§ 13.10.020. Erosion and sediment control.
A.
Purpose.
1.
The purpose of this section is to eliminate or reduce the adverse effects of soil erosion and sedimentation on the environment, public welfare/health, and municipal facilities.
2.
These adverse effects may be the result of managed construction and other activities including but not limited to earth alteration, excavation, removal of vegetation and general construction activities.
B.
Definitions. For purposes of this section:
"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.
"Clearing" means any activity that removes the vegetative surface cover.
"Drainage way" means any channel that coveys surface runoff throughout the site.
"Erosion control" means a measure that prevents erosion.
"Erosion and sediment control plan" means a set of plans prepared by or under the direction of a licensed professional engineer, certified professional in erosion and sediment control, or other appropriately licensed and experienced professional, indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
"Grading" means excavation or fill of material, including the resulting conditions thereof.
"Owner" means a person with a legal or equitable interest in property.
"Perimeter control" means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to an on-site sediment trop or basin.
"Phasing" means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
"Sediment control" means measures that prevent eroded sediment from leaving the site or entering off-site drainage structures.
"Site" means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
"Stabilization" means the use of practices that prevent exposed soil from eroding.
"Start of construction" means the first land-disturbing activity associated with a development, including but not limited to land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
"Watercourse" means any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water.
"Waterway" means a channel that directs surface runoff to a watercourse or to the public storm drain.
C.
Jurisdiction.
1.
No person shall excavate, cut, grade or perform any land-disturbing activities of significance, without an approved erosion and sediment control plan. Activities of significance are those which meet or exceed the following thresholds:
a.
Any change of existing grade of more than two thousand five hundred square feet or twenty-five percent of the lot whichever is smaller;
b.
Removal of existing vegetation of more than two thousand five hundred square feet or twenty-five percent of the lot whichever is smaller;
c.
Storage of more than one hundred cubic yards of excavate or fill.
2.
Activities which are exempt from the requirement of an approved erosion and sediment control plan are as follows:
a.
Emergency activities for the protection of life, property, or natural resources;
b.
Existing permitted nursery and agricultural operations.
D.
Erosion and Sediment Control Plan.
1.
Activities which require the change of existing grade or removal of existing vegetation on any parcel of less than twenty thousand square feet or storage of excavate or fill between one hundred and one thousand three hundred cubic yards shall be deemed a project of minor significance and will require that the following information to be included on the erosion and sediment control plan:
a.
Name, address and telephone number of owner, civil engineer and person responsible for implementation of the plan;
b.
Property lines;
c.
Location of all existing and proposed building and impervious surface;
d.
Location of all existing and proposed stormwater utilities, including structures, pipes, swales and detention basins;
e.
Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sediment transport, including provisions to preserve topsoil and limit disturbance;
f.
Design details for both temporary and permanent erosion control structures;
g.
The department of public works may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance of public health and safety.
2.
Activities which require (a) the change of existing grade or removal of exiting vegetation on more than twenty thousand square feet or (b) storage of excavate or fill in excess of one thousand three hundred cubic yards shall be deemed a project of significant impact and will require that the erosion and sediment control plan include all of the information required of projects of minor significance plus the following additional information:
a.
An attached vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures;
b.
Suitable contours for the existing and proposed topography;
c.
A clear and definite delineation of any areas of vegetation or trees. Note all vegetation that is to be removed and all vegetation that is to be saved;
d.
A clear and definite delineation of any wetlands, natural or artificial water storage detention areas, and drainage ditches on the site;
e.
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing and establishment of permanent vegetation.
E.
Performance Standards. A construction project shall be considered in conformance with this section if soils or other eroded matter has been prevented from being deposited onto adjacent properties, rights-of-ways, public storm drainage system, or wetland or watercourse. The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas dated March 1997 or the latest edition thereof.
F.
Review and Approval. An erosion and sediment control review is triggered by a building permit application or other activity that falls within the jurisdiction described in subsections C and D above. Applicants are referred by the permit-issuing agency to the department of public works and city engineer to conduct the erosion and sediment control review. Activities that fall within the jurisdiction described in subsections C and D above that do not require a permit from any city department are not exempt from this provision. In this situation, the applicant must seek erosion and sediment control review directly from the department of public works.
1.
The department of public works will review each erosion and sediment control plan to determine its conformance with the provisions of this section. Within thirty calendar days after receiving an application, the department of public works shall, in writing:
a.
Approve the plan as submitted;
b.
Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
c.
Disapprove the plan, indicating the reason(s) and procedure for submitting a revised application and/or submission.
2.
Failure of the department of public works to act on an original or revised plan within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the department of public works. Pending preparation approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the department of public works.
G.
Inspections.
1.
The superintendent of public works, or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the owner or person responsible for the implementation of the plan wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the department of public works shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the department of public works at least two working days before the following:
a.
Installation of sediment and erosion control measures*;
b.
Start of construction;
c.
Completion of site clearing;
d.
Completion of rough grading;
e.
Close of the construction season;
f.
Completion of final landscaping.
* Only notification required on minor projects.
2.
The person responsible for implementation of the plan shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be able to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the department of public works at the time interval specified in the approved permit.
3.
The superintendent of public works or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed as noted above.
H.
Enforcement. Suspension of Construction or Site Alteration Activity. In the event that the activity at a site violates the conditions as stated or shown on the approved erosion and sediment control plan in such a manner as to adversely affect the environment, public welfare/health and municipal facilities, then the superintendent of public works or director of municipal inspections may suspend work until the violations are corrected.
(C.O.04-753 § A (part))