§ 13.10.030. Post-construction stormwater management.

A.

Purpose. The purpose of this section is to establish minimum requirements and controls to protect and safeguard the environment, natural resources, general health, safety, and welfare of the public residing in watersheds within the city's jurisdiction from the adverse impacts of stormwater runoff. Stormwater management controls are typically permanent features of a complete project, and as such require maintenance and management. This section seeks to meet that purpose through the following objectives:

1.

To minimize stormwater runoff from any development;

2.

To minimize nonpoint source pollution caused by stormwater runoff from development;

3.

To provide for groundwater recharge where appropriate; and

4.

To ensure controls are in place to respond to subsections (A)(1) and (2) and are properly operated and maintained.

B.

Definitions. For purposes of this section:

"Accelerated erosion" means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.

"Applicant" means a property owner or agent of a property owner who has filed a stormwater management plan.

"Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property and occupying more than one hundred square feet of area.

"Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

"Dedication" means the deliberate appropriation of property by its owner for general public use.

"Detention" means the temporary storage of storm runoff in a stormwater management facility with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

"Detention facility" means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.

"Developer" means a person who undertakes land disturbance activities.

"Drainage easement" means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.

"Erosion and sediment control plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

"Fee in lieu" means a payment of money in place of meeting all or part of the stormwater performance standards required by this section.

"Hotspot" means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

"Hydrologic soil group (HSG)" means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.

"Impervious cover" means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

"Industrial stormwater permit" means a national pollutant discharge elimination system (NPDES) permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

"Infiltration" means the process of percolating stormwater into the subsoil.

"Infiltration facility" means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

"Jurisdictional wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophilic vegetation.

"Land disturbance activity" means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural man-made watercourse.

"Landowner" means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding propriety rights in the land.

"Operation and maintenance plan" means a plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.

"Nonpoint source pollution" means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources.

"On-site facility" means a stormwater management measure located within the subject property boundary described in the permit application for land development activity.

"Person" means any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth of Massachusetts or other political subdivision thereof to the extent subject to city ordinances, administrative agency, public or quasi-public corporation or body, the city of Revere and any other legal entity, its legal representatives, agents or assigns.

"Resource area" means any area protected under the Massachusetts Wetlands Protection Act or Massachusetts Rivers Act.

"Recharge" means the replenishment of underground water reserves.

"Redevelopment" means any construction, alteration, or improvement exceeding one acre in area where existing land use is high-density commercial, industrial, institutional or multifamily residential.

"Stop work order" means an order issued which requires that all construction activity on a site be stopped.

"Stormwater management" means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates, and detrimental changes in stream temperature that affect water quality and habitat.

"Stormwater retrofit" means a stormwater management practice designed for the existing development site that previously had either no stormwater management practice in a place or a practice inadequate to meet the stormwater management requirements of the site.

"Stormwater runoff" means flow on the surface of the ground, resulting from precipitation.

"Stormwater treatment practices (STPs)" means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

"Water quality volume (WQ)" means the storage needed to capture and treat ninety percent of the average annual stormwater runoff volume; numerically (WQ) will vary as a function of long-term rainfall statistical data.

"Watercourse" means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

C.

Jurisdiction.

1.

No person shall conduct land disturbance activities which would exceed the following thresholds without an approved stormwater management plan:

a.

Any land disturbance activity greater than two thousand five hundred square feet which would result in an increased amount of stormwater runoff from the property to public/private property or resource areas;

b.

Any activity which would increase the flow to the municipal storm or sanitary sewer systems;

c.

Any activity which would alter or modify an existing drainage system.

2.

Activities which are exempt from the requirements of an approved stormwater management plan are:

a.

Emergency repairs to any stormwater structure;

b.

Maintenance of existing gardens or lawns;

c.

Construction of utilities, other than drainage, which would not alter the terrain, ground cover or drainage patterns.

D.

Stormwater Management Plan. A stormwater management plan, which meets the design requirements of this chapter, shall be prepared by a licensed professional engineer and submitted to the city engineer and department of public works. The plan shall include, but not be limited to, the items listed below and, at a minimum, be designed to provide sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. The minimum information, in addition to the name, address and telephone number of the owner, civil engineer and person responsible for implementation of the plan, submitted for support of a stormwater management plan shall be as follows:

1.

Locus map;

2.

Drainage area map showing drainage area and stormwater flow paths;

3.

Location of existing and proposed utilities;

4.

Location of all existing and proposed stormwater utilities, including structures, pipes, swales and detention basins;

5.

Topographic survey showing existing and proposed contours;

6.

Soils investigation, including borings or test pits, for areas where construction of infiltration practices will occur;

7.

Description of all watercourses, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;

8.

Delineation of one hundred-year floodplains, if applicable;

9.

Groundwater levels at the time of probable high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration;

10.

Existing and proposed locations, cross sections, and profiles of all brooks, streams, drainage swells and the method of stabilization;

11.

Location of existing and proposed easements;

12.

Proposed improvements including location of buildings or other structures, impervious surfaces and storm drainage facilities, if applicable;

13.

Structural details for all components of the proposed drainage systems and stormwater management facilities;

14.

Timing schedules and sequences of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization;

15.

Operation and maintenance schedule;

16.

Notes on drawings specifying materials to be used, construction specifications, and typicals;

17.

Location of areas to be cleared of more than fifty percent of the vegetation.

E.

Design Requirements and Performance Standards.

1.

Performance Standards. Control of stormwater runoff shall meet the performance standards for both flood control (volume and peak discharge) and nonpoint source pollution reduction as defined in the Massachusetts Stormwater Management Policy dated March 1997 as amended. All assumptions, methodologies and procedures used to design BMPs and stormwater management practices shall accompany the design. All activities, project design, BMPs, and stormwater management practices should aim to minimize stormwater runoff, maximize infiltration and recharge where appropriate, and minimize pollutants in stormwater runoff.

2.

Major and Minor Projects. Activities will be classified as major and minor projects. Major projects are defined as projects which have activities resulting in the land disturbance of one acre or more. All other activities will be considered minor projects. Requirements for major and minor projects are as follows:

a.

Major projects must either meet the requirements of the stormwater management standards or demonstrate that an equivalent level of environmental protection is provided in the event that one or more of the standards are not met.

b.

Minor projects must meet the stormwater management standards, however, at the discretion of the DPW, certain aspects of the stormwater management plan may be waived. In general, projects which fall into this category will not require the submission of an operation and maintenance plan.

F.

Review and Approval.

1.

The department of public works will review the stormwater management plan to determine its conformance with the provisions of this section. For major projects, the conservation commission shall also review the stormwater management plan. Within thirty days after receiving the plan, the department of public works and engineering department 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 approve the plan subject to these conditions;

c.

Disapprove the plan indicating the reason(s) and procedure for submitting a revised plan and/or submission.

2.

Failure of the department of public works to act on an original or revised application within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plan as filed unless such time is extended by agreement between the applicant and the department of public works. Pending preparation and 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. To obtain inspections, the applicant shall notify the department of public works at least two working days before the following:

a.

Start of construction;

b.

Installation of stormwater controls;

c.

Close of construction season;

d.

Completion of final grading and landscaping.

2.

The applicant shall submit an "as-built" plan for the stormwater controls after the final construction is completed. The plan must show the final design specifications of all stormwater management controls and must be prepared by a professional engineer.

H.

Enforcement.

1.

When the department of public works or department of municipal inspections determines that an activity is not being carried out in accordance with the requirements of this chapter, a written notice of noncompliance to the applicant shall be issued which, at a minimum, will contain the following:

a.

The name and address of the applicant;

b.

The street address or description of the building, structure or land upon which the noncompliance is occurring;

c.

A statement specifying the nature of the noncompliance;

d.

A description of the remedial measures necessary to bring the activity into compliance with this bylaw and a time schedule for the completion.

2.

Applicants receiving a notice of noncompliance will be required to halt all construction activities. This "stop work order" will be in effect until the department of public works or department of municipal inspections confirms that the activity involved in the noncompliance has been satisfactorily addressed. Occupancy permits, if applicable, will not be granted until the requirements of this bylaw are complied with.

3.

In the event that damages occur to the environment, natural resources, municipal facilities, and/or general health, safety and welfare of the public due to improper installation, operation or maintenance of stormwater controls, a fine may be imposed by the city in accordance with Chapters 1.12 and 1.16 of the revised ordinances of the city of Revere.

(C.O.04-753 § A (part))