local statutes and/or regulations;
(2) 
Is in the public interest;
(3) 
A public safety issue exists; and/or
(4) 
It is consistent with the purpose and intent of this article.
B. 
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of this article does not further the purposes or objectives of this article. The Department may require documentation to be submitted and stamped by a Professional Engineer.
The Department may require the permittee to post before the start of disturbance of land or construction activity a surety bond, irrevocable letter of credit, cash, or other acceptable security or financial assurance mechanism. The form of the bond or financial assurance shall be approved by the Department and be in an amount deemed sufficient by the Department to ensure that the work will be completed in accordance with the permit. If the project is phased, the Department may release part of the bond as each phase is completed in compliance with the stormwater management permit, but the bond may not be fully released until the Department has received a final inspection and issued a certificate of completion in accordance with the regulations promulgated hereunder.